April 10, 2018

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TRANSCRIPT OF THE MEETING OF THEBOARD OF COUNTY COMMISSIONERS

Naples, Florida, April 10, 2018

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: Andy SolisWilliam L. McDaniel, Jr. Donna FialaBurt L. SaundersPenny Taylor

ALSO PRESENT: Leo Ochs, County ManagerNick Casalanguida, Deputy County ManagerJeffrey A. Klatzkow, County AttorneyCrystal Kinzel, Director of Finance & AccountingTroy Miller, Communications & Customer Relations

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CHAIRMAN SOLIS: Is there a motion? COMMISSIONER McDANIEL: So moved. COMMISSIONER TAYLOR: Second. CHAIRMAN SOLIS: Second. There's a motion and second. All

in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? No response.)

CHAIRMAN SOLIS: Motion carries. COMMISSIONER FIALA: I can smell my lunch. CHAIRMAN SOLIS: Are we ready for lunch? COMMISSIONER TAYLOR: I think we are. COMMISSIONER FIALA: Yeah. CHAIRMAN SOLIS: Okay. We'll be back at 1:15. A luncheon recess was had.)

MR. OCHS: Mr. Chairman, you have a live mike.

Item #9A – Discussed further later in the meeting

ORDINANCE 2018-16: AN AMENDMENT TO CHAPTER 134, ARTICLE VII, OF THE COLLIER COUNTY LAWS ANDORDINANCES (STORMWATER UTILITY ORDINANCE) TOUPDATE DEFINITIONS, UPDATING COUNTY AUTHORITYTO MANAGE THE STORMWATER UTILITY AND ESTABLISHASSESSMENTS AND UTILITY FEES AND PROVIDE FOR THEPROCESS OF GRANTING CREDITS – ADOPTED W/CHANGESTO THE APPEAL PROCESS

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MR. OCHS: We're onto Item 9A. This is a recommendation toapprove an amendment to your stormwater utility ordinance. Mr. Cohen, your Growth Management Plan Department Head, will beginthe presentation.

MR. COHEN: Thank you, Manager. Thaddeus Cohen, Department Head, Growth Management.

Is it something I said? CHAIRMAN SOLIS: You cleared the room. You should have

been here earlier. MR. COHEN: I cleared the room, geez. MR. OCHS: We should have brought him up at 9:00. MR. COHEN: I was starting to say, I should have been here

earlier. COMMISSIONER FIALA: It's only us chickens. MR. COHEN: Yeah. I was starting to say; wow. Well, thank you, Commissioner, Chair. It's an opportunity for us

to come back and talk with you about where we stand in movingforward to Phase 3 of the stormwater utility.

As you can see from our background, the last time we were hereback in February, you approved the stormwater utility rate study, andthis is now having us move towards the next steps to be more proactivein the rainy season. We were just having a conversation withCommissioner Taylor about the work we're doing currently onGoodlette-Frank, for example, and being able to reach out to thecommunity to tell them, you know, how we're going to be able tomaintain it and what we're doing. So we're trying to lean forward evenas we're waiting for some of these other steps to take place.

You'll see that we're going to expand existing contracts onmowing, spraying, being able to get engineers and consultants onboard.

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As you recall, we were talking about trying to move closer to anindustry standard as far as our maintenance concerns and, as we'resaying, to try to be more proactive. These dollars, as we moveforward, will allow us to be able to do that. And we're havingconversations currently about how we're going to handle our staffing, how we're going to handle contracts expansion to be able to meet thelevel of service as we move forward.

Public engagement is going to continue to be one of the highlightsof what it is that we do as we go forward. We've received greatfeedback at the community meetings that we've attended. I was out atCommissioner Fiala's town hall meeting as well as CommissionerSaunders', and we think it's gone well as far as our ability to explain tothe community what it is that we're trying to accomplish and what wewill accomplish.

Early on we were out in Commissioner McDaniel's districttalking with the CRA there about some of the new work that we'll beable to move forward on as far as implementing the master plan, forexample, and then tying in some of the maintenance projects to thatoverall strategy.

And I think, finally, as we move forward with additionalmeetings, we'll be able to clarify some of the procedures and steps thatwe'll take so there will be more information and give and take as tohow it is that we're looking forward to implementing some of ourAUIR projects as well as some of the projects that were unfunded.

At this point, I'd like to just go ahead and talk to you about whatwe have as far as the next milestones and have Amy come up and kindof walk through the technical components that we're asking for today, which is to move forward with Chapter 134, Article VII of the county'slaw of ordinances for the stormwater utility initial assessmentresolution, and she'll talk with you about some of the finer points onthat and look forward to that recommendation as we continue to move

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forward. COMMISSIONER SAUNDERS: And, Mr. Chairman, while

she's coming up, I would like to mention to Commissioner McDanielwe had 121 people sign up at the town hall meeting that I had a fewweeks ago. That doesn't count staff, 121 --

COMMISSIONER McDANIEL: Is that the one you were at orthe one I went in your stead?

COMMISSIONER SAUNDERS: No. That's the one I was -- COMMISSIONER McDANIEL: I'm joking. COMMISSIONER SAUNDERS: I just wanted to let you know,

121. MR. COHEN: It sounds like a little -- it's more than it was

attended here. When I was at Commissioner Fiala's, just to give hersome props; she had 200 people at her town hall. So, as you know, shedoes quite well with people coming out in the community.

COMMISSIONER SAUNDERS: She's been here long enough. She knows how to draw a crowd. Bill and I are new at this, so...

MS. PATTERSON: Good afternoon. Amy Patterson, for therecord, Director of Capital Project Planning.

We just have two changes that we want to walk you through tothe ordinance as proposed. And I've handed them both out earlier, andso we're going to put them on the visualizer so I can explain to youwhat's going on here.

The first change is in Section 3, which is Section 134.316, findings, purpose, and declaration of benefit. We are adding No. 5, new text, to read, "The Board of County Commissioners will reviewspecific financial and program milestones annually as part of theBudget and Annual Update and Inventory Report and the CapitalImprovement Element." That is to address the specific concerns raisedby Commissioner McDaniel at the last meeting or the last time youheard this as to being able to have those measurables and have the

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Board really understand this program as it moves forward. The second change that we have -- I'm going to get you to the

place that we're going. And this was prepared by the County Attorney, and it's a change to Section 134.329, which is the adjustment of utilityfee and assessments and corrections, and this change -- I'm going toread it to you -- is simply to clarify the process by which somebodycould bring an appeal forward.

And the County Attorney has included this revised language, which I'll put up on the visualizer right here. It can go right over thetop. So we're in Letter B where it's right of review by the board. Thisis existing language except for the underlined added by the CountyAttorney. So it reads now, "The owner has the right to appeal thedecision of the director to the Board of County Commissioners whomay refer the issue to a hearing examiner for final decision."

So this would be if somebody had a concern that wasn't able to bevetted through staff on impervious area or any technical matter on theircalculation; this gives them an appeal process all the way up to theBoard of County Commissioners.

And with that, I can answer any questions, or we have other staffhere as well, and that's what I have.

COMMISSIONER FIALA: I have a question. CHAIRMAN SOLIS: Commissioner Fiala. COMMISSIONER FIALA: Yes. Thank you. I think this is an

exciting thing to happen for our whole county; much, much needed. What I wanted to ask you is, will the City of Naples be covered? COMMISSIONER TAYLOR: They're already covered. They

already have their stormwater utility fee. COMMISSIONER FIALA: I didn't know if they were going to

join it together or not. But they're not. COMMISSIONER TAYLOR: No. COMMISSIONER FIALA: Okay. Will Marco be covered?

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MR. OCHS: No. COMMISSIONER FIALA: Okay. Will Goodland be covered? COMMISSIONER TAYLOR: Yes. MR. COHEN: Yes. It's unincorporated -- COMMISSIONER FIALA: And will Golden Gate be covered? MR. COHEN: Yes. COMMISSIONER FIALA: Good. Because I know that we're

moving our water system into that area. And last night I was -- they invited me to be a guest speaker over

at the Golden Gate Civic Association at the Golden Gate CommunityCenter, and that was one of the questions. So I think CommissionerSaunders can probably deliver that answer right to them, then.

MR. COHEN: And we're doing work there currently. COMMISSIONER FIALA: Pardon me? MR. COHEN: I say we're doing work there currently in Golden

Gate. COMMISSIONER FIALA: I knew that. I just -- and I was sure

that you were going to, but I said, let me just check to make sure, and Itold them I would just have Commissioner Saunders right hereanyway, and he would bring the message back to them.

Thank you. Okay. CHAIRMAN SOLIS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah, just a quick question,

and maybe this is more for Amy, unless you want to answer. It justhas to do with residents in Golden Gate Estates.

I read that there was going to be a credit process offered to peoplewho already have attenuation and capacities to maintain their ownwater, if you will. Is that credit system available to independentresidents that are not part of an entire system?

MR. COHEN: It will be, yes. COMMISSIONER McDANIEL: Okay. And so then the appeal

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process, if they find they don't get a happy answer, then that's theprocess that they go through?

MR. COHEN: That's correct. COMMISSIONER McDANIEL: Okay. CHAIRMAN SOLIS: And that actually raises a question in my

mind. So for example, this came up during a meeting. I was in PineRidge. And the credit will be available to owners that have someattenuation on their property or put it in, or how's that going to -- because I'll tell you, my recollection was when I built a house in PineRidge, I had to put in swales in certain parts of the property to hold thewater. But prior to that there was none on the lot.

So my question is, how is that determination going to be made? And is it only going to be available to owners that already have that inexistence?

MR. COHEN: The answer to that is going to be yes and yes. I'vegot my lifeline here, so let me take the first swing at that, which isthere's two things, two ways we're looking at it. One is through theimpervious surface calculations; that will be known for the firstgo-round. So if you take a driveway out, for example, the followingyear when we do that calculation, that's an instant quote -- we won'tcall it a credit, but that's an evaluation we can do as to how much wateryou're putting into the system.

CHAIRMAN SOLIS: Right. MR. COHEN: For those who have retainage, for lack of a better

word, on their properties currently, we're working on the methodologyto determine what that credit may be. And then if you do somethingfuture, that's also going to be part of the credit program in which we'rein the process of developing.

CHAIRMAN SOLIS: Okay. So that's -- MR. COHEN: So both -- and then we also are looking at

opportunities to create incentives for folks who currently don't have

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that additional retention opportunities to be able to do things such asrain barrels, rain gardens, those kinds of things, to be able to capturemore water on their property, and we want to create an opportunity forand incentive for that to take place as well. But that's going to be anevolution of the project as we go forward.

CHAIRMAN SOLIS: Okay. Thank you. MR. COHEN: Okay. I got a nod, so I did that okay. CHAIRMAN SOLIS: Any other questions? COMMISSIONER TAYLOR: I'd like to make a motion. CHAIRMAN SOLIS: But we have some speakers. COMMISSIONER TAYLOR: Oh, we have some speakers. MR. MILLER: Well, actually, I was going to say I have some

names, but I don't see them here. Let me -- Dr. Joseph Doyle? No response.)

MR. MILLER: Brad Estes? No response.)

MR. MILLER: And Brad Cornell. COMMISSIONER FIALA: They were all here this morning. MR. MILLER: Yes. CHAIRMAN SOLIS: Okay. MR. MILLER: There you have it. COMMISSIONER TAYLOR: I'd like to make a motion that we

move ahead and, I guess, to advertise -- what are we doing here? MR. OCHS: Adopting the amended ordinance. COMMISSIONER TAYLOR: Adopting the amended ordinance

as brought forward by our County Attorney -- MR. COHEN: With the language. COMMISSIONER TAYLOR: -- with the language that has been

boy, did I make a mess of this. COMMISSIONER FIALA: It's all right. COMMISSIONER TAYLOR: I want to do this. All right. So

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help me. I make a motion that we adopt the amended ordinance withthe language that was presented to the Commission today.

COMMISSIONER FIALA: Second it. COMMISSIONER TAYLOR: Thank you. CHAIRMAN SOLIS: Motion and a second. All in favor, say

aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? COMMISSIONER McDANIEL: Aye. CHAIRMAN SOLIS: Okay. Motion carries 4-1. MR. COHEN: Thank you. CHAIRMAN SOLIS: Thank you. COMMISSIONER TAYLOR: Yeah.

Item #11C

STAFF TO ADVERTISE, AND BRING BACK FOR A PUBLICHEARING, AN ORDINANCE AMENDING THE LANDDEVELOPMENT CODE RELATING TO OFF-SITE NATIVEVEGETATION PRESERVATION, AT A FUTURE BOARDMEETING - APPROVED FOR STAFF TO ADVERTISE ANDBRING BACK THE PROPOSED ORDINANCE

MR. OCHS: Commissioners, that takes us to Item 11C. This is arecommendation to direct the staff to advertise and bring back for apublic hearing an ordinance amending the Land Development Coderelating to off-site native vegetation preservation. Mr. Bosi will makethe presentation.

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Item #9A – Further discussion from earlier in the meeting

RESOLUTION 2018-71: AMENDING THE STORMWATERUTILITY INITIAL ASSESSMENT RESOLUTION RELATING TOTHE PROVISIONS OF THE STORMWATER MANAGEMENTSYSTEM AND IMPROVEMENTS; ESTIMATING COSTS OFTHE SYSTEM AND BENEFITS; ESTABLISHING THE METHODOF CALCULATING THE COST AND COLLECTION OF THESTORMWATER UTILITY FEE; DIRECTING THEPREPARATION OF THE STORMWATER UTILITY FEE ROLLS; SETTING A PUBLIC HEARING FOR THE ADOPTION OF THEFINAL RATE RESOLUTION FOR THE STORMWATERUTILITY FEE AND DIRECTING THE PROVISION OF NOTICEAND PROVIDING AN EFFECTIVE DATE, IN ACCORDANCEWITH SECTION 403.0893, FLORIDA STATUTES, PERTAININGTO STORMWATER PROGRAMS – ADOPTED

MR. OCHS: Commissioners, I need to apologize and ask if wecould go back briefly to Item 9A. There was a second component ofthe stormwater utility item for action. Not only is there therecommendation to amend the ordinance as outlined but also to adoptthe initial assessment resolution as a companion to that action. Iapologize for not catching that, but we -- I think it's important we dothat for the record. And, Jeff, I don't know if we need to re-open thepublic hearing or not.

MR. KLATZKOW: No. Just make the motion and the vote. There's nobody here who registered.

MR. OCHS: Okay. So, Mr. Chairman, I'm looking for basicallythe recommendation to approve the staff recommendation whichincludes both the amendment to the existing stormwater utilityordinance and the adoption of the initial assessment resolution that's

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the companion to that. COMMISSIONER TAYLOR: Make a motion to adopt the

stormwater utility initial assessment resolution. CHAIRMAN SOLIS: Second? COMMISSIONER FIALA: Second. CHAIRMAN SOLIS: Is there a second? COMMISSIONER SAUNDERS: Second. CHAIRMAN SOLIS: There's a second. All in favor? COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? COMMISSIONER McDANIEL: Aye. CHAIRMAN SOLIS: Okay. MR. OCHS: Thank you. I apologize for that.

Item #7

PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THECURRENT OR FUTURE AGENDA

MR. OCHS: That takes to us Item 7, public comments on generaltopics not on the current or future agenda.

MR. MILLER: We have no registered speakers for Item 7.

Item #15

STAFF AND COMMISSION GENERAL COMMUNICATIONS

MR. OCHS: And, Commissioners, that moves us to Item 15,