BCC Minutes 01/14/2020 RJanuary 14, 2020
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, January 14, 2020
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board(s) of such
special districts as have been created according to law and having
conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
CHAIRMAN: Burt L. Saunders
Donna Fiala
Andy Solis
Penny Taylor
William L. McDaniel, Jr.
ALSO PRESENT:
Leo Ochs, County Manager
Nick Casalanguida, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller
Troy Miller, Communications & Customer Relations
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January 14, 2020
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
January 14, 2020
9:00 AM
Commissioner William L. McDaniel, Jr., District 5 - Chair; CRAB Co-Chair
Commissioner Burt Saunders, District 3 – Vice-Chair
Commissioner Donna Fiala, District 1; CRAB Co-Chair
Commissioner Andy Solis, District 2
Commissioner Penny Taylor, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE
(3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
REQUESTS TO PETITION THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER “PUBLIC PETITIONS.”
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
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January 14, 2020
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Beverly Duncan of Naples United Church of Christ
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. Selection of Chairman and Vice-Chairman
C. Recommendation that the Board appoint its members to offices of the Board
of County Commissioners, the Community Redevelopment Agency, the
Tourist Development Board, the Community and Economic Development
Board, the Public Safety Coordinating Council, and the Southwest Florida
Regional Planning Council, and to authorize the new Chairs for both the
Board of County Commissioners and the Community Redevelopment
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Agency to execute all documents approved at both this meeting and those
documents which were previously approved but are pending signature.
D. December 10, 2019 BCC Meeting Minutes
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
1) 20 YEAR ATTENDEES
a) Mike Levy - Facilities Management
b) Janet Pereira - Library
c) Consuela Thomas - Operations & Regulatory Management
2) 25 YEAR ATTENDEES
a) Osmin Conde - Parks & Recreation
b) Jonathan Harraden - EMS
c) Michele Williamson - EMS
3) 30 YEAR ATTENDEES
a) Irving Baez - Parks & Recreation
b) Heather Sweet - Utilities Finance
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE YEAR
1) Recommendation to recognize Jolen Mayberry, Public Services
Department, Park Ranger, as the 2019 Employee of the Year. (All
Districts)
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4. PROCLAMATIONS
A. Proclamation designating January 2020 as Human Trafficking Awareness
Month in Collier County. To be accepted by Linda Oberhaus, Chief
Executive Officer, Shelter for Abused Women & Children, Detective
Sergeant Wade Williams, and Lieutenant Jason Wrobleski.
B. Proclamation recognizing the 23rd Annual Dr. Martin Luther King Jr.
Parade & Celebration to be held on Monday, January 20, 2020. To be
accepted by Vincent and Diann Keeys, Harold Weeks, Irene Williams, Eliza
McClenaghan, Maria Pizarro, and Lissett DeLaRosa.
C. Proclamation recognizing Pelican Wire as recipient of the Waste Reduction
Awards Program (WRAP) Award, for contributing to the greater good of
Collier County by advocating the "Reduce, Reuse, Recycle" message,
thereby helping to prolong the usable life of the Collier County Landfill. To
be accepted by Trent Dunn, Amy Foster, and Janna Judd.
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for January 2020
to TheatreZone. To be accepted by Mark Danni, Artistic Director, and Karen
Molnar Danni, Managing Director. Also attending is Bethany Sawyer
representing the Greater Naples Chamber of Commerce.
6. PUBLIC PETITIONS
A. Public Petition request by Daryl Fiene for Kathryn Leonard and Royal Arms
Extension Condo Association regarding the closing of privately-owned
Georgetown Boulevard.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This item requires that ex parte disclosure be provided by Commission
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members. Recommendation to approve an Ordinance amending Ordinance
Number 92-43, as amended by Ordinance Number 92-77, and amending
Ordinance Number 2004-41, as amended, the Collier County Land
Development Code which includes the comprehensive zoning regulations
for the unincorporated area of Collier County, Florida, by amending the
appropriate zoning atlas map or maps by changing the zoning classification
of the herein described real property from a Residential Multifamily (RMF -
16(8)) zoning district to a Residential Pl anned Unit Development (RPUD)
zoning district, to allow for development of up to 526 multi-family dwelling
units, two-family attached and townhouse residential dwelling units, or 265
single- family dwelling units or any combination of dwelling unit types
subject to a traffic cap for a project to be known as Enbrook RPUD; and by
eliminating the 100 foot wide greenbelt along the entire east and south
property lines and eliminating the two -story height limitation described in
Ordinance No. 92-43 and Ordinance No. 92-77 for the Royal Fakapalm
Planning Community; and providing an effective date. The subject property
consisting of 65.88 acres is located on the south side of Manatee Road
approximately 1500 feet east of Collier Boulevard, in Section 10, Township
51 South, Range 26 East, Collier County, Florida. [PL20180002899]
(District 1)
B. This item was continued from the December 10, 2019 BCC Meeting.
Recommendation to approve the single petition within the 2018 Cycle 3 of
Growth Management Plan Amendments for transmittal to the Florida
Department of Economic Opportunity for review and comments for an
amendment specific to the Hammock Park Commerce Centre CPUD in the
northeast quadrant of the Mixed-Use Activity Center #7 at the intersection of
Rattlesnake-Hammock Road and Collier Boulevard. (Transmittal Hearing)
PL20180002804/CP-2018-8 (District 1)
10. BOARD OF COUNTY COMMISSIONERS
11. COUNTY MANAGER'S REPORT
A. This item to be heard at 10:00 a.m. Recommendation to accept the
consultant’s report on the feasibility of constructing a parking structure at
Clam Pass Beach Park; defer development of a parking structure at this time;
pursue alternative methods for beach access and implement planned
improvements to underutilized sections of the public beach at Clam Pass
Park. (Barry Williams, Director, Parks and Recreation Division) (All
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Districts)
B. Recommendation to review and approve staff's ranking of the proposals
submitted in response to Invitation to Negotiate (“ITN”) No. 20 -7689
concerning a Public Private Partnership (P3) to provide a golf and
entertainment component at the former Golden Gate Golf Course and direct
the County Manager’s office to begin contract negotiations with the selected
vendor. (Geoff Willig, Senior Operations Analyst) (All Districts)
C. Recommendation to enter into a donation agreement with Community
Foundation of Collier County, Inc., to accept a sculpture to be placed in the
public right-of-way on Collier Boulevard at Tamiami Trail East and agree to
the maintenance of the sculpture in perpetuity (Project Number 60206). (Joe
Delate, Principal Project Manager, Growth Management Department)
(District 1)
D. Recommendation to adopt a resolution superseding Resolution No. 2008 -
387 and authorizing the acquisition by gift or purchase of fee simple parcels
and easements necessary for the construction of roadway, drainage and
utility improvements required for the expansion and extension of Vanderbilt
Beach Road from Collier Boulevard to 16th Street NE and Massey Street
from Vanderbilt Beach Road to south of Mockingbird Drive (Project No.
60168). Estimated fiscal impact: $33,321,305. (Jay Ahmad, Transportation
Engineering, Division Director) (All Districts)
E. Recommendation to approve the award of Invitation to Bid #19-7666, “New
Tamiami Well #39” to Mitchell & Stark Construction Company, Inc., in the
amount of $1,116,994, and authorize the Chairman to sign the attached
agreement. (Tom Chmelik, Director, Public Utilities Engineering and Project
Management Division) (All Districts)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
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B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. BCC Future Workshop Schedule (All Districts)
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of each
item. If discussion is desired by a member of the Board, that item(s) will be
removed from the Consent Agenda and considered separately.
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A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to approve and authorize the Chairman to sign a
Collier County Landscape Maintenance Agreement (“Agreement”)
between Collier County and StoneCreek Property Owners
Association, Inc., for landscape and irrigation improvements within
the Logan Boulevard North public right-of-way. (This is a companion
item to Agenda Item 16A2) (District 3)
2) Recommendation to approve a Resolution for final acceptance of the
public roadway and drainage improvements for a portion of that
roadway known as Logan Boulevard North, adjacent to the
Stonecreek Community, approximately 1.5 miles of two-lane divided
roadway, together with a 10’ multi-use pathway, Permit No.
PRROW20190103055. (This is a companion item to Agenda Item
#16A1) (District 3)
3) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements for the final plat of
Canopy, Application Number PL20120002575, and authorize the
release of the maintenance security. (District 5)
4) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements for the final plat of
Brandon, Application Number PL20130001578, and Brandon Replat,
Application Number PL20150000523, and authorize the release of the
maintenance securities. (District 2)
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5) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements for the final plat of
Maple Ridge at Ave Maria Phase 3, Application Number
PL20140000067, and authorize the release of the maintenance
security. (District 5)
6) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements for the final plat of
Gaspar Station - Phase Three, Application Number PL20160001055,
and authorize the release of the maintenance security. (District 2)
7) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for
Esplanade Golf & Country Club of Naples Phase 4 – Parcel L,
PL20170004209 and to authorize the County Manager, or his
designee, to release the Final Obligation Bond in the total amount of
$4,000 to the Project Engineer or the Developer’s designated agent.
(District 3)
8) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for Avery
Square (Buckley) Phase 2, PL20180002101 and to authorize the
County Manager, or his designee, to release the Final Obligation Bond
in the amount of $4,000 to the Project Engineer or the Developer’s
designated agent. (District 2)
9) Recommendation to approve final acceptance of the potable water and
sewer facilities for Two Lakes Plaza – Summit Church,
PL20190002633. (District 2)
10) Recommendation to approve final acceptance and accept conveyance
of the sewer utility facilities for Racetrac at Shadowlawn,
PL20190001898. (District 4)
11) 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 amended final plat of Bella Tesoro an
Esplanade Community – Phase 1, Application Number
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PL20190001408 (f.k.a Currents of Naples an Esplanade Community –
Phase 1), approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security. (District 1)
12) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Talis Park Maintenance
Facility Plat, Application Number PL20190001165. (District 2)
13) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $235,600 which was posted as a
guaranty for Excavation Permit Number 60.147, PL20160001622 for
work associated with Fronterra Phase 1 and 2. (District 3)
14) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $50,740 which was posted as a
guaranty for Excavation Permit Number PL20180000297 for work
associated with Arboretum. (District 4)
15) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $93,900 which was posted as a
guaranty for Excavation Permit Number 61.159, PL201700002712 for
work associated with Legacy Naples New Hope Ministries – Phase 2.
(District 3)
16) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $25,000 which was posted as a
guaranty for Excavation Permit Number PL20190000647 for work
associated with Club Pelican Bay Golf Course Restoration. (District
2)
17) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $167,000 which was posted as a
guaranty for Excavation Permit Number 60.126, PL20150001273 for
work associated with Avalon of Naples. (District 3)
18) Recommendation to authorize the Clerk of Courts to release 1) the
Cash Bond in the amount of $7,000, which was posted as a
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January 14, 2020
development guaranty for an Early Work Authorization (EWA), and
2) the Cash Bond in the amount of $10,500, which was posted as a
development guaranty for a Vegetation Removal and Site Filling
Permit (VRSFP), for work associated with Legacy Estates,
PL20140002627. (District 2)
19) Recommendation to accept the Federally-Funded Sub-award and
Grant Agreement with the Florida Division of Emergency
Management (FDEM) for funding in the amount of $187,500 under
the Federal Emergency Management Agency (FEMA) Hazard
Mitigation Grant Program for the design of the new Gordon River
Control Structure and authorize necessary budget amendment.
(Project No. 60102) (All Districts)
20) Recommendation to approve a Purchase Agreement for the purchase
of land (Parcel 1256FEE) required for the Vanderbilt Beach Road
Extension (Project #60168). Estimated Fiscal Impact: $317,855.
(District 5)
21) Recommendation to award Invitation to Bid (“ITB”) No. 19-7607,
"Traffic Operations Signal Components and Hardware," to the
following vendors: Control Technologies, Inc., Econolite Control
Products, Inc., Express Supply, Inc., ITS Plus, Inc. dba ITS Plus 3
Inc., Peek Traffic Corporation, Rhythm Engineering, LLC, Temple
Inc., and Transportation Control Systems, Inc. (All Districts)
22) Recommendation to approve Agreement No. 4600004128 in the
amount of $180,000 with the South Florida Water Management
District (SFWMD) for the Collier County Griffin Road Area
Stormwater Improvement Project and authorize any necessary budget
amendments. (Project Number 60196) (All Districts)
23) Recommendation to approve Agreement No. 4600004125 in the
amount of $240,000 with the South Florida Water Management
District (SFWMD) for the Collier County Freedom Park Stormwater
Channel Improvement Project and authorize any necessary budget
amendments. (All Districts)
24) Recommendation to approve the attached Third Amendment to
Agreement No. 17-7103 with Q. Grady Minor and Associates, P.A.
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January 14, 2020
for post-design construction administration services in the amount of
$199,516 for the West Goodlette-Frank Road Joint Stormwater-Sewer
Project (Project No. 60142) (District 4)
25) Recommendation to establish policy and a standard template for an
Easement Use Agreement associated with minor encroachments in
utility, drainage, or similar easements on behalf of the Board of
County Commissioners. (All Districts)
26) Recommendation to award a Work Order to Mitchell and Stark
Construction Company, Inc., under Underground Utility Contracting
Agreement No. 14-6213, for construction of the Neptune Canal
Maintenance Access Boat Ramp project, in the amount of
$140,313.51 (Project #60221) and authorize the necessary budget
amendment. (District 3)
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners, acting as
the Collier County Community Redevelopment Agency Board,
approve and authorize the Chairman to execute a Commercial
Building Improvement Grant Agreement between the Community
Redevelopment Agency and Kurgis 1996 Irrevocable Trust in the
amount of $6,854.50 for property located within the Bayshore
Gateway Triangle Community Redevelopment Area at 6023 Bayshore
Drive. (District 4)
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve the award of Invitation to Bid No. 19 -
7647 to Hill York Service Company, LLC, in the amount of $785,378,
for the installation of improvements to the Water Division’s
emergency generators located at the County’s two water treatment
plants and the Carica Pump Station necessary for compliance with
new EPA regulations and authorize the Chairman to sign the attached
contract. (All Districts)
2) Recommendation to authorize budget amendments for the Facilities
Management Division in the amount of $2,226,608.45 to fund three
(3) Infrastructure Sales Surtax Projects under the HVAC, Roofing,
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January 14, 2020
and Capital Equipment Replacement at Sheriff’s and County Facilities
category. (Projects #50176, #50181, and #50182) (District 1, District
5)
3) Recommendation to offer residents grant funded, curbside bear -
resistant solid waste containers, as defined in the adopted BearWise
ordinance, at a subsidized cost with deployment provided by Waste
Management, Inc., of Florida through a Memorandum of
Understanding. (All Districts)
4) Recommendation to surplus County-owned property located at 343
Saint Andrews Boulevard, advertise the property for sale pursuant t o
the provisions outlined in Section 125.35(1)(c), Florida Statutes, and
set a minimum bid of $126,583. (District 1)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to adopt a Resolution repealing all previous
resolutions to increase Pickleball membership fees and to establish a
fee for non-residents in the Collier County Parks and Recreation
Division Facilities and Outdoor Areas License and Fee Policy. (All
Districts)
2) Recommendation to award Request for Quotation #19-7525-5, “East
Naples Community Park 2020 Pickleball Improvements,” under
Agreement No. 19-7525, Annual Agreement for General Contractor
Services, to Compass Construction, Inc., authorize the issuance of a
purchase order in the amount of $590,462.26 to add ten (10) new
pickleball courts and a maintenance area at East Naples Community
Park before the 2020 US Open Pickleball Championship and approve
the necessary budget amendment. (District 1, District 4)
3) Recommendation to approve an “After-The-Fact” contract
Amendment and Attestation Statement between the Area Agency on
Aging for Southwest Florida, Inc., (Agency) and Collier County
Community and Human Services’ Services for Seniors Program
(CHS) to extend the Older Americans Act Programs grant period
through February 29, 2020. (All Districts)
4) Recommendation to repeal and replace Resolution 87-200 to update
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January 14, 2020
and modernize the Collections Management Policy for the Museum
Division. (All Districts)
5) Recommendation to accept a grant donation from the Hsi-Yang Wu
Memorial Fund through the Branch County Community Foundation
for general support of the Collier County Public Library and authorize
the necessary Budget Amendment. (All Districts)
6) Recommendation to authorize a Budget Amendment to recognize
carry forward interest earned for the period July 2019 through
September 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. (All Districts)
7) Recommendation to approve two (2) mortgage satisfactions for the
State Housing Initiatives Partnership (SHIP) loan program and HOME
Investment Partnership Program (HOME) and authorize the
associated Budget Amendments. (Net Fiscal Impact $18,760) (All
Districts)
8) Recommendation to approve one Satisfaction of Mortgage for full
payment of a Mortgage Security Instrument with St. Matthew’s
House, Inc., in the amount of $138,000 to acquire land for
construction of the Wolfe Apartments, a 46-unit transitional housing
development. (All Districts)
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to approve a Second Amendment to Agreement No.
15-6474R, “Medical Director for County Occupational Health
Services (Part A) and Employment Physicals & Drug Testing (Part
B),” with Advance Medical Center, LLC. (All Districts)
2) Recommendation to renew a Certificate of Public Convenience and
Necessity for a Class 2 ALS non-emergency inter-facility ambulance
transports to Just Like Family Concierge Medical Transport Services
(D.B.A. Brewster Ambulance Service), to allow post-hospital inter-
facility medical ambulance transfer services. (All Districts)
3) Recommendation to approve a Certificate of Public Convenience and
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January 14, 2020
Necessity for non-emergency inter-facility Basic Life Support (BLS)
ambulance transports to Care Med Transportation, LLC, for the
purpose of providing post-hospital and inter-facility medical
ambulance transfer services. (All Districts)
4) Recommendation to approve the selection committee’s ranking of
Request for Professional Services (“RPS”) No. 18-7432-LA,
“Professional Services Library - Landscape Architecture Category,”
and authorize staff to begin contract negotiations with all ten ranked
firms, so that proposed agreements may be brought back for the
Board’s consideration at a subsequent meeting. (All Districts)
5) Recommendation to award Invitation to Bid #19-7652, Gillig Bus
Parts, to Gillig, LLC, for the supply of Original Equipment
Manufacturer (“OEM”) and non-OEM parts to maintain and repair the
County’s bus fleet. (All Districts)
6) Recommendation to approve an extension to the Service-Learning
Agreement for Student Internships between the Florida Gulf Coast
University Board of Trustees (FGCU) and the Collier County Board
of County Commissioners through January 24, 2025 and authorize the
Chairman to execute the agreement. (All Districts)
7) Recommendation to award Invitation to Bid #19-7651, International
Truck Parts, to Wallace International Trucks, Inc., for supply of
Original Equipment Manufacturer (“OEM”) and non-OEM parts to
maintain and repair the County’s International Truck fleet. (All
Districts)
8) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement. (All Districts)
9) Recommendation to approve the Administrative Reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval. (All Districts)
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve a refund to Benderson Properties, Inc.
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January 14, 2020
totaling $21,327.50 due to the removal of an Affordable Housing
Contribution commitment from the I75/Alligator Alley Commercial
Planned Unit Development, consistent with Board policy. (All
Districts, None)
2) 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)
3) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2019-20 Adopted Budget. (All Districts)
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence (All Districts)
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve and authorize the Chairman to sign an
Agreement authorizing the Collier County Sheriff’s Office to have
Traffic Control Jurisdiction over Private Roads within the Artesia
Naples subdivision. (District 1)
2) 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 November 28, 2019 and January 01, 2020 pursuant to
Florida Statute 136.06. (All Districts)
3) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of January 8,
2020. (All Districts)
K. COUNTY ATTORNEY
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January 14, 2020
1) Recommendation to reappoint two members to the Infrastructure
Surtax Citizen Oversight Committee. (All Districts)
2) Recommendation to reappoint two members to the Parks and
Recreation Advisory Board. (All Districts)
3) Recommendation to appoint a member to the Contractors Licensing
Board. (All Districts)
4) Recommendation to appoint a member to the Public Transit Advisory
Committee. (All Districts)
5) Recommendation to appoint a member to the Immokalee Local
Redevelopment Advisory Board. (District 5)
6) Recommendation to reappoint two members to the Ochopee Fire
District Advisory Committee (District 5)
7) Recommendation that the Board of County Commissioners authorize
the County Attorney to file a notice of claim to a portion of the
settlement funds in the class action lawsuit styled In re: Liquid
Aluminum Sulfate Antitrust Litigation, United States District Court,
District of New Jersey, Civil Action No. 2:16-md-02687 (MDL 2687),
against Defendants General Chemical Corporation, et al., arising from
alleged violations of federal antitrust laws relating to treatment
chemicals delivered to Collier County’s Public Utility Department
between January 1, 1997 through February 28, 2011, as well as
various other entities throughout the United States. (All Districts)
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17. SUMMARY AGENDA - This section is for advertised public hearings and must
meet the following criteria: 1) A recommendation for approval from staff; 2)
Unanimous recommendation for approval by the Collier County Planning
Commission or other authorizing agencies of all members present and voting; 3)
No written or oral objections to the item received by staff, the Collier County
Planning Commission, other authorizing agencies or the Board, prior to the
commencement of the BCC meeting on which the items are scheduled to be heard;
and 4) No individuals are registered to speak in opposition to the item. For those
items which are quasi-judicial in nature, all participants must be sworn in.
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January 14, 2020
A. 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
Ordinance amending Ordinance Number 2004-41, as amended, the Collier
County Land Development Code which includes the comprehensive zoning
regulations for the unincorporated area of Collier County, Florida by
amending the appropriate zoning atlas map or maps by changing the zoning
classification of the herein described real property from an Industrial (I)
zoning district to a Commercial Planned Unit Development (CPUD) zoning
district to allow 50,000 square feet of floor area for an automotive dealer, for
a 4.7+/- acre parcel to be known as the 3600 Radio Road CPUD, located just
east of the intersection of Airport-Pulling Road and Radio Road, in Section
1, Township 50 South, Range 25 East, Collier County, Florida; and by
providing an effective date. [PL20180002741] (District 4)
B. 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 clarify that the minimum floor area for
commercial uses, mixed-uses and apartments in the Bayshore Gateway
Triangle Redevelopment Area does not apply to guest rooms in hotels; 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 4.02.16 Design Standards for
Development in the Bayshore Gateway Triangle Redevelopment Area;
Section Four, Conflict and Severability; Section Five, Inclusion in the
Collier County Land Development Code; and Section Six, Effective Date.
(District 4)
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 an Ordinance
amending Ordinance Number 07-54, the Tree Farm Mixed-Use Planned
Unit Development (MPUD), to increase the maximum residential dwelling
units to 460 for a mix of housing types; to add 105,000 square feet of air-
conditioned indoor self-storage; to allow up to 140 hotel units; to allow up to
150 assisted living facility units; to reduce the commercial/office uses from
120,000 square feet to 80,000 square feet; by requiring that all uses are
Page 18
January 14, 2020
subject to a cap on traffic generation; by revising the development standards;
by amending the master plan and revising developer commitments. The
subject property is located at the intersection of Immokalee Road (CR 846)
and Collier Boulevard (CR 951), in Section 22, Township 48 South, Range
26 East, Collier County, Florida, consisting of 58.84± acres; and by
providing an effective date. [PL20180002194] (District 3)
D. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve a Resolution of the
Board of Zoning Appeals of Collier County, Florida providing for the
establishment of a conditional use to allow a private school and preschool
with child care services in the Agricultural (A) zoning district pursuant to
Sections 2.03.01.A.1.c.10 and 2.03.01.A.1.c.11 of the Collier County Land
Development Code, for 9± acres of a 15.97± acre parcel located on the south
side of Westclox Street, approximately half a mile west of Carson Road in
Immokalee, in Section 31, Township 46 South, Range 29 East, Collier
County, Florida. [PL20180002693] (District 5)
E. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2019-20 Adopted Budget. (All Districts)
F. Recommendation to approve an amendment to Ordinance No. 2018 -56,
which provided for the creation of the Golden Gate Economic Development
Zone, to raise the cap of the Trust Fund to $2,000,000, subject to
appropriation by the County. (District 3)
G. Recommendation to adopt an Ordinance amending Ordinances 2019-01, as
amended, The State of Florida Model Floodplain Management Ordinance
and, specifically subsection eleven (11)B; “Placement of Temporary
Emergency Housing within the Flood Hazard Area” and Ordinance 2006-35,
as amended, The Post- Disaster Recovery Ordinance, especially section
seven; “Determination of Damage, Buildback Policy, Moratoria, Emergency
Repairs, and Emergency Permitting System in order to allow additional time
extensions for the placement of temporary emergency housing; providing for
conflict and severability, the providing for inclusion into the Code of Laws
and Ordinances, and providing for an effective date. (All Districts)
18. ADJOURN
Page 19
January 14, 2020
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
January 14, 2020
Page 2
MR. OCHS: Ladies and gentlemen, if you'd please take
your seats. Thank you very much.
Mr. Chairman, you have a live mic.
CHAIRMAN McDANIEL: Good morning, everybody.
Happy New Year.
Let's go ahead and start with our invocation this morning.
Reverend Beverly, good morning. How are you?
Item #1A
INVOCATION GIVEN BY REVEREND BEVERLY DUNCAN OF
THE NAPLES UNITED CHURCH OF CHRIST
REVEREND DUNCAN: Good morning.
CHAIRMAN McDANIEL: Reverend Beverly Duncan of
the Naples United Church of Christ.
REVEREND DUNCAN: Creating God, it is a new year and
the beginning of new times in our lives, new challenges, new
horizons, new agendas. We trust and hope we will be wise and
generous and thoughtful and otherwise ready both for the ordinary
things ahead as well as the unforeseen, those surprises we can rejoice
in as well as those surprises that test us.
Christian scripture tells us that you, holy one, are all about
doing new things. So we ask you this day to freshly work your will
among us as servants to one another and workers where we are
needed, smile kindly on this deliberative body before us, these who
are entrusted with the welfare of the citizens of Collier County, give
them strength and fortitude as they plan, deliberate, and negotiate on
our behalf. May it be so. Amen.
CHAIRMAN McDANIEL: Very nice.
Commissioner Solis, will you lead us this morning, sir.
January 14, 2020
Page 3
COMMISSIONER SOLIS: I would be honored to.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN McDANIEL: When you come sliding in
sideways, you've got to get your stuff straightened out.
Okay. With that, we'll go with the agenda and ex parte and
such, so...
Item #2A
APPROVAL OF TODAY’S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA.) – ITEM #16D4 CONTINUED TO THE
JANUARY 28, 2020 BCC MEETING (PER COMMISSIONER
TAYLOR) – APPROVED AND/OR ADOPTED W/CHANGES
MR. OCHS: Thank you, Mr. Chairman. Good morning,
Commissioners.
These are the proposed agenda changes for the Board of County
Commissioners' meeting of January 14th, 2020.
The first proposed change is to move Item 16C3 from your
consent agenda to the County Manager's regular agenda. It will be
Item 11F. This is a discussion of the purchase and allocation of
bear-resistant solid waste containers. That item was moved at
Commissioner Saunders' request.
The next proposed change is to move Item 16D1 from
the consent agenda to become Item 16G under the County Manager's
agenda. This is a recommendation to increase pickleball membership
fees in our park system. This was moved at Commissioner Solis'
request.
The next proposed change is to continue Item 16E3 till the
January 14, 2020
Page 4
February 25th, 2020, BCC meeting, and we need to get this
application through one final review with your Emergency Medical
Authority, then we'll reschedule it for Board action.
The next proposed change is to withdraw Item 16E5. That will
be rescheduled. We're working with the Clerk on some modifications
on this award, and that will be back as soon as we have those
completed.
Thank you, Ms. Kinzel.
We have one agenda note, Commissioners. It has to do with
Item 16C4 on your consent agenda. This is a recommendation to
surplus some county-owned property. We have a change in the
minimum bid that we're recommending, to reduce it from the 126,583
to $111,500. That amount is the average of the two in-house
appraisals not including the Property Appraiser's listed land value,
and that's -- in talking to Real Estate Division, that really is a more
appropriate calculation for that minimum value.
And, finally, we have one time-certain item. That's
Item 11A. It's a discussion of the feasibility report on the potential of
a parking structure at Clam Pass Beach park. That item is scheduled
to be heard at 10 a.m.
Those are all the changes that I have, Mr. Chairman.
CHAIRMAN McDANIEL: Well, very good. Very good. If I
move through the balance of this, then we have to select
a new chair, so maybe I'll just stall. Did you -- does the County
Attorney -- do you have something, Jeffrey?
MR. KLATZKOW: No. But you can stall if you'd like.
COMMISSIONER TAYLOR: Say that again, would you,
Mr. Klatzkow? Would you like everybody again [sic]?
CHAIRMAN McDANIEL: Do what?
COMMISSIONER TAYLOR: I'm teasing you.
CHAIRMAN McDANIEL: Okay, okay, okay. Well,
January 14, 2020
Page 5
let's do the agenda and ex parte.
Commissioner Solis.
COMMISSIONER SOLIS: On the consent agenda, I
have -- no, actually, that's 9A. So on the consent agenda -- the only
thing on the summary agenda, actually, I had a discussion on 17C
with Mr. Yovanovich and Mr. Arnold.
MR. OCHS: Commissioner, excuse me. Could we get you
a little closer to your microphone. Thank you, sir.
COMMISSIONER SOLIS: Oh. Is this the right one?
CHAIRMAN McDANIEL: Yes, it is.
COMMISSIONER SOLIS: Yes. I apologize.
17C, I had a discussion with Mr. Yovanovich and
Mr. Arnold, as well as 17D. And other than that, I have no other
disclosures or changes.
CHAIRMAN McDANIEL: Outstanding.
Commissioner Fiala, good morning.
COMMISSIONER FIALA: Hi. I'm now opening my --
CHAIRMAN McDANIEL: Oh, you were. Okay.
COMMISSIONER FIALA: Okay. The only thing I have to
declare is on the summary agenda, and it's No. 17C, and I spoke with
Rich Yovanovich and Wayne Arnold.
CHAIRMAN McDANIEL: Well, there you are.
COMMISSIONER FIALA: No changes, no corrections, no
additions.
CHAIRMAN McDANIEL: Outstanding.
Commissioner Taylor?
COMMISSIONER TAYLOR: Yes. To -- with ex parte, I have
17 -- on the agenda would be 17C and 17D, a conversation with Rich
Yovanovich and Mr. Arnold in my office last week. And there's
nothing else except when we get to the advertised public hearings.
I would like -- Item 16D4, which is the collection management
January 14, 2020
Page 6
policy, I'd like that continued, please, to the next meeting. And I was
called by the Conservancy, Commissioner Saunders, also about this
"BearWise" issue, and I understand, unless there's something deeper
in this, it may be something that we could just amend what is before
us and, basically, it's just to make sure that the cans are offered to
folks who live in the most threatened areas but not just the first come,
first served.
But, sir, if you want to pull it for discussion, I'm very -- I'm
comfortable with it.
COMMISSIONER SAUNDERS: Yeah, it's already
been pulled for discussion. I think there may be some people that
may want to speak on it, so I'd like to just leave it the way it is. It
won't take long.
COMMISSIONER TAYLOR: All right. That's it right now.
Thank you.
CHAIRMAN McDANIEL: And you're okay with the
continuance on D4?
MR. OCHS: Sure. To the next meeting, ma'am, or --
COMMISSIONER TAYLOR: Yes, that --
CHAIRMAN McDANIEL: Okay. Commissioner
Saunders, good morning.
COMMISSIONER SAUNDERS: Good morning. I have –
and Happy New Year to everybody.
CHAIRMAN McDANIEL: As well.
COMMISSIONER SAUNDERS: I did have some
conversations concerning the Tree Farm Mixed-Use Planned Unit
Development, 17C and, other than that, I have no other disclosures
and have no changes to the agenda.
CHAIRMAN McDANIEL: Okay. And I, myself, also had
meetings and emails on 17C and in meetings on 17D, and no other
changes myself. So, with that, I'll take a motion for approval of our
January 14, 2020
Page 7
agenda as amended.
COMMISSIONER TAYLOR: So moved.
COMMISSIONER FIALA: Second.
CHAIRMAN McDANIEL: It's been moved and seconded
our agenda is approved as amended. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Now we go to the next.
Proposed Agenda Changes
Board of County Commissioners Meeting
January 14,2020
Move Item 16C3 to Item 11F: Recommendation to offer residents grant funded,curbside bear-
resistant solid waste containers,as defined in the adopted BearWise ordinance,at a subsidized cost
with deployment provided by Waste Management,Inc.,of Florida through a Memorandum of
Understanding. (Commissioner Saunders' request)
Move Item 16D1 to Item 11G: Recommendation to adopt a Resolution repealing all previous
resolutions to increase Pickleball membership fees and to establish a fee for non-residents in the
Collier County Parks and Recreation Division Facilities and Outdoor Areas License and Fee Policy.
(Commissioner Solis' request)
Continue Item 16E3 to the February 25,2020 BCC Meeting: Recommendation to approve a
Certificate of Public Convenience and Necessity for non-emergency inter-facility Basic Life Support
(BLS)ambulance transports to Care Med Transportation,LLC,for the purpose of providing post-
hospital and inter-facility medical ambulance transfer services. (Staffs request)
Withdraw Item 16E5: Recommendation to award Invitation to Bid#19-7652, Gillig Bus Parts,to
Gillig,LLC,for the supply of Original Equipment Manufacturer("OEM")and non-OEM parts to
maintain and repair the County's bus fleet. (Staffs request)
Note:
Item 16C4: Recommendation to surplus County-owned property located at 343 Saint
Andrews Boulevard,advertise the property for sale pursuant to the provisions outlined in
Section 125.35(1)(c),Florida Statutes,and set a minimum bid of$126,583$111,500.
Time Certain Items:
Item 11A to be heard at 10:00 a.m.
2/3/2020 4:25 PM
January 14, 2020
Page 8
Item #2B
SELECTION OF CHAIRMAN AND VICE-CHAIRMAN –
APPOINTING COMMISSIONER SAUNDERS AS CHAIRMAN
AND COMMISSIONER SOLIS AS VICE-CHAIRMAN –
APPROVED
MR. OCHS: Item 2B is a selection of the chairman and vice
chairman.
CHAIRMAN McDANIEL: I'm going -- I don't have anybody lit
up, so I'm going to take a motion.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SOLIS: I mean, I think our discussion had
been that we would rotate the chairmanship, so I would move for our
esteemed colleague, Commissioner Saunders, to be the next chairman
of the County Commission.
CHAIRMAN McDANIEL: And I'll second.
COMMISSIONER FIALA: Second.
CHAIRMAN McDANIEL: It's been seconded. I'll let --
Commissioner Fiala seconded the motion. So it's been moved and
seconded that Commissioner Saunders take on the -- will you accept
the position, sir?
COMMISSIONER SAUNDERS: Can we debate this a little?
CHAIRMAN McDANIEL: Yeah, we can. I got a quarter.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN McDANIEL: It's been moved and seconded. All
in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
January 14, 2020
Page 9
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
And the vice chair?
COMMISSIONER TAYLOR: I'd like to nominate
Commissioner Solis.
COMMISSIONER SAUNDERS: I'll second that.
CHAIRMAN McDANIEL: It's not his turn, is it?
COMMISSIONER TAYLOR: I think it is.
CHAIRMAN McDANIEL: I think it's yours.
COMMISSIONER TAYLOR: Uh-uh.
COMMISSIONER SAUNDERS: Mr. Chairman, I've got an
ordinance that I want to present to the County Commission that will
have a rotation.
CHAIRMAN McDANIEL: Are you going to do that in a year
or two? Because you've been talking about it for a while.
COMMISSIONER SAUNDERS: Yeah. Well, I wanted to wait
until after we got through all -- all five of us will have served.
COMMISSIONER TAYLOR: Until he was given the
chairmanship.
CHAIRMAN McDANIEL: Oh, you wanted to make sure.
COMMISSIONER SAUNDERS: Yeah. I didn't want it to look
like it was self-serving in any way.
CHAIRMAN McDANIEL: Fair enough.
COMMISSIONER SAUNDERS: All five of us have served as
chair. So what I would do is District 1, 2, 3, 4, and 5, we have a new
commissioner in District 1, so we would skip District 1, and so I
would second the nomination for Andy to be vice chair.
CHAIRMAN McDANIEL: Fair enough.
January 14, 2020
Page 10
COMMISSIONER SAUNDERS: And then District 3 would be
his vice chair.
CHAIRMAN McDANIEL: And I'm okay with all that. It's
been moved and seconded that Commissioner Solis serve as our vice
chair. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
MR. OCHS: Congratulations.
CHAIRMAN McDANIEL: With that.
(Applause.)
COMMISSIONER McDANIEL: I have to gather all my junk.
COMMISSIONER SOLIS: I'm glad that the whole tradition
that the guys with the white beards being on the end is going to
continue.
COMMISSIONER McDANIEL: I am announcing that mine's
not long for this role. Look at you. You fixing the name tags? All
right.
CHAIRMAN SAUNDERS: I'm going to need a quick lesson at
some point on how this works.
COMMISSIONER McDANIEL: Good luck.
CHAIRMAN SAUNDERS: Before we get into that, we do have
a plaque for Bill for his year of service as our chair. And the plaque
says, in grateful appreciation to William L. McDaniel, Jr.,
January 14, 2020
Page 11
Commissioner, for outstanding leadership as chairman of the Board
2019 presented by the Collier County Board of County
Commissioners, January 14, 2020.
And I'd like to present this. I know we're going to need to take
some photos. And I think we'll all have something nice to say about
you. So we'll take the photos and then talk about you a little bit.
(Applause.)
COMMISSIONER McDANIEL: Put the rose between two
thorns.
COMMISSIONER FIALA: I look kind of short next to him.
CHAIRMAN SAUNDERS: I said that I thought we would all
have something nice to say about Bill, but I was wrong.
COMMISSIONER McDANIEL: So we can move on.
CHAIRMAN SAUNDERS: Moving on to the next item. Andy,
you want to start? We'll --
COMMISSIONER SOLIS: I do. I'd be glad to. No. I would
like to congratulate Commissioner McDaniel on what a great job you
did as our chairman. We had a lot of very contentious and protracted,
to say the least, meetings on, you know, issues that a lot of people
were very passionate about, including the other four of us, and it was
a pleasure being on the Board with you, and I think the way you ran
the meetings and you maintained civility both with us and with the
public, it was just an incredible job, and I'm glad I served on the
commission while you were the chairman.
COMMISSIONER McDANIEL: Thank you, sir.
COMMISSIONER FIALA: Boy, that is beautiful. I wish I
could say the same things. All I can say is it's been a joy working
with him, it's been a lot of fun working with him, and thanks for
doing such a great job and making us look good.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Well, I'd like to talk to
January 14, 2020
Page 12
Commissioner Fiala when she retires this year because I want to hear
the dirt on him. She knew him, our former chair, when he was a little
boy. When he was very --
COMMISSIONER McDANIEL: Much young -- not a little
boy, but much younger. I grew up with two of Commissioner Fiala's
children, so...
COMMISSIONER TAYLOR: Okay. All right. Well, I heard
that -- I remember that right from -- and you called him Billy?
COMMISSIONER McDANIEL: Billy dear.
COMMISSIONER FIALA: Yeah.
COMMISSIONER TAYLOR: Billy dear, Billy dear. So at
the beginning when --
COMMISSIONER FIALA: Billy dear, behave yourself, you
know.
COMMISSIONER TAYLOR: When you served here -- when
you came in, I remember you speaking and saying that he was Billy
dear, and you had to stop yourself from saying it.
But, yeah, it's been a pleasure. You brought humor and grace
and elegance to this commission, and I really appreciate working
with you.
COMMISSIONER McDANIEL: Thank you very much.
CHAIRMAN SAUNDERS: And I'll add a couple of things.
When I ran for the County Commission, it seems like a long, long
time ago, one of the things that was pretty evident is that there was a
tremendous lack of civility on the Board. There was a lot of
litigation, a lot of argument between the Clerk's Office and the
county, a lot of argument amongst commissioners, a lot of 3-2 votes
that really were -- nothing wrong with a 3-2 vote, but there was a lot
of angry comments and things being made at board meetings, a lot of
it being directed at staff.
And one of the things that this board has been able to do,
January 14, 2020
Page 13
certainly for the last three years, is to eliminate all of that. As a
matter of fact, I had a great conversation with the Clerk yesterday and
this morning on some items that she was working on with the county.
We got all those resolved, thanks to our managers. Everybody's
working well together.
Commissioner McDaniel helped foster that during his one year
as chair, and I want to thank him for those efforts. We're going to
continue in that regard.
COMMISSIONER McDANIEL: Absolutely.
CHAIRMAN SAUNDERS: We're going to have 3-2 votes,
we're going to have arguments, we're going to disagree, but we're
always going to be agreeable with each other and with our staff,
because that's the only way good things get done .
So I want to thank you for your service. You did a great job as
chair. I learned a lot. I still need to learn a little bit more from you
on how to operate a couple of these things. So during the break I'll
get some lessons from you.
But you've been a great chair and have kept us on point and have
kept us civil. So thank you for that.
COMMISSIONER McDANIEL: Well, thank you.
And to you, thank you. I appreciate the very nice words. I can't
tell you how much of an honor it is for me to serve with you. And
with that, thank you. That's all.
CHAIRMAN SAUNDERS: All right. The next item for
conversation is the featured Artist of the Month. I did learn from Bill
that we should do that first as opposed to somewhere in the middle.
COMMISSIONER McDANIEL: Well, I had regularly forgotten
and toted it over here, so...
CHAIRMAN SAUNDERS: The featured Artist of the Month is
Collier County resident Paul Gower. Mr. Paul Gower is originally
from Troy, New York, and studied fine arts at State University of
January 14, 2020
Page 14
New York at Potsdam.
While Paul's original artwork is created with oil pastels,
graphite, and charcoal, he is also experienced in painting, print
making, sculpture, drawing, and ceramics. His work focuses on the
drawn line using mixed mediums. Paul has e xhibited his art in
multiple cities around the United States and also in Rome, Italy.
In addition, he is an active participant of the Naples Art
Association and United Arts Council of Collier County, and his work
is displayed in the back of the room. So I would encourage you to
enjoy Mr. Gower's artwork.
Item #2C
BOARD APPOINT ITS MEMBERS TO OFFICES OF THE
BOARD OF COUNTY COMMISSIONERS, THE COMMUNITY
REDEVELOPMENT AGENCY, THE TOURIST DEVELOPMENT
BOARD, THE COMMUNITY AND ECONOMIC
DEVELOPMENT BOARD, THE PUBLIC SAFETY
COORDINATING COUNCIL, AND THE SOUTHWEST
FLORIDA REGIONAL PLANNING COUNCIL, AND TO
AUTHORIZE THE NEW CHAIRS FOR BOTH THE BOARD OF
COUNTY COMMISSIONERS AND THE COMMUNITY
REDEVELOPMENT AGENCY TO EXECUTE ALL
DOCUMENTS APPROVED AT BOTH THIS MEETING AND
THOSE DOCUMENTS WHICH WERE PREVIOUSLY
APPROVED BUT ARE PENDING SIGNATURE – APPOINTING
COMMISSIONER FIALA AND COMMISSIONER MCDANIEL
AS CO-CHAIRS TO THE COMMUNITY REDEVELOPMENT
AGENCY – CONSENSUS; APPOINTING COMMISSIONER
SOLIS TO THE TOURIST DEVELOPMENT COUNCIL –
CONSENSUS; APPOINTING COMMISSIONER TAYLOR TO
January 14, 2020
Page 15
THE COMMUNITY AND ECONOMIC DEVELOPMENT BOARD
– CONSENSUS; APPOINTING COMMISSIONER SAUNDERS
TO THE PUBLIC SAFETY COORDINATING COUNCIL –
CONSENSUS; APPOINTING COMMISSIONER MCDANIEL
AND COMMISSIONER TAYLOR TO THE
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL –
CONSENSUS
Next item on our agenda is the appointment of members of the
Board to certain positions. Mr. Manager, would you walk us through
each of those, and we'll make those appointments. We'll try to make
appointments of folks that want to serve in those particular positions
if possible, and, if not, then we'll appoint some folks.
MR. OCHS: Very good. Thank you, Mr. Chairman.
Our first appointment will be for the chair of your Community
Redevelopment Agency. Historically, commissioners have appointed
co-chairs, since you have two redevelopment areas, but it's up to the
pleasure of the Board.
CHAIRMAN SAUNDERS: Okay.
MR. OCHS: Currently, I think Commissioner McDaniel and
Commissioner Fiala have co-chaired the Community Redevelopment
Agency Board.
CHAIRMAN SAUNDERS: I'll start out by asking both of them
if they would desire to continue in that capacity.
COMMISSIONER McDANIEL: Absolutely.
COMMISSIONER FIALA: Yes.
COMMISSIONER TAYLOR: I'd like to see that.
CHAIRMAN SAUNDERS: All right. So without any
objection, then, we'll have Commissioner Fiala and Commissioner
McDaniel serving on the Community Redevelopment Agency as
chair and vice chair.
January 14, 2020
Page 16
MR. OCHS: Thank you.
The next appointment would be for the chair of the Tourist
Development Board.
CHAIRMAN SAUNDERS: Okay. Commissioner Solis, you're
currently chair.
COMMISSIONER SOLIS: And I would like to continue in that
role. That's a fascinating position.
CHAIRMAN SAUNDERS: All right.
COMMISSIONER McDANIEL: Do you need a motion or --
CHAIRMAN SAUNDERS: No. We'll just see if there's any
objection. If anyone else wants to do that, then we'll have some
discussion. But if everyone's in agreement with that, then, without
objection, we'll have Commissioner Solis continue as the chair of the
Tourist Development Board.
MR. OCHS: Thank you.
The next appointment it to your Community and Economic
Development Board. Commissioner Taylor currently serves in that
role.
COMMISSIONER TAYLOR: And I'd like to continue if that's
in agreement.
COMMISSIONER McDANIEL: Happy with that.
CHAIRMAN SAUNDERS: Any objection to that?
(No response.)
CHAIRMAN SAUNDERS: Then we'll show Commissioner
Taylor serving on that board.
Public Safety Coordinating Council. I've been the appointee to
that, I believe, and I have no objection or problem with continuing
that unless somebody else wants that.
(No response.)
CHAIRMAN SAUNDERS: All right. We'll show that without
objection as well.
January 14, 2020
Page 17
Southwest Florida Regional Planning Council. I think we have
two members that are participating in that.
COMMISSIONER McDANIEL: I'd like to stay on, if I could.
CHAIRMAN SAUNDERS: All right. And who else is --
COMMISSIONER FIALA: Fine with me.
COMMISSIONER TAYLOR: I am.
CHAIRMAN SAUNDERS: So the both of you would --
COMMISSIONER TAYLOR: Yes.
CHAIRMAN SAUNDERS: Well, again, without objection,
we'll continue that appointment.
MR. OCHS: That's all we have, I believe, sir.
CHAIRMAN SAUNDERS: Okay.
MR. OCHS: That's excellent.
CHAIRMAN SAUNDERS: And, Mr. Manager, if we'll move
on to --
MR. OCHS: Thank you.
Item #2D
BCC REGULAR MEETING MINUTES FROM DECEMBER 10,
2019 – APPROVED AS PRESENTED
We'll move on to Item 2D then. That's the approval of the
Board of County Commissioners' meeting minutes from the
December 10th, 2019, meeting.
COMMISSIONER TAYLOR: So move.
COMMISSIONER SOLIS: Second.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SAUNDERS: We have a motion and second. All
in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
January 14, 2020
Page 18
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: Passes unanimously.
MR. OCHS: Thank you.
Item #3A1
AWARDS AND RECOGNITIONS – EMPLOYEE – 20 YEAR
ATTENDEES
That takes us to our service awards this morning. If the
commission would be kind enough to join us in front of the dais for
the awards.
Commissioners, we have several of our team members
celebrating significant amounts of years of service to county
government we'd like to recognize this morning. We'll begin by
recognizing three of our team members with 20 years of service in
county government.
The first from our Facilities Management Division is Mike
Levy. Mike.
(Applause.)
MR. OCHS: Congratulations, Mike.
Celebrating 20 years of service in our library system, Janet
Pereira. Janet.
(Applause.)
MR. OCHS: Thanks, Jan.
Celebrating 20 years of service with our Growth Management
January 14, 2020
Page 19
Division Operations and Regulatory Management Division, Consuela
Thomas.
(Applause.)
Item #3A2
AWARDS AND RECOGNITIONS – EMPLOYEE – 25 YEAR
ATTENDEES
MR. OCHS: Our next three team members are marking 25
years of service with county government, beginning with Osmin
Conde from Parks and Recreation. Osmin.
(Applause.)
MR. OCHS: Celebrating 25 years with our Emergency Medical
Services Department, Jonathan Harraden. Jonathan.
(Applause.)
COMMISSIONER McDANIEL: You didn't even call me and
tell me you were coming.
(Applause.)
MR. OCHS: Also celebrating 25 years of service with EMS,
Michele Williamson. Michele.
(Applause.)
Item #3A3
AWARDS AND RECOGNITIONS – EMPLOYEE – 30 YEAR
ATTENDEES
MR. OCHS: Commissioners, we have the honor of recognizing
two of our colleagues for 30 years of service with county government
this morning. The first from your Parks and Recreation Division,
January 14, 2020
Page 20
Irving Baez. Irving.
(Applause.)
MR. OCHS: All right, well done, buddy.
(Applause.)
MR. OCHS: Finally, celebrating 30 years of service with our
Utilities Finance section, Heather Sweet. Heather.
COMMISSIONER McDANIEL: So you are the one that calls
when my water bill's due.
(Applause.)
CHAIRMAN SAUNDERS: We are really blesse d to have
employees that stay as long as they do. I think it's a real compl iment
to our management. You do a great job, and I think the longevity of
our employees certainly shows that.
MR. OCHS: Thank you.
CHAIRMAN SAUNDERS: So thank you for that.
Item #3D1
EMPLOYEE OF THE YEAR – RECOGNIZING JOLEN
MAYBERRY, PUBLIC SERVICES DEPARTMENT, PARK
RANGER, AS THE 2019 EMPLOYEE OF THE YEAR –
PRESENTED
MR. OCHS: Commissioners, that takes us to Item 3D1. This is
a recommendation to recognize Jolen Mayberry, Public Services
Department park ranger, as the 2019 Employee of the Year. Jolen, if
you'd please step forward.
(Applause.)
COMMISSIONER FIALA: Congratulations. Such a nice
honor. You deserved it.
MR. OCHS: Jolen, get over there in the middle. You're going
January 14, 2020
Page 21
to get a nice photo. Stay right there. I'm going to tell the public a
little bit about what you've done this year to deserve such a great
award.
Commissioners, since 2003 Jolen has worked with the Parks and
Recreation Division as a park ranger covering the Immokalee area.
She patrols the park areas for compliance with county ordinances and
rules and policies. She helps maintain the parks by keeping the areas
clean, safe, and litter free. She also works to protect and maintain the
wildlife and the natural resources in our parks.
Jolen has served the community well by participating in a
number of annual events. She's a prominent fixture at events such as
the "School backpack giveaway" and "Christmas around the world"
and helps wherever she needs to help.
This past year, Jolen went above and beyond to assist members
of her community, particularly two times in one week. In the first
instance, while on patrol, she came upon a woman and her children at
the park who appeared to be living in their truck. She talked with the
woman and convinced her to follow her to the Friendship House to
get some assistance but first took them to a gas station and filled the
lady's truck with a full tank of gas.
Two days later, Jolen met an older gentleman and his grandkids
at the park. The kids said they were hungry, but the man said he
didn't have any money to buy them food. Jolen then drove them to
McDonald's and bought them all lunch.
Her selflessness, empathy, and desire to help the citizens in her
community are truly inspiring, and they are, among many other
things, the reasons why we are honored today to recognize Jolen
Mayberry, your park ranger, as the 2019 Employee of the Year.
Congratulations.
(Applause.)
January 14, 2020
Page 22
Item #4
PROCLAMATIONS – ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS – ADOPTED
MR. OCHS: Mr. Chairman, we move now to today's
proclamations.
Item #4A
PROCLAMATION DESIGNATING JANUARY 2020 AS HUMAN
TRAFFICKING AWARENESS MONTH IN COLLIER COUNTY –
ACCEPTED BY LINDA OBERHAUS, CHIEF EXECUTIVE
OFFICER, SHELTER FOR ABUSED WOMEN & CHILDREN,
DETECTIVE SERGEANT WADE WILLIAMS, AND
LIEUTENANT JASON WROBLESKI – ADOPTED
Item 4A is a proclamation designating January 2020 as Human
Trafficking Awareness Month in Collier County. To be accepted by
Linda Oberhaus, chief executive officer for the Shelter for Abused
Women and Children; Detective Sergeant Wade Williams; and
Lieutenant Jason Wrobleski. If you'd please step forward and receive
your proclamation.
(Applause.)
MS. OBERHAUS: Hi. Good morning.
For the record, I'm Linda Oberhaus, and I'm the CEO at the
Shelter for Abused Women and Children.
And I want to thank the County Commission for acknowledging
January as Human Trafficking Awareness Month. As you know, the
shelter has, in recent years, revised our vision and mission to include
human trafficking along with domestic violence in the work that we
January 14, 2020
Page 23
do to serve women and children and some men in our community.
A couple of points about human trafficking. It's known as the
third largest and fastest growing illegal business in the world,
following weapons and drug trafficking. Florida ranks third in the
nation for the number of calls to the Human Trafficking Hotline.
It's estimated that 83 percent of all human trafficking victims are
USA born victims, 50 percent of those trafficked are children, the
average age of a trafficking victim is 15, and it's estimated that over
70 percent of women and girls are now sold online. And so, you
know, this is a growing problem in our country and in our
community.
I really want to thank both the Collier County Sheriff's Office,
our law enforcement officials, and the Collier County public school
system in partnering with the Shelter to really address this issue.
I also want to mention that Florida recently passed a law, the
first in the nation, to provide human trafficking prevention education
in our schools for grades kindergarten through 12th. So this is really
phenomenal that Florida has done this.
And then, finally, I just want to mention that many of you know
that the shelter is in the middle of a capital campaign to build a
second shelter in Immokalee. It will be a 60-bed shelter. We're
really excited about it. We're just about finished. And we're
planning a grand opening in April. And so that's right around the
corner. We're going to have two wings for victims of domestic
violence residing in Immokalee, and then we'll have a specialized
wing for victims of human trafficking that are brought to us from the
Sheriff's Office throughout Collier County. So we're really excited
about that project.
Again, I'd just like to thank you all for your support.
COMMISSIONER McDANIEL: Can we tell anybody where it
is yet?
January 14, 2020
Page 24
MS. OBERHAUS: No. Actually, in Florida all domestic
violence centers are required to be undisclosed. So only you can
know, Commissioner McDaniel.
COMMISSIONER McDANIEL: I have the secret.
MS. OBERHAUS: Thank you.
CHAIRMAN SAUNDERS: Thank you.
(Applause.)
Item #4B
PROCLAMATION RECOGNIZING THE 23RD ANNUAL DR.
MARTIN LUTHER KING JR. PARADE & CELEBRATION TO
BE HELD ON MONDAY, JANUARY 20, 2020 – ACCEPTED BY
VINCENT AND DIANN KEEYS, HAROLD WEEKS, IRENE
WILLIAMS, DR. NEWTON, MARIA PIZARRO, AND LISSETT
DELAROSA – ADOPTED
MR. OCHS: Item 4B is a proclamation recognizing the 23rd
annual Dr. Martin Luther King Junior parade and celebration to be
held on Monday, January 20th, 2020. To be accepted this morning
by Vincent and Diann Keeys, Harold Weeks, Irene Williams,
Dr. Newton, Maria Pizarro, Lisset DeLaRosa, and Cliff Donenfeld.
If you'd please step forward and receive your proclamation.
(Applause.)
MR. OCHS: We've got to get you centered. We've got to get
you centered.
COMMISSIONER McDANIEL: That was four.
COMMISSIONER TAYLOR: No one's counting.
(Applause.)
COMMISSIONER FIALA: Thanks for cleaning that up.
MS. KEEYS: Good morning, everyone. Commissioners and
January 14, 2020
Page 25
ladies and gentlemen, I just want to let you know that everyone is
welcome to the parade, thanks to Commissioner Taylor. She sends
out a blast to invite everyone to walk in solidarity. It's all about
coming together and showing love for everyone.
It's just being close to each other. So I'm inviting everyone -- it's
actually -- the parade starts at 11:00. It's at Broad Street South and
Third Avenue. It goes down to Fifth and around to Eighth to
Cambier Park where at 12:00 we have a celebration. Sorry, I've got a
little cold. We have a celebration in the park from noon to 3:00, and
everyone is invited.
The vendors in the park -- we have food vendors and different
organizations. It's really great. So please come out on Monday, the
20th, this Monday coming up, from -- do you want to say something,
dear?
MR. KEEYS: And this year our grand marshal is --
MS. KEEYS: Darrell Greene.
MR. KEEYS: Darrell Greene from Fox 4.
MS. KEEYS: From Fox 4 News. He and his wife will be the
grand marshal and co-grand marshal.
So please come out. It's going to be a great celebration.
Thank you again, Commissioner Taylor, for all you do.
COMMISSIONER TAYLOR: Thank you.
(Applause.)
COMMISSIONER TAYLOR: We -- when I first was elected to
the commission, it was clear that there was a lot of rancor in the
world and certainly within our society as the United States of
America.
And so we started the solidarity walk, which shows that black
and white and yellow and brown, young and old can walk together.
And it's grown every year. So everyone is welcome. I guess you
gather about, what, 10:30ish? Yeah. But you can always kind of
January 14, 2020
Page 26
come in from the side streets, too. And we do leave promptly at
11:00. It's always a glorious day, and it's a wonderful walk. Thank
you.
MR. KEEYS: Thank you.
Item #4C
PROCLAMATION RECOGNIZING PELICAN WIRE AS
RECIPIENT OF THE WASTE REDUCTION AWARDS
PROGRAM (WRAP) AWARD, FOR CONTRIBUTING TO THE
GREATER GOOD OF COLLIER COUNTY BY ADVOCATING
THE "REDUCE, REUSE, RECYCLE" MESSAGE, THEREBY
HELPING TO PROLONG THE USABLE LIFE OF THE COLLIER
COUNTY LANDFILL. ACCEPTED BY TRENT DUNN AND
JANNA JUDD – ADOPTED
MR. OCHS: 4C is a proclamation recognizing Pelican Wire as a
recipient of the Waste Reduction Rewards Program for contributing
to the greater good of Collier County by advocating the reduce, reuse,
recycle message thereby helping to prolong the usable life of the
Collier County Landfill.
To be accepted by Trent Dunn and Janna Judd. If you'd please
step forward and be recognized.
Good morning.
CHAIRMAN SAUNDERS: If you'd like to say anything, go
ahead, feel free.
MR. DUNN: For the record, my name is Trent Dunn.
Just a quick comment. I didn't come prepared for any
comments, but I will just tell you Pelican Wire is an employee -owned
company, and the reason I say that is, that is also part of our approach
to what we've done with this recycling program, and I think the
January 14, 2020
Page 27
greater picture here is that, truth is, we all employee/owners of this
beautiful earth of ours. And while this may be the smallest drop in
the biggest bucket, if we could all just own our drops and work on the
bucket together, we'd probably actually make some progress.
CHAIRMAN SAUNDERS: Congratulations. Thank you.
COMMISSIONER McDANIEL: Did somebody write that
down?
CHAIRMAN SAUNDERS: We need a motion to approve the
proclamations.
COMMISSIONER McDANIEL: So moved.
COMMISSIONER TAYLOR: Second.
CHAIRMAN SAUNDERS: We have a motion and a seconder.
All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: It passes unanimously.
Mr. Manager?
MR. OCHS: Thank you, sir.
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR JANUARY 2020 TO THEATREZONE –
ACCEPTED BY MARK DANNI, ARTISTIC DIRECTOR, AND
KAREN MOLNAR DANNI, MANAGING DIRECTOR. ALSO
ATTENDING IS BETHANY SAWYER REPRESENTING THE
GREATER NAPLES CHAMBER OF COMMERCE –
PRESENTED
January 14, 2020
Page 28
That moves us to Item 5A. This is a presentation of the Collier
County Business of the Month for January 2020 to the TheaterZone.
To be accepted by Mark Danni, artistic director, and Karen Molnar
Danni, the managing director. Also in attendance, Bethany Sawyer
representing the Greater Naples Chamber of Commerce. If you'd
please step forward and receive your award.
COMMISSIONER TAYLOR: We have to stage this.
MR. DANNI: For the record, my name is Mark Danni,
founding artistic director of TheaterZone. Thank you all so much for
this "wonderful honor." We have been proud to present professional
live musical theater in Collier County for 15 years now.
We both came from New York City. We are in residence at the
G&L Theater, which is on the campus at the Community School. We
employ professional actors from all over the country. Amazing
professional actors that have chosen to live in the great state o f
Florida for the wonderful weather, and many professional actors that
also live in Collier County.
We also employ some amazing musicians that live in this area
who play in our orchestras for all our shows. We're also very proud
to have been working very closely to provide workforce experience
for students who are pursuing this as a career. We work not only
with high school students in the area, but very closely with Florida
Gulf Coast University and their students.
We're thrilled to be here, and this community has been so
supportive of the arts, and we thank you for this honor.
(Applause.)
COMMISSIONER TAYLOR: Mark, great writeup in the
newspaper --
MR. DANNI: Thank you.
COMMISSIONER TAYLOR: -- this week. Great writeup.
January 14, 2020
Page 29
MR. DANNI: Thank you very much.
COMMISSIONER TAYLOR: You've got to plug it. What's
showing now?
MR. DANNI: Right now through Sunday we are doing Leonard
Bernstein's "Wonderful Town," and then we have a whole season for
you. So please come see us at the TheaterZone.
Item #6A
PUBLIC PETITION REQUEST BY DARYL FIENE FOR
KATHRYN LEONARD AND ROYAL ARMS EXTENSION
CONDO ASSOCIATION REGARDING THE CLOSING OF
PRIVATELY-OWNED GEORGETOWN BOULEVARD –
PRESENTED
MR. OCHS: Mr. Chairman, that takes us to Item 6A on your
agenda this morning. It's a public petition request by Mr. Daryl Fiene
for Kathryn Leonard and the Royal Arms Extension Condominium
Association regarding the closing of privately -owned Georgetown
Boulevard.
And the petitioner, under your rules, as a reminder, sir, has up to
10 minutes to make their petition.
CHAIRMAN SAUNDERS: All right. And just for your
information, we generally do not engage in conversation concerning
these petitions. We may make a decision to bring it back. But if you
hear no conversation, that's generally our procedure.
MR. FIENE: Okay. For the record, my name is Daryl Fiene.
I'm the board president at the Royal Arms Extension Condominium
Association.
We had submitted a packet, and I don't know if you've all
received it. It contained the research that we hired two different real
January 14, 2020
Page 30
estate attorneys to do, pulled title, and established that there was no
easement between the two properties.
Our request is to close the private drive between our property
and the association behind us to reduce traffic and increase our safety
and increase the quiet inhabitability of our community.
The road was closed from 1994 until 2006 without incident,
without any problems from EMT reaching either community. Both
communities have private access from Sandpiper and Palm Street,
respectively.
All the other communities in the area were developed by George
Forton, all of which only have one means of egress and ingress. Ours
is the only one where you're allowed to drive through. So we have
requested that the road be closed.
The County Commissioner -- or the county development
community is stating that we need to do a Site Development Plan
because this is going to substantially affect traffic flow, volume, and
pattern. It will not. It did not before. These are well-established
communities. They were developed in the '80s. There is no way that
anything can be developed or changed there.
So we are requesting the assistance and approval from the
County Commissioners to be able to re-close our private drive
without the required Site Development Plan. Because as stated in the
response from Mark Strain, initially he said it was a lot -line dispute
and the county should not get involved. That has since changed, and
they're requiring a Site Development Plan, which we have been
quoted anywhere from 10- to $25,000 to perform, which seems
absurd. This is a lot line and a private driveway. So that's my
petition.
CHAIRMAN SAUNDERS: Any questions or comments from
the --
COMMISSIONER McDANIEL: I do have one question.
January 14, 2020
Page 31
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Did I hear you say that the --
this was a private roadway that was opened by the county traffic ops?
MR. FIENE: No, it was not. We voluntarily reopened it.
COMMISSIONER McDANIEL: Okay.
MR. FIENE: The association behind us filed a writ of replevin
and, according to our attorney, that has nothing to do with real estate.
A writ of replevin is a demand for the return of private property. Our
road is not their private property , or our drive is not their private
property.
CHAIRMAN SAUNDERS: All right. Any further comments?
COMMISSIONER TAYLOR: Am I incorrect, Mr. Klatzkow,
when I listen to this, this is a neighborhood-to-neighborhood dispute?
MR. KLATZKOW: That's our feeling. When I say "our," staff
and my office reviewed it. And staff was concerned about this, and
our office concurred with the -- with staff. We thought this was a
private dispute.
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: Yeah. How do they resolve it
then?
MR. KLATZKOW: My recommendation is to go -- if you think
you can close the road, get a court order and close the road. Right
now the people in the other community have no notice of this.
MR. FIENE: That's not the case. We did notice them. And
Peck & Peck responded to our attorney's notice. They stated that
they had no record of the road having ever been closed, and the only
thing they could cite, that they had open, notorious use for 20 years,
consecutive years, which is not true.
MR. KLATZKOW: Which is a prescriptive easement, which is
another concern that we have.
MR. FIENE: But it doesn't meet the guideline of a prescriptive
January 14, 2020
Page 32
easement. It was never opened for 20 continuous years. The 20
years were broken --
CHAIRMAN SAUNDERS: We're not in a position --
MR. FIENE: Oh, I'm sorry.
CHAIRMAN SAUNDERS: We're not in a position to
determine whether there's a restrictive easement.
MR. FIENE: Well, I just didn't know --
CHAIRMAN SAUNDERS: I understand. I understand.
MR. FIENE: If you didn't know the background.
CHAIRMAN SAUNDERS: Are there any further comments or
questions from the commission? If not, thank you. We'll move on.
MR. FIENE: Thank you for your time. I appreciate it.
CHAIRMAN SAUNDERS: We have about seven minutes
before the time-certain item, so let's get through a couple of these.
MR. OCHS: Sir, would you like to take your Item 7 at this
point, your public comments, and move that?
CHAIRMAN SAUNDERS: All right. Let's do that.
MR. MILLER: We've no registered speakers for public
comment.
MR. OCHS: Thank you, Troy. That will take care of that.
CHAIRMAN SAUNDERS: That was quick. Pick another item
or two, and we'll get through a couple.
Item #11C
RECOMMENDATION TO ENTER INTO A DONATION
AGREEMENT WITH COMMUNITY FOUNDATION OF
COLLIER COUNTY, INC., TO ACCEPT A SCULPTURE TO BE
PLACED IN THE PUBLIC RIGHT-OF-WAY ON COLLIER
BOULEVARD AT TAMIAMI TRAIL EAST AND AGREE TO
THE MAINTENANCE OF THE SCULPTURE IN PERPETUITY –
January 14, 2020
Page 33
APPROVED
MR. OCHS: Okay. Let's move to Item 11C, then,
Mr. Chairman. That's a recommendation to enter into a donation
agreement with the Community Foundation of Collier County to
accept the sculpture to be placed in the public right -of-way at Collier
Boulevard and Tamiami Trail East and agree to the maintenance of
the sculpture in perpetuity.
CHAIRMAN SAUNDERS: Commissioner Fiala, this has been
your item, so do you have any comments or recommendations?
COMMISSIONER FIALA: No. I'd be happy to tell anybody
anything about it. But it's a good deal, and it's not costing us any
money. But it's going to give us our first public art, so to speak.
Commissioner Taylor is going to take over all the arts stuff, or most
of the art stuff from here on in, but this happened before she was in
charge of that, so -- well, yeah, you're the best one, you know.
You're --
COMMISSIONER TAYLOR: Well -- but, you know, what I
was impressed with, when I read the agenda is, you know, number
one, when it's public art, there's credentials. There's clearly an
education and a resume behind the artist. So that was -- that very
critical in all of this.
COMMISSIONER FIALA: Great.
CHAIRMAN SAUNDERS: Do we have any registered
speakers?
MR. MILLER: No, sir, not for this item.
COMMISSIONER TAYLOR: I do have a question.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Just one question about
insurance. I didn't see insurance here. I saw the installation costs,
but I didn't see insurance.
January 14, 2020
Page 34
MR. CASALANGUIDA: Part of the items that go in our
right-of-way, it goes to Jeff Walker's shop, and then things in our
right-of-way are insured.
COMMISSIONER TAYLOR: Thank you.
COMMISSIONER FIALA: So then I'd like to make a motion to
approve.
CHAIRMAN SAUNDERS: Hang on one second.
Commissioner McDaniel.
COMMISSIONER McDANIEL: I just had a question. Do
we still have the miniature of this that was brought –
COMMISSIONER FIALA: Yes.
COMMISSIONER McDANIEL: -- up back in the day? Maybe
we can get that out a little bit sometime before the lunch break or
something if it's still on site. I remember we brought one -- or they --
whoever it was, they brought a miniature of it and we --
COMMISSIONER FIALA: I have an exact replica of it.
COMMISSIONER McDANIEL: Yes, I'd like to see that again,
so...
COMMISSIONER FIALA: Good.
CHAIRMAN SAUNDERS: Commissioner Fiala, if you'd like
to make a motion.
COMMISSIONER FIALA: Yes, I would. Thank you very
much. I'd like to make a motion to approve.
CHAIRMAN SAUNDERS: Is there a second?
COMMISSIONER TAYLOR: Second.
COMMISSIONER McDANIEL: I'll second. Third.
CHAIRMAN SAUNDERS: Commissioner McDaniel
seconded.
All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
January 14, 2020
Page 35
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: Passes unanimously.
I think we have time for another item, there.
Item #11D
RESOLUTION 2020-15: A RESOLUTION SUPERSEDING
RESOLUTION NO. 2008-387 AND AUTHORIZING THE
ACQUISITION BY GIFT OR PURCHASE OF FEE SIMPLE
PARCELS AND EASEMENTS NECESSARY FOR THE
CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY
IMPROVEMENTS REQUIRED FOR THE EXPANSION AND
EXTENSION OF VANDERBILT BEACH ROAD FROM
COLLIER BOULEVARD TO 16TH STREET NE AND MASSEY
STREET FROM VANDERBILT BEACH ROAD TO SOUTH OF
MOCKINGBIRD DRIVE – ADOPTED
MR. OCHS: Yes, sir.
11D is a recommendation to adopt a resolution and
authorize the acquisition by gift or purchase of fee simple parcels and
easements necessary for the construction of roadway, drainage, and
utility improvements required for the expansion and extension of
Vanderbilt Beach Road and Massey Street.
Mr. Ahmad is available to make a presentation or respond to
questions from the Board. I know you're very familiar with the
project.
CHAIRMAN SAUNDERS: Are there questions from the Board
January 14, 2020
Page 36
for our staff on this item?
COMMISSIONER SOLIS: Motion to approve.
COMMISSIONER FIALA: And I'll second that motion.
CHAIRMAN SAUNDERS: Okay. Hang on just a second.
Any registered speakers?
MR. MILLER: No, sir. Not for this item.
CHAIRMAN SAUNDERS: We have a motion by
Commissioner Solis, second by Commissioner Fiala.
Any discussion?
(No response.)
CHAIRMAN SAUNDERS: All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: It passes unanimously.
COMMISSIONER McDANIEL: Great presentation.
MR. OCHS: Thank you, Commissioners.
Item #11E
AWARDING OF INVITATION TO BID #19-7666, “NEW
TAMIAMI WELL #39” TO MITCHELL & STARK
CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF
$1,116,994, AND AUTHORIZE THE CHAIRMAN TO SIGN THE
ATTACHED AGREEMENT – APPROVED
We'll move to Item 11E. This is a recommendation
January 14, 2020
Page 37
to approve the award of a contract for a new Tamiami Wellfield
No. 39 to Mitchell & Stark Construction company in the amount of
$1,116,994, and authorize the chairman to sign the contract.
CHAIRMAN SAUNDERS: All right. Commissioner Taylor.
COMMISSIONER TAYLOR: I just have one question. And
the existing older wells are nearing their end of their useful life. How
do we know? What does that mean?
MR. CHMELIK: Tom Chmelik --
COMMISSIONER TAYLOR: That's two questions.
MR. CHMELIK: -- Public Utilities.
We know because of periodic testing. All the wells are cycled
and drawn, and we know that the capacity diminishes over time. We
do recondition those wells periodically to gain some of that capacity
back, but eventually it gets to a point where it's not as efficient, and
it's better to have a new well and gain that capacity back.
COMMISSIONER TAYLOR: So is it salt water that comes up
with the water or just not as much water?
MR. CHMELIK: Not as much water or a lot of sand.
COMMISSIONER TAYLOR: Okay. Thank you very much.
MR. CHMELIK: Very good.
COMMISSIONER TAYLOR: I'd like to move approval.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SAUNDERS: We have a motion and a second.
Any further discussion?
(No response.)
CHAIRMAN SAUNDERS: All in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
January 14, 2020
Page 38
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: Passes unanimously.
Item #11A
RECOMMENDATION TO ACCEPT THE CONSULTANT’S
REPORT ON THE FEASIBILITY OF CONSTRUCTING A
PARKING STRUCTURE AT CLAM PASS BEACH PARK;
DEFER DEVELOPMENT OF A PARKING STRUCTURE AT
THIS TIME; PURSUE ALTERNATIVE METHODS FOR BEACH
ACCESS AND IMPLEMENT PLANNED IMPROVEMENTS TO
UNDERUTILIZED SECTIONS OF THE PUBLIC BEACH AT
CLAM PASS PARK – MOTION TO ACCEPT THE REPORT,
OMIT CONSIDERATION OF A PARKING GARAGE AND
CONTINUE TO LOOK FOR ALTERNATIVES – APPROVED
Mr. Manager, I think we can move over to 11A and ask the
people, as they're coming to the podium, to come slowly.
MR. OCHS: Okay. Yes, sir. This is Item 11A on today's
agenda. It's a recommendation to accept the consultant's report on
the feasibility of constructing a parking structure at the Clam Pass
Beach Park; to defer development of the parking structure at this
time; to pursue alternative measures of beach access; and implement
planned improvements to the underutilized sections of the public
beach at Clam Pass Park.
Mr. Barry Williams, your director of Parks and Recreation, will
begin today's presentation.
MR. MILLER: And, Mr. Chairman, we have seven registered
speakers for this item.
CHAIRMAN SAUNDERS: Thank you.
January 14, 2020
Page 39
MR. WILLIAMS: Mr. Chairman, Commissioners, Barry
Williams, Parks and Recreation director.
I just wanted to start, I guess, the presentation with a photograph
of the area in question. And as you're familiar with Clam Pass Park,
you're familiar that this is one of the largest county beach parks in our
inventory.
We have several beach parks throughout the county: Tigertail in
Marco, Barefoot Beach, Vanderbilt Beach.
And so in this particular instance, we own from the concession
stand south about 3,000 linear feet of beach. And what's unique
about this beachfront property in particular is a series of trails that
exist currently in the beach park. And you have trails that go to the
north to the pass.
And you also have a trail system that goes south. And we
currently work with the Conservancy as part of a volunteer group that
work with us in keeping those trails clean and clear, but what's not
known about these trails often is the access that we have.
But I wanted to make mention of that just in the beginning of the
presentation and kind of frame the conversation of why we're looking
at this particular beach park as a possible expansion.
The other thing I wanted to let you know is with this beach park
in particular, the Tourist Development Council and the Board ha ve
appropriated funds for us to continue to improve this facility.
Recently, the parking area and the wall bordering our neighbors to
the south was installed. We have plans this summer to expand the
restrooms at the concession area. Just the number of people that are
going there now, we see the need for that.
And we're also doing a makeover of the boardwalk, the point --
six-tenths of a mile boardwalk, and so all those improvements are
coming as well this summer.
So just a couple of more photos of the park itself. You can see
January 14, 2020
Page 40
the expanse to the pass and our property as -- you know, one thing
that's significant about these photos is this is the results of recent
beach renourishment that was complete by Coastal Zone. About a
million dollars spent to re-nourish this beach. It's a challenging
beach to re-nourish, we'll give you that, but it's certainly one that, you
know, turned out beautiful with Mr. McAlpin's work.
One last photo, just to share with that aspect. Just a couple
things about your beach park facilities in terms of looking at your
numbers, and what we've seen as part of the AUIR and part of the
master plan is an increase in the numbers of people who are using our
beach parks. This is borne not only from the fact that more people
are moving to Collier County but also in the increase in tourism. And
you can see a characterization of kind of the current utilization of
your beach parks.
One of the things that's significant -- and Clam Pass is not
necessarily our most utilized beach park. A lot of questions about
why that might be. It could be people don't want to take the trolley
ride, you know, that the Naples Grande provides. They want a closer
access to the beach. But you can see that Vanderbilt Beach,
interestingly, we only have a 60-foot easement for the beach, but
that's our most heavily used beach.
So part of what we're looking at is how we can use our beach
parks more efficiently, how we spread people throughout the beach
parks; encourage people to use the beach parks. So, agai n, this is just
a slide that shares with you, kind of, the current utilization.
One more slide I wanted to share with you, and then what I'd
like to do is to turn the podium over to the consultants that we hired
that looked at the question of increased par king at Clam Pass and let
them talk to you a little bit about what the parameters of that would
look like.
Mr. Delate, Mike Delate, is here with Q. Grady Minor. He'll be
January 14, 2020
Page 41
providing that presentation along with Norm Trebilcock who did the
transportation analysis related to that.
But in terms of the current days of capacity, again, you can see a
couple of trends here. Surprisingly, the most -- the beach park that
closes the most frequently is our smallest one at Marco Island at
South Beach, and maybe not surprising. But that gets the most time
where we have to actually close the park and not allow anybody else
to get into the park until, you know, traffic subsides.
You can see throughout -- our next example is Barefoot Beach,
Vanderbilt Beach, North Gulf Shore Access, Barefoot Beach
Preserves, and then Clam Pass Park. And so Clam Pass Park in terms
of the number of times that we close, we do have an attendant that is
on site most days and tracks the number of times that we have to
close. The closures tend to occur typically between the hours of 10
and 2 and typically during peak season. Peak season includes also
our holidays, our weekends in the summer in particular. So those are
the types of times when these beach park facilities become -- reach
capacity. So in looking at this slide, I know part of the question and
part of the discussion that we heard was is there a need to expand
parking at Clam Pass given the fact that there's -- it doesn't reach the
capacity? Which we think is a valid question f or people to ask in
terms of us expanding. And we want to provide some
recommendations about alternatives to that in the last of the
presentation.
But with that, let me stop and turn over the mic to Mr. Delate to
talk to you a little bit about the question of the feasibility of the
parking garage. So I'll turn the slide to you, Mike.
MR. DELATE: Good morning. For the record, I'm Mike
Delate with Grady Minor Engineers. Good morning, Commissioners.
As Mr. Williams indicated, we were charged with finding the
technical feasibility of constructing the garage on this site and not
January 14, 2020
Page 42
necessarily looking at the human level, which is obviously a big
concern here, but just from a technical point of view. So I'll present
that today, and Barry can continue on with the human point of view.
So the first step we took on this was hiring a garage consultant;
in fact, that consultant that worked on the Vanderbilt Beach garage,
which I'm sure you're all familiar with. And then our concern was
not impacting the surrounding environment, the natural environment.
So we utilized the existing footprint on this site, and working
with the garage consultant, developed a footprint over the existing
impervious area you can see there. On the north side on the side
facing toward the beach area, that would be the ramp entering the
project -- entering the garage, and in the front side, that's a circular
turnaround for fire access, drop off, and gating.
So what we had determined with the garage consultant is that
given the number of -- level of stories that you could have here, that
we fit approximately 300 to 400 vehicles within the garage depending
on how -- if there's going to be extra storage or not.
So based on that analysis, we then started looking at -- flip
here -- some scenarios on massing because, obviously, a building of
that size would have an impact on the surrounding area and how it
would fit in there on a vertical scale.
This view is from the hotel to the north, the Naples Grande. It
kind of gives you an idea of the scale of the building, once it's put in
a 3D level. The garage size is pretty similar to -- that you would find
in the garages in downtown Naples, also over at Waterside Shops.
Another view from the south from the Seagate area. Kind of
gives an idea. Some of those trees were prior to Irma in that view
there, but it gives you an idea of the scale compared to the hotel and
the surrounding condominiums.
And then, finally, a ground shot from the adjoining subdivision.
Obviously, the number of levels was not finally determined, as we
January 14, 2020
Page 43
went through this feasibility, but this was the maximization of the
garage, an approximate 42-foot height, and then trellising on top.
We then looked at, obviously, traffic, which was a major
concern in the area. You're all familiar, I'm sure, with the
intersection there, which is confusing with Crayton Drive and
Seagate Drive with the number of stop signs and yielding conditions.
So we worked with traffic consultant Norm Trebilcock here and came
up with a scenario where we looked at the existing conditions, level
of service. The level of service right now is at an acceptable level of
service under the existing stop conditions and yield conditions.
And then we -- Norm projected out under the proposed
conditions with the garage in place. And even with the garage there,
the level of service as you would calculate it is still acceptable.
However, from a function point of view, the intersection is not
conducive to pushing a lot of traffic through. Norm's team came up
with an idea of a double roundabout here, which is used in other
communities. This would be used for the Seagate Drive entrance,
which is farther to the west, and then the Crayton Drive entrance,
which is right here in the foreground.
This was just a proposal to staff. There were other options that
we had proposed as well, but this was just one of the scenarios of
helping move traffic more smoothly through the intersections with
tourists and other individuals.
The result of our analysis was that the garage is, from a
technical point of view -- I'm talking about environmental, water
management, fire protection, that type of thing. From that feasibility,
it is a feasible project to construct.
There are zoning and deed-restriction matters that needed to be
addressed, and Barry's going to take us through that. We started that
initiation with the Pelican Bay Foundation and then subsequently at
other meetings with other groups, and Barry will take it from there.
January 14, 2020
Page 44
MR. WILLIAMS: Mike, thank you.
Just to continue, Commissioners -- and, again, in part of the
direction that we received is in terms of vetting this idea is to look at,
you know, having conversations certainly with the Pelican Bay
Foundation Board. You know, the covenants require any
improvements at this particular location to be conceptually approved
by them and various steps as anything is constructed.
So in our preliminary discussions with the Pelican Bay
Foundation Board, you know, they gave us a lot of good input in
terms of what might make sense in looking at a variety of things.
So you can see the number of times that we did go to them.
They did workshop this question in one of our visits, which was very
fruitful. They asked, you know, us to look at several things, and
there's, perhaps, several things you'll hear this morning about, you
know, this concept and how it might relate either through the addition
of parking or additional people that might use this park.
But there were concerns -- there is a large shorebird population
that is nesting on the northern portion of the park, and that's a
concern that was expressed.
Obviously, the traffic concerns, the area that Mike talked about,
the roundabouts were meant to improve that. The current
intersection's failing, so, you know, the thought is to try to improve
that area with the roundabouts.
There was concern about the tram traffic. Simply, you get
people at the park. You know, how are you going to get them down
the boardwalk, and do you have enough trams to do that? So that
was identified as well.
And then moving people down the beach. Why I showed you
this 3,000 lineal feet, the question is, will people venture down that
far? Will they go that way? So this was another one of their issues.
Coastal hardening concerns. Just the whole resiliency, dune
January 14, 2020
Page 45
resiliency, whether, you know, use of the trail system is going to
somehow damage that.
Dredge access to Clam Pass Bay. Pelican Bay Foundation has
the need to be in the bay from time to time, and the equipment that
they use, the concern was whether the parking garage would impede
that.
And then the thing that was consistent with your direction is
make sure you talk to the neighbors, and, indeed, we did talk to
neighbors about the idea and got their suggestions. And then, finally,
environmental factors.
So with that, I did want to share with you we did meet with a
variety of groups over the last year or so -- these are some of them --
in talking to them about the idea. We've got a lot of good comments
from them in terms of alternatives. And I want to share some of
those with you as well.
The suggestions that we heard, the one suggestion that we are
actively exploring is looking at off-site parking. Is there any way to
park people east and get them to the beach in some other mechanism?
And, certainly, we're working with CAT now, both with the bus
system that takes people to the beach in the current bus route but also
the beach circulator that's funded through TDC to help bring people
to the beach from off site. So we're definitely looking at that as an
option.
There was a suggestion that the time wasn't right. You know, in
terms of the slide that I shared with you on capacity, it didn't seem to
suggest to people that we had reached that threshold of crisis. The
only thing I would want to caution, again, in terms of planning for
any type increasing beach capacity is you don't want to wait until you
have a problem. You want to plan for the future. And part of the
conversation we're having is, is how can we plan for the future
growth in both the residents and visitors? But with that, the thought
January 14, 2020
Page 46
was, wait until you have a better sense of whether the numbers justify
adding capacity.
A couple other things. You know, one interesting concept was
to acknowledge that the beach is a limited resource, that maybe not
everybody can get to the beach at the same time; that you don't
necessarily have to have more parking than what's needed; that, you
know, people will understand that there are times you don't go to the
beach and, obviously, if you live here locally, you know, there are
certain times that you do avoid the beach.
Along those lines, there was a suggestion that came out of
private sector. If you go to the movies on Sunday for the matinee,
you're going to pay less than if you go Saturday night. So the
concept of dynamic pricing. Perhaps looking at this prime time from
10 to 2 at a different price point than, say, the off hours when people
aren't looking at going to the beach, that look at that concept as the
possibility of spreading people's experiences at the beach locations.
There were other suggestions that were given to me that I can't
repeat, but these were the good suggestions that I did want to
acknowledge.
Some other concepts to consider. Again, the CAT beach
circulator. There is the concept of looking at off-site parking. We
are exploring a couple of things. Mr. Carnell and myself are talking
to the owners of the Pewter Mug. There's the concept of a water-taxi
system that we've seen in Florida where if you can get people off site
that -- along the coastline to the beach, and a water-taxi company on
41 takes people to Barefoot and Delnor-Wiggins currently. And so
looking at alternate ways for using that off-site parking to get people
to the beach and not necessarily overdevelop next to the coast, so
that's a concept.
The Bluebill parking structure. Again, we have been looking at
parking structures throughout our beach park locations and have been
January 14, 2020
Page 47
met with concerns. We've looked at -- all of our beach park
locations, and there are limitations to our ability to do parking. We
have looked at a concept along Connor Park about the potential of a
parking structure there, but we think that we might also be met with
some concerns with that.
There's also the discussion of working with the state park
system, and the state park system, if you're familiar with that
location, they do, in their boat ramp area, have a parking area. We
have talked to the director of Florida Parks and Rec about the concept
of a parking garage there.
We've had some good conversations about capacity. There is a
realization that capacity on your beach parks with the number of
people moving to Florida, the old mentality of capacity probably is
not going to continue to work, and so the State is also looking at
defining capacity a little differently. So they were open to the
conversation about expanding parking there, but that's another option.
Again, the off-site parking with leased land from commercial
entities. You know, anywhere in that area where we could convince
somebody to work with us on that, you know, is an idea, suggestion.
So I wanted to mention those concepts.
As you're aware, this was a slide that we vowed never to bring
forward again, but this was the concept that related to a boardwalk,
and we did want to mention that. The boardwalk would have Y'd
from the current existing boardwalk and taken us down there.
But what we're looking for, in terms of a recommendation for
improvements in your consideration, is the concept of opening up the
southern trail system. Again, the southern trail system is open.
What's not known by many people is that it exists. And so the
concept is to try to develop that, to encourage access for that
beachfront that we have.
There's a concept that we're bringing forward that -- in the 1980s
January 14, 2020
Page 48
this was established and many of you who've walked the beach will
remember dune walkovers that existed at that location. Those
deteriorated and were removed, but there was a concept to develop
that southern boardwalk -- or southern, rather, trail system.
And, again, if you're familiar with Delnor-Wiggins State Park,
the trail system there, they have picnic tables, grills, and those type of
amenities. So the concept is to develop those type of amenities on
that southern portion, look at a dune crossover system that had
already been permitted and installed, to return those and encourage
people to use that portion of the beach.
Again, you're looking at -- one other aspect of this that I do want
to make mention of is looking at the shorebird management. And,
again, it's important from us for parks to be respectful of the
shorebird population. Marco Island, Tigertail Beach, you know,
that's on the Florida Birding Trail. Eagle Lakes is another example
where we've worked very closely with stakeholders on that.
We want to work with the Audubon Society, and we're working
with them now to protect that population. But we see this idea of
moving people south that's consistent with that. If we can encourage
people not to go north and to go south, we see that as an opportunity
to perhaps also protect that shorebird population.
So with that, I wanted to get to kind of the final recommendation
and then stop. And I know you have some folks that want to talk to
you.
But just, you know, in terms of our recommendation, we're
looking at a couple of things. We want to continue to review beach
access in the community. This is something that this board and
various boards have dealt with over the years. We think that it's
going to continue. We want to look at the ideas that are being
suggested, certainly the off-site beach parking, the beach circulator,
continue to support that, study the concept of dynamic pricing. That
January 14, 2020
Page 49
may be something that has potential, but we do want to explore that
as well.
And so that's one of the recommendations. Continue to kind of
look for these alternative ways to deal with this versus building
parking spots.
The other thing that we want to look at, though, is to finalize and
present proposed southern park improvements. This would require --
if you gave us this direction for us to be back to Pelican Bay
Foundation Board, provide them with a concept and get their
approval to advance. So we're looking for that direction this morning
as well.
We also want to recognize the fact that we have people that
don't know that Clam Pass exists. We know that they're coming to
Vanderbilt. We know that they're going to Tigertail. We know that
they're going to South Beach. We know they're going to Barefoot
Beach. And so looking at a way to market Clam Pass availability.
Again, it's additional beach parking for people. Not trying to
overwhelm the resource but to encourage people that it exists. So
looking at doing that.
And then, finally, what we would like to do is bring this issue to
you annually through our AUIR and, through that planning process,
come to you and report to you the current beach utilization, to keep
you familiar with what the numbers are looking like for the use of the
beaches and whether we have adequate access at these beach
locations.
So with that, that's our presentation. And, certainly, if you have
questions, be happy to answer. Thank you.
CHAIRMAN SAUNDERS: Okay. Thank you.
Commissioner Taylor.
And, Commissioner McDaniel, this didn't show up. Your
number didn't show up.
January 14, 2020
Page 50
COMMISSIONER McDANIEL: You've got to talk to Troy.
That thing's not working.
CHAIRMAN SAUNDERS: Oh, okay. Troy, not right now.
Just for later.
COMMISSIONER McDANIEL: Our buttons aren't lighting up
on his screen.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: I just was curious, because you
said you vowed never to bring the boardwalk back, but there it is.
MR. OCHS: Well, that's because I told him to bring it back.
Just because this is a new board and --
COMMISSIONER TAYLOR: Just to aggravate us even more.
MR. OCHS: No, not to aggravate you. But we just want to
confirm that -- whether or not you have any interest in the future in
that as an option. Look, "no" is acceptable.
CHAIRMAN SAUNDERS: Anybody else want to pick on
staff?
COMMISSIONER McDANIEL: He says straight up it's not to
aggravate us.
CHAIRMAN SAUNDERS: Okay.
COMMISSIONER McDANIEL: No.
MR. OCHS: No, it's not.
COMMISSIONER McDANIEL: Just to make sure we're still
there. I do have a question. Are you --
COMMISSIONER TAYLOR: Yeah, I'm done right now.
CHAIRMAN SAUNDERS: This is working now. So if you'll
use --
COMMISSIONER TAYLOR: Oh, that's good.
CHAIRMAN SAUNDERS: Okay.
COMMISSIONER McDANIEL: Good luck running it.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
January 14, 2020
Page 51
COMMISSIONER McDANIEL: I want to say when I left the
chair, it worked quite admirably.
COMMISSIONER SOLIS: Sabotage.
COMMISSIONER McDANIEL: Have we approached Naples
Grande for any additional access or capacity for overfl ow parking or
anything? Because I know there's a resort right there that we share
trolley drivers and things along those lines to move people to and
through.
MR. WILLIAMS: It's a great question. We have not. We do
work very closely with them, and we do know, though, that their
parking is at capacity often, so -- but it's certainly something we
could explore with them.
CHAIRMAN SAUNDERS: Before we go to public comment,
any other questions/comments from the commission? If not, let's go
to the public comment.
MR. MILLER: I'd like to remind our speakers you can use both
podiums. We'll call two names at once so the second speaker can be
waiting. Your first speaker is Sara Beckman. She will be followed
by Cliff Donenfeld.
CHAIRMAN SAUNDERS: And each speaker has three
minutes.
MS. BECKMAN: I'm not going to take three minutes so -- just
so you know.
Good morning. I'm Sara Beckman. I'm president of the Seagate
Homeowners Association, Property Owners Association.
While I'm glad that the Parks and Rec Department have
suggested to hold off on the garage, I still have a number of concerns.
The Army Corps of Engineers did a storm risk management
facility study for Collier County. The recommendation to contain
flooding from Pelican Bay south to Seagate Beach is to increase the
sand berms, the sea grapes and the mangroves along the berms.
January 14, 2020
Page 52
Keeping a trail down the middle of that berm, which the county
now has, compromises the natural protection the sand berms and
mangroves provide. That's my first comment.
Second, the proposed roundabout at Seagate and Crayton.
Slowing down for a roundabout is still faster than stopping. The
easier solution right now would be to put the word "stop" on the three
westbound lanes of Seagate and make the crossover -- the crosswalk
more visible either by put in pavers or just remarking it. Right now
you can hardly tell that there is a crosswalk.
That's my comments. I know that we have a lot of people that
have a lot of other comments. Thank you for the time.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is Cliff Donenfeld. He'll be
followed by Bonnie Michaels.
MR. DONENFELD: Happy New Year, everyone.
I'm Cliff Donenfeld, vice chairman of the Republican Party here
in Collier County. And as you saw earlier, also a board member of
the NAACP.
The garage proposal was a bad idea if it were free for so many
reasons. From conservation issues, to fiscal responsibility, to
creating a potential nightmare on traffic on Seagate to Pine Ridge
Road.
The cost wasn't really considered a big factor, though, because
everyone said we had the money. And although I really am
concerned and curious what the cost of even the studies and the
proposal and the workup was to an idea that shouldn't have seen the
light of day.
If we have the funds to toy with for such unnecessarily and
damaging, extravagant proposals, why do we keep adding and
attempting new tax increases? I keep hearing from individuals
throughout this county ranging from a student at the top of his class
January 14, 2020
Page 53
at Lely High School who grew up in a Habitat for Humanity
community who thinks that that 1 percent -- he notices it every single
day. The kid works two jobs. I hear from businesses who talk about
how they used to do a ton of business with Lee County, and that
business is dried up.
The 1 percent sales tax hurt individuals and businesses
throughout this county. I believe other tax increases will as well.
All tax increases go against Republican principles. I urge a new
year and a new decade of fiscal responsibili ty.
Thanks for the time, and Happy New Year again.
MR. MILLER: Your next speaker is Bonnie Michaels. She'll
be followed by Vanasse Boohes [sic]. I hope I'm saying that right.
MS. MICHAELS: Good morning. Bonnie Michaels, speaking
for myself. All my comments are a little juggled now because, after
hearing Barry's presentation -- I haven't heard a lot of that new
information, so it's a little hard for me to comment on everything.
But I want to thank Barry for listening to so many people who have
so many comments.
In the focus groups, nobody wants the parking garage. And I
understand that Mr. Williams is really looking for alternatives, and,
you know, that's a great idea.
A few comments. The issue of capacity has still not been
addressed. How many people can you really put on a natural beach?
This isn't Vanderbilt. This isn't downtown Naples. This is a natural
beach that is very unusual, because of the bird life, because of the
mangroves, because of the sea turtles. Do we really want to pack
everybody in like Vanderbilt Beach?
We also, last spring, the League of Women Voters asked for a
lot of information, and it looks like Mr. Williams has some of it,
because we asked about the gate counts and when was the highest
capacities and the traffic studies and queuing studies. So we haven't
January 14, 2020
Page 54
seen any of that information. But the capacity is still an issue.
Going back to the alternatives, the paths that he's talking about, I
take those paths regularly. The one that goes to the north has trash in
it all the time, and you can see that the mangroves have been stomped
on and a lot of the natural scape.
So people that use it don't really respect it. I also use the path
that is very tiny on the south end. And if you start messing with that,
you're going to cut down more mangroves. You're going to cut down
more things, and you're going to mess up the dunes. And think about
what that means in terms of storm surge and all the things that we're
concerned about.
So I think it's good that we're looking for alternatives. I think
the garage, we all believe -- all the people, all the focus groups
believe the garage is really a bad idea. If we bring people in from
another place, let's talk again about capacity. How many people can
you really bring to this beach?
And also, the whole issue of queuing on the tram. I mean, right
now in season, between the trams -- I try to walk that boardwalk, and
it's like taking your life in hand because there are so many trams
going back and forth.
So, anyway, I think there are alternatives. We need to look at
them, but the public needs to be involved in this again, because we
haven't heard all of this new information. Just remember this, this is
the last natural stretch of beach in Collier County. Let's protect it.
Thank you.
(Applause.)
MR. MILLER: Your next speaker is -- Vanessa, how do you
say your last name?
MS. BOOHER: Booher.
MR. MILLER: Thank you. She will be followed by Peter
Dugan.
January 14, 2020
Page 55
MS. BOOHER: Good morning. I'm Vanessa Booher with the
Conservancy of Southwest.
I'm just here to reiterate our concerns in regards to the
boardwalk extension and the additional facilities that were proposed,
but it looks like you were talking about nixing that one, in regards to
the mangrove health and the health of that ecosystem that we already
know is a stress to the natural resource, as well as additional carrying
capacity with both the anthropological and wildlife aspects on that
beach. So it's just our expressing our concerns about that.
So it's just a sweet, simple little thing. It seems like everybody's
reiterating everything the same. Thank you.
MR. MILLER: Your next speaker is Peter Dugan. And he will
be followed by Michael, and I'm having trouble reading your card,
sir. It starts with an S.
MR. SILVERSTEIN: Silverstein.
MR. MILLER: Silverstein. Thank you.
Mr. Dugan.
MR. DUGAN: Peter Dugan. I'm president of Mangroves
Action Group, which, as you may know, is protecting the 570 acres
of mangroves in the wonderful Natural Resources Protection Area, or
NRPA, the only one in coastal Collier County. Several people prior
have talked about our responsibility to maintain that wonderful
preserve.
I'm only going to talk about the mat walk. Everyone else has
talked about the garage and other areas. I'm ve ry concerned about --
and a little bit confused on Barry's description of what exactly is
going to be a tram or mat walk or trail or what that will take people
from the north to the south 3,000 feet.
You have dunes there and, as you know, the heros of Irma were
the mangroves and the dunes that protected your real estate value.
And we were expecting a 10-foot storm surge which never
January 14, 2020
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materialized. We've never had more than a 6 -foot storm surge in
Southwest Florida in the history of hurricanes. If we had a 10-foot
storm surge which was protected and why we evacuated so many
people, you would really need those dunes and the mangroves and the
sea grapes and the cottonwoods and all the trees.
You start putting a trail down between the eastern side, which is
the bay, and the western side, which is the beach which, by the way, I
have just walked with several people, and it is a beautiful nature
walk. We don't need to put a mat board. We've got boardwalks.
And what is a mat board? Has anyone in this group and in this room
seen what it is, Barry? Can you take me and show me where they
have it?
Okay. That would be very interesting to hear what exactly is a
mat board. People are concerned that when you have a storm surge,
the mat board, depending upon how it is fixed, is going to be
uprooted or disturbed, which could hurt the dunes and hurt the
protection.
Environmentally, which I'm really concerned about, you do have
wonderful gopher tortoises. I saw two yesterday, two yesterday in
just one look at South Beach in Pelican Bay near Clam Pass. They
are an endangered species.
Please don't bully the environment, folks. You're the only ones
that have the authority to protect this NRPA, this only protection of
our beautiful beach.
Someone said that only 92 percent of the time we do not have
the capacity in the Seagate garage. So only 8 percent we're at
capacity. But more importantly, whether you use 50 square feet per
beachgoer or 250, leave our beach and our natural preserves alone.
Don't bully the environment. Thank you.
(Applause.)
MR. MILLER: Your next speaker is Michael Silverstein. He
January 14, 2020
Page 57
will be followed by JoAnn Smallwood.
MR. SILVERSTEIN: Yes. My name is Michael Silverstein. I
live at 5267 Starfish Avenue. I've lived there since 2016. I've been a
resident of Naples since 1999.
I really think that I'm going to ask the commission to do
something specific, to vote against accepting this report, to just say
no.
And I want to give you 10 reasons why you should say no. The
first reason is that the work done by both staff and the outside
consultant was subpar. I spent my entire professional life at the
Boston Consulting Group where I was a senior partner. I supervised
teams doing analysis. The analysis done in this work was very poor.
The first point: There is no demand. There has been no sense of
economics of building a facility. Today's facility operates at a
40 percent utilization rate; 40 percent. That number never came out.
There are 10 days of peak demand for two hours. So we need
parking for 20 hours a year. Now, if you spent $12 million to create
parking for 20 hours a year, you need to charge $100,000 an hour.
That's a crazy number. No one's going to pay that number to come to
your garage.
There are 79 parks per day. If you want to go to the beach, get
there early. You will find a parking spot.
Number 3, we are really not listening to the environmental
consequences of tampering with this beach. The Audubon Society
has come out, point blank, do not do this. The black skimmers that
are resident in this Clam Pass Park say, don't bring more humans.
There's been a lot of bad analysis. Bad analysis around the
traffic, about risk to pedestrians, about risk to beachgoers. I think
there's bad analysis about risk to the commissioners. The risk to the
commissioners is failure to anticipate. Are you personally liable for
creating a hazardous condition? There's no egress from this beach in
January 14, 2020
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the event of a catastrophe. So if you put 2,000 people on this beach,
you can pull them off at the rate of 60 people per minute maximum.
That's not in the report. So if you attempt to increase the population,
you increase the risk.
There are a set of scenarios about declining demand, and you
have to closes your eyes and be ignoring what's happening in the
world of transportation not to see that. Uber and Lyft have a
combined market value of just under $100 billion. That's because
people believe that that's the way transportation is going. We have
autonomous vehicles, and we have all the major car companies
investing in something that they call drive and pay. That means you
don't own a car. You just use it. You use it and you pay an hourly
rate.
CHAIRMAN SAUNDERS: Mr. Silverstein is up. Appreciate
your comments. Thank you.
MR. SILVERSTEIN: May I do one more? One more.
There's an April 13th, 2018, memo from Heidi Ashton-Cicko to
Jeffrey, and it says, the construction of a parking garage may be
problematic.
I have pursued all freedom of information to try and understand
how that was handled and have never received a response.
CHAIRMAN SAUNDERS: Thank you.
MR. MILLER: Your next speaker is JoAnn Smallwood. She'll
be followed by Brad Cornell.
MS. SMALLWOOD: Yes. For the record, I'm JoAnn
Smallwood, and thank you for allowing me to speak.
I've been involved in this project for quite some time and
interested in -- because I am a near -- live nearby as a residence.
This particular environmental beach was always meant to be a
very special environmental fragile ecosystem. It was never meant to
be what is being presented here today. In Collier County, we have
January 14, 2020
Page 59
the Collier County Coastal Storm Risk Management Feasibility Study
that Sara Beckman mentioned, and it is a combined Collier
County/U.S. Army Corps of Engineers Integrated Report
Environmental Impact Statement. It was initiated on January the 9th,
2019, and is to be completed in March 2020.
It includes mangrove restoration, which reduces the impacts of
future sea-level rise, coastal flooding, and/or storm surge. Its focus in
Collier County is on the north county beach berm at Clam Pass and
outer Clam Bay. It proposes mangrove restoration at outer Clam Bay
and recommends the vegetated dunes remain intact in the exact place
that the Collier County Parks and Recreation want to remove or
disturb the mangrove system dune. It seems that the county
departments need to communicate with each other.
If Collier County proceeds with these southern park
improvements, they will -- they will bring people down the middle of
the -- it's a very narrow trail -- disrupting and destroying the fragile
mangrove and dune ecosystem. This is the opposite of their own
coastal storm risk management feasibility study to protect and restore
the dune mangroves. If you do this, you will be putting all of us at
risk.
Thank you.
MR. MILLER: Your next speaker is Brad Cornell. He will be
followed by Tim Thompson.
MR. CORNELL: Good morning. I'm Brad Cornell, and I'm
here on behalf of Audubon Western Everglades and Audubon
Florida. Appreciate the opportunity to address this important issue.
First, Audubon completely agrees with the staff
recommendation to not build the Clam Pass parking garage, as you've
heard others speak of, and this is primarily because of the importance
of the migratory fall, winter, and spring shorebird habitat at the pass.
There are a lot of birds there, thousands, every day. And this is
January 14, 2020
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something that we need to protect. It's a unique asset. It's something
that people should see. It's something that makes Collier County
unique.
I also want to ask you to continue to involve Audubon in
planning on the southern part at Clam Pass Beach, and I want to point
out that you have a good model for -- in general, for the way to
handle that sort of public access, and that's at Barefoot Beach. If you
go to Barefoot Beach, the very southern end of Barefoot Beach is a
mile-long trail, just a walking trail that has a lot of gopher tortoises.
It's behind the dune. It's not exactly parallel, but it's got a lot of
similarities.
Also, like Barefoot Beach, I want to point out that you want to
enhance getting to the beach -- to this park the old-fashioned way;
walking and riding a bike. If you go to Clam Pass, the only way to
get into that parking lot is to drive in. There's no sidewalk at all. So
I've had to walk over the speed bumps, say hi to the ranger, and then
walk into the parking lot that way if I'm walking, like, from
Waterside, and that's not right. So we could do a better job on that.
I also want to say very emphatically that we appreciate strongly
your staff's working with us. Your staff are great. And I particularly
want to call out the late Nancy Olson who has worked with us for
years on all the beach parks in Collier County. She was a wonderful
ally and advocate for conservation and for the citizens of Collier
County.
And I also want to really call out Jake Sullivan and Barry
Williams for their collaboration and work with us, and we want to --
we look forward to continuing that collaboration in even more
involved and formal ways in the future on this and other beaches.
So, again, we strongly recommend that you not move forward
with the parking garage as was recommended by your staff. Thank
you.
January 14, 2020
Page 61
MR. MILLER: Commissioners, your final registered speaker
for this item is Tim Thompson.
MR. THOMPSON: I grew up in Melbourne Beach, and I
moved here in 1987. I was 27 years old. And I remember coming
here and going down to Gulf Shore Boulevard and noticing that there
wasn't as much natural vegetation as I was used to, because Brevard
County is a different area, and a lot of area between Melbourne
Beach and Sebastian, very wild and very natural, which is beautiful.
So I asked a friend, I said, where do you go for a natural beach?
And this was 1987? He said Clam Pass Park. And I think in 1987 I
put my now 31-year-old kid in a backpack. I walked the seven-tenths
of a mile for that boardwalk, and it was like love at first sight. That is
still my 29-year-old and my 31-year-old's earliest memories, they
say, is clear waters and uncrowded beaches of Clam Pass.
So last year, as I kind of move into sort of semiretirement, I
signed up with Audubon Shorebird Stewardship, and I've learned so
much about these shorebirds. And they really are stressed as far as
they need beaches that are untrampled. They need beaches that are
uncrowded.
And I know that's very difficult, but when the comment was
made that people haven't found Clam Pass or don't know where it is, I
don't know when that person is going to that beach, but you go there
any weekend, it's a mob.
So the capacity has come up, but it is absolutely, I think, to
capacity during season, especially on the weekends.
So we still enjoy Clam Pass. We love it. I just hope that you
can, and I thank you for considering that we keep Clam Pass
somewhat natural. Otherwise it's going to be an overpopulated
eyesore. And I just hope it escapes the fate of development and
overpopulation that a lot of this state has, especially on the coast
where I grew up, and that's why we're here. How many of us say we
January 14, 2020
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never want it to be like the East Coast? Well, here we go. Now's our
chance. Thank you very much.
(Applause.)
CHAIRMAN SAUNDERS: Commissioner McDaniel, I know
you have opposed the parking garage in the past, and I see that you
want to speak on this issue, so –
COMMISSIONER McDANIEL: I am.
CHAIRMAN SAUNDERS: -- you're recognized.
COMMISSIONER McDANIEL: I have been. Thank you very
much.
As folks are talking, I make notes. And I found it rather
interesting -- and I have to say this out loud. Certainly, we've had
compliments even from those that aren't in favor of the parking
garage of our staff and your deliberate methodology of how you've
carried forward with -- to exhaustion going forward with this project.
And I made notes. And I found it rather interesting that the
consultant that came forward said, giving the human element
consideration was one of the -- was one of the precepts to no
further -- or no -- not go forward with the project any longer.
I tried to -- I've expressed concerns on a regular basis. You
know, the human element. I actually found interesting that that was
necessarily one of the later things that we did; the cost element that
was brought up was hard for me to always understand; and, certainly,
the environment.
And I then try to rank these things as reasons why I'm not in
such a favor of a particular project. And Commissioner Taylor can
verify, I have 1, 1, and 1 as my number-one reasons, all three of
those, as why this project shouldn't necessarily go forward.
So I applaud staff for the effort that's been put into this. Thank
you very much. But for all of those particular reasons, I'm going to
maintain my dissatisfaction with this project.
January 14, 2020
Page 63
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: Yes, thank you very much.
(Applause.)
CHAIRMAN SAUNDERS: If we could -- if you'd please hold
off on the applause. It really doesn't make any difference on the
applause, but it does delays things, so please hold off on the applause.
COMMISSIONER SOLIS: Am I not showing up?
CHAIRMAN SAUNDERS: Oh, now you are. Commissioner
Fiala.
COMMISSIONER FIALA: Yes, thank you very much.
First of all, I think staff worked so hard, and we all could see it.
And they were trying to be very fair from all sides taking into
account the shorebirds, the beaches, the traffic, the beachgoers, all of
the things.
It's a very difficult subject, and I really appreciate that. I think
it's a good idea to put it on hold for now but continue to work on it.
And if you listen to Brad Cornell, you know, Brad always
attacks things in a special way. Brad tries to look at all things and
come up with a fair conclusion, and -- which he did again today. I
think that's admirable. He wants definitely to protect all of the bird
community and yet, at the same time, he wants to also look out for
the welfare of our citizens.
I think putting it on hold right now and continue to work
towards some type of a solution so that it's not yes and no, but maybe
how can we work together to -- to satisfy our citizens as well as the
birds and all of the environmental aspects of this beach.
Thank you.
CHAIRMAN SAUNDERS: Commissioner Solis.
COMMISSIONER SOLIS: Yeah. I agree with what's been
said. I think the analysis was a good analysis. The capacity, clearly,
it's not overwhelming the number of days that the parking lot is full.
January 14, 2020
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So I think that the conclusion's the right one.
And so I agree that we should go ahead and put this to rest. I'm
sure that will relieve a lot of angst amongst the neighbors, which I
understand.
In terms of the report, I would like to make a motion to accept
the report, because all the report says is we need to continue to
review all of these issues. And as the County Commission and as the
management staff, we have to continually look for ways to solve
problems. And I think that the point of the report is to continue to
look at alternatives that would make sense and make sense in relation
to everything; you know, environmental concerns, traffic concerns,
all of it. And that's what we -- we're, I think, required to do in our
role as County Commissioners is to continually find ways to solve
problems and to balance the interests of the environment and the
public's interest in going to the beach and all of that.
So I agree that the plans for the parking garage need to be
shelved, and I would go ahead and make a motion to accept the
report.
COMMISSIONER FIALA: Second.
CHAIRMAN SAUNDERS: All right. We have a motion and a
second. We do have a couple of speakers, but I just want --
COMMISSIONER SOLIS: Oh, I thought we were done.
CHAIRMAN SAUNDERS: I mean, we have a couple
commissioners that want to speak. I want to get clarification on the
motion.
The motion is to accept the report. The report doesn't really
shelve the parking garage. It just says we're not going to take a look
at it right now.
COMMISSIONER SOLIS: Right.
CHAIRMAN SAUNDERS: And I think, if you could make it
clear that we're no longer looking at a parking garage as part of that
January 14, 2020
Page 65
motion --
COMMISSIONER SOLIS: Sure.
CHAIRMAN SAUNDERS: -- I think that would be --
COMMISSIONER SOLIS: Sure. I'll amend my motion to
shelve -- however we want to say it. We're not looking at a parking
garage anymore. We're not going to do that.
CHAIRMAN SAUNDERS: And I think the bottom line is that
we can say today we're not looking at a parking garage. We're
eliminating that from consideration; however, just so the audience
understands -- that will take away some of the pressure in terms of
the audience members and people affected still thinking that this is
going to come back. We can't bind a future board.
COMMISSIONER SOLIS: We can't.
CHAIRMAN SAUNDERS: We can't really bind ourselves. So
this will be a statement of policy that this board will be opposed to
the parking garage. Staff will know not to look at that. And if the
second will amend the second, I think that gives clarity to the motion.
COMMISSIONER SOLIS: Sure. No, I agree that that's -- and I
think that's essentially what the report is recommending is that we put
that to rest and we look at the alternatives. So I would make that
amendment to my motion.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. Thank you very much.
There is another part of this report that I'd like the Board to
consider, and that's the improvements to the -- so-called
improvements to the south trail. I think the testimony here,
corroborated by the Army Corps of Engineers, really indicates how
important it is to build up the beach, not to bisect it with paths. It
doesn't mean that a path can't be existing there, but to lay down a mat
so that people can roll their vehicles or their sub-vehicles, to have
picnic tables down there when -- to even at some point put bathrooms
January 14, 2020
Page 66
that might be needed because you have so many people there. I think
it flies in the face of what this park represents to this community.
I would like to see if there's any support to recognize that we
have a jewel here, and that jewel needs to be protected. And it
doesn't mean we don't watch it and help nurture it, but it also means
that we don't change the character of this beach.
I would invite anyone to walk that. It's walkable. But at the
same time, I was told -- and I can believe this -- that a couple years
ago there was a raccoon infestation there to the point where
beachgoers would be lying on the beach, and the raccoons would
come down and sit next to them. What do you think is going to
happen when there's picnic tables and people leave garbage? This is
a jewel. It needs to be protected.
And, yes, let's have more people come there, but what about
people who are interested in what I saw, people looking at the
mangroves and people looking for birds and people with binoculars
and people that are willing to walk and then maybe swim and use the
beach, instead of supporting a paradigm which is evident in other
beaches where the folks really aren't interested in walking too much.
They're interested in just going to the beach and being part of it. So it
would mean that under 2A, that we would agree would stop right
now; that we could add that to -- make that an amendment to your
motion, Commissioner Solis.
CHAIRMAN SAUNDERS: All right. We have a motion and a
second.
Commissioner McDaniel, you're lit up here.
COMMISSIONER McDANIEL: Yes.
COMMISSIONER TAYLOR: I didn't hear --
CHAIRMAN SAUNDERS: We'll get back to it. We have a
motion and a second.
COMMISSIONER McDANIEL: Yes, we do.
January 14, 2020
Page 67
And I have concerns with the motion not in pretense but in
premise. If we accept this report, we accept a lot of things that are
and have been represented as being feasible for this project to go
forward. The specific -- I think we do, right or wrong.
I think the message from this particular board needs to be
stronger. Accepting the report or not really, to me, is irrelevant. The
recommendations by staff is to defer this project. And I don't want to
defer. I don't want to encourage anybody to think that we're going
to -- I mean, as has already been stated, we can't bind future boards,
but there's no reason for us to take our time on this anymore. And
acceptance of the report, deferring of the project, specifically, there
are the recommendations by staff on other alternatives -- I think we
should stop having this consideration any further. And I don't think
your motion, Commissioner Solis, is strong enough with regard to
that, my perception.
COMMISSIONER SOLIS: Let me ask you a question --
COMMISSIONER McDANIEL: Sure.
COMMISSIONER SOLIS: -- so I understand what your
objection is.
We should stop having the conversation on what? The parking
garage.
COMMISSIONER McDANIEL: Building the parking garage.
COMMISSIONER SOLIS: Well, I just said. I mean, my
motion is: Let's not talk about the parking garage anymore.
CHAIRMAN SAUNDERS: That was the clarification I asked
for in the motion. The motion was amended. No more discussion for
the parking garage.
COMMISSIONER McDANIEL: Okay. If that's what -- but is
also accepting this feasibility report that says that the parking garage
works here; does it not?
COMMISSIONER SOLIS: No. I don't think it does.
January 14, 2020
Page 68
CHAIRMAN SAUNDERS: I think it's clear in the motion that
we're not going to talk about a parking garage anymore. Staff's not
going to be looking at a parking garage at that location from this
point forward. A future board -- if the motion passes. A future board
can take a look at it if they want. We can't control what a future
board does. But right now we have a motion that addresses your
concern which is -- and their primary concern, which is there will not
be parking garage at Clam Pass Park.
COMMISSIONER McDANIEL: Well, thank you for that
clarification. It wasn't that clear to me.
CHAIRMAN SAUNDERS: Commissioner Taylor has another
issue, and so the question's going to become whether you want to
amend that motion to include that.
I would object to going further than what is in the motion, and
the reason is is that we still need to take a look at ways to get people
to the beach, and by amending the motion, that's going to eliminate a
lot of options, and I don't think we're prepared to do that right now.
So I'm supportive of the motion as-is. But if the motion maker
and the second want to amend the motion, you have that ability. If
not, we'll take a vote on the motion.
COMMISSIONER SOLIS: No. And I agree. I think we are not
approving anything today happening in regards to the improvements
of the trail. We're not doing any of that. And what the report and the
recommendation is is to present ideas to the Board for us to consider
it, and I want to make sure that the Audubon Society is involved in
that. That's the process.
And there's a lot of tough questions that would have to be
answered, in my opinion, and Commissioner Taylor has identified
those. But we need to keep doing analysis -- the analysis and hear
from staff to make sure that at the end of the day we're making the
right decisions and that we're doing the best for the county, so...
January 14, 2020
Page 69
CHAIRMAN SAUNDERS: All right. We have a motion and a
second. If there's no further discussion on the motion, I'll call for the
vote. All in favor of the motion, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
COMMISSIONER TAYLOR: I'm opposed for reasons stated.
CHAIRMAN SAUNDERS: Okay. We have a 4-1 vote for
approval. We will take a break until 10 minutes after 11:00.
(A brief recess was had from 10:55 a.m. to 11:10 a.m.)
MR. OCHS: Ladies and gentlemen, if you'd please come to
order.
CHAIRMAN SAUNDERS: We don't have three commissioners
up here, but we have three in the room -- four in the room, so we've
got a quorum. Let's begin.
Mr. Manager.
MR. OCHS: Thank you, Mr. Chairman.
Item #9A
ORDINANCE 2020-06: RECOMMENDATION TO APPROVE AN
ORDINANCE AMENDING ORDINANCE NUMBER 92-43, AS
AMENDED BY ORDINANCE NUMBER 92-77, AND
AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE
WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
January 14, 2020
Page 70
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A RESIDENTIAL
MULTIFAMILY (RMF-16(8)) ZONING DISTRICT TO A
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD)
ZONING DISTRICT, TO ALLOW FOR DEVELOPMENT OF UP
TO 526 MULTI-FAMILY DWELLING UNITS, TWO-FAMILY
ATTACHED AND TOWNHOUSE RESIDENTIAL DWELLING
UNITS, OR 265 SINGLE-FAMILY DWELLING UNITS OR ANY
COMBINATION OF DWELLING UNIT TYPES SUBJECT TO A
TRAFFIC CAP FOR A PROJECT TO BE KNOWN AS ENBROOK
RPUD; AND BY ELIMINATING THE 100 FOOT WIDE
GREENBELT ALONG THE ENTIRE EAST AND SOUTH
PROPERTY LINES AND ELIMINATING THE TWO-STORY
HEIGHT LIMITATION DESCRIBED IN ORDINANCE NO. 92-43
AND ORDINANCE NO. 92-77 FOR THE ROYAL FAKAPALM
PLANNING COMMUNITY; AND PROVIDING AN EFFECTIVE
DATE. THE SUBJECT PROPERTY CONSISTING OF 65.88
ACRES IS LOCATED ON THE SOUTH SIDE OF MANATEE
ROAD APPROXIMATELY 1500 FEET EAST OF COLLIER
BOULEVARD, IN SECTION 10, TOWNSHIP 51 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA – MOTION TO
APPROVE W/STIPULATIONS INCLUDING: DENSITY
REDUCED AT CLOSING, A 100’ WIDE SETBACK AND NOT
EFFECTIVE UNTIL DENSITY REDUCED, SIGN DEVIATION
REMOVED, AND NOT TO EXCEED TWO (2) STORIES –
ADOPTED W/STIPULATIONS
We move now to Item 9A on this morning's agenda. This item
does require ex parte disclosure be provided by commission
members.
It's a recommendation to approve an amendment to your Land
January 14, 2020
Page 71
Development Code to rezone an area from residential multifamily
RMF16 zoning district to a residential Planned Unit Development
zoning district to allow for development of up to 526 multifamily
dwelling units, two-family attached and townhouse residential
dwelling units, or 265 single-family dwelling units or any
combination thereof subject to the traffic cap for a project known as
Enbrook RPUD which is located on the south side of Manatee Road
approximately 1,500 feet east of Collier Boulevard.
And, again, Mr. Chairman, this item requires ex parte
disclosures from the commission.
CHAIRMAN SAUNDERS: We'll start with Commissioner
Solis, and --
COMMISSIONER SOLIS: Thank you.
I did have conversations with Mr. Yovanovich any Mr. Arnold
that represent the owner.
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: Yes. I've spoken to Rich
Yovanovich and Wayne Arnold. I've also spoken to many and
assorted staff members on this. I've talked to the East Naples Civic
Association members. I've talked to the people in the community
about this. I have great concerns on it, so -- but I think that's about
everybody I've spoken to.
CHAIRMAN SAUNDERS: All right. Commissioner
McDaniel.
COMMISSIONER McDANIEL: Yes, meetings and emails.
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Meetings, correspondence,
emails, calls, meeting especially with the developer's attorney,
Mr. Yovanovich, and Mr. Arnold.
CHAIRMAN SAUNDERS: And I have correspondence, and
I've also met with Mr. Yovanovich and Mr. Arnold.
January 14, 2020
Page 72
MR. OCHS: Mr. Chair, it would be appropriate to swear in
anyone who's going to give testimony.
CHAIRMAN SAUNDERS: Anyone who's going to be
testifying, please stand and raise your right hand.
(The speakers were duly sworn and indicated in the affirmative.)
MR. MILLER: Mr. Chairman, we have three registered public
speakers for this item.
CHAIRMAN SAUNDERS: All right.
Mr. Yovanovich.
MR. YOVANOVICH: It's still morning. Good morning. For
the record, Rich Yovanovich on behalf of the petitioner and owner of
the property.
We'll start with first introducing who I have with me to help
address any questions if you have them. I'll do, like I typically do, a
brief overview of the project, and then if you have questions that I
can't answer, my consultants will answer those questions.
I have Justin Robbins, who's the division president with D.R.
Horton; I have Wayne Everett, the entitlements manager with D.R.
Horton. They are the prospective purchasers of the property. Wayne
Arnold is the professional planner; Kim Slachta is our environmental
consultant; Jim Banks is our transportation consultant; and Steve
Martin is our professional engineer.
On the visualizer is an aerial photograph identifying the
approximately 65.88 acres that is before you today.
As you can see, it's off of Collier Boulevard and Manatee Road
behind the outlet shops and adjacent to two condominium projects.
There are also several mobile home projects in the area as well.
The property is currently zoned RMF-16 with a density cap of
eight units per acre, which would yield 526 units if the existing
zoning today were to be implemented.
There is currently an approved Site Development Plan to
January 14, 2020
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construct 483 apartment units on the property. This is -- I'm sorry.
That is the currently approved Site Development Plan which, when
we get into some further discussion, is consistent with the existing
zoning. It also is consistent with the 100-foot setback around the
south and east border of the property.
What we're in actually to do today is a request to reduce the
overall project density from what's currently approved and vested
from a transportation standpoint. This project is one of certainly
several projects that a consortium of property owners worked
together with the county to basically prepay their transportation
impact fees to allow for the intersection improvements at Collier
Boulevard and U.S. 41 to be constructed.
This project participated in that, and that's where the 483 vested
units come from. So they prepaid their road impact fees, so their
transportation impacts has already been accounted for in the
transportation system.
This is one of the rare times that I come before you and ask you
to help me reduce density on property instead of going the other way
for clients. In this particular case, as the Site Development Plan was
being approved and the land cleared, D.R. Horton approached the
seller, the current property owner, and said, we'd like to purchase the
property. We'd like to actually build, you know, a twin-villa-type
product on the property.
Unfortunately, when you have residential multifamily
16-unit-per-acre density on the property, one of the things you can't
build is single-family, and twin villas is considered a singe-family
development, not a multifamily development.
So we were kind of in a Catch 22. In order to move forward and
build twin villas, we had to go through and rezone property to PUD
in order to bring the density down.
So what you have before you is a request to modify the zoning
January 14, 2020
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to a multi -- I'm sorry -- to a PUD. That's the proposed master plan.
One of the things that happens is the preserve area, or the buffer area,
is reduced from what was previously approved as part of the
multifamily project, and you'll have a twin -villa project that is
currently going through the process.
This is the proposed plat showing the twin-villa concept as is
platted. The plat is ready to be heard by the Board of County
Commissioners pending approval of the zoning. So D.R. Horton is
committed to going through the rezone process and reducing the
density down to 298 units.
When we were at the Planning Commission -- and I'll walk you
through some changes that didn't make it into your agenda package.
CHAIRMAN SAUNDERS: One moment. Commissioner
Taylor, do you have a question?
COMMISSIONER TAYLOR: Yeah. Specifically, this is the
proposed plat.
MR. YOVANOVICH: Correct.
COMMISSIONER TAYLOR: So you're going to walk us
through the changes that we talked about?
MR. YOVANOVICH: We are. I am about to do that right now.
COMMISSIONER TAYLOR: Okay. So it's my
understanding -- and just help me, legally, that when you plat a land,
that's the underlying zoning. So if this goes the way -- if it goes
forward, we can't accept this plat based on these changes.
MR. YOVANOVICH: The plat will be on a future agenda. If
the zoning is approved today, the plat is teed up to come to you at the
next available agenda. At that time -- let me walk you through what
the Planning Commission asked us to do –
COMMISSIONER TAYLOR: Yes.
MR. YOVANOVICH: -- regarding density.
What happened was at the Planning Commission, the majority
January 14, 2020
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of the Planning Commission were comfortable with the concept of
reducing the density. The question is when was the density actually
going to get reduced. Because you have a seller, who under today's
zoning, has the right to 526 units and actually have a Site
Development Plan approved and issued and can go forward with 483
units.
So the seller has said, I don't want to rezone the property to
reduce the density to 298 units because if D.R. Horton does not close,
I am not a builder of twin villas. I'm a builder of apartments, and
that's what I have approved, and that's the asset I have today.
So the majority of the Planning Commission understood what
has to happen first in order for the density to be reduced. One
member wanted the density to be reduced that day in order for it to
be -- for him to vote in favor of it.
We had proposed, and the majority of the Planning Commission
had proposed a condition that read: Upon plat recordation and
issuance of the first building permit for a single-family or two-family
attached dwelling unit, the maximum density permitted within the
PUD shall be limited to 298 units.
That's the revision that was voted upon by the Planning
Commission to support and guarantee the reduction of the density to
the 298 units.
The plat's ready to go, ready to be heard. The only thing that is
missing is the approved PUD with an ordinance number to put on the
plat to come to you to get approved.
There are a few other small changes to the PUD that were also
discussed by the Planning Commission, and they just wanted to
clarify here that screen enclosures and utilities, instead of utility
buildings, was one small, minor change. The other change was the
amenity area. They wanted to take out the words "intended to serve,"
because it's going to just serve the residents of the community when
January 14, 2020
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you're talking about accessory uses.
The other change, they wanted to make sure the existing zoning
is capped at two stories. We had only had a height in there of 35 feet
zoned, 40 feet actual. They -- the Planning Commission wanted us
to -- we had had the words "two stories" there. They wanted us to put
it over here in the footnote "not to exceed two stories." So we're
consistent with the height that's allowed today under the RMF-16
zoning.
And they wanted one other clarification regarding our landscape
buffer easements. We could have a landscape buffer easement
instead of a separate landscape tract where a wall is provided along
Manatee Road.
Those were the revisions that the Planning Commission
requested, the majority that voted in favor requested. We've provided
these changes to your staff. I've had -- they've had an opportunity to
review it and confirm that it's consistent with what the Planning
Commission had approved. At least the majority.
So at the end of the day, what we're here to ask you to do is to
approve a PUD rezone of the property that, assuming things go the
way everything is planned, the density will actually be reduced from
526 units to 298 units. And that is what your staff is recommending
approval of as well as what the Planning Commission is
recommending approval of.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. I had a question. If
you would put up on the visualizer the first language adjustment. It
just -- it was -- I was wondering why the specificity with regard to the
issuance of a building permit or a single-family home or not as
opposed to the closing consummation of the transaction.
MR. YOVANOVICH: And we've further discussed,
Commissioner McDaniel, that D.R. Horton is willing to actually
January 14, 2020
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move the date up to when the density reduction occurs to closing on
the property, which is probably just a couple of weeks away.
So -- but this was the language that the Planning Commission
had reviewed and approved. They are further willing to make it,
"The density would be reduced upon closing on the property."
CHAIRMAN SAUNDERS: So you'll make that wording
change?
MR. YOVANOVICH: We'll make that wording change if that's
consistent with what the Board of County Commissioners wants.
CHAIRMAN SAUNDERS: Commissioner McDaniel, anything
else?
COMMISSIONER McDANIEL: No, sir.
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: Yes. I understand that it's all -- this
is already an approved project with way too many numbers already,
way too many housing units already.
And I understand that it can be reduced. I feel that it should be
right in the -- when we vote on it today, it should state that after
they've gone through this necessary thing, it will then be reduced to
the 298 rather than wait for another time and then something else
would come up and get in its way.
But my problem is -- and I think D.R. Horton does a great job,
and I look forward to it. And these prices would be reasonably priced
for people so that they could have their own place, and that's a great
thing.
The problem is, you're talking about a little two-lane road. It's
not a highway. It's just a two-lane road. They can never widen this
road. You already have -- I'm trying to get my units here -- so many
units on this road. You have five mobile home parks. You also have
a condominium that's three stories high also full of people. And you
figure that every place will have at least one-and-a-half vehicles.
January 14, 2020
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You can't count them two, but you can count one and a half -- on this
teeny little road that people can't move in and out of as it is. It's even
more difficult.
What I'm trying to do is find a way that we could even reduce it
a little bit more. And we haven't mentioned coastal high hazard; that
this is in the coastal high hazard zone right now. And maybe that
could be reduced a little bit more just to make it easier for the people
so that there's less problem with accidents. I really worry about this.
Oh, by the way, I forgot to tell you, there are two schools right
on this same road. This road empties into Manatee Elementary,
Manatee Middle, and, by the way, the children in all of that area, they
have to walk to school. They can't ride a bus because they're too
close to the schools. It's right down the street.
So now you've got kids going to and from school, and kids don't
really watch the traffic too, too well. You've got some areas -- there's
a nice sidewalk on one side, and that isn't a complete sidewalk on that
one side. So now you've got a danger zone there.
I'm trying to do everything I can to protect these children. That's
so important. I understand that the developer has the right to build.
I'm just trying to reduce that amount so that we just have less of a
chance of somebody getting hurt. And so if you reduce the coastal
high hazard -- they mention this on page -- I'm sorry. Page 240. And
they say that if you reduced it with the coastal high hazard area, then
it would be reduced to 189 units. I know that's not a bunch of units,
but it's still less. It's probably 50 cars more than -- that would be
reduced.
And I would like to see us do that and make sure that that's
written in the body when we approve it so that we don't have to wait
for another meeting and maybe change of minds and everything.
MR. YOVANOVICH: Well, I'm assuming that's a question to
me.
January 14, 2020
Page 79
COMMISSIONER FIALA: Yeah, it's kind of a question.
MR. YOVANOVICH: Okay. A couple of -- if I can, a couple
of things. The seller of the property has made it very clear to me as
the attorney on the project that I am not authorized to reduce the
density on the property until D.R. Horton closes on the property. So
we cannot agree to a PUD change that would reduce th e density
effective today.
COMMISSIONER FIALA: You know, let me stop you there
and say: Is there something that we can be assured of -- without
putting it on the record today that they're going to be reduced, can we
be assured that that will take place and so nobody will change their
mind?
MR. YOVANOVICH: We've agreed to revise the language
that's in front of you to say that the density will go down to 298 units
when D.R. Horton acquires the property.
The closing is currently scheduled to occur withi n the next
couple of weeks.
CHAIRMAN SAUNDERS: The question, I believe, is --
MR. YOVANOVICH: It's already there in the PUD.
CHAIRMAN SAUNDERS: The question, I believe, is, are you
willing to reduce that 298 number? I believe Commissioner Fiala
had mentioned 198 as her target.
COMMISSIONER FIALA: Yeah. This is -- they've written in
here with 65.88 acres that the -- that that would equate to 197.65
dwelling units, which is really 198 dwelling units, in the coastal high
hazard area.
MR. YOVANOVICH: And the answer to that question is, D.R.
Horton would no longer close on the property if the density was
reduced to 198 units. So you would -- the seller would go forward
with their project at 483.
I do want to put a few things into the record, if I may, i n
January 14, 2020
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response --
CHAIRMAN SAUNDERS: Yeah. Commissioner Taylor, do
you --
COMMISSIONER TAYLOR: I just -- just a quick question,
then I have more questions. But who are you representing? Are you
representing the seller or the owner?
MR. YOVANOVICH: I actually get to represent both at this
hearing because I can't do anything that -- the seller has to approve
any changes to the PUD. So when the seller says, I'm not going to
agree to that change, I'm obligated to forward that position. So in this
particular case both, if you will.
CHAIRMAN SAUNDERS: And you wanted to add a few more
comments?
MR. YOVANOVICH: I did.
CHAIRMAN SAUNDERS: Then we'll go to the public
speakers.
MR. YOVANOVICH: There is a sidewalk on Manatee Road
from Collier Boulevard all the way to the school, and actually all the
way, which will -- when Pulte finishes --
COMMISSIONER FIALA: Manatee Road, right? Not Collier
Boulevard.
MR. YOVANOVICH: Well, it starts at Collier, and it will go
all the way to the Tamiami Trail. It stops right now at the school
because the -- Pulte is in right now building out the one vacant piece
that would connect it all the way to U.S. 41, and there's a sidewalk.
COMMISSIONER McDANIEL: Do you have a map to put up
there? That might be a little clearer, please. Forgive me, Mr. Chair.
MR. YOVANOVICH: Pulte's building this piece and this piece
right here. So they'll build a sidewalk on that side of Manatee and a
sidewalk on that side of Manatee. There's a sidewalk all the way
from the intersection to the school.
January 14, 2020
Page 81
COMMISSIONER McDANIEL: Almost all the way. It doesn't
exist all the way, right?
MR. YOVANOVICH: Well, unless my eyes were playing a
trick on me, I thought there was one whole way when I drove
yesterday and again this morning. Now, if -- if there's something that
I saw that I didn't see, then there might be a small gap, but I'm not
aware of one.
So, basically, from here, which is where the project is, children
that live in there will be able to walk on a sidewalk to the schools. So
I just wanted to make sure -- now, on the other side of the street,
there is no sidewalk, but there is on the side where we're proposing
the development. So I just wanted to get that into the record.
CHAIRMAN SAUNDERS: Commissioner Taylor has more
questions.
COMMISSIONER TAYLOR: Yeah. So the 100-foot buffer on
the east and the north, I think, of the property, which is in the
original -- or is it in the south.
MR. YOVANOVICH: South.
COMMISSIONER TAYLOR: It is the southeast and south, and
we talked about that yesterday.
MR. YOVANOVICH: Yes, we did. And I believe you would
like to add a condition that says that 100-foot buffer also does not go
away –
COMMISSIONER TAYLOR: That's correct.
MR. YOVANOVICH: -- until the density is reduced to the 298
units, which I think is fair. You know, we're looking to keep what we
have, and in order to change the product type, we should add that
condition as well.
COMMISSIONER TAYLOR: So that the -- no, the 100-foot
buffer stays with the new 298 units.
MR. YOVANOVICH: No, it does not. It does not.
January 14, 2020
Page 82
COMMISSIONER TAYLOR: Okay. So that's a huge -- that's a
lot of buffering.
COMMISSIONER FIALA: Where is your buffer?
COMMISSIONER TAYLOR: On the south part, on the south.
Now, there's a preserve there, I believe, that you've got a preserve in
there now.
COMMISSIONER FIALA: Is that the buffer they're trying to
reduce?
COMMISSIONER TAYLOR: They're doing away with the
original buffer.
MR. YOVANOVICH: What we have done under this -- this is
the PUD master plan. The preserve will now be -- I think you called
it at the toe of the boot when we spoke yesterday.
COMMISSIONER TAYLOR: Toe of the boot, yeah.
MR. YOVANOVICH: Right there is the preserve.
What you have to -- as you all know, I get my directions
messed up sometimes. To the south is a business park. So instead of
having a 100-foot buffer from a business park, we've got our own
proposed landscape buffer, and that's where the 100-foot setback
would have been. And as part of this, going to the twin villas and
reducing the density, part of the PUD would eliminate the 100-foot
buffer. The approved Site Development Plan that has the 483
apartments has the 100-foot buffer in it. So that project would move
forward, is ready to go forward.
COMMISSIONER FIALA: But that isn't Manatee Road, right?
MR. YOVANOVICH: Yes, it is.
COMMISSIONER TAYLOR: No, but it's also on the east.
CHAIRMAN SAUNDERS: Hang on just a second. We can
only have one person speaking at a time.
Commissioner Taylor, then we'll get to you.
COMMISSIONER TAYLOR: Yeah. So it's on the east, also,
January 14, 2020
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the south and the east, the 100-foot buffer. If we could have the --
could we get the original plat of the 400 -plus units?
COMMISSIONER McDANIEL: Four hundred eighty-three.
COMMISSIONER TAYLOR: Four eighty-three.
MR. YOVANOVICH: The original?
COMMISSIONER TAYLOR: Yes, please. And I think it
might show the -- yeah, there's the buffer. See it?
COMMISSIONER FIALA: What is that along?
COMMISSIONER TAYLOR: That's on vacant property.
COMMISSIONER FIALA: Oh. That's not along Manatee
Road?
COMMISSIONER TAYLOR: No. No, ma'am.
COMMISSIONER FIALA: That's where I'm talking about the
people walking.
COMMISSIONER TAYLOR: No.
MR. YOVANOVICH: That's along the county's water plant
property, and the other one I showed you is along a business park. So
the reductions in the setbacks, Commissioner Taylor, doesn't affect
any residential neighbors.
COMMISSIONER TAYLOR: So this whole -- and I'm not
familiar with this. If the county could answer this.
This whole eastern border of the property abuts the water --
water plant site?
COMMISSIONER McDANIEL: Site.
MR. OCHS: That's correct, ma'am. Right here is your
water/sewer district property.
COMMISSIONER TAYLOR: And what is planned for that?
MR. OCHS: Let me –
COMMISSIONER McDANIEL: Dr. Yilmaz left.
MR. OCHS: Yeah. I think there's a combination over time of
additional water storage tanks there.
January 14, 2020
Page 84
COMMISSIONER TAYLOR: All right.
MR. OCHS: Water treatment opportunities there.
COMMISSIONER TAYLOR: And the business center runs the
entire south, okay. Then I'm comfortable with that.
MR. YOVANOVICH: Yes.
COMMISSIONER TAYLOR: Then the other thing that we
discussed, please, is the Deviation 6, which has to do with a sign.
MR. YOVANOVICH: And my client has looked at that and has
actually designed the sign to meet code.
COMMISSIONER TAYLOR: So it's not --
MR. YOVANOVICH: We don't need the deviation anymore,
correct?
COMMISSIONER TAYLOR: You don't need the deviation?
MR. YOVANOVICH: Correct.
COMMISSIONER TAYLOR: So we're going to go over what
you still want to have deviated?
MR. YOVANOVICH: That's the only deviation we're dropping.
COMMISSIONER TAYLOR: All right. We're going to go
back to code. All right. That was a large sign they wanted to put on
the property.
Is there any restriction to building a sidewalk along the south
side of Manatee by the developer?
MR. YOVANOVICH: There is one on the south side of
Manatee right now.
COMMISSIONER TAYLOR: I thought it was on the north
side, but forgive me. Just to have sidewalks --
MR. YOVANOVICH: It's on the south side, which is our side
of the property.
COMMISSIONER TAYLOR: Which is -- abuts your property.
MR. YOVANOVICH: Right.
COMMISSIONER TAYLOR: Okay. Thank you.
January 14, 2020
Page 85
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: Yes. A couple more things but,
first of all, it's not that I'm against this. Please, in case you're trying
to defend it. I'm not. I'm just trying to ensure the safety of the kids
that are going to be on this street. And the people right now have
difficulty getting in and out. They have difficulty even getting out
onto 951. It's not that I'm against this project. I'm just trying to make
it safer.
Anyway, right next door to this there's another piece of propert y,
and they're planning on building 800 units. And I just -- according to
my map here, I just want to -- let me see if I can find out what it's
even called. Eight hundred units, yes. That's -- oh, I can't even
pronounce it. But anyway, we have to really talk with staff about that
project later on. I'm sorry to use your time, but...
MR. YOVANOVICH: That's okay. I was just trying to figure
out where that might be.
COMMISSIONER FIALA: Huh?
MR. YOVANOVICH: I'm just trying to figure out where that
800-unit project might be.
COMMISSIONER FIALA: Oh, I'll give you my map and show
you. Anyway, I'm just trying to make this safe. That's the only thing.
I think D.R. Horton's a good company. I want to see them go ahead.
I think they're reducing it greatly, which desperately needed to be
done. I'm trying to get it as --
MR. YOVANOVICH: And we understand that, Commissioner,
but at the same time, in 2005, when this consortium of property
owners came together to fund the improvements that you currently
have, there was an agreement that basically said, on this piece of
property we would get 483 units.
So it's hard for the person who signed the contract, fulfilled
those obligations to come back and say, I did everything you've asked
January 14, 2020
Page 86
of me, and now you want to take some of that back. I mean, it was
planned -- it's been planned to be 483 units since 2005. It's going to
go down to 298 units unless something really bad happens in the next
couple of weeks.
So I think what you're getting is you're actually ge tting the
reduction in density you're asking for; not as far as you'd like it to go,
but you're getting the reduction in density. There's a sidewalk in
place on our side of the street that would get any children safely to
the school, the two schools, the elementary and the middle school,
and we hope that you can support the petition and the ultimate
reduction in density with the revisions we just talked about regarding
the timing and getting rid of the deviation, and the preserve would
stay -- the setback would stay in place unless we close.
CHAIRMAN SAUNDERS: Let's move to the public speakers.
MR. MILLER: Your first public speaker on this item is Al
Duffy. He'll be followed by John Jenkins.
MR. DUFFY: Good morning, Commissioners. Al Duffy. I'm
the president of Gulf Winds East, the three-story condo that's on
Manatee Road.
We echo what Commissioner Fiala says, and I want to thank you
for standing up. We're concerned because this development is going
to impact Manatee Road severely. It's over transportation. We don't
have any room to expand on it, and adding any additional homes or
residents is going to impact the traffic greatly to Manatee Road.
Looking at that picture there, what -- actually, I have a petition
from my members, my residents, if I can submit it for you three.
CHAIRMAN SAUNDERS: If you'll hand it to the County
Attorney, he'll get it to us. Thank you.
MR. DUFFY: Has there been any thought -- and, again, we're
not totally against the whole project, but has there been any thought
of buying some of the land around the outlets and making the
January 14, 2020
Page 87
entrance and exit off Collier Boulevard, which won't impact Manatee
Road, and just putting a wall around Manatee Road and all that?
Because like I said, this project is really going to increase the traffic,
and you really can't put any more vehicles down Manatee Road as it
is.
And, like Commissioner Fiala said, we can't widen south or
north, because if you go to the north, the people in the mobile home
park, they're going to be stepping right out in traffic. If you come
back south towards where our property is, you're going to eliminate
the sidewalks where the children and pedestrians go, and you have no
safety at all, and you're going to have no buffer.
I assume this is going to be a gated community? I assume it's
going to be a gated community?
MR. YOVANOVICH: We don't normally respond to the public.
CHAIRMAN SAUNDERS: Yeah. Mr. Yovanovich, if you
could just answer that question quickly.
MR. YOVANOVICH: Yes, it will be a gated community.
MR. DUFFY: And you're going to go within the five -car rule
and all that stuff, the setback that you have to have?
MR. YOVANOVICH: We have not asked for any deviations
from what the setback is from the gates.
MR. DUFFY: Okay. No, that's fine. I didn't mean to --
CHAIRMAN SAUNDERS: That's all right. You've got a
couple minutes left.
MR. DUFFY: Yeah. Like I said, I think if it's possible that your
developing [sic] can purchase some of that property, maybe, and
come back off Collier Boulevard, if you can see where I'm talking
about, right around by the outlet stores there. I don't know if that
property is for sale, because I know there's like 40 acres, I think it is
roughly. So maybe you can look into buying that. It's not going to
have an impact on Manatee Road at all, and you could come in
January 14, 2020
Page 88
through Collier Boulevard, which is a commercial roadway.
CHAIRMAN SAUNDERS: Thank you.
MR. DUFFY: Thank you for your time.
MR. MILLER: Your next speaker is John Jenkins. He will be
followed by William Douglas.
MR. JENKINS: My name is John Jenkins. I'm a resident of
Riverwood Estates. On this map that you have here, I live right here.
I live right there.
In full disclosure, I'm also running for Collier County
Commissioner for District 1, which this is in.
This project is going to significantly alter the character of the
neighborhood. As long as we're being -- you know, everyone's
worried about progress. No one wants this to become Miami or the
East Coast, but progress is going to happen. As long as we're being
smart about progress and we're being -- we need to be good stewards
about the future.
Affordable workforce housing is paramount in all of Collier, and
it's really going to fall upon Districts 1, 3, and 5 to take leadership
roles in providing affordable workforce housing for this county.
Geographically, that's just the way it is.
We need to balance that progress, though, between conservation
and responsibility to future generations.
D.R. Horton, I believe, is a said good steward. I've had
conversations with the principals, and they've assured me that they
have every intention to be good neighbors and work with the
neighbors to address the concerns as they arise. D.R. Horton has
already reduced the density and this is -- you know, I live in this
neighborhood, and at several moments today we've been referring to
mobile homes. These are not mobile homes, folks. These are
manufactured homes. These are 55-year-old and older communities.
This is not a mobile home park. These are where people live.
January 14, 2020
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They have everything that they own in their homes. Riverwood
Estates, they own their properties as well. It's not land lease. It's not
co-op.
D.R. Horton has already reduced the density. That is a
significant compromise on their part. We could be looking at
400-and-some-odd units, and now we're looking at 298. They have
made every effort in design and several efforts made to make the
project as amiable as possible to the neighborhood.
I personally feel, after my initial hesitation to this project, that
Enbrook and D.R. Horton will be a welcomed addition to the
neighborhood, and I look forward to working with them as a
neighbor, and I really feel that this project is the best possible
outcome for this property. It could be so, so much worse, and we
have a good partner with D.R. Horton coming into the neighborhood.
CHAIRMAN SAUNDERS: Thank you, Mr. Jenkins.
MR. MILLER: Mr. Chairman, your final speaker on this item is
William Douglas.
MR. DOUGLAS: For the record, my name is William Douglas.
Yes, I am running for Collier County Commissioner also, District 1.
Lived in the area for 34 years; worked for 30, okay. I am not
against the project. I have to mimic Commissioner Fiala and her
concerns, and it's possible reducing it a little more.
If you have not had the chance to drive down Manatee Road at
any given time of the day, especially during school or when they're
picking up trash, the road is narrow. Worked it, traveled it many
times, unfortunately, as being a first responder.
Adding more congestion to it, right along with the development
that's coming in at the end of 41 and Manatee, and them using
Manatee maybe to skirt down towards the other end, and -- it's just
going to be a bad omen for the kids on the sidewalk, someone drifting
off the road.
January 14, 2020
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North side of the road, if you haven't been there -- and I'm
concerned of the residents and their life safety. They live on the
street. They pull in. They back out. Their mailboxes are right on the
street.
I live on a busy street myself. Mai lboxes get taken out, and
people do get hit on sidewalks. It is -- it's not a real -- you know, it's
a safety concern in my eyes.
I'm not against the project. They did a phenomenal job reducing
the density already. But, you know, please keep in mind, possible to
reduce it just a little more maybe for safety and the little less traffic.
So, thank you. Appreciate it.
CHAIRMAN SAUNDERS: Thank you. We will close the
public hearing. Commissioner Fiala?
COMMISSIONER FIALA: Yeah, just a quick question and that
is, with the school, are the gates to the school locked all the time, or
can they -- I'm sorry? Are the gates locked all the time, like during
the weekends and everything, or does that allow access to get to
U.S. 41? You know, most of the schools do lock down, and I didn't
know about this one, because it would provide access to U.S. 41 if
they're not locked. But I don't know how good that is for safety for
the schools.
MR. YOVANOVICH: I believe that's now a county road, so I'm
going to defer to the county staff to answer the question. As to
whether or not the gates are locked on that road or not, I don't think
they are.
UNIDENTIFIED SPEAKER: The gates are never locked.
CHAIRMAN SAUNDERS: Okay. We're not going to have any
comments out of the audience like that.
MR. YOVANOVICH: So I'm going to defer to staff on that
question.
MS. SCOTT: Good morning, Commissioners. For the record,
January 14, 2020
Page 91
Trinity Scott, Transportation Planning manager.
Recently, the county entered into an agreement with the sch ool
to take over Manatee Road. The gates still exist. We're working with
the school to have them removed. But they do not close those gates
right now. So folks would have access to be able to get out to U.S.
41.
COMMISSIONER FIALA: Okay. So that gives us another
access point then that, you know, we haven't discussed at all. And it
just dawned on me that maybe there's another access so that these
people can get in and out of their community.
Okay, fine. The last thing is, just a comment, and that is, there
is no ability to widen that road at all. So everybody that lives there is
dependent on using that road, but maybe there's a way to skirt around
it a little bit to U.S. 41.
MR. YOVANOVICH: Commissioner, Justin just mentioned to
me that they could -- they could construct their entrance in a manner
to -- traffic that leaves the project can only go -- they can't go right.
They can only go left to 41, correct? I keep getting it backwards.
951, they can go a left out instead of going to the right pa st the
school. Did I get that right?
CHAIRMAN SAUNDERS: All right. Are there any other
questions from the Commission?
COMMISSIONER FIALA: No. I'll just make one comment.
And we discussed it thoroughly at our East Naples Civic Association
meeting. And after all is said and done, they felt that we could do
whatever we could to help make it a safer community but not to deny
it.
CHAIRMAN SAUNDERS: Okay. Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. Well, I'd like to go
ahead and make a motion for approval subject to the adjustments that
the applicant has made with regard to the timing.
January 14, 2020
Page 92
I understand Commissioner Fiala trying to move it ahead a little
bit to take away that density. But in the real estate world, we're
dealing with property rights, development rights that are already there
and existent. And I think we've made as much improvement to a
circumstance that is concerning as we possibly can.
I certainly understand your request for the additional density
reduction, but that would preclude the current purchaser from going
forward with the transaction, just because the cost per unit goes up
when you reduce by that 100 units. And we are reducing almost 200
units out of this project by having this approval.
And as long as we're okay with the language adjustment for the
closing -- because at the closing, when D.R. Horton actually closes
on the site, the zoning -- or the density reduction actually is
effectuated.
MR. KLATZKOW: And -- because we're going to have to
adjust the ordinance. Just for the record, if we could have those
changes set forth, they could be made part of the motion.
CHAIRMAN SAUNDERS: All right. So the County
Attorney's asked that you go through the list of changes as part of the
motion.
COMMISSIONER TAYLOR: Thank you. Thank you.
MR. YOVANOVICH: Okay. As I understand what we
proposed is that this provision up here would be revised to say the
density is reduced at closing instead of at platting. That's one
modification we'll make.
The second one was the 100-foot-wide setback doesn't become
effective until the density is reduced. At that point, then our master
plan would become effective. So you'd still have your 100 -foot-wide
until the density is reduced to the 298, and then our master plan and
proposed plat that I showed you would be allowed to move forward.
I think -- and we also agreed to give up the deviation on the sign.
January 14, 2020
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Those were the three things.
COMMISSIONER TAYLOR: Deviation 6 is removed.
MR. YOVANOVICH: That's right. The sign deviation goes
away. Those are the three modifications, plus what I showed in the
record, and I've already provided it to staff, that I've walked you
through would be the conditions that would change.
COMMISSIONER TAYLOR: And the height.
MR. YOVANOVICH: The height was already what I showed
you and had been provided to staff. It would not exceed two stories.
COMMISSIONER TAYLOR: Two stories or --
MR. YOVANOVICH: It's 35 feet zoned, 40 feet actual, not to
exceed two stories.
CHAIRMAN SAUNDERS: All right. We have a motion. Is
there a second?
(No response.)
CHAIRMAN SAUNDERS: I'll second the motion to get it
started here. Any discussion on the motion?
COMMISSIONER FIALA: Just one thing.
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: Where was the coastal high hazard
area figured in this?
MR. YOVANOVICH: This project went through the zoning
reevaluation process in the early '90s, and through that zoning
reevaluation process, the property was rezoned to RMF-16 with a
density cap of eight units per acre.
So through that zoning reevaluation process, the density was
established at eight units per acre, which yielded the 526. So the
coastal high hazard provisions do not apply to this parcel of property.
CHAIRMAN SAUNDERS: All right. Any other questions?
Any other comments? If not, I'll call for the vote. All in favor of the
motion, signify by saying aye.
January 14, 2020
Page 94
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: Passes unanimously.
MR. YOVANOVICH: Thank you.
CHAIRMAN SAUNDERS: All right.
Mr. Manager, I don't think we're going to be able to finish this
agenda before lunch, I think we've got -- in terms of skipping lunch.
I don't think we can do that. Would you agree that it's going to take a
little bit of time?
MR. OCHS: Yes, sir.
CHAIRMAN SAUNDERS: All right. So why don't we see if
there's anything we can -- let's do the "bear wise" issue, and then
we'll break for lunch. That's Item 11F.
Item #11F
RECOMMENDATION TO OFFER RESIDENTS GRANT
FUNDED, CURBSIDE BEAR-RESISTANT SOLID WASTE
CONTAINERS, AS DEFINED IN THE ADOPTED BEARWISE
ORDINANCE, AT A SUBSIDIZED COST WITH DEPLOYMENT
PROVIDED BY WASTE MANAGEMENT, INC., OF FLORIDA
THROUGH A MEMORANDUM OF UNDERSTANDING –
MOTION TO APPROVE STAFF’S RECOMMENDATIONS –
APPROVED
MR. OCHS: Yes, sir. This was previously Item 16C3 on your
January 14, 2020
Page 95
consent agenda. This is a recommendation to offer residents
grant-funded curbside bear-resistant solid waste containers as
adopted in your "bear wise" ordinances at a subsidized cost with
deployment provided by Waste Management, Incorporated, through a
memorandum of understanding.
Ms. Kari Hodgson will present.
MR. MILLER: I do have one registered speaker for this item.
MS. HODGSON: Good almost afternoon, Commissioners. My
name is Kari Hodgson, your director for Solid Waste Management.
I'd like to thank you for your continued support with the
approval of the ordinance language incorporating the "bear wise"
initiative and also appreciate the collaborations with the Florida Fish
and Wildlife Commission as well as the Conservancy and the
franchisee, and we look forward to a continued effort.
I have prepared a presentation for you today; however, if you
have specific questions, we'd be happy to answer them. I do have the
Florida Fish and Wildlife folks here today.
CHAIRMAN SAUNDERS: I don't think we need a
presentation.
MS. HODGSON: Sure.
CHAIRMAN SAUNDERS: I do think we need some
determination as to where these are going to go. I think that's the
reason that we're having this conversation.
We did have one registered speaker that I think can elaborate on
that.
MR. MILLER: Yes. Your speaker is Gladys Delgadillo.
COMMISSIONER FIALA: Do we get to see how it works?
COMMISSIONER TAYLOR: Do we have a bear?
COMMISSIONER McDANIEL: Did you just call me a bear?
Because I'll demonstrate --
COMMISSIONER TAYLOR: I did.
January 14, 2020
Page 96
COMMISSIONER McDANIEL: -- if you want.
COMMISSIONER FIALA: You kind of look like one.
CHAIRMAN SAUNDERS: Gladys?
MS. DELGADILLO: Gladys Delgadillo on behalf of the
Conservancy of Southwest Florida.
I want to thank Commissioner Saunders for pulling this item
from the consent agenda to allow for further discussion and for all of
your consideration.
So this agenda item is about distributing 214 subsidized
bear-resistant cans. And the Conservancy has also really enjoyed
working with staff and FWC on this item, and we just feel that with
such a limited supply of these cans, the distribution should be
prioritized to the areas of Collier County experiencing the most
human-bear conflict.
It just doesn't make sense for residents who have never even
seen signs of bears in their neighborhoods to have equal access to
these cans as residents dealing with bears in their trash every single
week.
So we ask that you please direct staff to utilize data provided by
the Florida Fish and Wildlife Conservation Commission to amend
this proposal. The new draft should ensure that subsidized
bear-resistant carts go to the areas of Collier County where they can
reduce bear-human conflict and provide the most protection from the
public-safety issues these conflicts pose.
So thank you again, and thanks to staff, and we look forward to
continuing to work with everyone moving forward.
CHAIRMAN SAUNDERS: Commissioner Solis.
COMMISSIONER SOLIS: Just in reference to the data.
MS. HODGSON: Sure.
COMMISSIONER SOLIS: Is there any way you can pull that
data up or --
January 14, 2020
Page 97
MS. HODGSON: Sure. I can put it on the visualizer. And I'll
let Mike Orlando from the Fish and Florida [sic] Wildlife
Commission speak to it.
COMMISSIONER SOLIS: I think there's some -- you know, if
there's areas that we don't want the bears going into, then it would
seem to make sense to me to emphasize that that's where we want
cans. But if there's some reasoning not to do it that way, then I want
to understand that.
MR. ORLANDO: Good morning or -- yes, good morning, still.
Mike Orlando, again, Florida Fish and Wildlife. I'm the assistant
bear program coordinator. I've met with you-all before on this item.
And so we also agree -- we've been working with staff and the
Conservancy to try to figure out how to roll these cans out and
impact -- so it would impact the ordinance that you guys thankfully
approved.
So basically what we did was we actually created some priority
areas where, historically, we would have bear problems, and we
likely still have the highest number of bear conflicts related to
garbage. But, over time, folks just, you know, start taking care of
their garbage and dog food and bird seed, and then they just stop
calling the agency.
So we know that those things are going on out there. We know
that the conflicts are still happening out there. And so what we
would suggest is to actually try to prioritize where these cans would
be the most efficient. And the Golden Gate Estates area as a whole is
kind of the buffer between Big Cypress, where the bears are being
produced for the most part, and then they're going to hit that area of
the county first before they move into some of the other zones that
we've outlined on a map or those data are shown on the screen.
CHAIRMAN SAUNDERS: Anything else, Commissioner
Solis?
January 14, 2020
Page 98
COMMISSIONER SOLIS: Yeah. I mean, just an observation
that the data on priority -- so Priority 1, Priority 2, Priority 3, boy,
there was only two interactions at Tarpon Bay? That bear must have
run into a lot of people, because I've gotten a lot more emails than
just two.
MR. ORLANDO: Right. So -- and, again, some folks just stop
calling us. When they call the agency and we ask them to keep your
garbage secure or your bird seed, and then they're -- most likely the
next thing is to send you an email or a phone call to ask for some help
there.
These are also garbage-related calls. Not calls overall. So the
number would, on average -- our area bear biologist, Chris, actually
is in the front here. He's going to end up taking between 700 and
1,000 calls for the south BMU, which does include, like, Lee County
as well. But half of that is going to be garbage related.
COMMISSIONER SOLIS: And my last question is, in this
analysis, is there some thought given to the kinds of areas that we're
talking about? I mean, obviously, the Est ates is very rural, spread
out, lots of habitat.
MR. ORLANDO: Right.
COMMISSIONER SOLIS: You know, my question relates to,
for example, Tarpon Bay, which is in the urban area where there's a
lot of people, and now there are several bears that are living in the
preserves around. I mean, how do we prioritize that, just because it's
an open area as opposed to a rural area.
MR. ORLANDO: Well -- so one of the great things about the
ordinance that you passed is it does not require people to have
bear-resistant garbage cans. So the garbage cans that we helped fund
are -- what we hope is to go to the folks in the most needed -- if you
guys decide to go with first come, first serve, we're here to help with
that as well. But when we're asked if there should be a priority area,
January 14, 2020
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we would suggest that, that these cans go to those areas that would
have the most impact.
The folks in Tarpon Bay have -- they could also get cans at
some point in time because the ordinance, while it doesn't require it,
leaves it open for folks to buy their own cans or some support from
the county, so...
COMMISSIONER SOLIS: And that's actually really -- I'm just
using that as an example. It's a bad example because that's a
condominium association. They've done everything they could with
their big dumpsters. I don't even think they have these cans, so...
MR. ORLANDO: Yeah. I don't think anybody in the county
actually has these cans.
COMMISSIONER SOLIS: No, no. I mean individual trash
cans.
MR. ORLANDO: Oh, correct. I'm sorry. Yeah.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I had actually made that
mention when I was talking with staff yesterday about some kind of a
prioritization with regard to the dissemination of these cans in hopes
that the successes that are garnered from the issuance of these cans on
a voluntary basis would provide for positive results.
And, you know -- I think, I mean, those of us that live in the
east, we're kind of used to the bears. I mean, they're there. We're
living in their backyard. And if you don't want to have to pick your
trash up two or three times, don't put it out.
And, I mean, literally, the game trail cameras that are out east of
Golden Gate Estates where the old Ford test track was, they can tell
when trash day pickup is because the bears are coming in out of the
preserve, cutting across and coming into Eastern Golden Gate
Estates.
And I had suggested yesterday, Commissioner Solis, that we
January 14, 2020
Page 100
maybe try to put some kind of prioritization on these cans being in
the urbanized area. Those folks are less expectant of having a bear
show up, Yogi and Boo Boo, who are out looking for their "pic a nic"
basket. And if that could be done, fairly, at the same time, you
know -- because I don't know -- you know, equitably, it probably
makes the most amount of sense to do it on a first-come, first-served
basis, and then hope that we can induce the folks at the State to come
up with some more funding to assist because we're actually receiving
positive benefits from that. But I don't know from an equitable
standpoint. Kari?
MS. HODGSON: Sure. So one of the things that the
commissioners, you have said in a lot of your previous meetings, is a
lot of this is about the education and the outreach, and we've had a
great collaborative relationship with the Florida Fish and Wildlife
and the Conservancy. Again, the ordinance allows for anyone to own
a cart or modify a cart. So we have a draft website here that -- if it
comes up -- that will show -- hurry up, computer.
COMMISSIONER McDANIEL: Troy's hitting buttons.
MS. HODGSON: There we go. Sorry.
So this is all a draft website that we would have up. It would
have links to the FWC that has a PDF as well as a video that shows
people how to modify their existing waste container to make it bear
resistant. So by offering on a first-come, first-serve basis, that
approach is consistent with your guidance for the voluntary approach.
If people don't want to purchase a container, they can modify
their can. The instructions will be on the website. We've
collaborated with FWC to talk about areas that we could go out and
talk to people about how the cans are available. That information
would be on the website as well.
So staff recommends the first-come, first-serve approach to
remain consistent with the ordinance language for it to be voluntary.
January 14, 2020
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And we could work collaboratively to make sure that everybody's
informed of what they can do with their containers or how to
purchase a container.
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: Yes. Are you focusing a little bit
on the mobile homes that are on the outskirts of the Everglades? We
have them a lot here. And you've seen news stories where the bears
are raiding their garbage cans, because they don't have a garage to put
anything in, only -- what do they call that? A lean-to or something.
Carport. Thank you. Yes, that's all they have.
So then they put them on their patio, and I'm sure you read this
one where the bears broke into the patio through the screen to get that
garbage. So I thought, well, you know, I think those people would
especially need them. But you'd have to find a way to let them know
that you have these things either, for help, if they can't purchase them
themselves or, you know, some type of a cooperative effort, because I
think that's a strong place for them. I was amazed to see how many
are coming out of East Naples. I mean, I thought it was all in other
areas. That was really a surprise.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. I'd like to make a
motion for approval as recommended by staff.
COMMISSIONER FIALA: Second.
CHAIRMAN SAUNDERS: And the last time we discussed
this, the manager pointed out that he was smarter than the average
bear. Do you agree with the staff recommendation? I just want to
make sure that our --
MR. OCHS: Yes, sir.
CHAIRMAN SAUNDERS: -- average -- smarter than average
bear is --
COMMISSIONER FIALA: I like that.
January 14, 2020
Page 102
MR. OCHS: Partner Boo Boo also agrees.
CHAIRMAN SAUNDERS: Any further conversation? Any
discussion on the motion?
(No response.)
CHAIRMAN SAUNDERS: We have a motion and second. All
in favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: Passes unanimously.
We'll break for lunch until 10 minutes after 1:00.
(A luncheon recess was had from 12:05 p.m. to 1:10 p.m.)
CHAIRMAN SAUNDERS: I'll call the meeting back to order.
Mr. Ochs.
Item #9B
RESOLUTION 2020-16: RECOMMENDATION TO APPROVE
THE SINGLE PETITION WITHIN THE 2018 CYCLE 3 OF
GROWTH MANAGEMENT PLAN AMENDMENTS FOR
TRANSMITTAL TO THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY FOR REVIEW AND COMMENTS
FOR AN AMENDMENT SPECIFIC TO THE HAMMOCK PARK
COMMERCE CENTRE CPUD IN THE NORTHEAST
QUADRANT OF THE MIXED-USE ACTIVITY CENTER #7 AT
THE INTERSECTION OF RATTLESNAKE-HAMMOCK ROAD
AND COLLIER BOULEVARD – ADOPTED
January 14, 2020
Page 103
MR. OCHS: Mr. Chairman, that takes us to Item 9B on this
afternoon's agenda. This item was continued from your
December 10th, 2019, board meeting. It's a recommendation to
approve a single petition within the 2018 Cycle 3 of the Growth
Management Plan amendments for transmittal to the Florida
Department of Economic Opportunity.
And this amendment is specific to the Hammock Park
Commerce Center CPUD in the northeast quadrant of the mixed-use
Activity Center No. 7 at the intersection of Rattlesnake Hammock
Road and Collier Boulevard.
And, again, Commissioners, I'll remind you this is a transmittal
hearing.
CHAIRMAN SAUNDERS: Mr. Yovanovich.
MR. YOVANOVICH: What happened? There it is. Sorry.
Good afternoon. For the record, Rich Yovanovich on behalf of
the petitioner.
I have several people here with me that can answer any
questions that I don't know the answers to. I've got David Torres and
Gary Haynes, who represent the owners of the property; Alexis
Crespo, our professional planner; Micah Jackson, our engineer ;
Norm -- is he back? There he is -- Norm Trebilcock; Bethany
Brosious is our environmental consultant; and Russ Weyer is our
economist on this.
Before you, you have a transmittal hearing for an approximately
19-acre parcel at the northeast quadrant of Rattlesnake Hammock and
Collier Boulevard. The property is currently zoned for up to 160,000
square feet of retail and office uses.
The request is to add up to 265 multifamily rental dwelling units
to the project. To put the project in content -- or context, the parcel
that's on the southeast quadrant of this intersection is also in the
January 14, 2020
Page 104
activity center. That property is within the Hacienda Lakes DRI.
That DRI has over 300,000 square feet of retail and office use
associated with that DRI. And there's other approved retail and
office in that area as well.
Our request is to modify the activity center to allow 265
multifamily units within this quadrant. We are processing
concurrently a PUD amendment to the PUD to also allow for the 265
multifamily rental units.
This is one of two activity centers in Collier County that doesn't
have the standard density of 16 units per acre. This is in the urban
infill which allows one-and-a-half units per acre, and you got to
two-and-a-half by buying a TDR. So we got -- we would get to the
two-and-a-half by buying the TDR, and then we're asking for the
additional density for apartments.
We have had several --
COMMISSIONER FIALA: Could you say that again, please,
with -- what it was, what you've changed it to, and what it allows and
so forth.
MR. YOVANOVICH: Sure. Under the current activity center
designation for this activity center, since we're in the urban
residential landfill, you have a base density of 1.5 units per acre. You
can buy another TDR to get to 2.5 units per acre.
So we would buy a TDR -- 19 TDRs to get us to the 2.5, and
then the additional density would be through this Comprehensive
Plan amendment to provide multifamily apartments.
We have received a staff recommendation of approval. Again,
we have to do a market analysis to determine is there still a market
for multifamily apartments. Staff agrees there's still a shortage of
apartments.
Your Planning Commission also recommended approval. We
agreed to certain additional commitments to be in corporated into the
January 14, 2020
Page 105
PUD when the PUD comes back. We presented, essentially, both
items to the Planning Commission. Didn't get into as much detail in
the PUD yet because it was premature to do that. But we did get into
a rather lengthy discussion about what we would agree to or not agree
to as part of the project.
For some reason I feel like I'm out -- one more. There we go.
That's what threw me off.
We agreed at the PUD stage that we would commit to minimum
of 20,000 square feet of commercial within the PUD, and we would
also agree that a minimum of 5,000 square feet would be a sit -down
quality restaurant.
The residents, when we met with them at the neighborhood
information meetings and when we went to the East Naples Civic
Association, were concerned about premature conversion of retail
and office and not having what they really wanted was restaurants in
that area, and we committed to that.
David Torres, George Bauer, if I go back to the very first slide,
you'll see they have heavily invested in acquiring land in that area.
They have the Hacienda Lakes DRI, they have this property, and they
have other properties in the area.
So they've committed to that quality sit-down restaurant. And
we also presented to the East Naples Civic Association their vision
for the commercial on the south side of the Rattlesnake
Hammock/Collier Boulevard property where there's another 300,000
square feet. So what really will help a restaurant be successful is
more rooftops. That's going to be the draw to get restaurants there.
So we have had a positive recommendation from the East
Naples Civic Association for this project. We went back to them
again last week, so we recently presented to them again, and they
brought a motion forward to recommend approval of the project.
CHAIRMAN SAUNDERS: Mr. Yovanovich, just one minute.
January 14, 2020
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Commissioner McDaniel.
COMMISSIONER McDANIEL: Well, he can finish the
presentation. It was a question.
MR. YOVANOVICH: You can go ahead, Mr. McDaniel, if you
want to.
COMMISSIONER McDANIEL: No. I just -- the clarification
that I want, you said you're asking for an increase in density. Didn't I
read in here that there was a reduction in commercial space and
equivalency with regard to the traffic and the like?
MR. YOVANOVICH: Yes. What ends up happening is, when
we bring the PUD back, we're staying with the same trip cap that's
already associated with the retail and office. The reality is staff asked
us to do -- how many square feet would we have to reduce, retail and
office-wise, for it to be net neutral. That was only roughly a 12- or
13,000-square-foot reduction. The reality is, is when we build the
265 units, it's going to be a much greater reduction of the 165,000
square feet than that net neutral.
So over -- there will be a significant reduction in traffic as a
result of converting retail and office to the multifamily use.
COMMISSIONER McDANIEL: Just so I'm clear with my
thoughts -- and, again, you are buying TDRs in order to increase your
density, and you are converting commercial to residential in this
request as well. So there's -- there's not a diminishment of value –
MR. YOVANOVICH: Correct.
COMMISSIONER McDANIEL: -- of those TDRs. You know
I've expressed regularly a concern for the folks that own those.
MR. YOVANOVICH: Yes, you have. We are consistent with
the TDR program. We're not trying to get out of buying any TDRs
through this program. We will buy what we have to buy under the
current program.
Another thing that came up at the Planning Commission hearing
January 14, 2020
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was -- which is essential service personnel housing. And the
Planning Commission asked us if we would do something similar to
what Stock did for Allura, but they were concerned if we served the
80 percent or less category, we would actually price out teachers and
nurses. So what we committed between transmittal and adoption, we
would -- we would research what are the starting salaries for
firefighters --
COMMISSIONER TAYLOR: We have that information for
you. I can put that on the record.
MR. YOVANOVICH: I know. And you gave it to me.
COMMISSIONER FIALA: I want to hear what he has to say.
MR. YOVANOVICH: So we were -- we said we committed
that we would, between transmittal and adoption, research what do
starting teachers make, what do firefighters make, what do police
officers make and sheriffs' deputies. We've started that research
process. And the reality is people who are in those professions
actually make between 80 and 100 percent of the median salary.
So if you were to do exactly what Stock did, which was the
80 percent or less, you wouldn't be serving those populations.
We're not comfortable yet that we've completed the total
research in starting salaries, but we did commit that when we got
back to the Planning Commission, we would go ahead and we would
address that. So it may be that we come back at the 100 percent or
less so we make sure we are providing housing for firefighters,
nurses, teachers, and the like.
With that, we really have not had any opposition to what we're
proposing. I think the community likes what we're proposing. We
would like to get transmittal and come back and address, during the
adoption phase, the commitments we made with regard to essential
service personnel, and those would be in the PUD as that comes
forward to you at adoption.
January 14, 2020
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CHAIRMAN SAUNDERS: Commissioner Taylor.
MR. YOVANOVICH: That's it.
COMMISSIONER TAYLOR: Okay. So help me, because
math has never been my strongest subject. But what I'm
understanding is the underlining zoning allows for 1.5 residential
units per acre; is that correct?
MR. YOVANOVICH: 2.5.
COMMISSIONER TAYLOR: 2.5., if you buy the extra --
MR. YOVANOVICH: TDR, right.
COMMISSIONER TAYLOR: Okay. But you would buy --
MR. YOVANOVICH: We're trying it.
COMMISSIONER TAYLOR: What is -- are you allowed
without buying the TDR?
MR. YOVANOVICH: 2.5 units per acre times -- it's
approximately 20 acres.
COMMISSIONER TAYLOR: Twenty acres. So I got -- well, I
did it -- okay. So I did -- it's 58 units you're allowed, right? About
58.
MR. YOVANOVICH: I think it's roughly 48 to 50 is the
number.
COMMISSIONER TAYLOR: Fifty, okay. And so you're
asking for 600 -- or 265, right?
MR. YOVANOVICH: Yes.
COMMISSIONER TAYLOR: So what are you doing for the
balance that you're asking for? Because what I've got is 207 units,
and now you're saying you're going to maybe put it in essential
service personnel, but I understand that, some of them. But it's just,
why are you not buying TDRs for the 207?
If I subtract what you bought TDRs for and what you're allowed,
which was -- I said it was 58, from 265. And, again, math is not my
greatest subject -- I get a balance of 207 units.
January 14, 2020
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MR. YOVANOVICH: Right. And if I also understand what the
commission has said to developers, we really would like you to f ind a
way to provide needed housing for essential service personnel. And
what we're proposing is a program to provide needed housing to
essential service personnel.
So you've asked developers to find a way to do this, I think your
words are, inclusionary zoning, and you've got a developer coming
forward that is willing to do that. And the only way to do that is
through this Growth Management Plan amendment. So we're
respecting the TDR program and not devaluing that program, and
we're coming forward with a program that will provide, additionally,
essential service personnel housing.
COMMISSIONER TAYLOR: But I think the program we have,
our affordable housing program, says that we would reward
developers for extra density if they build for affordable housi ng,
understanding that my colleague to my right is concerned about that.
I'm not suggesting that that happen. It's not essential service
personnel. It's affordable housing.
The greatest need we have is for the low income, according to
the latest information from our Affordable Housing Department. I'm
not suggesting this happen. What I am saying is I think you need to
purchase more TDRs.
MR. YOVANOVICH: Okay. I respectfully disagree.
COMMISSIONER TAYLOR: And we have -- because we have
a, quote-unquote, broken program where TDRs are not being
purchased, and this is an opportunity to do it. But that's just a
concern I have with this.
MR. YOVANOVICH: And I will tell you that I've also heard
employers say that there's a shortage of housing for essential service
personnel as well. So I do think we're meeting a need for the
community, and that includes the school board, sheriff's department,
January 14, 2020
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and a lot of other employers that are looking for this type of housing.
COMMISSIONER TAYLOR: Are you prepared to give a
percentage of how much of the 207 units are going to go to essential
service personnel and be deeded as such?
MR. YOVANOVICH: We've already committed to the
Planning Commission the number of 48. That's there. And we were
talking about what were the -- right now we were talking 27 of those
units would be income restricted. That's what we were discussing.
And that would be in the PUD when it comes back, and then we were
talking about what would that income threshold be based upon the
data we collect for starting salaries.
COMMISSIONER TAYLOR: Okay. And I understand it, and I
know this is -- this is pretty far down the path. But, you know, I just
would respectfully remind you that you're not -- that the
understanding or the hopeful process by which affordable housing is
addressed in this community is between the county and the petitioner,
and that's where we have to look at what's needed, not what the
employers say. We survey the employers, and the employers say,
and our statistics say, it's the low -- it's the low end of the economic
level that needs the housing.
But given that, you know, I understand that the East Naples
Civic Association, that would be nothing that they'd want, and I
understand that. So that's why I'm suggesting that, perhaps, more
TDRs should be purchased.
And then I have a question for staff, but I can do that at a later
point.
CHAIRMAN SAUNDERS: All right. Commissioner Fiala.
COMMISSIONER FIALA: Yes. Thank you very much.
This is something that East Naples people have long waited for
was commercial, because we have very, very little. You're building
lots and lots and lots and lots of rentals and regular condos in East
January 14, 2020
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Naples. I don't know that we're building any in the City of Naples,
but we sure are building plenty in East Naples to accommodate all
these workforce people, all different categories. But we do need
commercial.
So you promised, and I want to see it on record and maybe a
date. You didn't promise -- somebody else did --
MR. YOVANOVICH: The property owner promised.
COMMISSIONER FIALA: -- that you were going to follow up
with commercial, and it was going to be quick. Do you have any
idea -- because we don't have much of anything along that whole
corridor.
MR. YOVANOVICH: Why don't we address the ti ming of
when we have to have the commercial in place as part of the PUD.
I'm not ready to tell you today what that date is. But we're in Phase 1
of the approval. So when we come back at the adoption hearing
when you have both the Comp Plan amendment and the PUD, we'll
be in a better position to talk about a not-later-than date for what was
promised.
COMMISSIONER FIALA: Even staff has mentioned, they
were surprised that East Naples Civic would even approve that
because we need commercial so badly, and even David admits that
we really do need it.
MR. YOVANOVICH: Oh, yeah.
COMMISSIONER FIALA: And we -- you know, because all of
these people that are going to live here, they all have to drive to
someplace to purchase their goods, whatever it is. And so w e're
looking forward to it.
And I'm going to vote for this but with the understanding that
we're not going to wait another three years or whatever; that the next
thing coming up is going to be the commercial that we need so badly.
And, yes, I might be leaving in November. Have you ever seen a
January 14, 2020
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thorn on your side? I'll be it.
MR. YOVANOVICH: I don't want to experience it, so we'll be
back before you could be a thorn. You'll still be here.
COMMISSIONER FIALA: Okay, good. All right.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I just would like to say a
comment with regard to Commissioner Taylor. At the beginning of
your statement you started off -- I presumed you started off by
saying, if we were treating this as a vacant t ract of land, they would
only be entitled -- I was watching you try to do your math over
there -- they would only be entitled to 50 or 60 units. I think it's
important -- how many TDRs are requisite for the 160,000 square
feet that are -- that is currently approved for this site?
MR. YOVANOVICH: Zero.
COMMISSIONER McDANIEL: And so that's just -- if we
were treating it as a vacant tract of land, that premise of how many
you would have and so on, I think, would be attributable. But it's
important to recall that there is permitting for 160,000 square feet of
office and retail. No TDRs are being consumed, and with this -- with
this conversion, we're holding, basically, a traffic neutral and
adding -- in my perception at least, adding value to the TDR progr am
in that consumption.
So I just -- when you started off, I heard you say what they
would be entitled to under the existent program, but they're entitled to
160,000 square feet of office and retail. So I just wanted to make
sure I was clear as well that that was, in fact, my understanding, so...
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: So both Commissioner Fiala and
Commissioner McDaniel teed me off quite well, thank you, to my
next question for staff.
Could we please explain, if I may do it at this point --
January 14, 2020
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CHAIRMAN SAUNDERS: Sure.
COMMISSIONER TAYLOR: -- what the concept behind an
activity center is and why these are very important and when this was
planned and why it was planned where it is. Thank you.
MR. WEEKS: Sure. For the record, David Weeks,
Comprehensive Planning staff, Growth Management manager.
Commissioners, the activity centers were part of the original
Growth Management Plan adopted in 1989. Commissioner Saunders
was present at that time. They're based on major intersections and
with a spacing criteria of no less than two miles apart. They were,
from day one, intended to be mixed use.
As they were proposed, as they were presented to the Planning
Commission and Board of County Commissioners, there were caps in
place for the amount of commercial that could be zoned within the
activity centers to ensure that they would be mixed use but,
ultimately, as they were adopted, an activity center could be zoned
100 percent commercial. But the goal still is to have a mixed-use
activity center, a mixture of commercial, of residential, civic,
institutional type uses.
COMMISSIONER TAYLOR: Okay. So in staff's opinion, this
meets that criteria?
MR. WEEKS: It certainly does.
COMMISSIONER TAYLOR: Good. Thank you.
CHAIRMAN SAUNDERS: Any other comments from the
Board? Questions?
COMMISSIONER McDANIEL: So you were part of the ZRO
that went down in 1990?
CHAIRMAN SAUNDERS: Yeah.
COMMISSIONER TAYLOR: I want to know. 1990?
CHAIRMAN SAUNDERS: Yeah.
COMMISSIONER TAYLOR: You were here for the rezoning
January 14, 2020
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of the 1992.
CHAIRMAN SAUNDERS: Yeah. I was seven-years-old,
and --
COMMISSIONER TAYLOR: You were part of it.
CHAIRMAN SAUNDERS: -- I didn't really fully understand
everything that was going on.
Any other -- any speakers?
(No response.)
CHAIRMAN SAUNDERS: All right. Is there a motion?
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SAUNDERS: We have a motion and second.
Any discussion on the motion? Any questions?
(No response.)
CHAIRMAN SAUNDERS: I'll call for the question. All in
favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: It passes unanimously.
COMMISSIONER TAYLOR: No, it didn't.
CHAIRMAN SAUNDERS: Oh, I'm sorry.
COMMISSIONER TAYLOR: Opposed.
CHAIRMAN SAUNDERS: You're opposed?
MR. YOVANOVICH: Thank you.
CHAIRMAN SAUNDERS: It passes 4-1.
COMMISSIONER TAYLOR: And before we leave this, if staff
would, I would like to have an overview, please -- and it certainly
doesn't have to be at our next meeting -- of the amount of square
footage of commercial that we're losing to residential in Collier
January 14, 2020
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County.
Thank you.
CHAIRMAN SAUNDERS: Mr. Ochs, we're on 11B, I think is
our –
Item #11G
RECOMMENDATION TO ADOPT A RESOLUTION
REPEALING ALL PREVIOUS RESOLUTIONS TO INCREASE
PICKLEBALL MEMBERSHIP FEES AND TO ESTABLISH A
FEE FOR NON-RESIDENTS IN THE COLLIER COUNTY PARKS
AND RECREATION DIVISION FACILITIES AND OUTDOOR
AREAS LICENSE AND FEE POLICY MOTION – TO CONTINUE
THE ITEM TO A FUTURE DATE AND BRING BACK
CONCESSIONAIRE AGREEMENT – APPROVED
MR. OCHS: Commissioner -- if we might Mr. Chairman, just
clean up Item 11G first, this pickleball membership fee issue, if you
don't mind.
CHAIRMAN SAUNDERS: All right.
COMMISSIONER TAYLOR: That's good.
MR. OCHS: Because I think we do have a speaker or two for
that pickleball item. This is Item 11G. It was previously 16D1 on
the consent agenda brought forward by Commissioner Solis, and it's a
recommendation to adopt a resolution to increase pickleball
membership fees and establish a fee for nonresidents in the Collier
County Parks and Recreation Division, facilities and fee policy.
CHAIRMAN SAUNDERS: Commissioner Solis.
COMMISSIONER SOLIS: Yeah. This was originally set for
the consent agenda. And I've had a lot of emails and concerns from
the folks up at Veterans Park because it specifically affects them.
January 14, 2020
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And I'd like to understand a little better, and I'd like for
everybody to understand a little better what the increase -- it's,
essentially, a 100 percent increase. It's doubling the fees to be a
member to play pickleball from the 50 to $100 for residents. And
we, not that long ago, went from 25 to 50.
And I want to understand the rationale behind that. I think it's --
everyone that plays there is concerned what that is. And, frankly,
what occurred to me also is if in the middle of this three -year
agreement that we currently have with the concessioner --
concessionaire, the revenue, essentially, is doubling for the
concessionaire as well, and what is that going to translate to in terms
of the level of service that -- or what's going to happen at the park? I
think that's a valid question that we need to make sure everybody
understands.
MR. WILLIAMS: Absolutely. Mr. Chairman, Commissioners,
Barry Williams, Parks and Recreation director.
Commissioner Solis, just to answer your questions, I just -- if I
could, just to walk you through –
COMMISSIONER SOLIS: Sure.
MR. WILLIAMS: -- a few slides. Let me get to the -- and,
Commissioner, just the mechanics of this, you do have agreement --
outsourced agreement for the pickleball play at East Naples
Community Park and Veterans Park. And part of that's driven by the
sheer fact of the numbers of people that have sought that sport out.
We've, in the -- historically, we've had staff there that have done
a lot of what Mr. Ludwig had done but, for example, last week at
East Naples Community Park, Mr. Carnell and I dropped by with
Commissioner Fiala, and there were 500 people there playing.
So it's grown into this phenomenon. It's hard to say it any other
way. Veterans Park you're seeing similar kind of numbers. You're
getting 250, 300 people that are showing up. So the concept of
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outsourcing this service is not foreign to us. And so we sought to do
that.
And so with that agreement there are provisions that allow for
the concessionaire to approach the Parks and Rec Division and ask
for an increase.
And so the context I would give you is -- and, Commissioner
Solis, you mentioned the $25 membership. A couple of years ago,
that was what we were charging people without anybody there,
without a concessionaire. So, you know, what's happened over the
course of the last few years is East Naples Community Park, again as
the example, you have more pickleball courts at one location than
anywhere in the state of Florida. There's nothing like this, you know,
in terms of the amount of play that you have here, so...
COMMISSIONER FIALA: Anyplace in the United States,
right?
MR. WILLIAMS: I wouldn't be surprised. That's true.
Pickleball is being developed throughout the United States. But
I would be -- I wouldn't be surprised for that to be the case.
So you do have a venue at these two locations that is
considerable in terms of the amenities that you're providing. I
know -- and some of the questions were about, you know, the
rationale for this increase. And as part of the concessionaire
agreement, the concessionaire does have the ability to approach us to
seek market rate. And so when we looked at what was being charged
for a similar activity in some of the recreation centers in Southwest
Florida, you could tell that the price point was well below, you know,
what the recommended increase has been.
So we are looking at, you know, the comparison of apples to
apples in this. I think there's some discussion about, you know, the
YMCA. For example, if you join, you'll have a variety of amenities.
But, again, there's no other place like this where you can play
January 14, 2020
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exclusive pickleball, you know, at this level.
So with that, this item came to the Parks and Rec Advisory
Board. They heard the request and approved and made the
recommendation to advance it to the Board for consideration.
A couple of the points I would make to you, you know, the rates
that are affected that we're looking at, again, you know, one of the
things that was of concern to the concessionaire was encouraging the
sport amongst the youth. And so you did ha ve a price point of an
annual membership of $10. That remains the same.
We are looking at an increase for one park from the $50 price
point to $100. I saw some of the posts recently in the last couple
days that that equates to, like, 13 cents a day. So you're going from a
price point of 6-and-a-half cents to 13 cents as far as the equivalent.
We also wanted to put a price point, though, for people that
wanted to join and be associated with both parks, and you do have
some of that where people will travel from the north to the south, and
so we didn't have a price point for that, so the recommendation is
$125.
The other thing that, again, came to our attention with this is we
are seeing, because of the facilities that you have in Collier County,
in particular you're having a lot of people from Bonita Springs that
come down and use the facility in Veterans. And so, you know, part
of the question was, with that utilization of the courts, you know, was
there room for a different price point for those people that don't pay
Collier County property taxes.
And so the recommendation was to look at a fee increase that
identified those people that wanted to play in Collier County but may
live in Lee. And, again, looking at that $150 for one park and $200
for both parks.
The final fee that we implemented -- and this is consistent with
your current fee policy -- is to allow for a daily rate. If somebody
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just -- if they didn't want to play, you know, on a routine basis but
they wanted to drop in, to charge them $7 for that right to do that.
This is consistent with some of the other daily fees that you have
within the fee policy. For example, in the fitness center, you can join
and become a fitness member for an annual fee, or you can just go
one time for that $7 price point.
Another example I'll give you is our Pelican Bay tennis. For
example, for you to be a member to play tennis there annually it's
$335. So that's just a kind of a comparison of, you know, when
you're looking at 25 versus 50 versus 100, we're not talking about a
lot of money, although it does -- when you do the math, it is an
increase that's twice of what the current rate is.
The last thing I'll mention to you is just the concept, I guess, of
cost recovery for parks. The park system is funded by the General
Fund. It's offset by user fees of people that participate in a variety of
these sports and reduces the net cost to the General Fund. Your
current park system cost recovery for the division is 30 cents or
30 percent. So that's important, as you know, is that a lot of the
services that we've provided are subsidized by the General Fund. So
these increases that we're talking about lessen that amount.
The other thing I'll mention -- and I mentioned outsource of
pickleball operations, but a percentage of the revenues that we get we
use to maintain the facility. The best example I have for you is the
use of Deco-turf in our East Naples Park and Veterans Park. Deco-
turf is simply a better surfacing for those that play, especially for the
joints. On a typical recreational surface, you won't have that level of
service that's provided. So we intentionally put that level of service
at East Naples and Veterans Park. And the portion that we receive
back from the concessionaire we reinvest back into that park.
The example I'll give is East Naples Community Park. We're
doing some touchup and resurfacing in preparation of the US Open
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with some of those funds that we get back.
We also have current plans to resurface existing courts at
Veterans Park. We're in the process of soliciting that now. We're
going to resurface old tennis courts that aren't used for tennis,
resurface those with the Deco-turf for pickleball.
And, again, we're looking at these market rates as it relates to
this sport as consistent with what we see out in the market.
So with that, we're asking you to adopt this resolution to appeal
the previous fees and establish these new fees.
I did want to mention, too, as part of the concessionaire
agreement -- and, Commissioner Solis, we've recently extended that
agreement for a five-year period with U.S. -- with Spirit Promotions.
This relationship that we have with our concessionaire is also
important, an important long-term relationship with us. We're also
looking at that.
We do have, within our contract, the ability to renegotiate that
percent. And just to remind you of that, in East Naples the
concessionaire provides 15 percent of the gross revenues that they
receive. At Veterans Park it's 12 and a half percent. So we have the
opportunity to take a bigger piece of that. And, again, with the
facilities that you have at these two locations, you know, that's
certainly a discussion that we can have with the concessionaire as we
move forward.
But with that, I'll stop and see what questions you might have.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. Well, and you led right
into two. First off, I wanted to know what percentage of the revenue
increase stays with the concessionaire and what percentage comes to
us. So that's question number one.
COMMISSIONER TAYLOR: I'm with you on that one.
MR. WILLIAMS: Well, as the price point goes up and the
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amount of revenue, we know last year at those two locations the
gross revenues were for 350,000.
CHAIRMAN SAUNDERS: The question was: What is the
percentage of the increase that goes to the county and the percentage
that goes to the concession?
MR. WILLIAMS: At this point that increase -- that percentage
hasn't changed. It would still be the 15.
CHAIRMAN SAUNDERS: What is the percentage?
MR. WILLIAMS: Fifteen percent of the East Naples.
CHAIRMAN SAUNDERS: I know. I just wanted to --
MR. WILLIAMS: Twelve and a half at Veterans Park.
COMMISSIONER McDANIEL: Right. So it's 12 and a half at
Veterans Park, so the double of the fee, it's going to be 12-and-a-half
dollars instead of 6-and-a-half dollars, plus or minus.
MR. WILLIAMS: Well, 12 and a half percent of a bigger pie
will get you a bit more money is --
COMMISSIONER McDANIEL: He's going to 100, and it's 12
and a half percent.
Now, what does the concessionaire do for us to earn that right to
collect those fees?
MR. WILLIAMS: And we do have the concessionaire here
today as well, and that might be good for Mr. Ludwig to come. But
from the contractor manager's perspective, what I'll tell you is, you
know, the staff involved in managing 500 people, for example, and
organizing tournaments, play -- you know, we had a staff member
that was doing that type of work. We outsourced that and no longer
have the staff. So the staffing involved in managing the facility and
that number of people, you know, on a daily basis is the primary role.
The thing that we offered, though, in the concessionaire
agreement that we felt was an amenity was the pro shop component,
food and beverage, those amenities that were provided as well. So
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the concessionaire is providing all those things. And, again, he's here
today and can talk to you more about that.
COMMISSIONER McDANIEL: And I'm not -- I'm not
suggesting anything poor. It's just I want folks to understand who's
doing what, when, where, and how. And that leads in -- I'm going to
do a Commissioner Taylor and hit my button once and ask multiple
questions. She does that all the time.
COMMISSIONER TAYLOR: I do not.
COMMISSIONER McDANIEL: Yeah, you do. I got the
other -- I'm just joking.
COMMISSIONER TAYLOR: It's just because you gentlemen
cut me off.
CHAIRMAN SAUNDERS: Go ahead -- Commissioner, go
ahead with your questions. Let's move on.
COMMISSIONER McDANIEL: Okay. Thank you, sir.
Mr. Chair, I'm just joking.
I would like to see at some stage -- and I talked in our staff
meeting yesterday -- a relationship oriented towards the cost-benefit
analysis, ROI on the investment. I think I read in here it's close to a
half a million dollars in capital expenditure associated with the
increase in the -- in the courts and so on; is that correct?
MR. WILLIAMS: Well, you do have in East Naples, in
particular, a master plan that we're implementing and making
multiple improvements, and so those costs are borne by a variety of
funding sources. Your day-to-day maintenance of the facility, that's
what these revenues are used, both for the concessionaire to work
with his staff as an outsource entity. Part of the responsibility of the
contract is for them to maintain the courts daily, monthly, annually in
a way that's consistent with the county's expectations.
So we use the portion of the money that we receive for
additional services that are provided. The best example I can give
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you is the US Open. We put a lot of staff time and hour into that and
other tournaments that are associated with the East Naples venue in
particular.
COMMISSIONER McDANIEL: Well, you know -- and I
would like to see more of a correlation to what those benefits for us
are on a percentage basis with regard to the increases in revenue. I
mean, do you split out your individual expenses in the park system
with regard to what we spend on pickleball in relationship to
basketball or tennis or mowing the grass or anything, or is it just an
aggregated expense?
MR. WILLIAMS: To a certain degree, but it is more aggregate.
We have cost centers associated with each park, and so we were able
to segregate it that way, but there's further, you know -- you have to
distill it further at that park location. We manage our maintenance
costs in separate cost centers as well. So we do have some of that,
but we would need to work to drill that down a little bit further.
COMMISSIONER McDANIEL: And I'm in support of this
effort. I mean, I think from an economic standpoint for our county
there's all kinds of different revenues coming from tourism, sales tax,
hoteliers, food, everything along those lines. I'm generally in support
of what they're looking to do. I just wanted to hear some of these
clarifications, so...
CHAIRMAN SAUNDERS: You're done?
Commissioner Taylor?
COMMISSIONER TAYLOR: So let me understand; 15 percent
of any kind of increase goes -- 15 percent of that increase goes to the
county, and the balance goes to the concessionaire?
MR. WILLIAMS: That's for -- you have two contracts in for
East Naples.
COMMISSIONER TAYLOR: Yes.
MR. WILLIAMS: Yes, ma'am. It's 15 percent; 85 percent of
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the gross revenue would be retained by the concessionaire. In
Veterans Park, it's 12 and a half percent that the county retains, and
the remainder would stay with the concessionaire to pay for his staff,
for his supplies, for the things associated with the management of the
pickleball facilities.
COMMISSIONER TAYLOR: Okay. So what I'm -- and I think
maybe staff needs to look at this contract again, because I'm a little --
I'm a little puzzled. We spent three -quarters of a million dollars on
creating a championship court at Veterans Park -- or at East Naples
Community. We are building more courts. This benefits any
concessionaire who that concessionaire is [sic].
And it seems to me, increase in fees should be going more to
help the infrastructure building rather -- and the infrastructure
building, which is what we do, in order to increase the number of
people that can use it. And I'm a little confused that the
concessionaire suggested that we raise the rates. I mean, the whole
thing is kind of money to me. I'm just -- I'm not saying there's
anything untoward here. It's just a little confusing.
MR. WILLIAMS: I understand.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: Yes. I've been getting some of the
same concerns from people who have written me. They're wondering
why it went up so high, and they wondered if some of the expenses
are being borne by the county and if the money is going to the county
to cover all of these expenses or if it's all going to the --
COMMISSIONER TAYLOR: Concessionaire.
COMMISSIONER FIALA: -- yeah, the pickleball people.
MR. WILLIAMS: Well, one thing that may be helpful, and
maybe not, but I'll try, is, you know, in terms of when you build a
park, for example, impact fees will pay for the infrastructure of the
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park. And you build that facility, but then there's operating costs
associated with operating it.
And so if you think of the concessionaire's role within the
operating of the facility -- and typically what we try to do with our
parks is your operating budget, what it costs to have the staff to do
the programs, to provide the service offset by revenues that you
charge for those services is kind of the cost-recovery model.
So it's two things. You do want to build a facility and find a
way to finance that, but then you also have to find a way to operate
the facility in terms of staffing either with, you know, park -- or
county staff or with outsourced staff.
COMMISSIONER FIALA: So have we hired new people to
operate the pickleball parks?
MR. WILLIAMS: Well, what you've done is, instead of having
park staff associated with the operations, you've reduced your FTE
count where we're not paying for legacy costs associated with those
staff and you've, in essence, outsourced it to a private entity that's
running it on behalf of the parks.
COMMISSIONER FIALA: So in other words, his increase is to
pay employees? I'm trying to figure out, you know, because people
are concerned about this, and I haven't been able -- and I haven't yet
talked to Jim Ludwig. I just -- but I want to be able to have answers
for people.
CHAIRMAN SAUNDERS: Mr. Casalanguida?
MR. CASALANGUIDA: Mr. Chairman, if I could. I think
we've talked to several of you and the concessionaire. Our goal is to
bring back the concessionaire agreement and modify a little bit of the
percentage of the rates, and he's agreed to have that conversation.
And I think that might alleviate some of the concerns we're hearing.
CHAIRMAN SAUNDERS: Let me ask you a question on the
concession agreement. Are there termination provisions in that for --
January 14, 2020
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MR. CASALANGUIDA: There are.
CHAIRMAN SAUNDERS: -- for convenience or --
MR. CASALANGUIDA: Yes.
CHAIRMAN SAUNDERS: Okay. So there is a basis for sitting
down and renegotiating.
MR. CASALANGUIDA: He's amicable to doing that.
CHAIRMAN SAUNDERS: Commissioner Solis.
COMMISSIONER SOLIS: Okay. Well, then, let's just cut to
the chase, because if that's an agreement from the concessionaire,
then I think maybe what we need to do is continue this item. Staff --
because there's some other questions that I'm not clear about either,
and these are questions that are being asked of me and I don't know
the answers to.
And, number one, somebody asked me the question, well, it
costs the same to be a member at Veterans as it does at East Naples,
but at Veterans there's no lights, East Naples there is so you can play
more, you know. I mean, it's a valid question, right?
And, number two, is if -- you know, if we're going to increase
the fees and the revenue's going to go up by 50 percent, then is --
what's going to be provided in exchange for this additional revenue?
Is there going to be more service? Is there going to -- you know,
what is that? I need to -- I feel like I need to be able to explain that at
least intelligently to my constituents that all want to play pickleball.
And they love the job everybody's doing, but I need to answer those
questions.
So I'll make a motion to continue the item if that's --
COMMISSIONER TAYLOR: Second.
COMMISSIONER SOLIS: -- agreeable.
CHAIRMAN SAUNDERS: Let's continue it to sometime in
February. Our next meeting is going to be, I think, pretty -- pretty
jammed.
January 14, 2020
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MR. OCHS: Yes, sir. If you might allow, Mr. Chairman, if we
could continue this to a point in time where we're able to
simultaneously rework the concession agreement and bring them both
back.
CHAIRMAN SAUNDERS: Continue it generally, and then you
just place it on the agenda when you're ready.
MR. OCHS: Thank you, sir.
CHAIRMAN SAUNDERS: All right. There's a motion and a
second --
MR. OCHS: Mr. Chairman, I do have registered speakers from
the public. Your first speaker is Christine O'Sullivan. She'll be
followed by Wayne Sheppard. We have three speakers.
MS. O'SULLIVAN: Thank you very much for allowing us the
opportunity to speak before the matter is tabled or postponed.
My name is Christine O'Sullivan. I'm a pickleball player at
Veterans Park. I have played at East Naples but most primarily I play
at Veterans Park.
The question of the day is twofold. The first question is: Even
though people can pay an increase of over 100 percent if you look at
your own information in your agenda packet, it's not whether they
can pay. It's whether they should pay and what is the reason that they
should pay more.
The second issue is: Why should the taxpayers and residents of
Collier County pay for new courts, to the extent that they do, without
a larger share of the revenue that is provided by the public to the
concessionaire?
I sent each of you a letter, and if you have no objection, I woul d
like to read that letter into the record.
CHAIRMAN SAUNDERS: You have three minutes, so --
MS. O'SULLIVAN: I'll make it speedy.
Dear Commissioners, please vote no on the increase in
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pickleball fees at East Naples Community Park and Veterans Park.
Much discussion about the tremendous increase in pickleball fees has
been shared in the pickle community. Though many think the
increase is exorbitant, they feel that the county is providing so much
by way of new courts and lighting that they will pay the i ncrease.
Many people think that the concessionaire is building new courts.
It's true, the county is doing great things, but the increase of fees
is largely not going to the county. Only 12.5 percent of the revenue
from pickle at Veterans Park will reach the county. The remainder
goes to the concessionaire. This is not a good contract for Collier
County.
It is at his request, not the county's request, that the fees are
requested to be elevated to such a high level. The justification is that
the fees should be brought into line with other facilities offering
pickleball, but he only uses -- if you look in the deep dive in your
information, he only uses the YMCAs of our local communities as a
comparison, and he justifies the fees based upon their monthly fees;
however, there's no -- there's no comparison because the Y is a false
reading. The Y provides enormous amounts of services beyond
pickleball. They have weight rooms. They have pools. They have
exercises classes that are free with their membership.
I don't believe there's any reason to enrich the concessionaire at
the expense of the residents and the county. As I indicated, and you
know, the county will be paying almost $600,000 for new courts and
building at East Naples. And the taxpayers, including myself, would
prefer that the county has a greater share of revenue. And you've
addressed that somewhat, and I think that's appropriate.
Two years ago the fees for membership at pickleball courts was
$25. Last year it was $50. This year it's expected to be a whole lot
more.
I would just like to say one more thing before I close, and that is,
January 14, 2020
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I read all of the contracts, all of the executive summaries, all of the
prior contracts at East Naples and at Veterans Park. When you redo
your Veterans Park contract, you should know, in my opinion, that it
is invalid. I've been an attorney for 45 years. Your contract does not
specify anywhere in it that Veterans Park and it's location is included
in the contract. From -- only the title of the contract refers to --
CHAIRMAN SAUNDERS: Okay. We're going to have to --
MS. O'SULLIVAN: -- Veterans Park and the concessionaire.
You don't have anything in there --
CHAIRMAN SAUNDERS: We're going to have to --
MS. O'SULLIVAN: -- using Veterans Park as part of the
contract.
(Simultaneous crosstalk.)
MR. MILLER: Your next speaker is Wayne Sheppard. He will
be followed by Kimberly Sawyer.
MR. SHEPPARD: Hi. Good afternoon. Appreciate the
opportunity to speak.
I work for Pickleball Enterprises.
MR. MILLER: Can you state your name, please, sir.
MR. SHEPPARD: Oh, I apologize. Wayne Sheppard.
And just to provide a little bit of color about some of the things
that we're doing, where some of the funds are going.
I manage the IT resources, for example. And one of the things
that we've been working on is everything from iPhone and android
apps to ease the players' grief, if you will, with standing in some of
the long lines periodically to do things. We also have work in
progress that will eventually lead to things like electronic boards for
people. So rather than using markers and things like that, people will
actually have a card, and they can just badge in and do things.
And so eventually you're going to run out of physical resources,
meaning courts. It's the largest pickleball facility available. But
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eventually it's going to extend to its limit.
So we're already working and anticipating the need for things to
be much more automated and much more, I don't know, 21st century,
if you will. So I just wanted to mention that.
One little personal note that I'll just throw in quickly is I actually
moved to Naples for one reason: To play pickleball at that park. The
fact that I work there is just kind of a happy accident, but -- so this is
such an amazing attraction. This is the mecca of the United States, if
not world, for outdoor pickleball, as evidenced when the circus
comes to town every year for the US Open.
So, you know, anything we can do to continue to promote and
extend and continue to bring those tourist dollars in, I think, is a
beautiful thing.
Thank you so much.
MR. MILLER: Your final speaker is Kimberly Sawyer.
MS. SAWYER: Hello, and thank you.
I would ask you please to vote no on the increase of the dues. I
have been playing for about four years now, and it's just a sport that I
love to play. My knees are talking back to me now. I shouldn't be
playing as much as I would like to.
But I -- it's -- I do enjoy it, and I do drive down from Bonita
Springs to play at Veterans Park. And so -- the mornings are
extremely busy there, so, therefore, they want you to pay in the
mornings, but after 12 it's free. So I can go there at noon, play free,
but then, of course, I did this for a social aspect also, but I don't live
in a gated community. So I spend my time in the mornings playing
and meeting great people and friends.
So I could go after noon, of course, and play for free, or I can go
to the Y and I can pay $4 a drop-in fee. That's all they charge for a
drop-in fee over at the Y.
So other than that, I'm, you know, enjoying the sport, but I don't
January 14, 2020
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want the increase either but, you know, I could wait till after noon,
play for free or -- and then also -- I had some other -- oh, the world
champion, Simone, she's been eliminated from playing on the courts
in the county.
So anyway, please vote no.
CHAIRMAN SAUNDERS: Thank you.
MS. SAWYER: Thank you.
CHAIRMAN SAUNDERS: All right. Any other speakers?
MR. MILLER: No, sir.
CHAIRMAN SAUNDERS: We have a motion and a second to
continue this generally, and I think the direction is pretty clear we
want to see that agreement, and see where it needs to be modified.
MR. OCHS: Yes, sir.
CHAIRMAN SAUNDERS: Any further discussion?
(No response.)
CHAIRMAN SAUNDERS: I'll call for the vote. All in favor,
signify by saying aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed?
(No response.)
CHAIRMAN SAUNDERS: It passes unanimously. Thank you.
Item #11B
RECOMMENDATION TO REVIEW AND APPROVE STAFF'S
RANKING OF THE PROPOSALS SUBMITTED IN RESPONSE
TO INVITATION TO NEGOTIATE (“ITN”) NO. 20-7689
January 14, 2020
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CONCERNING A PUBLIC PRIVATE PARTNERSHIP (P3) TO
PROVIDE A GOLF AND ENTERTAINMENT COMPONENT AT
THE FORMER GOLDEN GATE GOLF COURSE AND DIRECT
THE COUNTY MANAGER’S OFFICE TO BEGIN CONTRACT
NEGOTIATIONS WITH THE SELECTED VENDOR – MOTION
TO NEGOTIATE WITH FIRST RANKED VENDOR CLUBCORP
USA, INC. – APPROVED
MR. OCHS: Mr. Chairman, that takes us to Item 11B. This is a
recommendation to review and approve staff's ranking of the
proposals submitted in response to invitation to negotiate for a
public/private partnership to provide a golf and entertainment
component at the former Golden Gate Golf Course and direct the
County Manager to begin the contract negotiations with the selected
vendor.
Mr. Willig will begin the presentation.
MR. WILLIG: Good afternoon, Commissioners. For the
record, Geoff Willig, County Manager's Office.
In your packet that was uploaded to the agenda, we included the
ITN that we ended up publishing following your recommendations
and comment from the October 22nd meeting. It was advertised
beginning November 1st. The solicitation closed on December 4th,
and in that solicitation -- through solicitation we received two
proposals.
Staff had a selection committee that met and ranked those
proposals, and the two proposers are here today based on the ITN,
how we structured it, to present to you. We will give them 10
minutes today to present, and followed by questions after both
presenters, to just explain more about their proposal, and then we
look to get your direction to move forward to start negotiations with
the selected vendor.
January 14, 2020
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I also should note that the title of the ITN is a public/private
partnership, and based on state statue -- state statute we're not looking
for something that's directed by state statute. It's just more of a
partnership to work with Davidson Engineering and the county to
figure out where golf can go on the golf course.
So I have two presenters from ClubCorp, Randall Cousins, and
then Joe Bonura from Bonura Hospitality.
With that, I'll turn it over to Randall.
CHAIRMAN SAUNDERS: Afternoon.
MR. COUSINS: Good afternoon. My name is Randall Cousins.
I'm a senior vice president with BigShots Golf and ClubCorp out of
Dallas, Texas. I'm very excited to be here with you this afternoon to
share with you our proposal and our vision for what we think could
be an exciting next chapter at Golden Gate Golf Course.
A little bit of background. ClubCorp is the largest
owner/operator of private country clubs in North America, and
BigShots Golf is our latest acquisition and concept of golf
entertainment, or eater-tainment, that we look forward to presenting
to you today.
Before we do that, though, I'll give just a little bit of background
on ClubCorp itself. We operate in three integrated divisions. The
first two is the golf and country club division, the second is a
business sports and alumni club, and then third is the most recently
acquired, which is BigShots Golf.
The great thing about operating in these three divisions is that
while we service more than 200 properties across the North America
and more than 430,000 members, we're able to utili ze a common
back end of accounting, marketing, and executive team.
As I said, ClubCorp is a leading owner/operator. We own -- to
give you a sense of scale, we own and operate approximately 160
golf and country club assets across the country, approximately 40
January 14, 2020
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business, sports, alumni clubs.
Some of our iconic properties include Firestone Mission Hills,
Indian Wells, and the Woodlands Country Club in Texas. We have a
very strong golf pedigree. Many of our assets host events related to
the PGA tour, the LPGA tour, and the champion’s tour. And that
really helps us execute on our purpose of building relationships and
enriching lives with our members across the nation.
And that's really been our guiding principle since our founding
in 1957 by the Deadman family in Dallas, Texas. And that founding
started with the construction of Brookhaven Country Club in far
north Dallas, which was really an inflection point for our industry,
because prior to that, many private country clubs have been operated
and managed by their members in not-for-profit basis.
The deadmans looked at our industry and realized there's an
opportunity to bring food and beverage expertise and hospitality
focus and make a profit running these clubs. And they did so
successfully through 2006 when they sold the company to KSL
Private Equity out of Denver, Colorado.
KSL held a majority interest in ClubCorp through 2013 when
we were taken public under the ticker symbol MYCC. After four
grueling years of being a publicly traded company, we were taken
private by Apollo Global Management with a mandate to do
something different; that we needed to change our business in a
meaningful way to broaden the appeal of golf and to bring new
members into our organization. And that's what led us, ultimate ly, to
the acquisition of the majority interest in BigShots Golf in late 2018.
BigShots Golf quite simply is a golf entertainment concept that
marries technology with old-school golf driving range.
So to walk you through an experience, you would come into a
BigShots facility, and you would rent a bay for an hour or two hours
with your group of people, up to eight people, and you would hit golf
January 14, 2020
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balls, real full-flight golf balls, so not whiffle balls or limited flight
range balls. And they would be tracked by technology in a bay.
Doppler radar technology that takes the trajectory of your shot and
overlays it into a digital landscape that can be turned into a game,
competition, into a practice facility, and basically allows golf to step
into the 21st century.
And the goal is really to bring these games to lower the bar of
intimidation and cost so that anyone can come and play and be
successful and have a good time for an hour or two at BigShots Golf.
These venues, and I'll show you renderings here in a moment,
include indoor and outdoor lounge seating, bar areas, private -event
spaces. We really think that is a great mousetrap to host games,
gatherings, neighborhood outings. So we think this is going to be a
very exciting spot and an amenity to the community for people to
gather, visit, and eat.
We currently have one store open in Vero Beach, which was
opened immediately prior to acquisition of BigShots Golf in late
2018. We have six additional sites that are anticipated to be under
construction and opened in 2020, and we're very excited and hopeful
that we can add Golden Gate to that list as well, because we think
Golden Gate offers a unique opportunity because of the addition of
the golf course.
Currently the course is 18-hole public. We are proposed -- and
in our proposal, have considered changing that to two six-hole
returning loops. So eliminating six holes of real estate, turning in
into 12 holes of golf, we think that that allows -- the experienced
golfer who wants to play 18 holes can play three loops and the person
who wants to play a 45-minute six-hole loop can do so very quickly.
We also think that the golfer that spends time in a BigShots --
and our industry polling tells us that two-thirds of the people that
spend time in a off-course golfing exercise like a BigShots would like
January 14, 2020
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to play on green grass in the next 12 months. So we think that the
opportunity at Golden Gate means that we could get someone who's
never swung a club before very excited about the game of golf and
immediately put them on green grass so they can realize that there's a
lot more to it than just being able to hit the ball really far.
We do anticipate offering reduced green fees to residents. We
understand that that is important to the community, that the golf
course remains an amenity and accessible to the residents around it,
with premium pricing for nonresidents. We'd also like to offer
preferred access and partnership with the local First Tee. We think
it's very important to cultivate the partnership relationship with the
golfers of tomorrow, and ClubCorp, and specifically our CEO, David
Pillsbury, has a strong relationship with The First Tee with most of
our clubs across the country.
And then we also believe that our proposed redesign allows and
accommodates for alternative land uses, mostly the workforce
housing and the veterans nursing home as has been outlined by
Collier County in the past.
The BigShots venue, specifically, we anticipate it's going to be
approximately 25,000 square feet and cost anywhere from 14 to 16
million dollars to build. Fifty -two to 60 hitting bays is what we've
considered, two stories; 200 or more televisions, 200 or more
full-service dining seats, with two food-and-beverage areas with
private-even space and patio space.
We really want to build a friendly high-tech design. Our
consultants call it Dallas cool. And I grew up in Dallas. I'm not sure
that that's a thing, but we're going to go for it.
Private dining on the first floor, flexible private -event space on
the second floor. Food and beverage service in all the bays. So
you'll be able to hit golf balls, spend time with your family, and eat
chicken wings at the same time.
January 14, 2020
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And then, of course, a putting course. We believe 18 holes
around the patio and the outdoor space in the front that will be used
both as an amenity to the facility as well as an overflow function so
that when people arrive and the building is on a wait, they'll be able
to have something to do while they wait for those bays to free up.
This is our initial proposal for the rerouting of the existing
Golden Gate club. And so as you can see on the left is the existing
18 holes with the routing. It's two nine-hole returning loops so you
start and end at the existing clubhouse.
What we have proposed is that BigShots and the venue would be
facing north/northeast along Collier Boulevard, and we would tap
into the existing driveway, but that we would eliminate Holes 9 and
1, and then reroute the existing real estate so that they could be two
returning six-hole loops. And the golf course would continue to be
managed out of the existing BigShots building, and golfers would
simply leave out of the back of the parking lot in order to start their
rounds.
Since our acquisition in 2018 at Vero Beach, we have spent the
last year developing a pipeline of sites like Golden Gate as well as
refining our design of our building and how we think it's going to be
different from the alternative in the marketplace.
One of those is that we are a two-story as opposed to a
three-story design. We are using natural elements in the facade, and
then you can see this mini golf course in front. Although, based on
what I heard today, we may -- should put pickleball in the front of
this building. And then always a large patio with food a nd beverage
service.
We anticipate that this is going to be used for overflow and
access for people who are waiting for bays.
This is an interior render of what we anticipate the upstairs food
and beverage lounge to be. We fully understand that the customer
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that arrives at a BigShots venue on Tuesday morning is very different
than our customer Friday night. And so we have built this design
specifically so that it can be flexible, and we can accommodate those
different crowds of people and give them something fun to do,
whether they're swinging a golf ball, playing Foosball, or watching
the game.
This is an additional render of our latest design of the building.
This specific layout faces north/northeast, and so we're very
cognizant of what that sun does to all of this glass, and so you can see
we have a baffle feature that's meant to shade on that southern edge.
And then you can also see another shot of the patio and the miniature
golf.
The great news about our experience with Vero Beach and the
store that's now been open for more than a year is that the technology
and the bay experience is mostly unchanged. This is a shot standing
behind a bay looking onto the driving range, and what you can see is
there's social seating for up to eight people per bay. There's club
storage if you'd like to bring your own clubs, although we will
provide clubs for you. There are TVs that can be adjusted in the bays
so that you can watch -- you can flip between various sports.
An automatic ball dispenser that's tied to our gaming so that
when your time is up, it stops dispensing balls.
The Doppler radar tracker, which is in each one of the bays, so it
tracks individual trajectories for shots, and then an interactive gaming
terminal that allows players and guests to check in, track their stats,
play head to head with other bays, with other facilities.
And then these are climate adjusted. I'm not allowed to say
climate controlled because I know it's -- there's only three walls in
this building. So the goal is to have heaters. Less important for
Florida, I understand. But certainly swamp coolers and blowers so
that we can -- to mitigate some of the temperature.
January 14, 2020
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COMMISSIONER McDANIEL: Two swamp coolers.
COMMISSIONER TAYLOR: Yeah. What's a swamp cooler?
COMMISSIONER McDANIEL: I'll take two.
MR. COUSINS: You'll take two, yeah. You know, it sprays
water so it will cool you down.
MR. OCHS: Misters.
MR. COUSINS: Misters.
COMMISSIONER TAYLOR: Oh, misters. We call them
misters in Florida.
MR. COUSINS: Okay. We'll order Florida misters for this one
specifically. Swamp coolers everywhere else.
These are some screenshots of our gaming. We have three, kind
of, marquee games that we're very excited about. That's Pinball,
Knockout, and Islands. Pinball is not a skills-based game, so it's very
popular with the non-golfers because -- and when I walk down the
line at Vero Beach, we often see the six-, seven-year-olds that are just
beating their parents or their grandparents who are the scratch golfers
because you chip your ball into the field, and the trajectory that's
overlaid in the digital landscape then bounces around like a pinball
machine. And so you can score lots of points being a poor golf,
which is great for me.
Knockout is another game where we have some cartoon
characters that are placed in a field of targets that can -- you can chip
the ball at, and you get various points based on which ones you hit, or
miss in some cases. And then Island is a skill-based game that the
targets actually correspond -- those color targets correspond to inlaid
turf in the existing driver range. So when you're aiming for the
yellow in the game, you're actually aiming for the yellow target that's
in the field in front of you as well.
And as a secret, just for you, you get extra points if you sink the
boats on that level. So you have a head start.
January 14, 2020
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And then here are some pictures of the full-service bar and
restaurant, as well as you can see these ladies are having a great time
hitting some balls.
And then these are some shots of Vero Beach. As I said, our
design is a little bit different, so the exterior shots -- I think these are
great for proof of concept but show that, you know, we've given a lot
of thought to what this building looks like going forward.
And then you can see shots of the bay area which the club
storage as well as the location there does have nine holes of putting
out front.
These are some night shots. Vero Beach is a 30-bay. We're
considering a 52-bay here. So it will be much larger than what's been
deployed in Vero Beach. They do have a food and beverage
component, and you can see there's 16 guests in that top right picture.
And then these are pictures of the check-in kiosk and the
terminal that's included in each one of the bays.
We're excited to have been invited and participated in this
invitation to negotiate. We look forward to next steps. And I'm
happy to answer any questions that you may have.
CHAIRMAN SAUNDERS: Mr. Ochs, do you want us to ask
questions now or hear both presentations first? What's your
preference?
MR. OCHS: I'd prefer you ask them now while they're here.
CHAIRMAN SAUNDERS: All right.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Just one quick question. How
long is it from tee to the end of the driving range?
MR. COUSINS: Two hundred fifty yards.
COMMISSIONER McDANIEL: So I won't be able to hit my
driver.
MR. COUSINS: Well, the good news -- so the Doppler
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technology will actually track your ball for the first about 40 feet that
it's in the air, and then it extrapolates a trajectory and overlays that
into the gaming software. So even if you were to hit the back net, if
you hit a good enough shot, we can still calculate how far it would
have gone otherwise.
COMMISSIONER McDANIEL: I understand.
MR. OCHS: So there is a back net.
COMMISSIONER McDANIEL: Yeah. Well, as long as there's
a back net, I can still hit a driver.
CHAIRMAN SAUNDERS: I've got a couple questions. I don't
see anybody has registered here. One of the concerns in the area
there is lighting spillover into the residential areas. I'd like a little
explanation as to how the lighting's going to work. A second is,
there's a concern about noise in some of the residences. You've got a
chart in our packet that shows the distances and everything. But can
you explain how the lighting will be controlled and how the noise
will be controlled.
MR. COUSINS: Yeah. So the lighting is very interesting for
these types of facilities because the intent is to light the ball from
underneath, meaning if you were to put lights above shining down, if
you hit the golf ball and you're looking up as the golf ball was to fly
away from you, you wouldn't be able to see it. And so the goal is to
position the light so that it's shining up underneath so that you catch
the ball and can actually see that trajectory. What that means is that
we can be very specific about the focus of those lights. And range
lighting has been a source of a lot of advancements in the last 30
years.
So as we continue to build these, we are working with
consultants and contractors specifically to address that concern
around light spillage. We're very cognizant of that concern.
And then for noise, the way that we've outlined our proposed
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outline on this reroute at 12 is that the building would be along
Collier Boulevard, and so we think that there would be sufficient
buffer between that and the existing residential so that any noise from
the bays which, as I said, there's three walls, would be facing the
other direction.
COMMISSIONER TAYLOR: Which is "the other direction"?
MR. COUSINS: It would be facing north.
COMMISSIONER SOLIS: It points towards the corner. The
opening of the bays is pointing towards the northeast.
MR. COUSINS: That's right.
COMMISSIONER SOLIS: Oh. Interesting.
CHAIRMAN SAUNDERS: And in your proposal, you're not
looking for any capital from Collier County. Obviously, we have the
land, but you're not looking for a cash infusion from the county?
MR. COUSINS: That's correct.
CHAIRMAN SAUNDERS: All right. Any other questions?
COMMISSIONER FIALA: Did you mean we donate the land
to them to use?
CHAIRMAN SAUNDERS: No. I didn't -- we're not --
COMMISSIONER FIALA: I didn't know what you meant by --
CHAIRMAN SAUNDERS: No, no. They're going to be
building this on county-owned land. If they -- whoever builds it, it's
going to be on county -owned land. They're not going to be asking
for any cash from the county to help build the golf course, if I'm
understanding your answer, correct?
MR. COUSINS: Yes, sir, that's correct.
MR. OCHS: Or operate it.
CHAIRMAN SAUNDERS: Or in the operation, that's correct.
MR. COUSINS: That is correct.
CHAIRMAN SAUNDERS: Okay. If there are no other
questions -- I'm sorry.
January 14, 2020
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COMMISSIONER TAYLOR: Just one question.
CHAIRMAN SAUNDERS: Yeah. I'm sorry. And
Commissioner McDaniel's lit up as well.
COMMISSIONER TAYLOR: Okay. What is your typical -- I
don't know if it's a lease of the land. But you're building a building.
There's a significant amount of infrastructure you're bringing into this
area. What would your typical -- is it a lease or an agreement -- be?
MR. COUSINS: Yes, ma'am. In the past, when we've done
these for golf course, we've entered into leases, typically long -term
leases. Long-term meaning more than 50 years.
COMMISSIONER TAYLOR: Okay.
MR. COUSINS: I don't have specific thoughts on the lease here
just yet, but we look forward to negotiating.
COMMISSIONER TAYLOR: Including the building that
you're --
MR. COUSINS: Yes, ma'am.
COMMISSIONER TAYLOR: Okay. All right. Thank you.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. Thank you, sir. And
maybe it's -- maybe I should reserve my question for staff until the
end, because it has more to do with semantics --
CHAIRMAN SAUNDERS: All right.
COMMISSIONER McDANIEL: -- in the -- because I know
there's more uses for this particular piece of property than just this
particular facility and/or a nine- or 12-hole course. And I'm -- I had
concerns with -- not concerns. Questions with regard to the layout,
because I know we have had ongoing discussion with the housing
element that's not included in any of these site plans and/or -- and/or
our hopeful veterans nursing home. So I just was concerned with
regard to giving over the site planning to one organization.
CHAIRMAN SAUNDERS: I think that Nick can address that
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real quickly right now.
COMMISSIONER McDANIEL: Okay.
MR. CASALANGUIDA: Sure.
CHAIRMAN SAUNDERS: Because it affects both proposals.
MR. CASALANGUIDA: Yeah. Jeff is our project manager,
but you've already approved the contract with Davidson, and the
solicitation for the housing component is on the street right now.
The vision is is that Jeff, taking the lead with Davidson, would
work with the winner of this proposal, along with the housing
component for the next 12 months to have community meetings and
design charrettes and actually get into the nuts and, you know, bolts
of how this would be designed and laid out, and they all know that.
Like a balloon, they'll squeeze one side, adjust the other to make sure
it all fits there.
COMMISSIONER McDANIEL: So, necessarily, we're not
giving over the entire site design to anybody.
MR. CASALANGUIDA: No.
COMMISSIONER McDANIEL: This is a share of what we're
planning on doing with the entire site, so -- okay. That was a
concern.
Thank you, sir.
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: What are the hours of operation?
MR. COUSINS: So it's different by day. So we anticipate that
from Monday through Thursday it would be 9 a.m. to 10 a.m. -- I'm
sorry, 9 a.m. to 10 p.m., and then from Friday to Sunday, it would be
from 9 a.m. to after midnight.
COMMISSIONER FIALA: To what?
MR. COUSINS: After midnight.
COMMISSIONER FIALA: What is after midnight?
MR. COUSINS: Well -- so, Vero Beach stays open until
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midnight, but if someone walks in at 11:55 and rents a bay for an
hour, they will stay open until 12:55 so they could finish their hour of
gaming.
CHAIRMAN SAUNDERS: Your hours are from 9 in the
morning. Golfers will want to come in earlier than that to hit balls on
a driving range, and this would be the drive range for the golf course.
Would there be an opportunity for earlier morning golfers to hit --
MR. COUSINS: Yes, sir. We anticipate the golf course would
be open on typical golf hours.
CHAIRMAN SAUNDERS: Okay. All right. So you're just
talking about the -- more the entertainment component of it?
MR. COUSINS: Yes, sir.
CHAIRMAN SAUNDERS: All right. Any other questions?
Commissioner Taylor.
COMMISSIONER TAYLOR: Just one more, yes.
Do you have an agreement with Vero Beach regarding like a
First Tee association or an entity like that? No.
MR. COUSINS: No, ma'am, we do not.
COMMISSIONER TAYLOR: Have you done this in other
communities before?
MR. COUSINS: We do have relationships with First Tees for
our country club division. So ClubCorp does, and we're looking
forward to expanding that relationship with BigShots.
COMMISSIONER TAYLOR: Okay. So you're familiar?
MR. COUSINS: Yes, ma'am, very familiar.
COMMISSIONER TAYLOR: And you are also -- what I
read -- I think I read is that you're willing to have one price for
out-of-town visitors and one price for residents.
MR. COUSINS: Yes, ma'am.
COMMISSIONER McDANIEL: Discount for First Tee
participants. That was all part of their proposals.
January 14, 2020
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COMMISSIONER TAYLOR: Right, right. But I just wanted
to know if they've worked with them before.
MR. COUSINS: Yes, ma'am.
CHAIRMAN SAUNDERS: Let's move on to the second
presenter.
MR. COUSINS: Thank you.
MR. WILLIAMS: It will be a moment while we pull up their
presentation.
COMMISSIONER SOLIS: Mr. Chairman, can I ask the
gentleman that was just up one last question?
CHAIRMAN SAUNDERS: Certainly.
COMMISSIONER SOLIS: Sorry. Just curiosity, in Vero,
what's the demographic in terms of who's using the facility?
MR. COUSINS: Vero's been interesting because it's -- well,
pretty much all ages, as you would expect. But Vero is on -- the
location's on the beach, so 180 degrees of their market is in the ocean.
COMMISSIONER SOLIS: Oh, wow.
MR. COUSINS: So they have been drawing from about 40 to
45 minutes as they've been tracking their visitors. But from a
demographic standpoint, it's really all ages and all skill levels.
COMMISSIONER SOLIS: Okay.
MR. OCHS: Mr. Chairman, we need just a minute to load this
up.
CHAIRMAN SAUNDERS: You want to take a court reporter
break real quick? Are you okay? It's been a while.
THE COURT REPORTER: I'm okay.
MR. BONURA: Good day, Commissioners. Thank you so
much for the opportunity to present today.
Introduce myself. I'm Michael Bonura, along with my brother
Joe, representing Bonura Hospitality Group. We are a hospitality
organization based in the Hudson Valley of New York. We have
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been in business since 1972 operating hospitality venues in and
around the Hudson River of New York.
Recently my brother has decided to move some of our
operations to Collier County; just purchased a home down here. We
just started a very small construction operation; however, the goal is
to branch our hospitality ventures down into Collier County in
Florida.
So we currently operate seven venues in the Hudson Valley of
New York, one of which is a private country club. West Hills
Country Club was a failed, bankrupt golf course, much like you heard
our predecessors just speak about the club industry in Dallas, Texas,
in the '60s privately-owned, member-owned, member-run clubs were
failing. And the same thing happened in the orange -- in Orange
County of New York.
When we took over with our hospitality background, we focused
on events and catering in order to bolster sustainability with that golf
course. What we did, came into a failed golf course in 2012. It was
flooded. It was overrun with silt. There was flooding issues. We
took over in March of 2012, and by June of 2012 were able to
re-open all 18 holes of that golf course.
We then took some other land that was owned at the club and
built six additional golf holes on floodproof land up on a hill behind
the golf course, land that the former owners, the members, were
never able, really, to develop, because they didn't have the capital.
Once we came in and operated as a business, we were then able to
take the formerly flooded land and build a nine -hole par 3 course
which allowed us to turn West Hills into the center of junior golf in
the Hudson Valley New York.
We have been growing our membership with a focus on family
and junior golf play, and with the use of our par 3 golf course, as well
as our indoor golf simulator at West Hills, we have turned our club
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into one of the only clubs in and around the Hudson Valley or the
state of New York with a growing membership as opposed to a
declining membership in the private golf industry.
We envision the new development for golf at the Golden Gate
Golf Club to be a miniature version of a private course with access
for the public. There are plenty of private courses available in and
around Collier County. A public access course that gives people
access to luxurious amenities simply doesn't yet exist.
Some of the other venues that we currently own and operate in
the Hudson Valley are Blu Pointe, a steak and seafood -based
restaurant, Shadows on the Hudson casual gourmet dining. We have
a barbecue restaurant, a hotel, and catering and banquet facilities.
Our experience in the hospitality industry we brought to the golf
business in order to bring a real sense of hospitality and a real sense
of business acumen to the country club property.
In the Hudson Valley, we basically saturated the market.
There's really -- there really wasn't too much more room for growth
for our business in and around that area, so we diversified into real
estate development with apartment buildings as well as single-family
homes that we are currently in the process of developing.
In addition, to bring a real cohesive strategy to the Golden Gate
golf project, we've decided to partner with a couple Florida-based
firms. The Catalyst Companies, run by Joe Bonora who's going to
come up and speak in just a brief moment, as well as Brooks and
Freund, one of the largest multifamily construction companies in and
around Southwest Florida will all be principal owners in our vision
for the new Golden Gate Golf Club.
As I mentioned before, our vision is to bring a luxurious private
club feel to an approachable price point for all residents of Collier
County. Similar to our predecessors, we envision a 12-hole signature
PGA quality golf course with a rerouting of 12 of the existing 18
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holes that will allow space for an additional workforce housing,
affordable workforce housing to be built, as well as a veterans
nursing home all on the property.
Our other goal is to build a miniature golf course. Not
windmills and clowns' mouths, but an actual miniature golf course
modeled after The Cradle at Pinehurst. I don't know if any of you
have ever had the opportunity to visit, but that gives you a chance to
actually hit and shape shots, chip, putt, play bunker shots, and truly
learn the game on a golf course that is not interrupting play of the
other members or, excuse me, the other participants looking to enjoy
a full round of golf.
The 12 holes will be designed with separate tee structures so that
if someone does, in fact, want to play a three six-hole loop, play a full
18 holes, they'll certainly be able to achieve that.
However, having 12 holes will allow an increased pace of play
to bring us to the modern age of golf. Long gone are the days of dad
disappearing in the morning for five hours just to leave the family
home. Now he can go, play two, two-and-a-half quick hours and
come back home. I wish I could. My wife won't let me. I don't
know.
COMMISSIONER McDANIEL: Sorry about your luck.
MR. BONURA: Thank you.
The smaller footprint of the 12-hole course as opposed to the
current 18-hole course is going to allow us to have access for people,
all residents of Collier County to enjoy, not just golfers. It's going to
give the space for the workforce housing and the nursing home.
Further, the 12-hole layout is consistent with the youth golf
movement. In addition to working with First Tee, which we
currently do back home in New York, it's very consistent with PGA
junior league setup where golf is played in three three-hole matchplay
matches in a scramble format which allows children to learn the
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game, not be intimidated by it, and having the separate six -hole setup
allows that to take place.
In addition, I mentioned already the miniature golf course. But
the key there is that we have an area to teach the game without
interrupting the play of those that are paying for a round. We really
want this golf course to be the home of youth golf here in Collier
County, just as our golf course is the home of youth golf in the
Hudson Valley of New York.
We don't -- in our proposal we specifically eliminated an
outdoor-lit driving range in order to keep the club consistent with the
community in which it resides. It's a residential area. We don't want
any lights. We don't want light towers. We don't want giant nets and
giant poles. Instead, we envision a fully indoor simulated driving
range, open when the pro shop opens at the beginning of the day for
people to warm up, take lessons, and enjoy golf late into the
evenings.
Also, our food and beverage hospitality background have taught
us, in order for a golf course to truly be sustainable, there have to be
multiple revenue streams. Our goal is to create what exists at real
luxury private clubs in a public course environment. Beautiful
weddings, beautiful banquets, a gorgeous banquet room, the
world-class country club style food in a publicly -- open-to-the-public
restaurant.
In addition, we don't -- the real reason behind all this is we don't
want public access golfers to feel like second-class golf players,
where in a lot of instances they do.
The restaurant and event venue that I've already mentioned are
going to allow the place to have multiple revenue streams that will
keep it afloat as opposed to its predecessor. Perfect.
Our event venues back home in New York cater to a wide
variety of different people. We have four different venues at four
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different price points. We do weddings for billionaires, we provide
service to soup kitchens, and everything in between.
We envision here a focus on value centric events for the
working people of Collier County to enjoy a luxurious experience
and a level of service at an approachable price point, but we're
experienced and nimble enough to be able to adapt if we have to.
We have 1,200 employees. We do over 4,000 events a year.
We're not a multi-national corporation. We're just a big family
business, and it's time for our family business to move down to
Southwest Florida.
The goal would be, once we're selected, our team would go in
three different directions: Golf course design, architectural design,
and financing all at once, because we have three different players
able to do so. It will allow us to get into the ground and get people
enjoying our place much faster than any other competitor would be
able to.
As I already mentioned, part of the family has already relocated
to Collier County to have real hands-on management and operation
here. The development team that we've put together is much greater
than the sum of its parts. What we bring unique to a solution for
Collier County is a way to master plan the entire site with our
expertise with our partners between multifamily affordable housing
and healthcare and nursing home development that's been done in the
past.
And to talk about how we can master plan the entire site, I want
to bring up Joe Bonora from Catalyst.
MR. BONORA: Good afternoon, Commissioners. This is -- my
name is Joe Bonora with Catalyst Asset Management and Catalyst
Community Capital. Interestingly enough, no relation between the
other Bonura, which is how we actually got introduced. Different
spelling. So for the record, it's B-o-n-o-r-a. I'm the one speaking.
January 14, 2020
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They're B-o-n-u-r-a.
I've never -- it's a story that can go when we have, you know,
more time to talk, but -- so when I was introduced to Joe, he -- the
first conversation we had was about this project and this opportunity,
and this is prior to the recent ITN that came out for affordable
housing.
Catalyst is a developer of primarily multifamily both market-rate
and affordable and mixed-use projects, mostly in Lee County. We've
built 1,200 -- over 1,200 units in Lee County. Just broke ground on a
318-unit complex in downtown Fort Myers with another 308 behind
that.
We're working on one in Lakeland. The majority of the projects
that we do are in partnership with CRAs, cities, municipalities. Our
for-profit company, which is Catalyst Asset Management, is a public
benefit corporation, so it's a B corp, if you've heard that term before.
Catalyst Community Capital is a non-profit, so we're a 501(c)3.
Catalyst Community Capital is a provider of funding for
redevelopment projects. So we are -- we just got our certification as
a CDE, which is a community development entity, which allows us to
apply for new market credits, which we plan on doing for our p roject
in Fort Myers and additional projects.
We're also in the process of getting certified as a community
development financial institution, which is a Treasury Department
certification that allows us to attract funding from the Treasury
Department, Federal Home Loan Bank, and others sources, including
banks, that need CRA credits.
So we are somewhat unique in that we both develop and provide
funding. So we lend and we also borrow. And in this context of the
presentation for the golf course, we would be providing really capital,
so we'd be a source of funding for the development of this component
of the project, but in addition to that we'd be involved in the master
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planning of the overall project.
As my understanding goes from the various ITNs that were
issued, there's a desire for 2- to 400 units of affordable or workforce
housing. And to be careful with the terminology used, as I
understand it, it's considered affordable but really it's designed for
essential services, people making, you know, in that 30 to 80 percent
AMI, but it's really more targeted for rent rates as opposed to
incomes, as I understand it.
So I think it's important, and we all think it's important, that
going through this process and working with and in partnership with
the design team, you've already engaged the engineers and your staff,
to lay out a master plan that's cohesive, that connects, that works well
and, more importantly, I think, from your perspective, takes all the
burden off of the county for managing the process of master planning
and developing a fairly large-scale project.
And so I think what we would propose is -- and hopefully -- and
we will be submitting on the -- on January 28th for the ITN for the
housing -- that we could come in and provide really one-stop or, you
know, one- or two-stop solution for the overall development and be
engaged and involved in the designing and planning of the overall
site. Because I think there will be economies of scale that we'll gain
from this, but also just a more cohesive design.
We've done healthcare. We've done assisted living facilities,
too, in Fort Myers, and we're in partnership right now working with
Lee Health on a mixed-use project that will incorporate a health and
wellness center and potentially relocation of some of the healthcare
facilities.
I've got 14 seconds left, so I will end there, because I could keep
talking for four more hours, but I'm happy to answer questions.
CHAIRMAN SAUNDERS: If you need a couple more minutes,
go ahead. We'll give you more than 14 seconds.
January 14, 2020
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MR. BONORA: Oh, no. For the most part, that's it.
Besides me, Richard Freoin (phonetic) is here. He's a man of
very few words. I think he said eight since I've known him the past
seven years. So he is our contractor on every project that we've done.
He's built them. He's been a great partner, a great contractor. He's
built two assisted living facilities, seven apartment communities.
The first Krispy Kreme in Lee County, which is my claim to
fame in Lee County -- so when I tell people some of the projects
we've done, they don't care about residential, multifamily. I say
Krispy Kreme, and they light up. So to the extent anybody likes
doughnuts, that's me.
And Richard built it, so that was great. That was actually a
partnership with the CRA in the city of Fort Myers. We did tax
increment financing with them as part of the financing structure. We
did a HUD 221(d)(4) loan, which was a 22-month agonizing process
to get through it, but the good news that we've -- you know, I've
taken enough lumps and have to amortize that over five or 10 more
projects just to get the real value out of it, so hopefully we'll do
another one.
And, interestingly, about Collier County, it's USDA eligible. So
you actually have the ability to bring in oth er sources of funding that
aren't available outside of this area, including opportunity zone. This
site is located within an opportunity zone. Our Lakeland site is an
opportunity zone, so we've already set up an opportunity zone fund
for our project there.
It's new market tax credit eligible, not severely distressed, but it
is eligible, so that is another --
CHAIRMAN SAUNDERS: You're going way over our heads
here.
MR. BONORA: I'm just talking. That's why I said I could keep
going for -- you probably don't want to give me too much more time.
January 14, 2020
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CHAIRMAN SAUNDERS: See if there are any questions or
comments from the commission.
COMMISSIONER McDANIEL: I just did a new market credit
program refinance restructure for Goodwill of Southwest Florida.
God bless you. It's -- by the way, it is a horrible thing for taxpayers
of America at large. But not-for-profits, for us to gain -- for us to
gain assets, it's amazing.
MR. BONORA: Well, good thing about the new market --
CHAIRMAN SAUNDERS: Let's get on to the topic at issue
here. It's been a long day. We don't want to make it any longer than
it has to be.
All right. Are there any questions or comments for the second
presenter, the new Golden Gate Golf Club? I guess it's, what, the
Bonura, BHG. Any questions or comments?
(No response.)
CHAIRMAN SAUNDERS: Then let's get into a general
discussion on -- the item that's before us today is to select one of
these two vendors to engage in negotiations for the Golden Gate Golf
Course.
So we do have some public speakers.
COMMISSIONER TAYLOR: Oh, we do.
CHAIRMAN SAUNDERS: So unless the Board has some
comment right now, we'll go to the public speakers.
MR. MILLER: Your first public speaker is David Maurin --
Marren. He will be followed by Gary Mitchell.
MR. MARREN: Good afternoon. My name is Dave Marren.
I'm president of Par One Homeowners Association, which in your
diagrams of the golf course is the centerpiece, the homeowners in the
middle of the golf course.
We do have some concerns and, obviously, I've expressed these
concerns to some of the commissioners, if not all of them. But I want
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to thank the commissioners for their foresight in buying the property.
I also want to express some of the concerns that our residents
and the residents of the community have had. And I think some of
the questions -- Commissioner McDonald [sic] asked a question that
was answered by the assistant County Manager that was one of the
issues that I had concerning how the overall plan that Davidson
Engineering is developing for the entire site message with the
individual components that are going in. Because, to date, it seems
like we're looking at individual components, and it's like trying to
furnish a house without knowing the size or the location or the style
of the rooms. So we're out buying furniture to put in there without
knowing where it's going to go or how it's going to fit.
The idea of having all the components meet in a central activity
to squeeze the balloon, as you said, I think, makes a lot of sense.
With that, I think some of my other questions are answered
where we're very concerned, obviously, about the golf aspect, the
golf component. I understand and realize that it's in a conceptual
phase, that it's not written in stone what the holes will look like,
whether there will be actual nine holes, 12 holes, 14 holes that would
be part of it.
My concern is, and the concern of our residents is, that due to
some past comments made within the commission itself, there is
some doubt that this is a true effort; that it's not just paying lip service
to the vocal concerns that our homeowners and golfers in the area
have; that there is -- our concern is that as these different components
get solidified, that the golf component will shrink, and it may even
shrink out of site.
We're very, very concerned. Realizing that there are no
guarantees to be had, but we certainly hope that you would keep an
open mind, that you would realize that public golf is a real asset to
the community. It's a real asset to not only our community in Golden
January 14, 2020
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Gate. It's an asset to the entire county. There are many, many public
golfers in the county. They come -- I talk to people. They don't
even -- in the past they did not even realize that the Golden Gate was
there. They're all surprised. And, quite frankly, most of them would
join forces, I think, and support public golf of the nature that we're
discussing here today.
Again, I want to thank the commission. I want to thank the
presenters. We're really very interested in seeing this thing come to
fruition.
Thank you very much.
MR. MILLER: Your final speaker on this matter is Gary
Mitchell.
MR. MITCHELL: Good afternoon, Commissioners. I am a --
or was, I should say, corporate engineer for General Motors, and I did
hold a building contractor permit, in Michigan, that is. So I do have a
little concept of what's going on.
And I live -- I'll try and hurry up a little bit. I live on 951 right
across the street from the golf club. And I have two concerns. One is
congestion. You're taking your life -- I take my life in my hands
every time I go in and out of 21th Street. I don't know if you people
are familiar with that or not, but it's a real disaster. I have a few
opinions of what I'd like to do with that area, but anyways -- the
roads that is.
The golf course, it sounds fantastic. It really does, but I don't
really believe that's the area for it. The other fact is the noise. I
bought my house 18 years ago. You could throw a football down 951
and not hit anything. It was peaceful; it was quiet. And, of course,
you know what happened to Collier County. Boom. There goes
everything, you see. New apartment houses and everything like that.
And on a Saturday night, it's just one big party all the time, you
know. And this is my retirement home. Every dime I got is sunk
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into that. And if -- for those of you who pass, my house is the one
with the fountain in it, in the front. It's four doors down from what
used to be Porky's Last Stand.
And my wife and I built it, and we put our all into it. And like I
say, the congestion and the noise is a real concern with me. And
we -- you people had a meeting in the community center, and there
was -- a ton of people turned out for that. Unfortunately, I'm the only
one here today. But they -- their concern also was the noise and the
congestion. And that's it. I hope I didn't overrun. Thank you very
much.
CHAIRMAN SAUNDERS: You still have some time.
COMMISSIONER McDANIEL: You've got a timer right there.
MR. MITCHELL: Oh.
CHAIRMAN SAUNDERS: When it beeps, we'll let you know.
We'll let you know.
MR. MITCHELL: Oh, okay. Thank you. I know your time is
very valuable, and I know you people work extremely hard to cover
all the bases, you know. Yeah -- there it is.
CHAIRMAN SAUNDERS: You still have another minute.
COMMISSIONER McDANIEL: Thirty seconds.
MR. MITCHELL: Thirty seconds. Oh, okay.
COMMISSIONER SOLIS: Mr. Chairman, could I ask a
question.
MR. MITCHELL: I broke my train of thought.
COMMISSIONER SOLIS: How far away is your home from
the intersection?
MR. MITCHELL: About four doors. Well, right behind
Porky's Last Stand would be -- it's Cracklin Jack's right now. It
would be south.
COMMISSIONER SOLIS: South. How far south --
MR. MITCHELL: 27th Street.
January 14, 2020
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CHAIRMAN SAUNDERS: And you're on the east side of 951?
MR. MITCHELL: That would be correct, yes.
COMMISSIONER McDANIEL: It's about a quarter mile south
of the intersection.
COMMISSIONER SOLIS: That's what I was thinking.
COMMISSIONER McDANIEL: Maybe -- not quite a half.
MR. MITCHELL: We have -- like I say, you're adding to an
already congested problem sound-wise and traffic-wise.
Oh, I'll tell you what's surprised me, too. These gentlemen told
me how beautiful the golf course is, you know, and I got all excited,
because I don't play golf. I could go over there and fool around. But
the -- this is what happens when you get old. Everything goes right
over your head. You forget what you're going to say.
CHAIRMAN SAUNDERS: This item will be coming back.
We're only today considering --
MR. MITCHELL: It will be?
CHAIRMAN SAUNDERS: Yeah.
MR. MITCHELL: That's terrific. Thank you.
CHAIRMAN SAUNDERS: Yeah. So we'll -- write it down
next time when you're ready to -- you won't forget.
MR. MITCHELL: I didn't know enough to do that. I apologize.
CHAIRMAN SAUNDERS: That's okay. Thank you very
much.
MR. MILLER: Thank you.
CHAIRMAN SAUNDERS: All right. The issue is selection of
a vendor for purposes of negotiating an agreement along the lines of
what's contained in these two packages.
And, Commissioner McDaniel, you're lit up first.
COMMISSIONER McDANIEL: Well -- and on that note, I
think -- are we supposed -- my question is, are we supposed to select
the vendor or just authorize the ranking that's already been done?
January 14, 2020
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MR. OCHS: No. The staff recommended ClubCorp Proposal
No. 1 and Bonura Hospitality Group No. 2. That's the staff selection
committee recommendation. Obviously, the Board is free to make
their own decision and direct us accordingly.
COMMISSIONER McDANIEL: Well -- and I had a couple of
concerns, number one, and I spoke with regard to that, Commissioner
Saunders, as far as the overall layout and who was going to be in
charge of that, and that issue necessarily has been quelled for now.
There's positives -- and personally I'm just sharing. I'm just --
there's positives and negatives to -- necessarily to both.
I really like the concept of the BigShots Golf, but it may be, as
somebody said, squeezing the balloon a little bit more than we
necessarily need to. The noise, the traffic, the lighting. There's
residential areas that are there that are going to be impacted by that
type of an operation irrespective of where you point it. And the one
speaker that came to talk today is on the east side of 951 and would
be -- and the folks over there would have that impact from the noise.
The second presenter, the BHG group potentially has, depending
on the facilities that they build with those indoor -- and I've used
those indoor facilities before. They're nice.
COMMISSIONER TAYLOR: Have you?
COMMISSIONER McDANIEL: Yes. It's almost -- you don't
hit much farther than from here to the back wall, and it's all on video,
and it plays out the shot. There's no noise, exterior noise. The
lighting is maintained. The hours of operation are sufficient. It's air
conditioned, so on and so forth.
So I like the concept of the BigShots Golf, but I also have
concerns with regard to the residential aspects and the neighborhood,
so...
CHAIRMAN SAUNDERS: Commissioner -- I'm sorry.
Commissioner Solis.
January 14, 2020
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COMMISSIONER SOLIS: I've been -- you know, I've been the
one, I think -- at least I think people have been referring to me as the
stick in the mud on this issue of running a golf course, which I'm still
not in favor of actually running a golf course.
But I would say that the BigShots proposal intrigues me. It's
really intriguing. I mean, it's not -- it's outside of the box to a great
extent, and there's an example of it in Florida that we could actually
go see, and I plan on doing that. I mean, this is a really interesting
venue that I plan on visiting.
So, you know, I think they're both great companies, but just for
me, if we're going to -- if we're going to do this, I would like to see
something innovative that's going to bring people.
Another, you know, golf course kind of run in the same old
way -- or I shouldn't say "same old way," but the same way that all
the other golf courses are run, it just doesn't make sense to me. If
we're going to do something, let's do something innovative.
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: Yes. I would like to see us go back
and see if we can't get a few other proposals. I hear that everybody
likes this BigShots. To me it sounds like honky tonk -- honky tonk
New Jersey, or I should say New Jersey. Maybe I should say -- well,
any old big city where you have to sit in a place all the time and play
your golf inside and everything inside instead of looking and
listening or living in a beautiful place with great weather like we live
in. And everybody wants to be at the beach like we just saw, and
everything is inside instead. It doesn't sound wholesome to me. But,
anyone, I did not care for the first one. I cared for the second one
better, because at least it was outside, or some of it was.
CHAIRMAN SAUNDERS: All right. Commissioner Taylor lit
up. As she's coming up to the microphone, I'm going to make a
motion, and I'll explain my motion after everyone has spoken. But
January 14, 2020
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I'm going to make a motion to go with the first proposal in terms of
the invitation to negotiate because of the items as outlined by
Commissioner Solis. So I want that motion on the floor.
Commissioner Taylor.
COMMISSIONER TAYLOR: I wanted to show this to
everyone. I wanted to look at -- try to envision what -- they're very
different, very different. Wonderful ideas, both of these companies.
But look at the difference in what was presented. On the left is
the Bonura folks, the BHG, and on the right is the BigShots.
To me, if I was living there, look at the distance between the
residential Par 1 and BigShots. These are open bays. There's going
to be noise and there's going to be light. I don't care which direction
they face it. There's going to be -- this is an activity center in the true
sense of the word.
And just the idea that you could start with the youth and bring
youth to a miniature golf course, to me, that's so intriguing. I mean,
that's -- again, I guess maybe that's my age and my sex, but it's
nurturing. It's nurturing this community, whereas on the right it's
changing it so drastically. Not that this isn't a fabulous idea, but I'm
not so sure this is the place for this kind of activity.
And I really was impressed with the concept of planning it, even
though we will have -- and I want the community to know that. This
is not a plan on the left that is ours. This is the proposal by this
entity.
But I like the idea of placing what is of value to us when we talk
about this, where the plan on the right didn't do it.
So I'm inclined to -- and to favor the Bonura group. It's more
what I think will fit into this neighborhood and bring me -- and
revitalize golf. You always talked about a public golf course, and
this, the one on the left is as close to it as we could possibly get.
I'm not sure about the financing. I think I would depend on our
January 14, 2020
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staff about that to understand if it's solid, if this is just a lot of -- you
know, if this is a salesman or if this is really foundational, because I
do think the finance for the BigShot is going to be derived directly
from the alcohol sales and food sales and 52 bays in a building that is
sitting fairly close to residential, whereas on the left, that's going to
be more of an investment into the -- to the game of golf.
So at this point I would not be able to support the motion as
stated.
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: Yeah. Would BigShots be
allowing gambling?
CHAIRMAN SAUNDERS: Of course not.
COMMISSIONER FIALA: Oh, I don't know that, so I asked.
MR. CASALANGUIDA: No, ma'am.
CHAIRMAN SAUNDERS: That's illegal in Florida.
MR. OCHS: No, Commissioner.
COMMISSIONER FIALA: I don't know. It looked like a place
that you would gamble in from the pictures. You know, it just kind
of looked like Las Vegas or something.
CHAIRMAN SAUNDERS: Okay. Any other -- in terms of the
motion, I don't know if there's going to be a second to the motion or
not, but I'm going to ask one of my --
COMMISSIONER SOLIS: I'll second it.
CHAIRMAN SAUNDERS: I appreciate that.
And, Andy, you said that you were a little bit of a stick in the
mud in terms of golf, and that you were one -- you were one stick.
There were four sticks in the mud, and I was one of them.
COMMISSIONER SOLIS: Okay.
CHAIRMAN SAUNDERS: I have been opposed to the county
owning and operating a golf club. That's been our position, four of
us, from the very first that we got on this commission, and that was
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clearly stated when we bought this property.
And so what we've come up with with either one of these
vendors, but I think with BigShots in particular, what we've come up
with is a way to develop a quality -- a very high quality golf course,
one that we'll all be proud of, one that players will be proud to play
on, and we're able to do that, have a first world-class operator, and
we have no exposure in terms of the cost to develop the golf course,
which I understand could be anywhere from 3 to $5 million plus just
for the holes that are to be developed. We have no exposure if there
are losses in the operations of the golf course.
We have a world-class operator. Two hundred properties, 160
golf courses, a billion dollars in revenue I believe I read in one of the
reports. We're not going to have a financial problem. And this is not
to denigrate the other proposal. But there is a huge difference
between these two entities.
And, Commissioner Fiala, to say, well, we'd like to get more
proposals, I don't know how we could get any better proposals than
the two that we have in front of us. We have two proposals. Again,
I'm leaning strongly in favor of ClubCorp because of the company,
because of their reputation, because of what I know that they can
bring to this community.
But to say we need more time, just to me, you're not going t o get
anything better than what we've got. So I'm going to urge the Board
to direct staff to negotiate with ClubCorp. This is just step one of a
multiphase, multistep process. If there's going to be a problem with
noise and glare and all of those sorts of things, we're going to ferret
that out, and we won't do the project. But I don't believe that that's
going to be a problem.
So that's my motion, and I appreciate the second, and I would
ask at least one of my other colleagues to support that motion. Any
other comments?
January 14, 2020
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COMMISSIONER FIALA: Just one more.
CHAIRMAN SAUNDERS: Commissioner McDaniel is lit up.
COMMISSIONER FIALA: I'm sorry.
COMMISSIONER McDANIEL: Yes, yes. I'm going to support
the motion, and I'm going to tell you why: I had a list here with
regard to the housing and the nursing home. I want a commitment
specifically with regard to the communication with First Tee and the
rates and things that are associated with that local golf. I want some
formal commitment with regard to that. I know -- that's a demand.
But the top line -- and you need to hear this. The top line note
that I had here was Commissioner -- I actually wrote "Burt." But to
Commissioner Saunders, does this get us where we need to go.
You're the commissioner of the district. I'm relying heavily on
your knowledge and time spent within the district and knowing what
the residents, in fact, are looking for. And it's my top -line note. And,
again, I expressed my concerns with the BigShot Golf proposal. But
as you wisely said, we're going to ferret those things out and do the
best we can to mitigate and keep the negative impacts to a low roar,
so...
CHAIRMAN SAUNDERS: Commissioner Taylor.
COMMISSIONER TAYLOR: Yeah. Commissioner Fiala, one
of the concerns I had is when this ITN went out, it went over
Thanksgiving, first of December -- first of November to, I think, the
4th of December, but then I was told that Mr. Willig called
companies. I mean, they -- the staff did their own research to call to
let them know that that was on the market. So I think staff did do as
much as they could do.
This is a -- this is a very unique situation, and the list of entities
to call isn't that great, I'm understanding. So staff really did work at
this despite the Thanksgiving holiday.
But my first thought was, this is too short. We need to go out in
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January, and we need to give it a couple months, and we need to try it
again. So I empathize with you, but I wanted to communicate that
with you.
CHAIRMAN SAUNDERS: Okay. Commissioner Fiala.
COMMISSIONER FIALA: Don't forget, I'm always the one
that worries about the people and not the big business, so that's
coming from me. And that is, what happens to those people that live
in the middle of that doughnut? And especially if the music goes on
until 12:00, 1:00 at night, the drunks maybe happen to be leaving at
that time -- well, it does happen if they're there most of the evening. I
just wonder if there's noise --
CHAIRMAN SAUNDERS: You've talked about noise, you've
talked about gambling.
COMMISSIONER FIALA: Excuse me. Excuse me.
CHAIRMAN SAUNDERS: You've talked about Las Vegas.
Now you're talking about drunks. It just -- I don't understand it.
COMMISSIONER FIALA: You know what, that's what it
looks like to me, so I'm allowed to say what I think it looks like.
CHAIRMAN SAUNDERS: Unbelievable. Okay. Go ahead.
I'm sorry for interrupting, but it just -- it's just so many different
statements about things that just can't happen there. People can get
drunk anywhere, I would understand that.
COMMISSIONER FIALA: Yes.
CHAIRMAN SAUNDERS: They do that at the chickee bar
there.
COMMISSIONER FIALA: People happen to be living in the
middle of all of this noise and so forth. They don't have that now.
CHAIRMAN SAUNDERS: Okay. Any other comments or
questions from the commission?
(No response.)
CHAIRMAN SAUNDERS: If not, I'll call for the vote. All in
January 14, 2020
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favor, signify by saying aye.
COMMISSIONER SOLIS: Aye.
CHAIRMAN SAUNDERS: Aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SAUNDERS: All opposed, signify by saying no.
COMMISSIONER FIALA: No.
COMMISSIONER TAYLOR: No.
CHAIRMAN SAUNDERS: It passes 3-2.
Mr. Ochs, what's the next item on our agenda?
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Commissioner, we're moving to Item 15, which is
the staff and commission communications.
COMMISSIONER FIALA: Terri, are you okay?
MR. OCHS: I have a couple of quick items. First is just a
reminder that on January 21st at 9:00 a.m. there's a BCC Rivergrass
Village Stewardship Receiving Area workshop in this commission
chambers.
Secondly, Commissioners, I think each of you received a visit
late last year from elected officials from the City of Bonita Springs
and the Village of Estero asking if you would allow the staff to work
with their staffs along with the staff of the Big Cypress Basin and the
South Florida Water Management District to evaluate the concept of
an expansion of the Big Cypress Basin boundaries in the areas of
southern Lee County. That would include areas of Bonita Springs
and Estero and certain unincorporated areas that kind of aligned with
the -- with the Basin that doesn't just stop at the county line. It
extends into Lee County.
January 14, 2020
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So I need to get some formal approval, in my opinion, from the
Board if you want me to spend some staff time working with those
other staffs to evaluate this and vet it and then bring back some
recommendations to this board at some future date.
CHAIRMAN SAUNDERS: Okay. Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah, I haven't hit my light,
but I will, if you want. I like the idea. It's been regularly discussed.
Water knows no bounds. It goes downhill. We are on the receiving
end of our watershed that is up there as well. And I think that it
would be prudent for us to further explore this opportunity to bring in
that basin, Bonita Springs, Estero, and the like, and explore it. I
mean, certainly it's been talked. You know, we wouldn't be doing our
due diligence if we just shut it down. I think it needs to be done.
CHAIRMAN SAUNDERS: I would agree with you. I don't see
anybody else's lights lit up. I would agree. I believe there may even
be legislation that's already been filed. Oh, I'm sorry.
COMMISSIONER McDANIEL: We'll all hit our button at
once.
CHAIRMAN SAUNDERS: This is the -- it must be delayed.
There may be legislation pending this session to do just that. So I
think having staff look into it makes a lot of sense.
Commissioner Solis.
COMMISSIONER SOLIS: Yeah. I think, having spoken with
the mayor of Bonita Springs, I'm not against looking into it, but I'm
still trying to figure out what's in it for us, and I'll just be -- I'll be
blunt. What's the benefit to Collier County from agreeing to do this?
And I want to understand that. If there is, then, certainly I need to
understand that, so -- but I'm not against having staff look at it. But
I'm --
CHAIRMAN SAUNDERS: Okay. Commissioner Fiala.
COMMISSIONER FIALA: Yes. I had a group of people in my
January 14, 2020
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office, and some of them were from Estero and Fort Myers, as a
matter of fact. But we were talking about something else entirely,
until we got a -- I asked them what they thought of this, and they
said, you know, when this was established, it was so that we had our
own pot of money. Nobody else could take part of it or anything, and
that would be ours to spend as it is -- as it pleases. They had to
pass -- I think it was in the late '70s they had to pass it through the
Senate and the Legislature, and they voted for it. It's been a lifesaver.
You saw how many times it was on this agenda, as a matter of fact,
using that.
Now, if we open it up to everybody, they have a say, too. And
as I said in another meeting before, we sat a couple times in an MPO
meeting with Lee County. Lee County had abou t 16 people voting
because of the different municipalities, and we had about eight
people voting. And every time we lost; they won. And what was
ours isn't ours anymore.
I feel uncomfortable with it. If you want to talk about it some
more, that's fine. I sure do feel uncomfortable about it because I've
experienced when it happens. And I can't understand why we would
all of a sudden want to say, we've got this big pot of money, so
maybe we could divide it a little bit. That's my feeling.
CHAIRMAN SAUNDERS: That's not the way it would work.
The Water Management District levies a tax in Collier County for the
Big Cypress Basin. All the money collected in Collier County from
the Big Cypress from that water management district tax stays in
Collier County.
In Lee County, the area that is part of the Big Cypress Basin,
hydrologically is actually included in the Okeechobee basin for tax
purposes. So the money raised in Lee County that comes from the
hydrologic basin goes to the East Coast of Florida, and is used in the
Okeechobee basin.
January 14, 2020
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If Lee County becomes part of the Big Cypress Basin for tax
purposes, there will be a levy in Lee County. They will have their
own levy. It won't impact the money that Collier County receives
from the taxes in Collier County. So there won't be any giving away
the store, if you will.
The issue becomes whether or not -- and this, I think, addresses
Commissioner Solis' concern. What is it in -- what's in it for Collier
County? And that, as Commissioner McDaniel indicated, water
knows no legal boundaries. I've been told from time to time that
there are places like in Corkscrew where they'd like to get more
water. Well, having a Big Cypress Basin encompasses both Lee and
Collier Counties. With them determining how they spend their
money and with us determining how we spend our money with
collaboration, perhaps, there could be that type of an agreement
where Corkscrew gets more flow. Those are the types of things that
would come from that. But it would not be a situation where Collier
County would be giving up --
COMMISSIONER FIALA: Let me finish what I was going to
say.
So it was at the CREW, Corkscrew Region Ecosystem
Watershed trustee board meeting. Everyone was there representing
all of the counties. And the one guy said, who was the one that
introduced this idea in the first place? I said, I have no idea. He said
it was Burt Saunders.
CHAIRMAN SAUNDERS: I introduced this on behalf -- I'm
sorry. Go ahead. I'll explain that.
COMMISSIONER FIALA: And then he said, are you sure you
want to really divide up your money? And he lives in Lee County.
He said, that's -- you know, if I were you, I would I think about that a
second time. So I said I'll bring it back to my board.
CHAIRMAN SAUNDERS: I was doing some lobbying for Lee
January 14, 2020
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County a few years ago before getting on the Collier County
Commission, and one of the issues they wanted to do was to be
included in the Big Cypress Basin so they could have the same types
of benefits that Collier County gets. Never any potential for Lee
County taking any of Collier County's money. So I do find that
comment -- I've explained that. You've repeated it. I'm going to
repeat again: Collier County, if this does -- something like this does
happen -- and I'm not involved in that discussion at this point right
now. But if that does happen, Collier County is not going to lose
money. So I don't know who you talked to. It doesn't matter. It's
incorrect.
Yes, sir.
COMMISSIONER SOLIS: I was just going to suggest -- and I
think the County Manager was just looking for some directions. Do
we want staff to just look at this some more and maybe talk to -- I
think, rather than debate the ins and outs of it, because I don't know
enough about it really to have a conversation yet.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah, and I know enough to
be dangerous. And the comment is, with regard to that, the water
knows no legal bounds. I know there are efforts with the
construction of the C43 reservoir. The main canal system that runs
between Lee and Hendry County, right down the west boundary of
one of my old properties, comes right out of that corner and goes
right straight underneath 82 and right straight into the CREW's.
And I know the East Lee County Drainage District is looking to
take additional water and flow it out through -- water-quality
circumstances -- out through the East Lee County drainage system in
Eastern Lehigh Acres right now. That's all going on as we speak.
So -- and I concur with Commissioner Saunders. I wouldn't sit
still for the taxpayers' money that's being paid by Collier County into
January 14, 2020
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the basin to be tanks away from, only added to if, in fact, we can
bring in the hydrological aspects of what's going on up in Lee and
Estero, so...
CHAIRMAN SAUNDERS: Any other comments on that? We
had a motion and seconded, and I think we -- have we voted on that
yet?
COMMISSIONER McDANIEL: He was looking for head nods.
MR. OCHS: Just some consensus from the --
(Simultaneous crosstalk.)
COMMISSIONER TAYLOR: And in these meetings, I would
be very interested in doing some historic forensic on the funding of
different projects, because I'm not so sure every project that we have
in Collier County is funded solely by Big Cypress Basin.
COMMISSIONER McDANIEL: It's not.
MR. OCHS: Yeah.
COMMISSIONER TAYLOR: So I want to know how much
South Florida -- because, indeed, South Florida and that whole basin
contributes to what we do here also --
MR. OCHS: That's true.
COMMISSIONER TAYLOR: -- as it would ever. So I think
that's very important.
MR. OCHS: Will do. Thank you.
CHAIRMAN SAUNDERS: I think that concludes the agenda.
We're on Item No. 12, or is there anything else?
MR. OCHS: No. This is Item 15 we're on, Mr. Chairman, staff
and commission communications. I was just giving my initial
communication.
CHAIRMAN SAUNDERS: Oh, I'm sorry. Okay.
MR. OCHS: I do have two others items that I don't know that
if -- that I spoke with individual commissioners about, and I don't
know if they want me to cover these or they're going to do it during
January 14, 2020
Page 173
their communication. So I'll just ask Commissioner Taylor, I know,
wanted to talk to the Board --
COMMISSIONER TAYLOR: About the water?
MR. OCHS: No. This is about the reconsideration on the grant
for the landscape.
COMMISSIONER TAYLOR: Oh, yes.
MR. OCHS: Median maintenance.
COMMISSIONER TAYLOR: Yes. Yes, I would like you to
cover that, if you would.
MR. OCHS: Well, Commissioners, if you recall, I think it was
your December meeting you agreed during communications from
Commissioner Taylor to reconsider your decision to not pursue a
grant with the Florida Department of Transportation for median
landscaping on the East Trail east of Collier Boulevard, and she had
mentioned that she had been told that the maintenance costs had been
mitigated to an extent that we may want to reconsider that grant
because it's not going to come around again. So she asked us for
some information on current costs. I think this slide kind of paints
the picture, Commissioner Taylor, and you can work off this is you'd
like.
COMMISSIONER TAYLOR: No, sir. You present it.
MR. OCHS: Essentially, Commissioners, what you have here is
an update on landscape maintenance costs. You can see on the total
maintenance costs of our current program and then what additional
costs would be incurred if we got into the grant agreement with the
State. Total is a little over $10.2 million.
If you look at our budget in terms of expense and revenues and
potential deficits, with the current program we're running a little bit
of a deficit if we took on the expenses of that grant, even with the
state putting in the capital component, the ongoing obligation of the
county with maintenance pushes us over budget by almost $645,000.
January 14, 2020
Page 174
COMMISSIONER TAYLOR: On an annual basis?
MR. OCHS: Yes, ma'am. And the point of the staff analysis
here is to say that while maintenance costs overall may have
mitigated somewhat, we don't think they've reduced to the point
where we would have changed our recommendation to e nter into that
grant agreement.
Now, Commissioner Taylor had gotten a consensus from the
Board to put it back on the agenda for reconsideration. She said, let's
present this information, and then, Commissioner, I'll hand it over to
you at this point on how you want to proceed.
COMMISSIONER TAYLOR: Well, I was very moved by this
information, and I thought that I would bring it up under
correspondence and communication to see if you wanted to put it
back on the agenda for further vetting or if the majority of this board
still agrees that we cannot accept this very generous grant from
FDOT, and we have to cap the program where it is at this point.
CHAIRMAN SAUNDERS: Commissioner McDaniel.
COMMISSIONER McDANIEL: I voted to support your
request to bring it back knowing all this. Would you vote for that?
COMMISSIONER TAYLOR: Uh-uh.
COMMISSIONER McDANIEL: Okay. Then no.
CHAIRMAN SAUNDERS: Commissioner Solis.
COMMISSIONER SOLIS: It's still a BOGO at Publix thing for
me.
CHAIRMAN SAUNDERS: Commissioner Fiala.
(No response.)
COMMISSIONER TAYLOR: It's disappointing, but the
numbers are there.
CHAIRMAN SAUNDERS: I agree with the majority. You
know, we made a policy decision to get our hands around this
maintenance problem before we do any more landscaping, so...
January 14, 2020
Page 175
MR. OCHS: Yes. Very good. Thank you.
And the last item I had, and this pertains to a discussion with the
County Attorney and Commissioner Solis.
As you know, we're soliciting for a new Hearing Examiner, and
the commissioner had a few suggestions for thoughtful changes on
the HEX ordinance, and I didn't know if you were going to cover
those during your communication.
COMMISSIONER SOLIS: I hadn't planned on doing that
today.
MR. OCHS: Would you like to hold off till a subsequent
meeting on that?
COMMISSIONER SOLIS: Yeah, because the County Attorney
and I had had a conversation about it, and I think there was some
revisions maybe. I haven't seen them since our conversation. So
maybe we can do that. Are we in a hurry for this?
MR. CASALANGUIDA: No. We just -- we held off
advertising it until we know what the terms were going to be. I think
the Board has already given us direction that you didn't want it to be
a contract position anymore in a sense of what we had in the past;
that you wanted it to be like an hourly rate?
MR. OCHS: Independent contractor.
MR. CASALANGUIDA: Right, independent contractor. And I
think Jeff had sent some language over to you. You were going to
look at it. But before we advertise it, I wanted to includ e it in the
advertising. So we can wait till the next meeting. You could take a
look at it, and then we can put it out after that.
COMMISSIONER SOLIS: I'd like to do that. I mean, I think
there was -- to make it a true hearing examiner position, there were a
number of things that I think that needed to be changed, and we
discussed those. I just haven't seen them. So if we could roll that
over, then I'd be more prepared.
January 14, 2020
Page 176
MR. OCHS: Very good.
That's all I have, Mr. Chairman. Thank you.
CHAIRMAN SAUNDERS: All right.
Commissioner McDaniel, you have something to add for the
good of the order?
COMMISSIONER McDANIEL: Well, you prefaced it with
"for the good of the order." No.
CHAIRMAN SAUNDERS: Okay. Commissioner Taylor?
COMMISSIONER TAYLOR: No. Is that no? No?
COMMISSIONER McDANIEL: It's no.
COMMISSIONER TAYLOR: You have nothing to say.
COMMISSIONER McDANIEL: I have lots to say, but he
prefaced it with -- he made me say it's got to be for the good of the
order, so I'm not going to say anything.
COMMISSIONER TAYLOR: Well, I'm not sure this is good of
the order, but we did have unanimous support for a water quality
meeting, and we're moving along. We've got a date of February the
18th. It will be here, and it will be here rather than North Collier
because that way it's more accessible to people in the east, like Marco
Island, if they want to come.
At this point, we are looking at eight speakers but, you know,
we're right at the preliminary part of -- beginning of this. But,
FGCU, University of Florida, Mote Marine. There's one other -- are
represented, and they are -- it's science based, so just to let you know.
And then to talk -- it's very interesting. My -- Sherry, my
assistant, told me that we all know that the pet issue is coming bac k
to us about the sale of pets. And, apparently, the gentleman who has
built -- who wants it who is the businessman here who got all these
folks coming in from the East Coast bussed in to testify at this
meeting actually sued the -- Commissioner Michelle Lazaro for
public defamation and cyber stalking, and I just want you to know he
January 14, 2020
Page 177
lost. So I thought that was very interesting.
And then another just kind of scrivener's thing. Apparently,
when he did the Tim Nance agreed -- and, again, it was -- thank you
for that support for the naming of the center and staff, to their credit,
said, well, this is the way it was approved, Tim Nance Recycling
Drop-Off Center.
I did get an email from Tim Nance right away. He said, thank
you. Old commissioners like to be recycled. What I did was is I
changed the name, and we have to have it approved, if that's okay.
But I did it in conjunction with Dr. Yilmaz. And it's going to be
called the Tim Nance Collier County Recycling Center. And if we
have -- well --
COMMISSIONER McDANIEL: Especially if he doesn't want
to be recycled, we'll put Collier County in.
COMMISSIONER TAYLOR: So -- okay. So good. So now
that staff -- you know, and to their credit, they said, no, this is what
was passed. We can't do anything diff erent. I said, let's -- let me see
if I can get approval from my --
CHAIRMAN SAUNDERS: Any objections to that?
COMMISSIONER TAYLOR: -- colleagues.
CHAIRMAN SAUNDERS: Okay.
COMMISSIONER McDANIEL: No.
COMMISSIONER TAYLOR: All right. So -- and that's all I
have right now. Thank you.
CHAIRMAN SAUNDERS: Commissioner Solis.
COMMISSIONER TAYLOR: Oh, no. Excuse me. Well-run
meeting. Thank you. Except it's 3:23.
CHAIRMAN SAUNDERS: See if we get out of here by 3:25.
COMMISSIONER McDANIEL: And then he looks at
Commissioner Solis.
COMMISSIONER SOLIS: Well, let me get out my long list of
January 14, 2020
Page 178
things. No. The only thing I was going to ask -- and a while back I
had had a conversation with the County Manager about giving some
thought to kind of the growing trend in both the private sector and the
public sector, I think, is looking at the possibility of a position of
chief recycle person or sustainability, I think, is what --
MR. OCHS: Resilience.
COMMISSIONER SOLIS: Resiliency. To see if there's -- if it
would be of benefit to have, you know, more coordination in how we
recycle. Are we doing -- I mean, we're doing great things in Collier
County, and Dr. George, thank you for all you do. But are we
looking at all the opportunities to recycle and re-purpose whatever we
can? I just -- I wanted to throw that out there to see if we've had any
more thought about that.
MR. OCHS: We've had some discussions about it. I haven't
been persuaded that we need to ask you for --
COMMISSIONER SOLIS: Okay.
MR. OCHS: -- for a dedicated resiliency officer. We do try to
integrate that in everything that we do in all our projects and all of
our disciplines, because, you know, that concept extends well beyond
just solid waste management. There's energy management --
COMMISSIONER SOLIS: Right.
MR. OCHS: -- water-resource management, and all of the
things that we try to make sure we're coordinated internally on that.
COMMISSIONER SOLIS: Right. Maybe at some time, if
there's going to be an agenda that's not going to take us past 3:30, I'd
like to hear more of that. I think the public would like to hear more
about what we do as a county in all aspects. I mean, we know we
have a recycling program and solid waste and water and things like
that, but I think it would be helpful to understand what we're doing
overall and the concerted efforts that we're engaged in to try to
minimize our impact on the environment. So I think that would be
January 14, 2020
Page 179
helpful.
MR. OCHS: What I'll do is I'll send you out a little mini white
paper and just kind of outline what those officers do in other
organizations, and maybe we could have a dialogue about it during
budget policy or something if you'd like to pursue it.
CHAIRMAN SAUNDERS: Commissioner Taylor, you have
something else you wanted to --
COMMISSIONER TAYLOR: Yes, because not only recycling,
but when you talk about resiliency and I think about climate change
and the surprise of a woman that I spoke to in my office who has
been hired by the Conservancy to address public information abou t
climate change and the effects of it, she was visibly surprised that we
are already preparing for sea level rise and what we're doing. And so
in that, I think it would be very, very helpful to put -- because it is
part of resiliency.
And I think the recycling would be fascinating, because now
that China has decided they aren't going to recycle -- take our
recyclable goods anymore, it does change what we can recycle. And
one of the things that I did over the holidays, obviously, is I put my
dark bottles into the garbage for the first time in years, and it hurt. It
really hurt, because they're not taking dark bottles, any glass bottles
anymore.
CHAIRMAN SAUNDERS: Commissioner Fiala.
COMMISSIONER FIALA: Yes. I know that the people along
US 41 have been looking forward to the landscaping that the State
was giving them a grant -- giving us a grant to do, and they -- and
they're now going to be extremely disappointed knowing they'll never
have any, and I'm wondering if there's a way -- well -- and let me say,
people on Marco Island are going to be extremely disappointed
because they were waiting for this last piece of 951 to be finished.
And, of course, again, they were told that the State will be approving
January 14, 2020
Page 180
the funding and they could get it done, and now we're not doing that
either.
I'm going to ask and see if there's any way -- I have to check
with FDOT first, but if there's a way that Marco Island wants to try
and fund the maintenance of it on that last piece of 951 that needs to
be done, and if they want to -- and I don't know if they want to or
not -- if the State would allow them to on their own property, because
these are both state properties that they pay us to maintain.
And I don't think that those -- there's, I don't know, quite a few
communities along the U.S. 41 corridor, but I don't think that they
could, combined, have enough money to maintain it. But, anyway --
but the State has been paying us to maintain that. I don't know if
somebody will --
MR. OCHS: Not the medians. They maintain the pavement.
COMMISSIONER FIALA: They don't maintain the medians
along 951?
MR. CASALANGUIDA: We maintain the medians.
COMMISSIONER FIALA: Pay us. We maintain them, but
they pay us, don't they?
MR. CASALANGUIDA: No. Whenever they put in -- I
believe on 41 we might have some maintenance agreement, but
whenever they put in new capital landscaping --
COMMISSIONER FIALA: Yes.
MR. CASALANGUIDA: -- the deal with the State is we take
over the maintenance.
COMMISSIONER FIALA: Oh, I see. So they don't pay for
anything?
MR. CASALANGUIDA: Right.
COMMISSIONER FIALA: Okay. So then if I'm asking Marco,
they would have to get approval from the State to do it themselves
but only because they're working on State property, right?
January 14, 2020
Page 181
MR. CASALANGUIDA: They would have to -- if Marco
wanted to see it, Marco would just have to do a funding agreement
for the maintenance, if the State wanted to pick that up. But, you
know, that would get complicated, and I can certainly talk to our
Marco counterparts and see if they're interested.
COMMISSIONER FIALA: I'll just tell everybody they can't --
we're not giving it to them.
MR. OCHS: We'll be happy to talk to the staff at Marco if they
want to --
COMMISSIONER McDANIEL: Yeah. I would actually
suggest, Commissioner Fiala, if you reached out or had our staff
reach out to their staff to have that discussion. I mean, the largest
prohibitive -- for me, personally, it's not turning down the grant
money. It's the ongoing annual forever expense of 60- -- almost
600,000 a year, if I'm not mistaken.
MR. CASALANGUIDA: And it's predominantly on 41 as well,
too. I think that --
COMMISSIONER McDANIEL: I don't want to misquote the
actual expense. But speaking with the counterparts on Marco would
be a good thing to do. If those residents were interested in assisting
with that expense, that might help bring me over, not totally from the
dark side, but bring me over a little bit.
COMMISSIONER TAYLOR: Yeah.
COMMISSIONER FIALA: Is there any other place that the
State still needs to have landscaping in that we're not going to fund,
or is it just these two places?
COMMISSIONER TAYLOR: In Collier County?
MR. CASALANGUIDA: Well, I can't speak for Lee County,
our neighboring counties.
COMMISSIONER FIALA: No, I'm talking here in Collier.
MR. CASALANGUIDA: They plan on -- they typically
January 14, 2020
Page 182
enhance the interchanges. They have been doing a little bit, and
they'll do a maintenance agreement with us or they'll maintain it
themselves, if it's an interchange. But the trend the last five to 10
years has been, we'll put the capital in, you maintain it. That's been
their enticement to local communities to see the landscaping.
COMMISSIONER FIALA: We've got the overpass coming up
pretty soon, don't we?
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER FIALA: And that would, then, be another
place, right?
MR. CASALANGUIDA: It would, except I keep pushing that
project out. We're asking our state legislative folks --
COMMISSIONER FIALA: If it does happen -- and, of course,
we might change commissioners then, and it might change, too. But
right now that is theirs also, right?
MR. CASALANGUIDA: Yes, ma'am. That's about five years
out right now, and we're trying to get them to bring it back into the
work program.
COMMISSIONER McDANIEL: Are you talking about the
flyover on 951 and 41?
COMMISSIONER FIALA: Yeah.
COMMISSIONER McDANIEL: The overpass.
CHAIRMAN SAUNDERS: Anything else?
(No response.)
CHAIRMAN SAUNDERS: All right. I have nothing to add
other than to thank staff for the good work they've done.
COMMISSIONER TAYLOR: The Clerk wants to announce
something.
CHAIRMAN SAUNDERS: I'm sorry. Madam Clerk.
THE CLERK: Could I? I hate to belabor. I can see that you
really do want to go, but I had some quick things.
January 14, 2020
Page 183
First of all, when you mentioned thanking staff and
Commissioner McDaniel, I want to add to that, because we have
really built a good relationship and talk over the agenda items and
anything regarding the Clerk's Office, and Leo and staff have been
great. And I think we're building a great cooperation. That's first and
foremost.
Then we launched a week ago Monday a risk alert notification
to the citizens, and thank you for the Naples Daily News for also
putting that out there. As of today, we already have 320 subscribers.
So it's just another tool in the tool kit to help the citizens if anything
would happen with their properties.
I'm also doing a Marco Island branch library meeting on
everything that the Clerk does for Collier County that the citizens can
come into our office. We'll be giving them a presentation on the
Clerk's Office. We've been doing that mostly in season last year, but
we're going to go down to Marco, then we'll do the headquarters
library back on Orange Blossom and South Regional branch. So all
of this is on collierclerk.com.
Last, but not least, is Valentine's Day. For anyone that is
married, we are doing a vow renewal ceremony on February 14th.
And we have gotten some partners in the community that are
contributing to that.
So we will have some refreshments, a cake, and I'll be doing a
mass wedding for those individuals that sign up, a real wedding for
their first marriage, and then right after that we're going to do a vow
renewal. So if you have a spouse or you are ready to do the real
marriage, we can do both of those on February 14th.
So I just wanted to make the public aware of that, and anyone
else that wants to participate, please sign up on our website,
collierclerk.com. Thank you.
CHAIRMAN SAUNDERS: The only thing I would add is we
January 14, 2020
Page 184
have the workshop next Tuesday --
MR. OCHS: Yes, sir.
CHAIRMAN SAUNDERS: -- on the Rivergrass as well as
the -- just the issues of what we have to approve and what we don't
have to approve based on prior Board approval. I think that's going
to be a fairly lengthy workshop, and I would encourage you to take a
look at your materials, because I think there are going to be some
significant issues we're going to be debating and, of course, we have
the hearing on the 28th.
MR. OCHS: Yes. Your workshop materials will be posted to
your agenda system by noon tomorrow.
CHAIRMAN SAUNDERS: I suspect that that hearing on the
28th will be a fairly lengthy one as well.
MR. OCHS: Yes, sir.
CHAIRMAN SAUNDERS: So if there are items that are on
that agenda that don't need to be on that agenda, I would urge you to
move them.
MR. OCHS: Yes, sir.
CHAIRMAN SAUNDERS: I think that's going to be --
COMMISSIONER TAYLOR: Down the road.
CHAIRMAN SAUNDERS: We're going to have quite a few
people here for that.
If there's nothing else to add --
COMMISSIONER SOLIS: The workshop is a half-day
workshop.
MR. OCHS: It starts at 9:00, and it's over when you-all decide
it's over.
CHAIRMAN SAUNDERS: Yeah. Try to keep your early
afternoon open just in case.
COMMISSIONER SOLIS: Okay.
CHAIRMAN SAUNDERS: Hopefully we won't need it, but I
January 14, 2020
Page 185
think there's a possibility of that.
If there's nothing else, we are adjourned.
*****
**** Commissioner Taylor moved, seconded by Commissioner Fiala
and carried that the following items under the Consent and Summary
Agendas be approved and/or adopted ****
Item #16A1
A COLLIER COUNTY LANDSCAPE MAINTENANCE
AGREEMENT (“AGREEMENT”) BETWEEN COLLIER
COUNTY AND THE STONECREEK PROPERTY OWNERS
ASSOCIATION, INC., FOR LANDSCAPE AND IRRIGATION
IMPROVEMENTS WITHIN THE LOGAN BOULEVARD NORTH
PUBLIC RIGHT-OF-WAY. (THIS IS A COMPANION ITEM TO
AGENDA ITEM #16A2) (DISTRICT 3) – THERE IS NO COST TO
THE COUNTY ASSOCIATED WITH THIS PROPOSAL
Item #16A2
RESOLUTION 2020-01: FINAL ACCEPTANCE OF PUBLIC
ROADWAY AND DRAINAGE IMPROVEMENTS FOR A
PORTION OF THE ROADWAY KNOWN AS LOGAN
BOULEVARD NORTH, ADJACENT TO THE STONECREEK
COMMUNITY, APPROXIMATELY 1.5 MILES OF TWO-LANE
DIVIDED ROADWAY, TOGETHER WITH A 10’ MULTI-USE
PATHWAY, PERMIT NO. PRROW20190103055. (THIS IS A
COMPANION ITEM TO AGENDA ITEM #16A1) (DISTRICT 3)
January 14, 2020
Page 186
Item #16A3
RESOLUTION 2020-02: FINAL ACCEPTANCE OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE
FINAL PLAT OF CANOPY, APPLICATION NUMBER
PL20120002575, AND AUTHORIZE THE RELEASE OF THE
MAINTENANCE SECURITY. (DISTRICT 5)
Item #16A4
RESOLUTION 2020-03: FINAL ACCEPTANCE OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE
FINAL PLAT OF BRANDON, APPLICATION NUMBER
PL20130001578, AND BRANDON REPLAT, APPLICATION
NUMBER PL20150000523, AND AUTHORIZE THE RELEASE
OF THE MAINTENANCE SECURITIES. (DISTRICT 2)
Item #16A5
RESOLUTION 2020-04: FINAL ACCEPTANCE OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE
FINAL PLAT OF MAPLE RIDGE AT AVE MARIA PHASE 3,
APPLICATION NUMBER PL20140000067, AND AUTHORIZE
RELEASE OF THE MAINTENANCE SECURITY. (DISTRICT 5)
Item #16A6
RESOLUTION 2020-05: FINAL ACCEPTANCE OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE
FINAL PLAT OF GASPAR STATION - PHASE THREE,
January 14, 2020
Page 187
APPLICATION NUMBER PL20160001055, AND AUTHORIZE
RELEASE OF THE MAINTENANCE SECURITY. (DISTRICT 2)
Item #16A7
FINAL ACCEPTANCE AND ACCEPTING CONVEYANCE OF
THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR ESPLANADE GOLF & COUNTRY CLUB OF NAPLES
PHASE 4 – PARCEL L, PL20170004209 AND TO AUTHORIZE
THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE
THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF
$4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S
DESIGNATED AGENT. (DISTRICT 3)
Item #16A8
FINAL ACCEPTANCE AND ACCEPTING CONVEYANCE OF
POTABLE WATER AND SEWER UTILITY FACILITIES FOR
AVERY SQUARE (BUCKLEY) PHASE 2, PL20180002101 AND
TO AUTHORIZE THE COUNTY MANAGER, OR HIS
DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN
THE AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR
THE DEVELOPER’S DESIGNATED AGENT. (DISTRICT 2) –
LOCATED ON AIRPORT ROAD
Item #16A9
FINAL ACCEPTANCE OF POTABLE WATER AND SEWER
FACILITIES FOR TWO LAKES PLAZA – SUMMIT CHURCH,
PL20190002633. (DISTRICT 2) – LOCATED ON TAMIMAI
TRAIL NORTH
January 14, 2020
Page 188
Item #16A10
FINAL ACCEPTANCE AND ACCEPTING CONVEYANCE OF
SEWER UTILITY FACILITIES FOR RACETRAC AT
SHADOWLAWN, PL20190001898. (DISTRICT 4)
Item #16A11
RECORDING THE AMENDED FINAL PLAT OF BELLA
TESORO AN ESPLANADE COMMUNITY – PHASE 1,
APPLICATION NUMBER PL20190001408 (F/K/A CURRENTS
OF NAPLES AN ESPLANADE COMMUNITY – PHASE 1),
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY. (DISTRICT 1)
– LOCATED WITHIN THE MARCO SHORES/FIDDLER’S
CREEK PUD
Item #16A12
RECORDING THE MINOR FINAL PLAT OF TALIS PARK
MAINTENANCE FACILITY PLAT, APPLICATION NUMBER
PL20190001165. (DISTRICT 2)
Item #16A13
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $235,600 WHICH WAS POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER 60.147,
PL20160001622 FOR WORK ASSOCIATED WITH FRONTERRA
January 14, 2020
Page 189
PHASE 1 AND 2. (DISTRICT 3) – LOCATED OFF OF RADIO
ROAD/DAVIS BOULEVARD
Item #16A14
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $50,740 WHICH WAS POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20180000297 FOR WORK ASSOCIATED WITH
ARBORETUM. (DISTRICT 4) – LOCATED OFF OF BAYSHORE
DRIVE
Item #16A15
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $93,900 WHICH WAS POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER 61.159,
PL201700002712 FOR WORK ASSOCIATED WITH LEGACY
NAPLES NEW HOPE MINISTRIES – PHASE 2. (DISTRICT 3) –
LOCATED ON DAVIS BOULEVARD
Item #16A16
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $25,000 WHICH WAS POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER
PL20190000647 FOR WORK ASSOCIATED WITH CLUB
PELICAN BAY GOLF COURSE RESTORATION. (DISTRICT 2)
Item #16A17
January 14, 2020
Page 190
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $167,000 WHICH WAS POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER 60.126,
PL20150001273 FOR WORK ASSOCIATED WITH AVALON OF
NAPLES. (DISTRICT 3) – LOCATED ON DAVIS BOULEVARD
Item #16A18
CLERK OF COURTS TO RELEASE 1) THE CASH BOND IN THE
AMOUNT OF $7,000, WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR AN EARLY WORK
AUTHORIZATION (EWA), AND 2) THE CASH BOND IN THE
AMOUNT OF $10,500, WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR A VEGETATION
REMOVAL AND SITE FILLING PERMIT (VRSFP), FOR WORK
ASSOCIATED WITH LEGACY ESTATES, PL20140002627.
(DISTRICT 2)
Item #16A19
FEDERALLY-FUNDED SUBAWARD AND GRANT
AGREEMENT WITH FLORIDA DIVISION OF EMERGENCY
MANAGEMENT (FDEM) FOR FUNDING IN THE AMOUNT OF
$187,500 UNDER THE FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA) HAZARD MITIGATION
GRANT PROGRAM FOR THE DESIGN OF THE NEW GORDON
RIVER CONTROL STRUCTURE AND AUTHORIZE
NECESSARY BUDGET AMENDMENT. (PROJECT NO. 60102).
(ALL DISTRICTS) – TO IMPROVE STORMWATER
CONVEYANCE AND HELP ALLEVIATE HISTORICAL
FLOODING IN THE GORDON RIVER BASIN
January 14, 2020
Page 191
Item #16A20
A PURCHASE AGREEMENT FOR THE PURCHASE OF LAND
(PARCEL 1256FEE) REQUIRED FOR THE VANDERBILT
BEACH ROAD EXTENSION (PROJECT NO. 60168).
ESTIMATED FISCAL IMPACT: $317,855. (DISTRICT 5) –
LOCATED OFF OF 16TH STREET NE
Item #16A21
AWARDING INVITATION TO BID (“ITB”) NO. 19-7607,
"TRAFFIC OPERATIONS SIGNAL COMPONENTS AND
HARDWARE," TO THE FOLLOWING VENDORS: CONTROL
TECHNOLOGIES, INC., ECONOLITE CONTROL PRODUCTS,
INC., EXPRESS SUPPLY, INC., ITS PLUS, INC. D/B/A ITS PLUS
3 INC., PEEK TRAFFIC CORPORATION, RHYTHM
ENGINEERING, LLC, TEMPLE INC., AND TRANSPORTATION
CONTROL SYSTEMS, INC. (ALL DISTRICTS) – AS DETAILED
IN THE EXECUTIVE SUMMARY
Item #16A22
AGREEMENT NO. 4600004128 IN THE AMOUNT OF $180,000
WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT
(SFWMD) FOR THE COLLIER COUNTY GRIFFIN ROAD AREA
STORMWATER IMPROVEMENT PROJECT AND AUTHORIZE
ANY NECESSARY BUDGET AMENDMENTS. PROJECT
NUMBER 60196. (ALL DISTRICTS) – FOR AN AGREEMENT
PERIOD OF FOURTEEN (14) MONTHS
January 14, 2020
Page 192
Item #16A23
AGREEMENT NO. 4600004125 IN THE AMOUNT OF $240,000
WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT
(SFWMD) FOR THE COLLIER COUNTY FREEDOM PARK
STORMWATER CHANNEL IMPROVEMENT PROJECT AND
AUTHORIZE ANY NECESSARY BUDGET AMENDMENTS.
(ALL DISTRICTS) – FOR AN AGREEMENT PERIOD OF
SIXTEEN (16) MONTHS
Item #16A24
THIRD AMENDMENT TO AGREEMENT NO. 17-7103 WITH Q.
GRADY MINOR AND ASSOCIATES, P.A. FOR POST-DESIGN
CONSTRUCTION ADMINISTRATION SERVICES IN THE
AMOUNT OF $199,516 FOR THE WEST GOODLETTE-FRANK
ROAD JOINT STORMWATER-SEWER PROJECT (PROJECT
NO. 60142) (DISTRICT 4) – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16A25
ESTABLISHING A POLICY AND STANDARD TEMPLATE FOR
AN EASEMENT USE AGREEMENT ASSOCIATED WITH
MINOR ENCROACHMENTS IN UTILITY, DRAINAGE, OR
SIMILAR EASEMENTS ON BEHALF OF THE BOARD OF
COUNTY COMMISSIONERS. (ALL DISTRICTS) – MINOR
STRUCTURES INCLUDE FENCES, AIR CONDITIONING
EQUIPMENT/CONCRETE PAD, POOL EQUIPMENT/
CONCRETE PAD, GENERATORS, SIDEWALKS, AND MINOR
January 14, 2020
Page 193
STRUCTURES AS DETERMINED BY COLLIER COUNTY
GROWTH MANAGEMENT STAFF
Item #16A26
A WORK ORDER WITH MITCHELL AND STARK
CONSTRUCTION COMPANY, INC., UNDER UNDERGROUND
UTILITY CONTRACTING AGREEMENT NO. 14-6213, FOR
CONSTRUCTION OF THE NEPTUNE CANAL MAINTENANCE
ACCESS BOAT RAMP PROJECT, IN THE AMOUNT OF
$140,313.51 (PROJECT NO. 60221) AND AUTHORIZE THE
NECESSARY BUDGET AMENDMENT. (DISTRICT 3) – AT 5459
17TH AVENUE SW
Item #16B1
THE BOARD OF COUNTY COMMISSIONERS, ACTING AS
THE COLLIER COUNTY COMMUNITY REDEVELOPMENT
AGENCY BOARD, APPROVE AND AUTHORIZE THE
CHAIRMAN TO EXECUTE A COMMERCIAL BUILDING
IMPROVEMENT GRANT AGREEMENT BETWEEN THE
COMMUNITY REDEVELOPMENT AGENCY AND KURGIS
1996 IRREVOCABLE TRUST IN THE AMOUNT OF $6,854.50
FOR PROPERTY LOCATED WITHIN THE BAYSHORE
GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT
AREA AT 6023 BAYSHORE DRIVE. (DISTRICT 4) – GRANTEE
AGREES TO COMPLETE CONSTRUCTION OF THE
IMPROVEMENTS BY JANUARY 14, 2021
Item #16C1
January 14, 2020
Page 194
AWARDING INVITATION TO BID NO. 19-7647 TO HILL YORK
SERVICE COMPANY, LLC, IN THE AMOUNT OF $785,378,
FOR INSTALLATION OF IMPROVEMENTS TO THE WATER
DIVISION’S EMERGENCY GENERATORS LOCATED AT THE
COUNTY’S TWO WATER TREATMENT PLANTS AND THE
CARICA PUMP STATION NECESSARY FOR COMPLIANCE
WITH NEW EPA REGULATIONS AND AUTHORIZE THE
CHAIRMAN TO SIGN THE CONTRACT. (ALL DISTRICTS) –
TO MEET DEMAND, STAY IN COMPLIANCE, AND
EFFICIENTLY SERVE CUSTOMERS
Item #16C2
BUDGET AMENDMENTS FOR FACILITIES MANAGEMENT
DIVISION IN THE AMOUNT OF $2,226,608.45 TO FUND
THREE (3) INFRASTRUCTURE SALES SURTAX PROJECTS
UNDER THE HVAC, ROOFING, AND CAPITAL EQUIPMENT
REPLACEMENT AT SHERIFF’S AND COUNTY FACILITIES
CATEGORY. (PROJECT NOS. 50176, 50181, AND 50182)
(DISTRICT 1, DISTRICT 5) – AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16C3 – Moved to Item #11F (Per Agenda Change Sheet)
Item #16C4 – Bid Amount Corrected (Per Agenda Change Sheet)
SURPLUS COUNTY-OWNED PROPERTY LOCATED AT 343
SAINT ANDREWS BOULEVARD, ADVERTISE THE
PROPERTY FOR SALE PURSUANT TO THE PROVISIONS
OUTLINED IN SECTION 125.35(1)(C), FLORIDA STATUTES,
AND SET A MINIMUM BID OF $126,583 $111,500 (DISTRICT 1)
January 14, 2020
Page 195
Item #16D1 – Moved to Item #11G (Per Agenda Change Sheet)
Item #16D2
AWARDING REQUEST FOR QUOTATION #19-7525-5,
“EAST NAPLES COMMUNITY PARK 2020 PICKLEBALL
IMPROVEMENTS,” UNDER AGREEMENT NO. 19-7525,
ANNUAL AGREEMENT FOR GENERAL CONTRACTOR
SERVICES, TO COMPASS CONSTRUCTION, INC.,
AUTHORIZE ISSUANCE OF A PURCHASE ORDER IN THE
AMOUNT OF $590,462.26 TO ADD TEN (10) NEW
PICKLEBALL COURTS AND A MAINTENANCE AREA AT
EAST NAPLES COMMUNITY PARK BEFORE THE 2020 US
OPEN PICKLEBALL CHAMPIONSHIP AND APPROVE THE
NECESSARY BUDGET AMENDMENT. (DISTRICT 1, DISTRICT
4) – AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16D3
AN “AFTER-THE-FACT” CONTRACT AMENDMENT AND
ATTESTATION STATEMENT BETWEEN THE AREA AGENCY
ON AGING FOR SOUTHWEST FLORIDA, INC., (AGENCY)
AND COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES’ SERVICES FOR SENIORS PROGRAM (CHS) TO
EXTEND THE OLDER AMERICANS ACT PROGRAMS GRANT
PERIOD THROUGH FEBRUARY 29, 2020. (ALL DISTRICTS)
Item #16D4 – Continued to the January 28, 2020 BCC Meeting
(Per Commissioner Taylor during Agenda Changes
January 14, 2020
Page 196
RECOMMENDATION TO REPEAL AND REPLACE
RESOLUTION NO. 87-200 TO UPDATE AND MODERNIZE THE
COLLECTIONS MANAGEMENT POLICY FOR THE MUSEUM
DIVISION. (ALL DISTRICTS)
Item #16D5
ACCEPTING A GRANT DONATION FROM THE HSI-YANG
WU MEMORIAL FUND THROUGH THE BRANCH COUNTY
COMMUNITY FOUNDATION FOR GENERAL SUPPORT OF
THE COLLIER COUNTY PUBLIC LIBRARY AND AUTHORIZE
THE NECESSARY BUDGET AMENDMENT. (ALL DISTRICTS)
– FUNDS WILL BE USED TO ENHANCE THE QUALITY OF
LIBRARY SERVICES AND PROGRAMS FOR RESIDENTS AND
VISITORS OF THE LIBRARY SYSTEM
Item #16D6
BUDGET AMENDMENT TO RECOGNIZE CARRYFORWARD
INTEREST EARNED FOR THE PERIOD JULY 2019 THROUGH
SEPTEMBER 2019 ON ADVANCED LIBRARY FUNDING
RECEIVED FROM FLORIDA DEPARTMENT OF STATE TO
SUPPORT LIBRARY SERVICES AND EQUIPMENT FOR THE
USE OF COLLIER COUNTY RESIDENTS. (ALL DISTRICTS) –
RECOGNIZING INTEREST IN THE AMOUNT OF $4,502.88
Item #16D7
TWO (2) MORTGAGE SATISFACTIONS FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN
PROGRAM AND HOME INVESTMENT PARTNERSHIP
January 14, 2020
Page 197
PROGRAM (HOME) AND AUTHORIZE THE ASSOCIATED
BUDGET AMENDMENTS (NET FISCAL IMPACT: $18,760).
(ALL DISTRICTS) – DEPOSITED FUNDS WILL BE USED FOR
SHIP AND HOME ELIGIBLE ACTIVITIES
Item #16D8
A SATISFACTION OF MORTGAGE FOR FULL PAYMENT OF
A MORTGAGE SECURITY INSTRUMENT WITH ST.
MATTHEW’S HOUSE, INC., IN THE AMOUNT OF $138,000 TO
ACQUIRE LAND FOR CONSTRUCTION OF THE WOLFE
APARTMENTS, A 46-UNIT TRANSITIONAL HOUSING
DEVELOPMENT. (ALL DISTRICTS) – FOR A PROJECT AT
4590-4650 16TH PLACE SW, NAPLES, FL 34116
Item #16E1
SECOND AMENDMENT TO AGREEMENT NO. 15-6474R,
“MEDICAL DIRECTOR FOR COUNTY OCCUPATIONAL
HEALTH SERVICES (PART A) AND EMPLOYMENT
PHYSICALS & DRUG TESTING (PART B),” WITH ADVANCE
MEDICAL CENTER, LLC. (ALL DISTRICTS) – EXTENDING
THE AGREEMENT THROUGH FEBRUARY 8, 2025; THE ONLY
PROVIDER IN COLLIER COUNTY WHO POSSESSED THE
CREDENTIALS TO ADMINISTER THE FULL SERVICE
PROGRAM
Item #16E2
RENEWING A CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY FOR A CLASS 2 ALS NON-EMERGENCY
January 14, 2020
Page 198
INTER-FACILITY AMBULANCE TRANSPORTS TO JUST LIKE
FAMILY CONCIERGE MEDICAL TRANSPORT SERVICES
(D/B/A BREWSTER AMBULANCE SERVICE), TO ALLOW
POST-HOSPITAL INTERFACILITY MEDICAL AMBULANCE
TRANSFER SERVICES. (ALL DISTRICTS) – THE RENEWAL
APPLICATION SHALL BE ACCOMPANIED BY A $250.00
RENEWAL FEE
Item #16E3 – Continued to the February 25, 2020 BCC Meeting (Per
Agenda Change Sheet)
RECOMMENDATION TO APPROVE A CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY FOR NON-
EMERGENCY INTER-FACILITY BASIC LIFE SUPPORT (BLS)
AMBULANCE TRANSPORTS TO CARE MED
TRANSPORTATION, LLC, FOR THE PURPOSE OF PROVIDING
POST-HOSPITAL AND INTER-FACILITY MEDICAL
AMBULANCE TRANSFER SERVICES. (ALL DISTRICTS)
Item #16E4
SELECTION COMMITTEE’S RANKING OF REQUEST FOR
PROFESSIONAL SERVICES (“RPS”) NO. 18-7432-LA,
“PROFESSIONAL SERVICES LIBRARY - LANDSCAPE
ARCHITECTURE CATEGORY,” AND AUTHORIZE STAFF TO
BEGIN CONTRACT NEGOTIATIONS WITH ALL TEN RANKED
FIRMS, SO THAT PROPOSED AGREEMENTS MAY BE
BROUGHT BACK FOR THE BOARD’S CONSIDERATION AT A
SUBSEQUENT MEETING. (ALL DISTRICTS) – TO NEGOTIATE
CONTRACTS PERTAINING TO PROFESSIONAL SERVICES TO
BE USED BY COUNTY DEPARTMENTS TO FACILITATE
January 14, 2020
Page 199
PROJECTS UNDER $200,000 FOR OPERATIONS AND
CAPITAL PROJECT IMPLEMENTATION
Item #16E5 – Withdrawn (Per Agenda Change Sheet)
RECOMMENDATION TO AWARD INVITATION TO BID #19-
7652, GILLIG BUS PARTS, TO GILLIG, LLC, FOR THE SUPPLY
OF ORIGINAL EQUIPMENT MANUFACTURER (“OEM”) AND
NON-OEM PARTS TO MAINTAIN AND REPAIR THE
COUNTY’S BUS FLEET. (ALL DISTRICTS)
Item #16E6
AN EXTENSION TO THE SERVICE-LEARNING AGREEMENT
FOR STUDENT INTERNSHIPS BETWEEN THE FLORIDA
GULF COAST UNIVERSITY BOARD OF TRUSTEES (FGCU)
AND THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS THROUGH JANUARY 24, 2025 AND
AUTHORIZE THE CHAIRMAN TO EXECUTE THE
AGREEMENT. (ALL DISTRICTS) – THERE ARE NO FISCAL
IMPACTS ASSOCIATED WITH THIS EXECUTIVE SUMMARY
Item #16E7
AWARDING INVITATION TO BID #19-7651, INTERNATIONAL
TRUCK PARTS, TO WALLACE INTERNATIONAL TRUCKS,
INC., FOR SUPPLY OF ORIGINAL EQUIPMENT
MANUFACTURER (“OEM”) AND NON-OEM PARTS TO
MAINTAIN AND REPAIR THE COUNTY’S INTERNATIONAL
TRUCK FLEET. (ALL DISTRICTS) – THE COUNTY OWNS 26
INTERNATIONAL TRUCKS THAT ARE MAINTAINED BY
January 14, 2020
Page 200
FLEET MANAGEMENT AND A READILY AVAILABLE
SUPPLY OF OEM AND OTHER NON-OEM PARTS ARE
REQUIRED DAILY TO MAINTAIN AND REPAIR THE TRUCKS
Item #16E8
AN ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT. (ALL DISTRICTS) – INCLUDES ON-LINE
SALES IN THE AMOUNT OF $1,699.10, DISPOSED ITEMS OF
$117.84 IN BOOK VALUE AND INCLUDES NO TRADE-INS
Item #16E9
ADMINISTRATIVE REPORTS PREPARED BY PROCUREMENT
SERVICES DIVISION FOR CHANGE ORDERS AND OTHER
CONTRACTUAL MODIFICATIONS REQUIRING BOARD
APPROVAL. (ALL DISTRICTS) – AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16F1
A REFUND TO BENDERSON PROPERTIES, INC. TOTALING
$21,327.50 DUE TO THE REMOVAL OF AN AFFORDABLE
HOUSING CONTRIBUTION COMMITMENT FROM THE
I-75/ALLIGATOR ALLEY COMMERCIAL PLANNED UNIT
DEVELOPMENT, CONSISTENT WITH BOARD POLICY
(ALL DISTRICTS, NONE) – REFUNDS IN THE AMOUNT OF
$499,623.50 HAVE BEEN PROCESSED TO DATE
January 14, 2020
Page 201
Item #16F2
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) – BUDGET AMENDMENT #20-198 IN THE
AMOUNT OF $25,000 FOR THE PAYMENT TO A VENDOR
WHO PROVIDED BOND RATING SERVICES
Item #16F3
RESOLUTION 2020-06: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2019-20
ADOPTED BUDGET. (ALL DISTRICTS)
Item #16I1
MISCELLANEOUS CORRESPONDENCE – ITEMS TO FILE FOR
THE RECORD:
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
January 14, 2020
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. DISTRICTS:
1) Cedar Hammock Community Development District:
Meeting Agenda 10/15/2019
Meeting Minutes 09/26/2019; 10/15/2019
B. OTHER:
1) FEMA: Individual Assistance Program and Policy Guide (3/2019)
2) Florida Department of Economic Opportunity:
Letter from Governor Ron DeSantis regarding
Comprehensive Plan Amendment No. 19-05ESR
3) Legal Advertisement:
INTP-PL20190000062: Vineyards PUD Official Interpretation
4) Office of the Attorney General:
Letter from the Florida Office of the Attorney General regarding
the Statewide Task Force on Opioid Abuse
January 14, 2020
Page 202
Item #16J1
AN AGREEMENT AUTHORIZING THE COLLIER COUNTY
SHERIFF’S OFFICE TRAFFIC CONTROL JURISDICTION OVER
PRIVATE ROADS WITHIN THE ARTESIA NAPLES
SUBDIVISION. (DISTRICT 1) – THE AGREEMENT SPECIFIES
THE SHERIFF’S OFFICE CAN NEGOTIATE WITH THE
ASSOCIATION TO RECOVER THE SHERIFF OFFICE’S COSTS
Item #16J2
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 NOVEMBER 28, 2019 AND
JANUARY 01, 2020 PURSUANT TO FLORIDA STATUTE
136.06. (ALL DISTRICTS)
Item #16J3
THE BOARD APPROVE AND DETERMINE VALID PUBLIC
PURPOSE FOR INVOICES PAYABLE AND PURCHASING
CARD TRANSACTIONS AS OF JANUARY 8, 2020. (ALL
DISTRICTS)
Item #16K1
RESOLUTION 2020-07: REAPPOINTING SCOTT LEPORE AND
JULIANA MEEK TO THE INFRASTRUCTURE SURTAX
January 14, 2020
Page 203
CITIZEN OVERSIGHT COMMITTEE TO TERMS EXPIRING
JANUARY 12, 2022 (ALL DISTRICTS)
Item #16K2
RESOLUTION 2020-08: REAPPOINTING REBECCA GIBSON-
LAEMEL AND JOSHUA FRUTH TO THE PARKS AND
RECREATION ADVISORY BOARD WITH TERMS EXPIRING
DECEMBER 31, 2023 (ALL DISTRICTS)
Item #16K3
RESOLUTION 2020-09: APPOINTING JOHN P. NUZZO TO THE
CONTRACTORS LICENSING BOARD TO FILL A VACANT
TERM EXPIRING ON JUNE 30, 2022 (ALL DISTRICTS)
Item #16K4
RESOLUTION 2020-10: APPOINTING JAMES BENNETT TO
THE PUBLIC TRANSIT ADVISORY COMMITTEE TO FILL A
VACANT TERM EXPIRING MARCH 22, 2023 (ALL DISTRICTS)
Item #16K5
RESOLUTION 2020-11: APPOINTING MARK LEMKE TO THE
IMMOKALEE LOCAL REDEVELOPMENT ADVISORY BOARD
TO FILL A VACANT SEAT AND ADDING A THREE-YEAR
TERM WITH AN EXPIRATION DATE OF APRIL 4, 2023
(DISTRICT 5)
Item #16K6
January 14, 2020
Page 204
RESOLUTION 2020-12: REAPPOINTING DON LEE BRADKE
AND GENEVIEVE O’CONNELL TO THE OCHOPEE FIRE
DISTRICT ADVISORY COMMITTEE TO TERMS EXPIRING
DECEMBER 31, 2021 (DISTRICT 5)
Item #16K7
COUNTY ATTORNEY TO FILE A NOTICE OF CLAIM TO A
PORTION OF THE SETTLEMENT FUNDS IN THE CLASS
ACTION LAWSUIT STYLED IN RE: LIQUID ALUMINUM
SULFATE ANTITRUST LITIGATION, UNITED STATES
DISTRICT COURT, DISTRICT OF NEW JERSEY, CIVIL
ACTION NO. 2:16-MD-02687 (MDL 2687), AGAINST
DEFENDANTS GENERAL CHEMICAL CORPORATION, ET
AL., ARISING FROM ALLEGED VIOLATIONS OF FEDERAL
ANTITRUST LAWS RELATING TO TREATMENT CHEMICALS
DELIVERED TO COLLIER COUNTY’S PUBLIC UTILITY
DEPARTMENT BETWEEN JANUARY 1, 1997 THROUGH
FEBRUARY 28, 2011, AS WELL AS VARIOUS OTHER
ENTITIES THROUGHOUT THE UNITED STATES. (ALL
DISTRICTS)
Item #17A
ORDINANCE 2020-01: AMENDING ORDINANCE NUMBER
2004-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
January 14, 2020
Page 205
DESCRIBED REAL PROPERTY FROM AN INDUSTRIAL (I)
ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT
DEVELOPMENT (CPUD) ZONING DISTRICT TO ALLOW
50,000 SQUARE FEET OF FLOOR AREA FOR AN
AUTOMOTIVE DEALER, FOR A 4.7+/- ACRE PARCEL TO BE
KNOWN AS THE 3600 RADIO ROAD CPUD, LOCATED JUST
EAST OF THE INTERSECTION OF AIRPORT-PULLING ROAD
AND RADIO ROAD, IN SECTION 1, TOWNSHIP 50 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND BY
PROVIDING AN EFFECTIVE DATE. [PL20180002741]
(DISTRICT 4)
Item #17B
ORDINANCE 2020-02: AMENDING ORDINANCE NUMBER
04-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES
COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA;
TO CLARIFY THAT THE MINIMUM FLOOR AREA FOR
COMMERCIAL USES, MIXED-USES AND APARTMENTS IN
THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT
AREA DOES NOT APPLY TO GUEST ROOMS IN HOTELS; 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 4.02.16 DESIGN STANDARDS FOR
DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE
REDEVELOPMENT AREA; SECTION FOUR, CONFLICT AND
January 14, 2020
Page 206
SEVERABILITY; SECTION FIVE, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND
SECTION SIX, EFFECTIVE DATE. (DISTRICT 4)
Item #17C
ORDINANCE 2020-03: AMENDING ORDINANCE NUMBER
07-54, THE TREE FARM MIXED-USE PLANNED UNIT
DEVELOPMENT (MPUD), TO INCREASE THE MAXIMUM
RESIDENTIAL DWELLING UNITS TO 460 FOR A MIX OF
HOUSING TYPES; TO ADD 105,000 SQUARE FEET OF AIR-
CONDITIONED INDOOR SELF-STORAGE; TO ALLOW UP TO
140 HOTEL UNITS; TO ALLOW UP TO 150 ASSISTED LIVING
FACILITY UNITS; TO REDUCE THE COMMERCIAL/OFFICE
USES FROM 120,000 SQUARE FEET TO 80,000 SQUARE FEET;
BY REQUIRING THAT ALL USES ARE SUBJECT TO A CAP
ON TRAFFIC GENERATION; BY REVISING THE
DEVELOPMENT STANDARDS; BY AMENDING THE MASTER
PLAN AND REVISING DEVELOPER COMMITMENTS. THE
SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION
OF IMMOKALEE ROAD (CR 846) AND COLLIER
BOULEVARD (CR 951), IN SECTION 22, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 58.84± ACRES; AND BY PROVIDING AN
EFFECTIVE DATE. [PL20180002194] (DISTRICT 3)
Item #17D
RESOLUTION 2020-13: A RESOLUTION OF THE BOARD OF
ZONING APPEALS OF COLLIER COUNTY, FLORIDA
PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL
January 14, 2020
Page 207
USE TO ALLOW A PRIVATE SCHOOL AND PRESCHOOL
WITH CHILD CARE SERVICES IN THE AGRICULTURAL (A)
ZONING DISTRICT PURSUANT TO SECTIONS 2.03.01.A.1.C.10
AND 2.03.01.A.1.C.11 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE, FOR 9± ACRES OF A 15.97± ACRE
PARCEL LOCATED ON THE SOUTH SIDE OF WESTCLOX
STREET, APPROXIMATELY HALF A MILE WEST OF CARSON
ROAD IN IMMOKALEE, IN SECTION 31, TOWNSHIP 46
SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA.
[PL20180002693] (DISTRICT 5)
Item #17E
RESOLUTION 2020-14: APPROVING AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2019-20
ADOPTED BUDGET. (ALL DISTRICTS)
Item #17F
ORDINANCE 2020-04: AMENDING ORDINANCE NO. 2018-56,
WHICH PROVIDED FOR THE CREATION OF THE GOLDEN
GATE ECONOMIC DEVELOPMENT ZONE, TO RAISE THE
CAP OF THE TRUST FUND TO $2,000,000, SUBJECT TO
APPROPRIATION BY THE COUNTY. (DISTRICT 3)
Item #17G
ORDINANCE 2020-05: AMENDING ORDINANCES 2019-01, AS
AMENDED, THE STATE OF FLORIDA MODEL FLOODPLAIN
MANAGEMENT ORDINANCE AND, SPECIFICALLY
January 14, 2020
Page 208
SUBSECTION ELEVEN (11)B; “PLACEMENT OF TEMPORARY
EMERGENCY HOUSING WITHIN THE FLOOD HAZARD
AREA” AND ORDINANCE 2006-35, AS AMENDED, THE
POSTDISASTER RECOVERY ORDINANCE, ESPECIALLY
SECTION SEVEN; “DETERMINATION OF DAMAGE,
BUILDBACK POLICY, MORATORIA, EMERGENCY REPAIRS,
AND EMERGENCY PERMITTING SYSTEM IN ORDER TO
ALLOW ADDITIONAL TIME EXTENSIONS FOR THE
PLACEMENT OF TEMPORARY EMERGENCY HOUSING;
PROVIDING FOR CONFLICT AND SEVERABILITY, THE
PROVIDING FOR INCLUSION INTO THE CODE OF LAWS
AND ORDINANCES, AND PROVIDING FOR AN EFFECTIVE
DATE. (ALL DISTRICTS)
January 14, 2020
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 3:34 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEAL S/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
/34.11:tet'" " .- a'
BURT L. SAUNDERS, CHAIRMAN
ATTEST:
CRYSTALM9DKINZEL, CLERK
64: r •
,t .
=Attest~ai s
tigpature.6n
These minutes apprp ed by the Board on a -t L-2.02.0 , as
presented �,/ or as corrected
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC.
Page 209