BCC Minutes 04/09/2013 R BCC
REGULAR
MEETING
MINUTES
APRIL 9, 2013
April 9, 2013
TRANSCRIPT OF THE MEETING
OF THE BOARD OF COUNTY COMMISSIONERS
Naples, Florida, April 9, 2013
LET IT BE REMEMBERED, that the Collier County
Commissioners, in and for the County of Collier, 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:
CHAIRWOMAN: Georgia Hiller
Fred Coyle
Donna Fiala
Tom Henning
Tim Nance
ALSO PRESENT:
Leo E. Ochs, Jr., County Manager
Jeffrey Klatzkow, County Attorney
Crystal Kinzel, Clerk's Finance Director
Mike Sheffield, Business Operations — CMO
Troy Miller, Communications & Customer Relations
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
�01, t 1,
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
April 09, 2013
9:00 AM
Georgia Hiller - BCC Chairwoman; BCC Commissioner, District 2
Tom Henning - BCC Vice-Chairman; BCC Commissioner, District 3
Donna Fiala - BCC Commissioner, District 1; CRAB Vice- Chairman
Fred W. Coyle - BCC Commissioner, District 4
Tim Nance - BCC Commissioner, District 5; CRAB Chairman
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE
EXECUTIVE MANAGER TO THE BCC 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.
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.
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April 9,2013
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
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.
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 DEPARTMENT 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 COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Dr. Ronald Patterson - Naples United Church of Christ
2. AGENDA AND MINUTES
A. Approval of today's consent agenda as amended (Ex Parte Disclosure
provided by Commission members for consent agenda.)
B. Approval of today's summary agenda as amended (Ex Parte Disclosure
provided by Commission members for summary agenda.)
C. Approval of today's regular agenda as amended
D. March 12, 2013 - BCC/Regular Meeting Minutes
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April 9,2013
3. SERVICE AWARDS
4. PROCLAMATIONS
A. Proclamation designating April 20-21, 2013 as Conservancy of Southwest
Florida Grand Reopening Weekend. To be accepted by Andrew McElwaine,
President and CEO, Conservancy of Southwest Florida. Sponsored by
Commissioner Hiller.
B. Proclamation designating April 2013 as Child Abuse Prevention Month and
recognizing the Children's Advocacy Center for its life-changing work and
service to the abused and neglected youth in Collier County. To be accepted
by Jackie Stephens, CEO, Children's Advocacy Center. Sponsored by
Commissioner Hiller.
C. Proclamation designating April 2013 as Sexual Assault Awareness Month in
Collier County. To be accepted by Michelle English, Executive Director,
Project Help and Eileen Wesley, Victim Service Coordinator, Project Help.
Sponsored by Commissioner Coyle.
D. Proclamation designating April 21-27, 2013 as Crime Victim's Rights Week
in Collier County. To be accepted by Angela Larson, Victim's Services
Supervisor, Collier County Sheriffs Office and Betty Ardia-McGuire, State
Attorney's Office. Sponsored by Commissioner Coyle.
E. Proclamation designating April 2013 as Parkinson's Disease Awareness
Month in Collier County. To be accepted by Michael and Gretchen Church,
Parkinson's Action Network. Sponsored by Commissioner Fiala.
F. Proclamation recognizing the Special Olympics of Collier County (SOCC)
for its work in the community and to raise awareness of its cause. To be
accepted by David McKenzie, County Coordinator, SOCC; Sue Palmer,
Fundraising Director, SOCC; Fritz Sullivan, Marketing Director, SOCC;
Matt Berman, Founder, Stand Up Paddle (SUP); MJ Weibling, SUP Coach;
Taylor Masiero, SUP Head Coach; Viviana Pantoj a, Athlete and Martin
Grasser, Athlete. Sponsored by Commissioner Hiller.
5. PRESENTATIONS
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April 9, 2013
A. Presentation of the Collier County Business of the Month for April 2013 to
Lutgert Insurance. To be accepted by Bud Hornbeck, President; Patty
Hornbeck, Associate; Scott Lutgert, Owner; Steve Benza, Vice President;
Marc Williams, Vice President; and Howard Gutman, Owner.
6. PUBLIC PETITIONS
A. Public Petition request from Randall J. Cohen regarding practices and
procedures.
7. PUBLIC COMMENTS ON GENERAL TOPICS
Item 8 to be heard no sooner than 1:00 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
Item 9 to be heard no sooner than 1:00 pm unless otherwise noted.
9. ADVERTISED PUBLIC HEARINGS
10. BOARD OF COUNTY COMMISSIONERS
A. Request for reconsideration of Item #10H from the March 12, 2013
BCC Meeting titled: Recommendation that the Board of County
Commissioners direct staff to prepare solicitations for the post of County
Medical Director and Deputy County Medical Director; that the positions of
County Medical Director and Deputy County Medical Director be posted to
accept applications by April 1, 2013; further, that staff bring back the slate
of all applications received for the board's review and consideration by the
first board meeting in May, 2013. The solicitation for the position of County
Medical Director shall provide that the applicant shall not be affiliated
directly, nor indirectly with any local hospital. The County Medical
Director approves the county's emergency service protocols and as such all
conflicts of interest in appearance and in fact must be avoided for ethical and
legal reasons. (Commissioner Coyle)
B. Appointment of member to the Pelican Bay Services Division Board.
C. Appointment of member to the Affordable Housing Advisory Committee.
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April 9, 2013
D. Appointment of member to the Collier County Public Safety Authority.
11. COUNTY MANAGER'S REPORT
A. Recommendation to Award Bid #13-6040, "Doral Circle Water,
Wastewater, and Stormwater System Replacement," in the amount of
$2,368,450 to Denco Construction Inc., for the rehabilitation of the potable
water, sanitary sewer, and stormwater management systems serving the
Doral Circle Subdivision, Project No. 71010, Project No. 70046, Project No.
70043, and Project #60125. (George Yilmaz, Public Utilities Administrator)
B. Recommendation to direct staff to advertise and bring to the Board a
proposed ordinance providing for an additional homestead exemption for
certain qualifying senior citizens pursuant to passage of Florida
Constitutional Amendment 11 on November 6, 2012. (Mark Isackson,
Corporate Financial and Management Services Director)
C. Recommendation to approve the position description, salary range and
employment agreement for the Collier County Hearing Examiner. (Len
Price, Administrative Services Administrator)
D. Recommendation to authorize the conversion of twelve permitting and
inspection job bank positions to full time equivalent positions for Fund 113,
five plan review and inspection job bank positions to full time equivalent
positions for Fund 131, and one new full time equivalent position for Fund
113. (Nick Casalanguida, Growth Management Administrator)
E. Recommendation to accept a priority listing, installation schedule and
project budget for emergency vehicle pre-emption and confirmation beacons
on the Collier County traffic signal system. (Nick Casalanguida, Growth
Management Administrator)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
A. This item to be heard at 11:30 a.m. Presentation by the Clerk of the
Circuit Court's Office regarding Audit Report 2013-1 Parks and Recreation
Freedom Park Cash Review.
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April 9, 2013
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
1) Recommendation that the Board of County Commissioners, acting as
the Collier County Airport Authority, review options, consider
planning and business structures, and prepare to provide direction
regarding the improvement of management and development of the
real estate assets associated with the Collier County Airports, and
especially the Immokalee Airport Planned Unit Development.
Options to consider should include, but not be limited to, maintaining
the existing Airport Authority/Executive Director Structure, engaging
a professional Real Estate Consultant, contract Real Estate
Management, Long-term lease of real estate (Public-Developer
Partnership), sale of real estate (Full Privatization) and/or any
combination thereof. (Commissioner Nance)
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to adopt a resolution accepting dedications in the
plat of Brooks Village as recorded in Plat Book 49, pages 27 and 28.
(Collier Blvd. Project#68056) Est. fiscal impact: $540 per annum.
2) Recommendation to award contracts to Stewart Title Company and
American Government Services Corporation under Bid #13-6043,
"Real Estate Title & Closing Services."
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April 9,2013
3) Recommendation to approve for recording the final plat of
Watercourse at Talis Park, (Application Number PL20120002768).
4) Recommendation to approve for recording the final plat of Sabal Bay
Commercial Plat - Phase Four, AR-13453, approval of the standard
form Construction and Maintenance Agreement and approval of the
amount of the performance security.
5) Recommendation to ratify and approve a Stipulated Final Judgment as
to Parcel 124FEE as part of the US-41/Collier Boulevard Intersection
Improvement project (Project No. 60116). Fiscal Impact: $39,000
6) Recommendation to approve an Easement Agreement for the
acquisition of a Drainage Easement (Parcel No. 271 DE) which is
required for the construction of the Haldeman Creek and Crown
Pointe Weirs segment of the Lely Area Stormwater Improvement
Project (Project No. 51101). Estimated Fiscal Impact: $14,130.
7) Recommendation to approve the release of lien in the amount of
$10,869.48 for payment of$1,569.48, in Code Enforcement Action
entitled Board of County Commissioners vs. Eleanor D. Vander
Meiden, Code Enforcement Case Number CEPM20120003507,
relating to property at 346 Edgemere Way N, Collier County, Florida.
8) Recommendation to approve the release of lien in the amount of
$454,970.39 for payment of$44,570.39, in the Code Enforcement
Action entitled Board of County Commissioners vs. Elinord Pierre,
Code Enforcement Case Number 2006050703, relating to property
located at 186 3rd Street, Collier County, Florida.
9) Recommendation to approve the release of lien in the amount of
$60,803.15 for payment of$6,753.15, in Code Enforcement Action
entitled Board of County Commissioners vs. Primitivo Lara, Code
Enforcement Case Number CEPM20090000375, relating to property
located at 5020 27th Place SW, Collier County, Florida.
10) Recommendation to approve final acceptance of the water utility
facility for North Collier Regional Park Children's Museum PL
20110000902, and Wal-Mart Store Expansion PL 20110001308 and
to authorize the County Manager, or his designee, to release the
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April 9, 2013
Utility Performance Security Bond (UPS) in the total amount of
$4,441.71 and the Final Obligation Bond in the total amount of$8,000
to the Project Engineer or the Developer's designated agent.
11) Recommendation to award Bid #13-6034 "Naples Manor Sidewalk
Improvements" for construction of sidewalk improvements on
Floridan Avenue, Georgia Avenue, Hardee Street, and Jennings Street
to Owen-Ames-Kimball Company in the amount of$730,996.08.
12) Recommendation to receive and approve the Collier County
Floodplain Management Plan 2012 Progress Report.
13) Recommendation to approve and authorize the Chairwoman to sign a
Collier County Landscape Maintenance Agreement between Collier
County and the Strand Master Property Owners Association for a
landscape planting buffer along Veterans Memorial Boulevard and
reduce the permitting fees from $2,000 for a commercial large
residential development to $200 for a residential landscaping site.
14) Recommendation to accept a traffic signal study report on the
intersection of Lake Trafford Road (CR 890) and N 19th Street in the
unincorporated town of Immokalee and approve the programming of
an intersection improvement and traffic signal installation at this
intersection. (Project Nos. 60172 and 60016)
15) Recommendation to award Contract No. 13-6052 Coronado Canal and
Gator Slough Canal Bridge Repairs to CSJ of SW Florida, Inc. in the
amount of$460,261.95, Project No. 66066.
16) This item continued from the March 26, 2013 BCC Meeting.
Recommendation to approve and authorize the Chairwoman to
execute a Promotional Fund Private Grant Agreement in the amount
of$500,000 for the County's artificial reef program, accept donated
professional services from Turrell, Hall and Associates Inc., and
approve any necessary budget amendments.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners (BCC)
acting in its capacity as the Community Redevelopment Agency
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April 9, 2013
(CRA) Board approve a budget amendment to the Collier County
Community Redevelopment Agency - Immokalee (CRA) Fund (186)
budget that reestablishes funding for the CRA's Commercial Facade
Improvement Grant Program.
C. PUBLIC UTILITIES DIVISION
1) Recommendation to direct the County Manager or his designee to
advertise an ordinance repealing and replacing the Collier County
Reclaimed Water System Ordinance, Ordinance 98-37, as amended.
2) Recommendation to direct the County Manager or his designee to
advertise an ordinance amending Ordinance No. 2001-73, the Collier
County Water-Sewer District Uniform Billing, Operating, and
Regulatory Standards Ordinance.
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve a substantial amendment for the
FY2011-2012 Collier County U.S. Department of Housing and Urban
Development (HUD) Action Plan amending Empowerment Alliance
of SW Florida Homebuyer Education's project description to remove
reference to a funding source not intended to be included.
2) Recommendation to approve a substantial amendment to the FY2011-
2012 and FY2012-2013 Action Plan for repayment of U.S.
Department of Housing and Urban Development (HUD) HOME
Initiative Partnership (HOME) funds for Activity #195 Cirrus Pointe
(FY2005-2006), and authorize necessary budget amendments.
3) Recommendation to approve seven (7) mortgage satisfactions for
State Housing Initiatives Partnership (SHIP) loan in the amount of
$51,610.
4) Recommendation to approve two (2) mortgage satisfactions for State
Housing Initiatives Partnership Program (SHIP) in accordance with
the Board's Short Sale Policy, in the amount of$2,868.60.
5) Recommendation to approve a substantial amendment for the
FY2012-2013 Collier County U.S. Department of Housing and Urban
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April 9,2013
Development (HUD) Action Plan amending the Youth Haven Safe
and Secure Home for Collier Youth Program.
6) Recommendation to approve electronic submittal of Senior Corps
Retired &Senior Volunteer Program (RSVP) application for FY13-14
grant funds in the amount of$54,522 with a required match of
$23,367 to the Corporation for National and Community Service, for
continuation of the Collier County sponsored RSVP program, and
authorize the necessary budget amendments.
7) Recommendation to award RFP #13-6014 Vanderbilt Beach
Concession and authorize the Chairwoman to sign a contract with
Day-Star Unlimited, Inc. d/b/a Cabana Dan's.
8) Recommendation to accept the staff report regarding actions taken to
enhance Payroll Time Controls within the Parks and Recreation
Department.
9) Recommendation to approve proposed changes that would repeal and
replace the Animal Control Ordinance (Ordinance No. 2008-51, as
amended) and direct the County Manager or his designee to advertise
ordinance changes to be approved by the Board at a future meeting.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to reject Invitation to Bid (ITB) #13-6027 for Pest
Control Services.
2) Recommendation to accept a Federal Emergency Management
Agency Assistance to Firefighter's Grant Award in the amount of
$82,669 with local match of$4,351 for a total project cost of$87,020
to purchase new mobile and portable radios for the Ochopee Fire
Control District.
3) Recommendation to adopt a resolution authorizing the cancellation of
2013 taxes upon a fee-simple interest Collier County acquired by
Personal Representative's Deed for Conservation Collier and without
monetary compensation.
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April 9, 2013
4) Recommendation to accept reports and ratify staff-approved change
orders and changes to work orders.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2012-13 Adopted Budget.
G. AIRPORT AUTHORITY
1) Recommendation to approve a Travel Request in the amount of
$1,358 for the Airport Authority Executive to attend Florida Airport
Council's Annual Conference and Exposition in Orlando, Florida.
H. BOARD OF COUNTY COMMISSIONERS
1) Advisory Board vacancies April 1-12, 2013.
2) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the East Naples Civic Association Luncheon March 21,
2013. Sum of$18 to be paid from Commissioner Fiala's travel budget.
3) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Naples Press Club Luncheon on March 28, 2013. Sum of
$23 to be paid from Commissioner Fiala's travel budget.
MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence to file with action as directed.
Document(s) have been routed to Commissioners per their request and
are available for review in the BCC Office until approval.
2) Advisory Board Minutes to file with action as directed. Document(s)
have been routed to Commissioners per their request and are available
for review in the BCC Office until approval.
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April 9, 2013
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of March
14, 2013 through March 20, 2013 and for submission into the official
records of the Board.
2) To obtain Board approval for disbursements for the period March 21,
2013 through March 27, 2013 and for submission into the official
records of the Board.
3) Recommendation to approve the use of$25,000 from the Confiscated
Trust Funds to support the Collier 211 Campaign.
K. COUNTY ATTORNEY
1) Recommendation to approve a Mediated Settlement Agreement with
the business owner for West Stores, Inc., and L & R Ram, LLC, and a
Stipulated Final Judgment to be drafted incorporating the same terms
and conditions as the Mediated Settlement Agreement awarding
$110,000 which resolves all claims for Parcels 162DE and 162TCE in
the lawsuit styled Collier County v. Max Cap, Inc., et al., Case No.
12-CA-1749-CA; Parcels 166DE and 166TCE in the lawsuit styled
Collier County v. Holistic Health Healing, Inc., et al., Case No. 12-
CA-1756-CA and Parcels 157DE and 157TCE in Collier County v. L
& R Ram, LLC, et al., Case 12-CA-1828-CA (US 41 Ditch/Naples
Manor Canal/LASIP Project #51101) (Fiscal Impact: $93,970).
2) Recommendation to approve a Stipulated Final Judgment for
complete and final settlement as to Parcels 174DE and 176DE, in the
combined amount of$67,679.50, in the lawsuit styled Collier County
v. RJJ, LLP et al., Case No. 12-CA-1933 (US 41 Ditch/Naples Manor
Canal/LASIP Project No. 51101) (Fiscal Impact $33,479.50).
3) Recommendation to approve and authorize the Chairwoman to
execute a Settlement Agreement and Release in the lawsuit entitled
John E. Chandler v. Collier County, filed in the Twentieth Judicial
Circuit in and for Collier County, Florida (Case No. 13-644-CA) for
the sum of$1,474.50.
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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.
A. Recommendation to approve a resolution designating Close-Out of twelve
(12) adopted Planned Unit Developments (PUDs) that have fully completed
development pursuant to their development orders constructing up to the
authorized density and/or intensity and have been found by county staff to
be compliant with their specific developer commitments.
B. Recommendation to approve a resolution designating Close-Out of three (3)
adopted Planned Unit Developments (PUDs) that have fully completed all or
portions of their development and have constructed up to the authorized
density and/or intensity, and have been found by county staff to have only
one relevant transportation commitment remaining.
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 consider an Ordinance of the
Board of County Commissioners of Collier County, Florida, amending
Ordinance 03-54, as amended, the Royal Palm International Academy
Planned Unit Development (PUD); by reducing the size of the school
campus from 50 to 11 acres; by moving the permanent campus to the east
side of Livingston Road; by reducing student population from 1,250 to 500
students; by reducing the campus building height to 50 feet; by amending
the Master Plan; by deleting the Surface Water Management Plan; by adding
deviations and revising and deleting developer commitments. The property
is located on Livingston Road in Section 13, Township 48 South, Range 25
East, Collier County, Florida consisting of 163± acres; and by providing an
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April 9,2013
effective date. [PUDA-PL20120001225]
D. This item continued from the March 12, 2013 BCC meeting then
continued to the April 23, 2013 BCC meeting. This item requires that ex
parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn
in. Recommendation to approve Petition VAC-PL20120002564, to disclaim,
renounce and vacate the County and the Public interest in a portion of the
Upland Recreational Open Space Easement (U.R.O.S), being a part of Tract
"S" of Embassy Woods Golf and Country Club at Bretonne Park, Phase
One, Plat Book 17, pages 47 through 49 of the Public Records of Collier
County, Florida, being a part of Section 5, Township 50 South, Range 26
East, Collier County, Florida, more specifically shown in Exhibit A and to
approve the Grant of Easement to replace the vacated U.R.O.S. easement.
E. Recommendation to adopt a single consolidated ordinance establishing the
Collier County SHIP Local Housing Assistance Program for consideration
by the Board at a future meeting, that repeals the State Housing Initiatives
Partnership (SHIP) Program Ordinance (Ordinance No. 93-19, as amended)
and the Affordable Housing Advisory Committee Ordinance (Ordinance No.
91-65, as amended).
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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April 9, 2013
April 9, 2013
MR. OCHS: Madam Chair, you have a live mic.
CHAIRWOMAN HILLER: Thank you.
Good morning. I'd like to call this meeting to order.
If we could all rise for the invocation to be given by Ron
Patterson (sic) from Young Adult -- who is a minister from Naples
United Church of Christ.
Item #1
INVOCATION AND PLEDGE OF ALLEGIANCE
REVEREND PATTERSON: If you choose, would you bow
your heads in prayer with me.
Loving One, we thank you for this time together and we invite
your presence. We invite your wisdom, we invite your discernment.
Help those who have been chosen to do the people's work to help us to
understand the complex issues. Grant them your wisdom and your
guidance this day. Amen.
CHAIRWOMAN HILLER: Commissioner Nance, would you
lead us in the invocation, please?
COMMISSIONER NANCE: It would be my pleasure.
(Pledge of Allegiance was recited in unison.)
CHAIRWOMAN HILLER: Thank you.
County Manager?
MR. OCHS: Good morning, Madam Chairwoman,
Commissioners. These are your proposed agenda changes for the
Board of County Commissioners meeting of April 9th, 2013.
First proposed change is to continue Item 16.C.1 from your
consent agenda. There's some reformatting work that needs to be
done by the staff and we will bring that back to you as soon as that's
complete.
The next proposed change is to continue Item 16.C.2 to the
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April 9, 2013
April 23rd, 2013 BCC meeting. Again, there's some formatting work
that needs to be done on that revision to the ordinance. That is at
staffs request.
Next proposed change is to move Item 16.K.3 from the County
Attorney consent agenda to become Item 12.A. That change is made
at Commissioner Coyle's request.
We have an agenda note this morning, for Items 16.A.3 and 4.
They both require ex parte disclosure be provided by Commission
members. And if a hearing were to be held on those items, participants
would be required to be sworn in. That addition is at staffs request.
We have one time certain item this morning, Commissioners. It's
Item 13.A. That will be heard at 11 :30 a.m. That's an internal audit
report from the Clerk of the Circuit Court.
And those are all the changes that I have, Madam Chair.
CHAIRWOMAN HILLER: Thank you very much.
Could you take us to Item 2, which is agenda and minutes?
Item #2A
APPROVAL OF TODAY'S CONSENT AGENDA AS AMENDED
(EX PARTE DISCLOSURE PROVIDED BY COMMISSION
MEMBERS FOR CONSENT) — APPROVED AND/OR ADOPTED
W/CHANGES — EXCEPT ITEM #16D9; MOTION TO APPROVE
ITEM #16D9 — APPROVED
MR. OCHS: Yes, ma'am. Item 2.A today will be approval of
today's consent agenda, as amended. Ex parte disclosure is provided
by Commission members for the consent agenda.
CHAIRWOMAN HILLER: Let me begin with the ex parte
disclosure and then the request for any comment.
Commissioner Henning?
COMMISSIONER HENNING: Yeah, I have ex parte
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April 9, 2013
communication of 16.A.4. Communication with staff.
CHAIRWOMAN HILLER: Thank you.
Commissioner Nance?
COMMISSIONER NANCE: Yes, ma'am, I have no ex parte
disclosure on the consent agenda today.
CHAIRWOMAN HILLER: Thank you.
Commissioner Coyle?
COMMISSIONER COYLE: I have no ex parte disclosure on the
consent agenda.
Are you going to take the summary agenda separately?
CHAIRWOMAN HILLER: Yes.
Commissioner Fiala?
COMMISSIONER FIALA: Yes, I have some ex parte on
16.A.4. I've had emails on this and I've also met with them
previously, maybe a year or so ago. And I was just doing a little bit of
a tour recently, I was talking to some of the people as well just about
this commercial part of the thing. So I just wanted to declare that.
CHAIRWOMAN HILLER: Thank you.
Commissioner Nance, you indicated you wanted to comment on
the --
COMMISSIONER NANCE: Yes, ma'am. I just want to make a
comment on the consent agenda on Item 16.D.9, which is animal
control ordinance. It's not my intention to pull this item off the consent
agenda unless there's other support on the Board.
I do have one concern, and the only thing that I wanted to
mention is the issue of safeguarding animals and extracting them from
automobiles when they're in distress. And I think that the -- it was my
understanding that the language in the ordinance was going to be
tweaked a little bit to get a little more specific on that. Because it was
the determination of the Board at that time to make that provision a
shall provision, rather than may.
And as it exists today, it instructs DAS staff, directs them and
Page 4
April 9, 2013
states that they shall extract an animal if it's in a car that is 80 degrees
or higher for a period of five minutes or longer. I just have a concern
that that's -- you know, during June, July, August and September the
ambient air temperature outside in Fort Myers and Naples is in excess
of 80 degrees, and my concern is that we're going to get into
something that's a little awkward because we're going to be extracting
an animal from a car potentially and putting them in a hotter
environment than they were when we said they were under duress.
So I'm just a little concerned about that. If nobody else thinks
that's going to create a problem for us, I'll make no further statement.
CHAIRWOMAN HILLER: Is there any discussion on that?
(No response.)
CHAIRWOMAN HILLER: There being no further discussion,
Commissioner Nance, do you want to continue to support that item or
do you want to vote against it?
COMMISSIONER NANCE: I will vote against it.
CHAIRWOMAN HILLER: So with that, may I have a motion
for approval of consent for all items except for -- what is the agenda
item that you were referring to?
COMMISSIONER NANCE: 16.D.9.
CHAIRWOMAN HILLER: Okay, 16 -- if I could have a motion
for the consent agenda except for 16.D.9, and then we'll take 16.D.9
separately.
COMMISSIONER COYLE: So moved.
CHAIRWOMAN HILLER: May I have a second?
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
Page 5
April 9, 2013
CHAIRWOMAN HILLER: Any opposed?
(No response.)
CHAIRWOMAN HILLER: Motion carries unanimously.
Can I have a motion to approve 16.D.9?
COMMISSIONER COYLE: So moved.
CHAIRWOMAN HILLER: May I have a second?
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
CHAIRWOMAN HILLER: Any opposed?
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries 4-1 with
Commissioner Nance dissenting.
For the benefit of the court reporter, if everybody could announce
their vote so there is no ambiguity for the record, it would be
appreciated. As I've been told. Thank you for your comments,
Commissioner Nance.
Item #2B
APPROVAL OF TODAY'S SUMMARY AGENDA AS AMENDED
(EX PARTE DISCLOSURE PROVIDED BY COMMISSION
MEMBERS FOR SUMMARY) — ADOPTED W/CHANGES
MR. OCHS: Madam Chair, that takes you to Item 2.B on your
agenda this morning. It's approval of today's summary agenda as
amended. Ex parte disclosure to be provided by Commission members
for this agenda item.
CHAIRWOMAN HILLER: Thank you.
Page 6
April 9, 2013
Commissioner Henning, any ex parte?
COMMISSIONER HENNING: Yes, I received staffs report to
the Planning Commission on 17.C. That's it.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes, I've also reviewed the staff
report on the Royal Palm International Academy PUD. No other
disclosure.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: I have also reviewed the staff
report for this item. And I did have in the distant past a meeting with
Mr. Yovanovich concerning this development.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes, I too have received a staff
report. No other things to declare.
CHAIRWOMAN HILLER: And I also have received the staff
report on 17.0 and no other communications on 17.0 or any of the
other items.
May I have a motion for approval?
COMMISSIONER FIALA: Motion to approve.
CHAIRWOMAN HILLER: May I have a second?
COMMISSIONER COYLE: Second.
CHAIRWOMAN HILLER: All those in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #2C
Page 7
April 9, 2013
APPROVAL OF TODAY'S REGULAR AGENDA AS AMENDED
— APPROVED AND/OR ADOPTED W/CHANGES
MR. OCHS: Next item, 2.C, Commissioners, approval of today's
regular agenda as amended.
CHAIRWOMAN HILLER: Any discussion on the regular
agenda?
COMMISSIONER NANCE: Motion to approve.
CHAIRWOMAN HILLER: May I have a second?
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Page 8
Proposed Agenda Changes
Board of County Commissioners Meeting
April 9,2013
Continue Item 16C1 to the April 23,2013 BCC Meeting: Recommendation to direct the County
Manager or his designee to advertise an ordinance repealing and replacing the Collier County Reclaimed
Water System Ordinance,Ordinance No.98-37,as amended. (Staff's request)
Continue Item 16C2 to the April 23,2013 BCC Meeting: Recommendation to direct the County
Manager or his designee to advertise an ordinance amending Ordinance No.2001-73,the Collier County
Water-Sewer District Uniform Billing,Operating,and Regulatory Standards Ordinance. (Staffs request)
Move Item 16K3 to Item 12A: Recommendation to approve and authorize the Chairwoman to execute a
Settlement Agreement and Release in the lawsuit entitled Joel E. Chandler v. Collier County,filed in the
Twentieth Judicial Circuit in and for Collier County,Florida(Case No. 13-644-CA)for the sum of$1,474.50.
(Commissioner Coyle's request)
Note:
Items 16A3 and 16A4 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. (Staff's request)
Time Certain Items:
Item 13A to be heard at 11:30 a.m.
4/9/2013 8:44 AM
April 9, 2013
Item #2D
MARCH 12, 2013 BCC/REGULAR MEETING MINUTES —
APPROVED AS PRESENTED
MR. OCHS: Item 2.D is approval of the BCC regular meeting
minutes from March 12th, 2013.
CHAIRWOMAN HILLER: Any discussion on the minutes?
COMMISSIONER HENNING: Move to approve.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Thank you.
All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #4
PROCLAMATIONS — ONE MOTION WAS TAKEN TO ADOPT
THE PROCLAMATIONS — ADOPTED
Item #4A
PROCLAMATION DESIGNATING APRIL 20-21, 2013 AS THE
CONSERVANCY OF SOUTHWEST FLORIDA'S GRAND
REOPENING WEEKEND. ACCEPTED BY ANDREW
MCELWAINE, PRESIDENT AND CEO, CONSERVANCY OF
SOUTHWEST FLORIDA — ADOPTED
Page 9
April 9, 2013
MR. OCHS: Commissioners, that takes us to Item 4 on your
agenda this morning, proclamations. Item 4.A is a proclamation
designating April 20th and 21st, 2013 as Conservancy of Southwest
Florida grand reopening weekend. To be accepted by Andrew
McElwaine, President and CEO of The Conservancy of Southwest
Florida. And I also see Ms. Nicole Johnson from The Conservancy
here. I would ask them to step forward and receive their proclamation.
(Applause.)
MR. OCHS: This item was sponsored by Commissioner Hiller.
CHAIRWOMAN HILLER: And I just want you to know I wore
this print just for you.
MS. JOHNSON: On behalf of The Conservancy of Southwest
Florida, we very much appreciate this proclamation. We appreciate
all of your support, the support of the community and we're very much
looking forward to our grand reopening celebration next weekend. I
hope all of you can come out and join us and participate. It takes
place on both Saturday and Sunday. So again, thank you very much.
CHAIRWOMAN HILLER: Thank you. And I believe Andrew
just walked in.
MR. McELWAINE: Thank you again, Commissioners. April
20th and 21st, grand reopening weekend. I hope you can join us. Do
let us know, we would like to recognize you if you come. Thank you.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER FIALA: What time?
CHAIRWOMAN HILLER: Nicole?
MR. McELWAINE: Oh, sorry. It's all day both days, 9:00 to
4:00 both days. Thank you.
COMMISSIONER FIALA: Do you want us there at a certain
time?
MR. McELWAINE: You'd be welcome if you want to kick us
off at 9:00. But I don't want to mess up your Saturday, so if there's
another time that works for you, let me know.
Page 10
April 9, 2013
CHAIRWOMAN HILLER: Okay, that would be great. Why
don't I -- Andrew, I'll work with the Board and find out what time is
convenient. Maybe a little bit later might be better.
MR. McELWAINE: We can work around your schedule.
CHAIRWOMAN HILLER: Thank you very much. And we
appreciate -- thank you for all you do for the community. You have
an incredible facility --
MR. OCHS: Madam Chair?
CHAIRWOMAN HILLER: -- and thank you for what you do.
MR. OCHS: If we might impose on Mr. McElwaine to indulge
us with a photo as long as he's here?
CHAIRWOMAN HILLER: Oh, you know, that's a great idea.
Let's all stand again and bring him forward with Nicole.
Item #4B
PROCLAMATION DESIGNATING APRIL 2013 AS CHILD
ABUSE PREVENTION MONTH AND RECOGNIZING THE
CHILDREN'S ADVOCACY CENTER FOR ITS LIFE-CHANGING
WORK AND SERVICE TO ABUSED & NEGLECTED YOUTH IN
COLLIER COUNTY. ACCEPTED BY MR. LEE ON BEHALF OF
JACKIE STEPHENS, CEO, CHILDREN'S ADVOCACY CENTER
— ADOPTED
MR. OCHS: Item 4.B is a proclamation designating April, 2013
Child Abuse Prevention Month and recognizing Children's Advocacy
Center for its life-changing work and service to abused and neglected
youth in Collier County. Accepted by Jackie Stephens, Children's
Advocacy Center. This item is sponsored by Commissioner Hiller.
Is Ms. Stephens here today?
MR. LEE: That would be me accepting on her behalf.
(Applause.)
Page 11
April 9, 2013
MR. LEE: Thank you again for this. We really appreciate it.
And on behalf of all the children that we serve, we thank you too.
CHAIRWOMAN HILLER: Could you please share with the
community what you do to protect and help these children? I think
the citizens of Collier County need to understand the contribution you
make and how important and significant it is.
MR. LEE: We like to call ourselves kind of the first responders
to abuse in this community. When a child is abused and it's of a
serious nature, the child is taken to our facility and they're given a
forensic interview. And that interview consists of a very highly
trained professional talking with the child and extracting the
information while law enforcement is in a separate room watching it
on closed circuit TV. And basically allowing law enforcement to
protect the child by getting the perpetrator and, you know, and we
offer therapeutic services after the fact. So once the child comes in and
has been diagnosed with abuse, we look to offer healing options for
them.
CHAIRWOMAN HILLER: Great. Great organization. I hope
people support you.
MR. LEE: Thank you very much.
CHAIRWOMAN HILLER: Thank you.
Item #4C
PROCLAMATION DESIGNATING APRIL 2013 AS SEXUAL
ASSAULT AWARENESS MONTH IN COLLIER COUNTY.
ACCEPTED BY MICHELLE ENGLISH, EXECUTIVE
DIRECTOR, PROJECT HELP AND EILEEN WESLEY, VICTIM
SERVICE COORDINATOR, PROJECT HELP — ADOPTED
MR. OCHS: Item 4.0 is a proclamation designating April 21st
through the 27th, 2013 as -- I'm so sorry, excuse me, Madam Chair.
Page 12
April 9, 2013
4.0 is a proclamation designating April, 2013 as Sexual Assault
Awareness Month in Collier County. To be accepted by Michelle
English, Executive Director, Project Help, and Eileen Wesley, Victim
Service Coordinator, Project Help. This item is sponsored by
Commissioner Coyle. If you'd please come forward.
(Applause.)
CHAIRWOMAN HILLER: Would you like to speak?
MS. ENGLISH: Good morning, Commissioners. And thank you
so much. We certainly appreciate the awareness that we are able to
give.
And very quickly, we'll just say that this is a perfect example,
because in the last 10 days we've had to deal with six sexual assaults
right here. So it is a good thing for everybody in the community to
realize, and it's a good outreach. And we also deal with all sexual
assault victims, but we're also victims of crimes, so we deal with all of
that too. And unfortunately we deal with the sudden death and
homicide, suicide. So we appreciate all your support always.
CHAIRWOMAN HILLER: Can you describe a little bit of what
you do also for the benefit of the community.
MS. ENGLISH: Absolutely. Project Help is a 24/7 response,
and we also maintain the crisis and sexual assault hotline. So we are
able to help victims throughout the community in various ways. We
have the forensic facility for all sexual assault victims for over the age
of 12. And then again, we help all victims of crime. So probably
about 5,000 clients a year that we deal with and help. And we help
them from victimization all the way through prosecution.
CHAIRWOMAN HILLER: Another great organization to
support.
MR. OCHS: And what is your name for the record.
MS. ENGLISH: Michelle English, the Executive Director.
CHAIRWOMAN HILLER: Thank you, Michelle.
Page 13
April 9, 2013
Item #4D
PROCLAMATION DESIGNATING APRIL 21-27, 2013 AS
CRIME VICTIM'S RIGHTS WEEK IN COLLIER COUNTY.
ACCEPTED BY ANGELA LARSON, VICTIM'S SERVICES
SUPERVISOR, COLLIER COUNTY SHERIFF'S OFFICE AND
BETTY ARDIA-MCGUIRE, STATE ATTORNEY'S OFFICE —
ADOPTED
MR. OCHS: Item 4.D is a proclamation designating April 21st
through 27th, 2013 as Crime Victims Rights week in Collier County.
To be accepted by Angela Larson, Victims Service Supervisor, Collier
County Sheriffs Office, and Betty Ardia-McGuire, State Attorney's
Office. And this item is sponsored by Commissioner Coyle.
(Applause.)
CHAIRWOMAN HILLER: We should get -- where's the child
advocacy? Have they left? Oh, they did? That's unfortunate, because
I was going to say, bringing them up at the same time makes sense.
Would you like to speak? Would you like to say a few words?
MS. LARSON: My name is Angela Larson and I supervise the
victim and senior advocacy unit of the Collier County Sheriffs Office.
The people that you saw with me are a team, a group here within
the county that provide services to victims of crime, whether it's
sexual assault, child abuse, the whole gamut. And this National Crime
Victims Rights Week honors those that have actually survived
victimization. And our goal is to help them return to the normalcy of
their life as soon as possible in the best way possible so that they can
stand proud.
CHAIRWOMAN HILLER: That's wonderful.
MS. LARSON: So thank you for your recognition.
CHAIRWOMAN HILLER: Well, we really appreciate all you
do. And as you know, at the last Board meeting, the Board
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April 9, 2013
unanimously supported essentially a pilot program to support the
victim advocacy organizations in the county and do everything
possible to assist with seeing them get more funding, better service,
everything possible to make it easier for you to do the great job you're
doing. And the Sheriffs Office is also involved in that.
So we want to really thank you all for what you're doing. You're
the most important group out there.
MS. LARSON: The people that are represented here are from
first responders to the State Attorney's Office and long-term service
providers.
CHAIRWOMAN HILLER: Wonderful. We thank you all.
Great job.
(Applause.)
Item #4E
PROCLAMATION DESIGNATING APRIL, 2013 PARKINSON'S
DISEASE AWARENESS MONTH IN COLLIER COUNTY.
ACCEPTED BY MICHAEL AND GRETCHEN CHURCH,
PARKINSON'S ACTION NETWORK — ADOPTED
MR. OCHS: Item 4.E is a proclamation designating April, 2013
as Parkinson's Disease Awareness Month in Collier County. To be
accepted by Michael and Gretchen Church, Parkinson's Action
Network.
This item is sponsored by Commissioner Fiala.
(Applause.)
CHAIRWOMAN HILLER: Would you like to say a few words?
MS. CHURCH: Yeah, please.
CHAIRWOMAN HILLER: Go ahead.
MS. CHURCH: We'd like to thank the Commission, as always,
for being strong supporters of the Parkinson's community. We have a
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April 9, 2013
great resource here in Southwest Florida with the Parkinson's
Association of Southwest Florida. They have exercise programs,
respite support groups.
But above and beyond that, what Michael and I do with the
Parkinson Action Network to the Florida State Directors, and we
represent the 65 to 70,000 people in the State of Florida up on Capitol
Hill and try to make sure that we're getting better funding for better
research, greater treatments and hopefully a cure.
This isn't your grandpa's disease, as both Michael and I have it,
and we were diagnosed in our thirties. And that's part of this whole
month is to create the awareness that -- of what it is, who is affected
and that it's not only just the individual but it's all of the people around
it that are affected.
So again, we thank you.
CHAIRWOMAN HILLER: Thank you.
(Applause.)
Item #4F
PROCLAMATION RECOGNIZING THE SPECIAL OLYMPICS
OF COLLIER COUNTY (SOCC) FOR ITS WORK IN THE
COMMUNITY AND TO RAISE AWARENESS OF ITS CAUSE.
ACCEPTED BY DAVID MCKENZIE, COUNTY
COORDINATOR, SOCC; SUE PALMER, FUNDRAISING
DIRECTOR, SOCC; FRITZ SULLIVAN, MARKETING
DIRECTOR, SOCC; MATT BERMAN, FOUNDER, STAND UP
PADDLE (SUP); MJ WEIBLING, SUP COACH; TAYLOR
MASIERO, SUP HEAD COACH; VIVIANA PANTOJA,
ATHLETE AND MARTIN GRASSER, ATHLETE — ADOPTED
MR. OCHS: Item 4.F is a proclamation recognizing the Special
Olympics of Collier County for its work in the community and to raise
Page 16
April 9, 2013
awareness of its cause. To be accepted by David McKenzie, County
Coordinator, Special Olympics of Collier County; Fritz Sullivan,
Marketing Director, SOCC; Matt Berman, Founder, Stand Up Paddle;
M.J. Weibling, Stand Up Paddle Coach; Taylor Masiero, Stand Up
Paddle Head Coach; Viviana Pantoja, Athlete; and Martin Grasser,
Athlete.
This item is sponsored by Commissioner Hiller.
(Applause.)
CHAIRWOMAN HILLER: Would you like to speak?
MR. SULLIVAN: Yeah, I'd like to say --
CHAIRWOMAN HILLER: That would be great.
MR. SULLIVAN: Good morning, everyone. I just want to say
that this is near and dear to all of our hearts. But I just want to let you
know that the team we brought this morning, thanks to Matt Berman
and the folks from Stand Up and Paddle, Sweetwater, our two athletes
and our coach, M.J., we have our fourth annual Stand Up and Paddle
event coming to Bay Front on May 4th.
But more important, I want to let you know, these folks right here
have done the effort, and it is now a recognized sporting event for
Special Olympics Florida. And they made it happen right here in
Naples.
(Applause.)
CHAIRWOMAN HILLER: Can you -- for the benefit of the
people who don't know, can you tell us what Stand Up and Paddle is
about?
MR. SULLIVAN: I think it would be better if I had Matt come
up here and do that. Because Matt's the driving force behind it.
Come on, Matt. If you explain what -- you stay on the board
better than I do.
MR. BERMAN: Well, the gentleman is here from Sweetwater
Paddle; we owe a lot to them for helping train since day one, four
years ago now.
Page 17
April 9, 2013
I wanted to create something for the Special Olympic athletes
that they can do on their own eventually with practice. In the first
year we started they didn't even want to sit on the board. Down at
Vanderbilt the --
CHAIRWOMAN HILLER: Can you tell everybody what
standup paddle boarding is? There are people out there who may not
know, even though it's gaining tremendous popularity.
MR. BERMAN: Well, the abbreviation is SUP. And standup
paddle is you're actually standing on a huge surfboard with a tall
paddle and you're walking on water. And you can go as fast as you
want or casual as you like. And anybody can do it. Pat Hughes is 83
years old. She said to me one day, you put me on the board, I'm going
to paddle. I said, Pat, you have to kneel down first and stand up. She
goes, son, I don't kneel down in church, I ain't going to kneel on a
board.
So I put her on the board. And she paddles and she takes Brian
with her, they practice, and he's 69? 69 years old.
So it's a great outdoor event for Special Olympics, it's a new
sport for them, and it's just great to have it start here in Naples.
CHAIRWOMAN HILLER: Great. Well, we can hardly wait for
the event and we'll be cheering you on. Thank you for all you do.
MR. BERMAN: Thank you.
CHAIRWOMAN HILLER: And great job, athletes.
(Applause.)
CHAIRWOMAN HILLER: May I have a motion to approve the
proclamations?
COMMISSIONER FIALA: Motion to approve the --
CHAIRWOMAN HILLER: May I have a second?
COMMISSIONER FIALA: -- proclamations.
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
Page 18
April 9, 2013
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #5A
PRESENTATION OF COLLIER COUNTY'S BUSINESS OF THE
MONTH FOR APRIL 2013 TO LUTGERT INSURANCE.
ACCEPTED BY BUD HORNBECK, PRESIDENT; PATTY
HORNBECK, ASSOCIATE; SCOTT LUTGERT, OWNER; STEVE
BENZA, VICE PRESIDENT; MARC WILLIAMS, VICE
PRESIDENT & HOWARD GUTMAN, OWNER — PRESENTED
MR. OCHS: Madam Chair, that takes us to Item 5 on your
agenda this morning, presentations.
Item 5.A is a presentation of the Collier County Business of the
Month for April, 2013 to Lutgert Insurance, to be accepted by Bud
Hornbeck, President; Patty Hornbeck, Associate; Scott Lutgert,
owner; Steve Benza, Vice President; Mark Williams, Vice President;
and Howard Gutman, Owner.
(Applause.)
CHAIRWOMAN HILLER: Would you like to say a few words?
MR. LUTGERT: Well, thank you very much for this
recognition. It's really quite fitting, as this is our -- we're celebrating
our 60th anniversary in business in Collier County.
In 1953 Roy Smith founded Smith Fletcher Insurance. Roy
Smith was one of the first mayors of Naples. I think he served seven
or eight years as mayor. We operated as Smith Fletcher until the year
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April 9, 2013
2000 when the gentleman in front of you and myself purchased Smith
Fletcher. We named it Lutgert Smith Fletcher, operated that way for
five years, and then we dropped the Smith Fletcher and now it's just
Lutgert Insurance.
We have about 87 employees in five locations in Southwest
Florida. We're an all lines insurance agency and very involved in the
community, and we're very proud to be part of this great community
of Collier County and all of Southwest Florida.
Again, thank you very much for the recognition.
CHAIRWOMAN HILLER: And we as a Board really want to
thank you for your contribution which has been enormous on multiple
levels. Your success as a business, your contributions to the
community as philanthropists, your involvement in assisting so many
who need help. Thank you.
MR. LUTGERT: I'd like to give Scott recognition for his family
for the Lutgert College of Business --
CHAIRWOMAN HILLER: Absolutely.
MR. LUTGERT: -- at Florida Gulf Coast University, The
Lutgert Duke Cancer Center, Scott's involvement with Naples Winter
Wine Festival and on and on and on. It's been a great organization to
be a part of, I can tell you that.
CHAIRWOMAN HILLER: Absolutely, without any question.
Thank you very much, Mr. Lutgert.
(Applause.)
CHAIRWOMAN HILLER: And if I understand correctly,
correct me if I'm wrong, but wasn't the business school's MBA
program touted among the top 50 in the nation?
MR. HORNBECK: Yeah, the business school has been getting
accolades. And, you know, the excellence of the entire FGCU has
been increasing.
CHAIRWOMAN HILLER: Absolutely.
MR. HORNBECK: Of course so have the athletics. And we got
Page 20
April 9, 2013
a lot --
CHAIRWOMAN HILLER: Go Eagles.
MR. HORNBECK: -- of good applicants too for basketball
coach, so we're coming -- we're going to be there.
CHAIRWOMAN HILLER: That's great.
MR. HORNBECK: So that's good.
CHAIRWOMAN HILLER: Well, thank you again for all you've
done.
MR. HORNBECK: You're welcome.
Item #6A
PUBLIC PETITION REQUEST FROM RANDALL J. COHEN
REGARDING PRACTICES AND PROCEDURES — MOTION
DIRECTING THE COUNTY ATTORNEY TO TAKE THE ISSUES
PRESENTED TO THE STATE ATTORNEY'S OFFICE AND
FLORIDA BAR — APPROVED
MR. OCHS: Madam Chair, that takes you to Item 6 on your
agenda this morning, public petitions. Item 6.A is a public petition
request from Randall Cohen regarding practices and procedures.
CHAIRWOMAN HILLER: I would like to wait 'til
Commissioner Coyle and Commissioner Fiala come back. It looks
like they've just left the room for a minute. So we'll take a few
moments and just wait for their return.
Mr. Cohen, I hope you don't mind, since two board members
have left, we'll wait 'til they come back. Thank you.
COMMISSIONER COYLE: I have returned.
CHAIRWOMAN HILLER: Thank you.
MR. OCHS: Madam Chair, you may want to proceed and have
Commissioner Fiala -- she may be in the back, she can still hear with
speakers if she's otherwise predisposed.
Page 21
April 9, 2013
CHAIRWOMAN HILLER: Let's just take a moment to read
what's being presented to us. There's a lot of information here. And
then we'll proceed.
Mr. Cohen, where are you? Do you mind if we take a minute to
read this? And maybe Commissioner Fiala will return in the
meantime.
The court reporter has a copy? You have a copy of this?
THE COURT REPORTER: Yes, I do, thank you.
CHAIRWOMAN HILLER: Okay, thank you.
Has everyone had time? No, there's still one commissioner still
reading.
COMMISSIONER HENNING: I'm sure this is going to in part
be read on the record, so why don't we begin.
CHAIRWOMAN HILLER: Go ahead. Can you start the timer,
please.
MR. COHEN: For the record, Randall J. Cohen, 6064 Shallows
Way, Naples, Florida.
Commissioners, if you bear with me, I have an autonomic
nervous system disorder which affects my ability to concentrate and
when I'm interrupted with questions or comments, I lose my place. So
I would appreciate it very much if any comments and questions might
be reserved to the end of the presentation, if there may be some.
This presentation is actually dedicated to the memory of Jim
Mudd's integrity, ethics, morality and Jim's insistence to right wrongs
in search for the truth in Collier County government.
In that context, keep in mind please for the following 10 minutes
that if it looks like a cover-up, smells like a cover-up, it probably is a
cover-up.
What I'm asking the BCC to do after the end of this presentation
is place this item on the next BCC's regular agenda, and in that context
request an independent investigation of this entire matter by the White
Collar Crimes Division of the State Attorney's Office related to the
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April 9, 2013
affidavit and related matters, ascertain the truth and veracity of the
December 18th, 2009 anonymous letter that's attached, as well as Mr.
Casalanguida's affidavit, completely investigate the roles of Mr.
Casalanguida, the County Attorney's Office and the County Manager's
Office in the context of the respected duties and responsibilities, take
appropriate disciplinary action or remedial measures to completely
address the items in the December 18th, 2009 letter, and Mr.
Casalanguida's December 21st, 2009 affidavit, and also ask Mr.
Casalanguida to provide proof of his college education as depicted on
his Collier County employment application.
Commissioner Hiller recently has repeatedly stated that she is a
complete proponent of transparency, truth and trust in Collier County
government. There is no constraint on truth in transparency in
government with respect to the time and the truth as it relates to the
current operation of Collier County government.
Today we are going to delve into the truth in transparency in
Collier County government.
I was laid off by Collier County in December of 2009. At that
time I was recovering from a significant surgery and bedridden. It
was my fifth surgery. Unbelievably Mr. Casalanguida called me at
home and stated on the phone the reason I was being laid off was to
obfuscate my ability to collect disability.
Unbeknownst to Mr. Casalanguida, once the disability
application process begins, it triggers the disability eligibility
determination, so the rationale for the layoff was without foundation.
On December 18th, 2009 the BCC, County Manager, BCC
candidates, including you, Commissioner Hiller, and numerous staff
members received an anonymous letter pertaining mostly to Mr.
Casalanguida.
Would you put that on the visualizer, please.
This is a public record provided by the county. Undoubtedly the
author decided to remain anonymous. As the letter indicates, that
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April 9, 2013
prior complaints to Mr. Casalanguida's boss, Mr. Norm Feder, resulted
in no action by Mr. Feder, the Human Resources Department or the
County Manager's office. According to the County Manager -- not
only -- there was no investigation, not even a single inquiry.
Why ask a question or investigate when you already know the
answer? I think it's time for all of Collier County to know what is in
the public record and what the truth is, as advocated by Commissioner
Hiller.
On December 18th, 2009 the BCC and County Manager received
the letter that's on the visualizer, and let me read a significant excerpt.
How can Human Resources agree to place a high school graduate
with a long history of philandering with staff as a quasi-administrator
of CDES? Nick has a reputation of not only sleeping with county
staff, he has also a history of hiring his mistresses. Laurie Beard and
Lisa Koehler are both mistresses of Nick's, and when he hired them he
created an outcry in the Transportation Division, transportation staff
around the building and its staff function (sic). Mr. Feder condones
this behavior. He even called in a favor at the Water District Big
Basin to transfer Lisa so staff morale would not continue to diminish.
Laurie Beard on the other hand was so angry that she contacted
Nick's wife and told her everything. Now Mrs. Casalanguida will
have to explain to their three young daughters that daddy had to move
out of the house because he can't control his sexual desires for county
staff
These aren't my words. This is a public document available to
any resident in Collier County.
Please note on Page 2 of the item, if you could place that on the
agenda (sic), it was copied to all the County Commissioners at the
time: The County Manager and County Commission, people running
for County Commission, including Commissioner Hiller.
The author of this letter was basically alleging that there was a
rooster in the henhouse and if promoted Mr. Casalanguida, as that
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April 9, 2013
rooster, he would have access to a hen farm.
Please take the allegations into consideration, because of the
Human Resources Practices and Procedures Manual.
And I'm going to go ahead -- based on time, go ahead and
truncate this. But it is policy of the county to prohibit romantic
association of employees to the extent that one of the employees
serves in a managerial and/or supervisory capacity. Mr. Casalanguida
was that supervisor.
And under item number three, the rationale, and most likely, is
the potential likelihood of sexual harassment in the workplace.
Furthermore, if fraternization occurs pertaining to sexual
harassment, county employees must not engage in sexual harassment
or false accusations of sexual harassment.
Why is the provision important? Let's think about that. One of
two things transpired here. Either there was sexual harassment or a
false allegation of sexual harassment. Either way, if that transpires,
your manual with respect to Human Resources practices and
procedures calls for an investigation. If it's true or if it's false and
somebody makes those allegations, you need to get to the bottom of
the matter.
Okay. Let's talk about the letter itself. Okay. It was written; it
was anonymous. A lot of things are provided to the county
anonymously.
But what's more importantly, you know, the fact of the matter is,
is both women did work for Mr. Casalanguida. With respect to Ms.
Koehler, I observed interaction between Ms. Koehler and Mr.
Casalanguida that would support the allegation.
With respect to Ms. Beard, I called Mr. Casalanguida one day to
talk about the Vanderbilt Beach Road extension and the Golden Gate
Parkway extension as part of the AUIR and CIE. Ironically he wasn't
there. Ms. Beard was on the phone crying. I asked her what was
wrong, she told me that she was going to be fired. I asked her why.
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April 9, 2013
I thought it was because of lay-offs. At that time she told me because
she was having an affair with Mr. Casalanguida, that she had called
his wife and Mr. Casalanguida was livid at her for doing that.
In both instances I called Mr. Casalanguida after those -- the
observation of the interaction, as well as the phone call. Ironically at
that time I thought they were colleagues, I didn't realize they reported
directly to him. I didn't realize that until I read the anonymous letter
which triggered the HR question with respect to the violation of the
policy.
What's really interesting is there's no action taken by the County
Manager's Office, according to the County Manager's Office
correspondence I received. There's no investigation. There was no
request for an explanation from Mr. Casalanguida. Yet Mr.
Casalanguida provided an affidavit that was prepared by the County
Attorney's Office, if you could put that on the visualizer. And in that
affidavit Mr. -- and it was attested by an employee of the County
Attorney's Office.
Mr. Casalanguida states that he didn't have an affair with either
one of these women and that it's a complete lie and fabrication. My
question is this: County Attorney's Office works for the BCC. Mr.
Casalanguida works for the County Manager. The County Attorney
wasn't provided the document in question, yet he's providing an
affidavit, which is a legal document, on behalf of Mr. Casalanguida, to
refute what are supposed untruths in this letter.
Who does the County Attorney's Office work for? Does he work
for the Board or does he work for Mr. Casalanguida? And I raise the
question because if there was the violation of the human (sic) practices
and procedures manual, it's the County Attorney's Office which assists
in the investigation of what would have been Mr. Casalanguida.
Something is wrong in the process. Again, I'm going to leave
you with this. My time is running out. You have before you a request
for actions in your packet. I respectfully request that you place this on
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April 9, 2013
your next agenda and take the actions that I set forth. Thank you very
much.
CHAIRWOMAN HILLER: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Once the petitioner steps away
from the podium, I will -- I'm ready to make a motion.
CHAIRWOMAN HILLER: Okay. Thank you.
COMMISSIONER HENNING: Madam Chair, I make a motion
we direct the County Attorney to take legal action against Randall
John Cohen, address 6064 Shallows Way, Naples, Florida, of
defamation, including def-- and but not limited to defamation. That's
my motion.
CHAIRWOMAN HILLER: Any discussion on the motion?
COMMISSIONER COYLE: There should be a second, and I'll
second it unless the County Attorney has some objection to
proceeding.
MR. KLATZKOW: I don't know that he's worth the time. I
mean, I'm happy to proceed, I just don't know that he's worth the time.
COMMISSIONER COYLE: Well, I think I know why
Commissioner Henning wants to do this. He wants to stop this kind of
behavior. And I can remember a time when Randy Cohen was a very
respected and valuable employee, and something happened, and it
happened with him and not with Collier County. So I think this kind
of behavior is inexcusable and so I will support Commissioner
Henning's motion. Because I understand the value of defending the
county and its employees against such allegations. So I think it's
worth a try. And at least perhaps file a complaint with the Florida
Bar.
MR. KLATZKOW: Well, I'm happy to file a complaint with the
Florida Bar. My concern is this is exactly what he wants to do, wants
us to do. And I would expect some sort of counterclaim being filed
seeking money. Because I think that's what this entire thing is about,
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April 9, 2013
Mr. Cohen trying to extract money from the county.
COMMISSIONER COYLE: Well, if that's your guidance, I can
understand the logic in that.
Commissioner Henning, would you reconsider and let's settle on
a complaint to the Florida Bar?
MR. KLATZKOW: And a reference to the State Attorney while
we're at it.
COMMISSIONER HENNING: Yeah, I'll amend my motion.
Here's my concern. If we allow this from one former employee,
it will -- my fear, it will continue. And it's just not productive.
MR. KLATZKOW: I just say -- let me react to this in a different
way other than filing a civil suit, and I think that the message will be
sent loud and clear.
COMMISSIONER COYLE: Okay.
COMMISSIONER HENNING: Okay.
CHAIRWOMAN HILLER: So Commissioner Nance?
COMMISSIONER NANCE: Yes, I actually think it's the
responsibility of the County Manager to deal with these sorts of
matters in the way he sees fit. And I think it's not the purview of the
Board of County Commissioners, unless the County Manager would
like to do that. I have complete confidence in Leo to manage
personnel and make decisions that he feels are appropriate. And I
would really defer on him. If he thinks there's no further action
necessary, I would certainly support whatever action he feels that he
needs to do to set this aside. I don't know that we need to jump over
his head unless he feels like it's appropriate.
So Leo, you know, I have full faith in your ability and feel real
confident that you're able to deal with it. So what would you like the
Board to do to support you?
MR. OCHS: Commissioner, if you could just authorize me to
work with the County Attorney to take the appropriate actions to chill
this type of behavior in the future, I think that gives us the latitude, as
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April 9, 2013
your County Attorney had just expressed, with my office's support to
address these kinds of issues.
COMMISSIONER NANCE: I would certainly like to support
the County Manager and let him be able to resolve these things,
because you don't know how many of these are going to come up over
time, and I'm very supportive of the County Manager and his ability to
manage staff.
CHAIRWOMAN HILLER: I'd like to comment. It's actually a
matter of law that it is the County Manager's duty to deal with these
types of staff issues.
If the Board of County Commissioners -- or I should say if the
county faces a suit as a consequence of something that's going on
within the county's administration side then we as a Board are going to
hold you, the County Manager, responsible.
So this is actually outside of our purview. And it is something
that you do need to deal with as you see fit, and jurisdictionally is 100
percent in your court.
If there is any legal action that faces the Board, then it does
become the Board's issue with respect to defending the county.
And to the end of the County Attorney, County Attorney, you
need to do what is appropriate. It's my understanding that the County
Attorney -- and obviously there is an issue that we need to make sure
is clear going forward -- does represent the Board of County
Commissioners, and also in that context represents administration; is
that correct?
MR. KLATZKOW: First and foremost I represent the Board of
County Commissioners. And with that capacity, I support your staff.
CHAIRWOMAN HILLER: Right. So to that end, if you would
work with the County Manager to ensure that everything that is being
done is legal and correct, I think that is the appropriate action. And do
whatever is necessary to address this issue.
Anybody can speak before the Board and, you know, state their
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April 9, 2013
case. And we will give everyone the opportunity to be heard. And as
long as everything is done within what's permitted by law.
So do we have a motion that -- or should I say Commissioner
Henning, would you like to retract your motion and --
COMMISSIONER COYLE: Before he does that, could I make a
comment?
CHAIRWOMAN HILLER: Yeah, go ahead.
COMMISSIONER COYLE: My light's on.
CHAIRWOMAN HILLER: Forgive me, I didn't see that. I
apologize.
COMMISSIONER COYLE: I don't agree with your position or
Commissioner Nance's position. Because there are two issues here:
One is the issue of discipline and performance of Collier County
employees. That is clearly the purview of the County Manager. The
other is an action by the County Attorney to provide support or to take
action unilaterally on his own basis, based upon the guidance that we
provide the County Attorney.
So Commissioner Henning's motion, as I understood it, was to
provide guidance to the County Attorney to take action with respect to
any non judicial procedures that he recommends taking. And that is
not an action that the County Manager is responsible for taking.
CHAIRWOMAN HILLER: If I may clarify, just to -- what I
heard was something different. What I heard as the motion on the part
of Commissioner Henning was to file suit against --
COMMISSIONER COYLE: No, he --
CHAIRWOMAN HILLER: To direct the County Attorney to
file suit against Mr. Cohen for defamation.
COMMISSIONER COYLE: No, I think he said he was willing
to reconsider based upon the County Attorney's statement.
CHAIRWOMAN HILLER: Right. But that's -- we haven't got
to that yet. That's what he was just in the process of doing.
COMMISSIONER HENNING: No, I did that already.
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April 9, 2013
COMMISSIONER COYLE: Yes, he did.
So we've got -- the one action with the County Manager doesn't
need any action on our part, okay, we only need to focus on the
direction we're giving the County Attorney in accordance with
Commissioner Henning's revised motion.
CHAIRWOMAN HILLER: Can you restate your motion as
revised?
COMMISSIONER HENNING: That I made the motion to direct
the County Attorney to take this issue to the State Attorney's Office
and/or Florida Bar.
CHAIRWOMAN HILLER: Is that your motion?
COMMISSIONER HENNING: Yeah.
CHAIRWOMAN HILLER: What's your position on that?
MR. KLATZKOW: I think that's appropriate.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER COYLE: And I second it.
CHAIRWOMAN HILLER: Any further discussion on it?
(No response.)
CHAIRWOMAN HILLER: Mr. Cohen -- is he still here?
MR. COHEN: Yes, ma'am.
CHAIRWOMAN HILLER: You have the ability to take this to
the State Attorney's Office independently also.
There being no further discussion, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #7
Page 31
April 9, 2013
PUBLIC COMMENTS ON GENERAL TOPICS
MR. OCHS: Madam Chair, that takes you to Item 7, public
comments on general topics.
MR. MILLER: We have two registered speakers, today, Madam
Chairman. The first registered speaker is Randy Cohen.
Mr. Cohen?
MR. COHEN: Thank you very much.
The reason I'm here is at a recent meeting you provided a
settlement to the Blockers in Immokalee for $500,000. At the meeting
Commissioner Coyle, and correct me if I'm wrong, Commissioner
Coyle, you made a statement on the record pertaining to the Board
giving a directive to code enforcement to cleaning up Immokalee. Is
that correct? I don't want to misstate anything. You had taken a trip
out there I think and observed certain conditions and --
COMMISSIONER COYLE: No, there was a discussion, an
allegation made that the Board had given direction to use the Code
Enforcement Department to punish the Blockers. And I said I do not
recall any such action being taken by the Board at any point in time
for the Blockers or anyone else. So that was my comment concerning
that item.
MR. COHEN: Yeah. And that's my recollection as well.
One of the things I wanted to talk about is in that process with
respect to the Blockers there was an internal meeting in Community
Development/Environmental Services, at which time before the
Blocker case ever went to Code Enforcement the Code Enforcement
Director was asked to meet with both Comprehensive Planning
Department and the Zoning Department before making that
presentation. That never occurred. That Code Enforcement Director
proceeded without consulting the Comprehensive Planning Director,
which was myself at that time, or the Zoning Administrator.
That consultation didn't occur until the binding arbitration --
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April 9, 2013
before the binding arbitration hearing. And I just wanted to set the
record straight for that so you're aware of the process that that
transpired.
COMMISSIONER COYLE: I'm not sure I understand the
relation between that statement and the allegation that we used --
MR. COHEN: On the record there was a comment that was
made that the Blocker property was inconsistent with the
comprehensive plan --
COMMISSIONER COYLE: Okay.
MR. COHEN: -- and that determination was never made before
it was presented to Code Enforcement Board -- by the Code
Enforcement Director at the time. And I just wanted to clarify the
record.
COMMISSIONER COYLE: Okay, thank you very much.
MR. COHEN: I appreciate it very much.
MR. MILLER: Your next and final public speaker for public
comment is John Lundin.
MR. LUNDIN: Hi. John Lundin.
First I'd like to express condolences to the family of Barry
Willoughby, the former head of the Naples Tea Party. He passed
away suddenly the other day. I'd just like to say that's a sad thing.
I'd like to speak to you today to discuss the issue of hydraulic
fracturing of gas and oil here in eastern Collier County. Fracturing is
an oil and gas exploration process where water is mixed with sand and
up to 600 different chemicals, some of them known to cause cancer,
which are injected deep into the ground at high pressure to release oil
and gas for exploration.
Currently in Florida legislature they're considering House Bill
743 and Senate Bill 1028, the Fracturing Chemical Usage Disclosure
Act. Unfortunately the bills were written by the oil industry and
they're full of loopholes that could threaten the environment here in
Collier County, if fracturing ever actually comes here.
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April 9, 2013
These bills, they don't -- the loopholes are they don't include the
quantities or the concentration of the fracturing chemicals. And also it
allows fracturing companies exemptions for trade secrets where they
don't have to list the chemicals at all which may be used in the
fracturing process.
There's many environmental groups across the United States and
Europe that oppose fracturing, because they include air, water, they
threaten endangered species, they can cause micro earthquakes, and
they also can -- examples in Pennsylvania of radioactive gasses being
released from the process of fracturing.
Now, the loopholes in this house bill, they mirror the Federal
EPA exemptions. Pretty much the federal government allows the
same exemptions.
To give you an example, a few years ago when we had the BP oil
Gulf spill, in order to dilute the oil in the oil spill, BP used a chemical
disbursement, but they did not have to release the names of the
chemicals or the quantities they were using. And to this day we do not
know how much of this chemical was put into the Gulf, which could
do a lot of environmental damage to the Gulf
The State of New York, they are now considering a moratorium
on fracturing. It's going through their House and their Senate. The
Country of France, they banned fracturing outright.
I originally got involved in this issue -- Commissioner Hiller, you
sent me an email six months ago, in October, about an article in the
News Press about a company in Immokalee that was considering
doing fracturing, so ever since then I've been kind of aware of the
issue.
This company has decided they're not going to do fracturing
currently in Collier County. They want to pursue traditional oil
exploration.
So I suggest that the Board of County Commissioners, if you're
interested in this, that you hold a future workshop, have both sides of
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April 9, 2013
the issue come in, have people who are for fracturing and against
fracturing, and then determine if you think fracturing is doable here in
Collier County. And maybe you'd want to make a regulation stricter
than the house bill currently being passed. Thank you very much.
CHAIRWOMAN HILLER: Thank you.
Item #10A
REQUEST FOR RECONSIDERATION OF ITEM #10H FROM
THE MARCH 12, 2013 BCC MEETING TITLED:
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS DIRECT STAFF TO PREPARE
SOLICITATIONS FOR THE POST OF COUNTY MEDICAL
DIRECTOR AND DEPUTY COUNTY MEDICAL DIRECTOR;
THAT THE POSITIONS OF COUNTY MEDICAL DIRECTOR
AND DEPUTY COUNTY MEDICAL DIRECTOR BE POSTED
TO ACCEPT APPLICATIONS BY APRIL 1, 2013; FURTHER,
THAT STAFF BRING BACK A SLATE OF ALL APPLICATIONS
RECEIVED FOR BOARD REVIEW AND CONSIDERATION BY
THE FIRST BOARD MEETING IN MAY, 2013. THE
SOLICITATION FOR THE POSITION OF COUNTY MEDICAL
DIRECTOR SHALL PROVIDE THAT THE APPLICANT SHALL
NOT BE AFFILIATED DIRECTLY, NOR INDIRECTLY WITH
ANY LOCAL HOSPITAL. THE COUNTY MEDICAL DIRECTOR
APPROVES THE COUNTY'S EMERGENCY SERVICE
PROTOCOLS AND AS SUCH ALL CONFLICTS OF INTEREST
IN APPEARANCE AND IN FACT MUST BE AVOIDED FOR
ETHICAL AND LEGAL REASONS — MOTION TO
RECONSIDER — FAILED
MR. OCHS: Commissioners, that takes you to Item 10 on your
agenda this morning, Board of County Commissioners.
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April 9, 2013
Item 10.A is a request for reconsideration of Item 10.H from the
March 12th, 2013 BCC Meeting. It was a recommendation directing
staff to prepare solicitations for the post of County Medical Director
and Deputy County Medical Director. This item has been brought
forward by Commissioner Coyle.
CHAIRWOMAN HILLER: If I may remind the Board, on any
request for reconsideration, there is no discussion.
COMMISSIONER COYLE: Okay.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: Well, you said there's no
discussion, so I'm waiting.
CHAIRWOMAN HILLER: So basically if you'd like to make a
motion.
MR. KLATZKOW: Commissioner Coyle is entitled to state his
reasons why he wants the Board to reconsider.
CHAIRWOMAN HILLER: That's fine. But there is no
discussion on what he will be presenting.
COMMISSIONER COYLE: Okay. I will be very brief.
The reason I'm asking that this be reconsidered is because I think
we need to begin to treat employees professionally. Just a few months
ago we changed our ordinance to require the evaluation of the Medical
Director before we made decisions concerning the extension or
termination of his contract. His contract does not expire until the end
of September of this year. But here we are rushing headlong into
trying to get an RFP on the street to get applications for medical
directors in April.
And we have not provided an evaluation which we are required
to provide by our own ordinance. And there is no way that either the
public or the Medical Director has to understand why this Board
would move so quickly prior to the expiration of his contract to solicit
applicants for the position.
So my proposal is essentially this: That we take the normal
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April 9, 2013
course of action, we evaluate our Medical Director, we discuss that
evaluation in a public hearing, and the Board then can make a decision
whether they wish to extend the contract of the Medical Director or
put out an RFP.
Proceeding the way in which we're proceeding is I think
unprofessional, unethical and it discourages qualified applicants from
wanting to work with this Board in view of the fact that we have
treated so many of them so badly over the recent months.
So my request is that the Board consider following our
ordinance, providing evaluations for the Medical Director, making a
decision in September or before the end of September about soliciting
applications or extending the current Medical Director's contract.
COMMISSIONER FIALA: Is that your motion?
COMMISSIONER COYLE: That's my motion.
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: So the motion is to provide for a
reconsideration of the solicitation for the post of Medical Director?
COMMISSIONER COYLE: Yes.
CHAIRWOMAN HILLER: And we have a motion and a second
by Commissioner Fiala.
Any further discussion?
COMMISSIONER NANCE: That would put it back on the
agenda for discussion, would it not?
CHAIRWOMAN HILLER: For discussion and vote. What this
does, this does not reverse what the Board approved, it merely --
COMMISSIONER NANCE: Puts it back on the agenda.
CHAIRWOMAN HILLER: -- puts it back on a future agenda for
a vote anew. But the situation remains as-is until that future vote
would be taken.
Is there any further discussion?
(No response.)
CHAIRWOMAN HILLER: There being no further -- do we
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April 9, 2013
have any public speakers?
MR. MILLER: No.
CHAIRWOMAN HILLER: Okay, there being no further
discussion, all in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Any opposed?
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
Motion carries 3-2 with Commissioners Fiala and --
MR. KLATZKOW: Motion fails.
CHAIRWOMAN HILLER: I'm sorry. Totally, I'm so sorry.
Strike.
Motion fails 2-3 with Commissioners Hiller, Nance and Henning
dissenting.
Item #10B
RESOLUTION 2013-87: APPOINTING FRANK C. DICKSON, II
TO PELICAN BAY SERVICES DIVISION BOARD — ADOPTED
MR. OCHS: Madam Chair, Item 10.B is appointment of member
to the Pelican Bay Services Division Board.
CHAIRWOMAN HILLER: Could you read the name?
COMMISSIONER HENNING: I make a motion that we appoint
Frank Dickson, applicant -- or the one that received the most votes in
Pelican Bay.
CHAIRWOMAN HILLER: It was the next highest vote taker in
the last election.
COMMISSIONER HENNING: Correct.
COMMISSIONER FIALA: Second.
Page 38
April 9, 2013
CHAIRWOMAN HILLER: I have a motion and a second.
Any discussion?
(No response.)
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
County Manager, going forward, could you please, when you're
making -- when you're reading this item, list the names of the
appointments --
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: -- or the recommended appointees --
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: -- for all these appointments to these
various boards? Thank you.
Item #10C
RESOLUTION 2013-88: APPOINTING MARK STRAIN TO THE
AFFORDABLE HOUSING ADVISORY COMMITTEE —
ADOPTED
MR. OCHS: Okay, 10.0 is appointment of member to the
Affordable Housing Advisory Committee.
COMMISSIONER FIALA: Motion to approve Mark Strain.
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER: All in favor?
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April 9, 2013
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries -- say that again?
COMMISSIONER COYLE: All opposed, aye.
CHAIRWOMAN HILLER: Okay. If everybody could please
announce your votes, because it's very difficult. Again, I'm just going
to repeat what I said at the beginning of this meeting, when I call for
the vote, please say yea or nay.
CHAIRWOMAN HILLER: So again, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Any opposed?
COMMISSIONER COYLE: Aye.
CHAIRWOMAN HILLER: Motion carries 4-1 with
Commissioner Coyle dissenting.
Next item on the agenda?
Item #10D
RESOLUTION 2013-89: APPOINTING DR. MATT EVERETT TO
THE COLLIER COUNTY PUBLIC SAFETY AUTHORITY —
ADOPTED
MR. OCHS: Yes, ma'am, Item 10.D is appointment of member to
the Collier County Public Safety Authority.
COMMISSIONER HENNING: Move to --
COMMISSIONER FIALA: Motion to approve.
CHAIRWOMAN HILLER: Let the County Attorney (sic) state
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April 9, 2013
the name.
MR. OCHS: The recommendation is Dr. Matt Everett,
representing the Physicians Regional Hospital.
COMMISSIONER FIALA: Motion to approve.
CHAIRWOMAN HILLER: Thank you. Do I have a second?
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Any opposed?
(No response.)
CHAIRWOMAN HILLER: Motion carries unanimously.
County Manager, can we please move to -- I see Kathy Curatolo
in the audience, and I believe she wanted to speak to agenda item --
MR. OCHS: 11.D.
CHAIRWOMAN HILLER: 11.D. Could we move forward with
that item so that she is able to go back to work on behalf of her
industry?
MR. OCHS: Certainly.
CHAIRWOMAN HILLER: And the school district and all the
other stuff she's doing?
Item #11D
RECOMMENDATION TO AUTHORIZE THE CONVERSION OF
TWELVE PERMITTING AND INSPECTION JOB BANK
POSITIONS TO FULL TIME EQUIVALENT POSITIONS FOR
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April 9, 2013
FUND 113, FIVE PLAN REVIEW AND INSPECTION JOB BANK
POSITIONS TO FULL TIME EQUIVALENT POSITIONS FOR
FUND 131 AND ONE NEW FULL TIME EQUIVALENT
POSITION FOR FUND 113 — MOTION TO APPROVE AND
DIRECT STAFF TO PROVIDE AN ANALYSIS OF REVENUE
VS. SUPPORT COST FOR FUTURE FEE ADJUSTMENT —
APPROVED
MR. OCHS: Yes, ma'am. Item 11.D is a recommendation to
authorize the conversion of 12 permitting and inspection job bank
positions to full-time equivalent positions for Fund 113, five plan
review and inspection job bank positions to full-time equivalent
positions in planning and development Fund 131, and one new
full-time information technology manager in our planning and
development.
MR. MILLER: Madam Chairwoman, you have two registered
public speakers for this item.
CHAIRWOMAN HILLER: Thank you.
MR. OCHS: Mr. Casalanguida will present.
MR. CASALANGUIDA: Good morning, Commissioners. For
the record, Nick Casalanguida.
What you have in front of you is a proposal to convert some job
bankers that we have on staff to full-time equivalence, except for one.
One is a new position, which is an IT position.
Again, I want to thank the County Manager and Jamie French
and all his staff at former Community Development but now Planning
and Regulation. They are a terrific team. We work great together.
And also recognize our two speakers, our industry partners. We have
CBIA and Development Services Advisory Committee members here,
all which we've worked with over the past two to three years to
continue to improve things in Planning and Regulation side.
That fund is an enterprise fund, so it's not a general fund we have
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April 9, 2013
in the county. It's based on revenues and expenditures. And we adjust
the funding and the staffing based on that accordingly.
What you have is a proposal to convert some job bankers to
full-time employees and one new IT person. The only difference
between really a job banker and a full-time equivalent is pretty much
the vacation days, the sick days and the paid holidays. There's not
much of a difference between those in terms of pay. Roughly
one-twelfth you could look at in terms of the salary.
So what you're seeing is that we're bringing in some folks in the
113 Fund, about 10 of those folks in that area, which is the building
fund. And I'll just give you a feel for what's going on in the one and
two-family homes markets there. You can see we're doing almost
twice as many as we are in Lee County. And that's shocking. That's a
county twice our size and we're doing twice as many single-family --
CHAIRWOMAN HILLER: That's not shocking, that's great.
MR. CASALANGUIDA: That's great.
CHAIRWOMAN HILLER: Let's phrase it in the positive,
please.
MR. CASALANGUIDA: I mean, if you look from 2010, when
we were doing 774 one and two-family homes to now, 2012, is 1,273,
and we've only got a little bit of the FY 13 numbers in there. But we're
on track to beat 1,273 if not, you know, a little bit higher than that.
So you're seeing a tremendous rebound in one and two-family
homes.
So the revenue side, our budget reserves in FY 113 and 113 (sic)
is roughly 1.7 million. If we continue the trend we're on right now,
we're going to double that. So that says a lot.
Now the County Manager has been signing job bank forms I send
up to him for the past 12 months. Those are requests for what I would
call permanent but non full-time employees. Our goal is to have a
10-percent cushion of job bankers and then have the Nova on-call
contract going forward.
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April 9, 2013
So as we adjust our staffing levels, we always want to have that
cushion.
Now, the NOVA on contract call is when we have that immediate
spike. If we get something like the Arlington we've been talking
about, a large development coming in and we need immediate help,
we can pull that, and that gives us time to bring job bankers on.
So that's the request in front of you.
With budget reserves in 131 they're 1.3 million, and we're on
track to almost double those as well too.
So five of these employees will be going into the 131 area,
because that's where we're seeing the uptick right now. I'll give you
the slide that shows that.
So the difference between 113 and 131, 113 is your building side
and your 131 is your land development side. So plots, rezones, site
development plans and things like that.
So the 131 side is now starting to see that phase tick up. You can
see where Hacienda Lakes was approved, the plots that are coming in
and the SDPs are coming in. And there's that demand of commercial
to follow the single-family homes.
And then the additional position is going to be housed in 113 but
will be split pay with 131 and general fund, which is the IT manager.
We have SIRE Active Review that we're doing, we have CityView
and Asset Management. All those things in working with Len's
division to have an IT person in-house that actually kind of has a dual
reporting role to IT and to the division itself.
So we're -- we have sufficient funds in both enterprise funds to
cover these positions. Our goal is to increase only the amount that we
have a 10 percent cushion of job bankers above that, and the on-call
contract. And we'll do this review annually or sooner or later as we
need to with the Board. And if we normalize then we'll come back
and talk about fees. Because I think at that point in time, you know,
we'll look to see if our fees might be too high in certain areas.
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April 9, 2013
So with that said, I'll let the public speakers or entertain any
questions from the Board.
CHAIRWOMAN HILLER: We have three Commissioners who
would like to speak, but if you would, Nick, could you please put
some additional information on the overhead? Can you show the
positions that you're creating and the salaries that will be paid for
these positions so everyone can understand the dollar amount that
we're talking about?
And for the benefit of the public, the salaries for these positions
are not set by Growth Management but rather by Human Resources
where they do an analysis relative to the market to determine what a
fair wage is for what's being proposed.
MR. CASALANGUIDA: Sure. On the 113 side, and I'm
reading upside down, planning and permitting technicians, front
counter help, customer service specialist, planning technicians that
deal with plan review, building inspectors, plumbing and mechanical
review and structural reviewer. So these are reviewers and planning
folks that do the management of the day-to-day plans and reviews.
And field inspectors as well too.
CHAIRWOMAN HILLER: And do you have the salaries for
these positions?
MR. CASALANGUIDA: They range, ma'am, anywhere from 30
to $80,000, typically.
CHAIRWOMAN HILLER: It would be beneficial for us to see
if you could take a minute and come up with the salaries for each of
these positions so we know what the total cost is. Because it's
important to understand how the revenues which are generated by
fees, not -- you know, these positions are not paid by property tax
dollars. They're paid by fees generated in the Growth Management
Division. Because it is an enterprise fund. And I think it's important to
see what these additional costs -- how these costs will be offset by the
increase in revenues attributable to the increase in volume of activity
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April 9, 2013
in that enterprise fund.
MR. CASALANGUIDA: Sure.
CHAIRWOMAN HILLER: And while you're putting that on, let
me go back to the statement you made with respect to adjusting the
fees overall.
To the extent that we -- we actually have an affirmative duty to
adjust our fees where our costs are not commensurate with those fees,
to bring them in line. So after you do the adjustment with your
payroll to ensure that the level of service is maintained, we do need to
go back, and that should be part of the motion to -- if a decision of the
Board is to approve this, to review the fees. And to the extent that our
revenues exceed the cost, to adjust the fees downwards so that there is
a match between the revenue and the cost side at the enterprise fund.
MR. CASALANGUIDA: Sure. Ma'am, for the rest of the fiscal
year, the difference in cost between the job bankers and the full-time
equivalents is 174,000. The difference in cost annually is about
419,000 between the two different job specs.
Our budget reserves in FY 13 for 113 is 1.7 million and 131 is 1.3
million. And as I noted, we're on track to double that. So if you look
at the delta between those two, there is more than sufficient revenue.
What we will do, going into the budget, because that's where
we'll really get into the details about job bankers, is we'll work with
the County Manager's Office to develop what is still that management
plan and continue to be business friendly and budget in more job
bankers.
So I would look at -- if it was a bar chart you'd have FTEs with a
cushion of job bankers with some on-call services.
So the annual difference, about 419,000, and we've got about
over $2 million in reserves extra to cover that right now.
Now, that only means that's that snapshot in time. When we go
into budgets, some of that reserve will go into the job bankers that will
forecast our FY14. But we won't go into that now because that's
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probably a budgetary discussion.
COMMISSIONER HENNING: I have a question.
CHAIRWOMAN HILLER: Go ahead.
COMMISSIONER HENNING: These are frozen positions right
now?
MR. CASALANGUIDA: Well, I guess you would call them
frozen. They're not in our FTE booklet -- budget book right now.
They're just job bankers. So they're not -- we don't have frozen
position anymore. Actually, the County Manager and the O&B office,
we've eliminated all FTEs. It's what you have are what you have.
There are no frozen positions.
COMMISSIONER HENNING: So you're going to have to --
those -- ramping up in all the divisions, I would imagine, if that's what
we did, then you're going to have to come back to us for each one of
those positions.
MR. OCHS: That's correct, Commissioner.
COMMISSIONER HENNING: Okay.
So what is the IT person -- what is the split between the
enterprise fund and the general fund and why?
MR. CASALANGUIDA: I think we're going to reconcile that as
we go forward. And the reason why is because they're going to work
on asset management as well too.
The plan with the IT Department is to have one embedded IT
type manager in each division that manages the rules that the IT sets,
but works for those divisions. With us going into SIRE Active
Review and have turned that on, they're the ones that -- the person I
would call if I get a phone call at 10:00 at night, says the system's
down, I would call our IT manager for that division. Because they
would be specifically for that.
Going forward, we're doing asset management. So a portion of
that person's time will make sure that whatever we purchase or we
implement is consistent with IT policies.
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April 9, 2013
COMMISSIONER HENNING: How many divisions do you
have?
MR. CASALANGUIDA: There are four divisions, sir.
COMMISSIONER HENNING: You have four divisions?
MR. CASALANGUIDA: No, I have two sections: Construction
and Management and Planning and Regulation. But there are four
divisions. We have two subsections in our division.
COMMISSIONER HENNING: So you have one division in
yours?
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER HENNING: So you're talking
administration?
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER HENNING: Gosh. Okay.
MR. CASALANGUIDA: If I had to hazard a guess on time, it
would probably be 70 percent dealing with CityView and SIRE and
about 30 percent with Asset Management, in terms of what their job
responsibilities would be.
COMMISSIONER HENNING: Okay.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: I just want to say, first of all, what a
positive, positive step this is going forward. I get over to growth
management a lot, and they're just running around like chickens with
their head cut off there's so much work going on right now. Which is
a wonderfully positive thing.
Commissioner Hiller just went up to Tallahassee last week and
received an award from the Governor for the highest growth -- highest
rate of job growth in the State of Florida. And there might even be
another thing that she will add to that a little bit later about the nation,
but I'm not going to go there right now.
But that is a wonderful thing in itself. And to double what our
neighbors are doing in the next county up I think is so positive.
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April 9, 2013
In fact, what I've been hearing from the developers that I've been
speaking to recently are they're getting worried about not enough
construction workers to fill the jobs. I'm sure you're aware of that as
well.
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER FIALA: And so they've said that the price of
the materials has gone up because there's so much required that it's
going up, plus the price of employees, construction employees,
because there's so few that they get to pick from anymore. And so
you're going to find that the construction costs are going to be going
up just because we're growing so fast.
So, you know, I think it's all a wonderful, wonderful asset. And
for those who are looking to Collier County as far as bringing their
businesses here, now is the time. We're wide open and ready to
embrace new businesses. And you can see that other people are
already coming in. So I just wanted to get this on a positive note.
CHAIRWOMAN HILLER: I really appreciate you sharing those
thoughts and words. It's wonderful.
You're absolutely right, we did receive an award and there will
be a formal presentation of that award at the next Board meeting, since
we received the award after the agenda had dropped. So we are
waiting on the video from Governor Scott's office and the best
possible photographs to let everybody see just what a momentous
occasion that was. And it's really -- it's unbelievable. We're number
one in the state for job creation. And as I understand, we rank in the
top five percent of, you know, larger jurisdictions in the nation. So we
are doing exceptionally well. And as a county we ought to be
commended.
MR. CASALANGUIDA: Ms. Chairwoman, I need to add, he's
panting as he walking up to the microphone, and he doesn't really
need to say anything other than -- I want to acknowledge, it is truly --
and I think CBIA is going to tell you that. You're going to have the
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April 9, 2013
best regulatory department in the state when we're done. And folks
like Jamie and the rest of the management team and the individual
staff that does that, I'm telling you, I can call him on Sunday night and
go over project issues that we have, I get phone calls --
CHAIRWOMAN HILLER: That's so unfair.
MR. CASALANGUIDA: It is unfair.
CHAIRWOMAN HILLER: That is wrong.
Leo, do something about that. That's abuse.
MR. CASALANGUIDA: But Ron Waldrop will call me any
time, you know, we'll meet and we'll go over projects that we're
dealing with.
But if he hadn't stepped up last year when Norman retired and the
division had kind of merged and I started spending more time on the
other side, things wouldn't have gotten done as well as they've gotten
done.
The rest of the management team, and most importantly, each
one of your staff members you should be proud of, because they are
putting in some significant effort and they are committed to that
customer service that you speak so highly of.
CHAIRWOMAN HILLER: That's wonderful.
And just to confirm, essentially what this will do, which is
basically creating five plan review and inspection job positions to
full-time positions and one -- adding one new full-time equivalent
position for Fund 113 -- and that's your IT person?
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER HILLER: -- will basically maintain that high
level of service that you are --
MR. CASALANGUIDA: And improve it.
CHAIRWOMAN HILLER: And improve it, which is a good
thing.
Commissioner Nance?
COMMISSIONER NANCE: Yes, Nick, I'm just doing the math
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April 9, 2013
in my head here, but the annual difference, and just for clarification
for everybody in the audience that might be watching, the difference
between the job bankers and the full-time equivalents are somewhere
between 20 and $25,000 for employee average. I know there's a big
difference, but basically that supports health insurance, life insurance
and contribution to the Florida retirement system; is that right?
MR. CASALANGUIDA: Right. Well, the health insurance --
the health insurance and the Florida retirement insurance is required
under that new Obama Care that's coming out. So it's roughly the
one-twelfth and some other things. Their equipment that they'll need.
Some of them they already have. But it's that 11 paid holidays, two
weeks vacation and the sick days that you don't get as a job banker. If
we're closed, they don't get paid.
COMMISSIONER NANCE: Well, that's going to allow you to
hire people that are looking for full-time employment and that are
more highly qualified people.
MR. OCHS: Yes, sir.
MR. CASALANGUIDA: That's the key.
COMMISSIONER NANCE: In addition, I would like you -- you
know, in our conversations yesterday you indicated to me that you're
going to maintain your tiered approach to adding personnel as the
economy grew out there, and you were going to maintain the job
bankers and the on-call employees. Because obviously, you know, as
we ramp back up where it's going to be in fits and spurts and that's
going to allow you to manage that.
So how many people -- what percentage of your work force do
you anticipate you're going to continue to maintain as job bankers and
on-call employees? What sort of a tier do you have there?
MR. CASALANGUIDA: Roughly 10 percent, sir.
And we're going to do something pretty innovative coming up.
We're going to work with our HR Department. What I've asked the
directors to do is identify single-serving position. You say, what do
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April 9, 2013
you call single-serving positions? But such as well permits. I think
there's an abundance of retired folks here that would like to work 10 to
20 hours a week. And if we can identify 10 to 20 or 30 positions of
what I'll call single serving, they do this, and we -- you can build your
schedule with us. If you want to work from 9:00 to 12:00 every day
of the week, and we're looking for a three to five-year commitment
because we're going to have to invest some time to train you, we're
going to try and do a job fair in Growth Management and try and fill
those positions.
Because I think -- when we talked to our staff, the feedback
Jamie and I get and the managers give me is these obligations and
distractions for these single-serving functions take them away from
their core work.
So that's an interesting proposal I think you're going to hear a
little about --
COMMISSIONER NANCE: You need to get Stan back on the
payroll here, because he obviously has too much time on his hands.
CHAIRWOMAN HILLER: Has too much time kayaking and
doing Velo. It's like --
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER NANCE: Well, I commend you on your
approach. I thought it was very innovative. Thanks a lot.
CHAIRWOMAN HILLER: I'd like to go ahead and make a
motion. We have public speakers. I would like to make a motion
ahead of the speakers and that is to approve shifting the five job
bankers to full-time equivalent positions. And that would be five plan
review and inspection job bankers for Fund 131, and one full-time
equivalent position to be created for one -- Fund 113, to provide IT
support in light of the way that the system has now moved to
electronic filing.
COMMISSIONER FIALA: And I'll second that motion.
MR. CASALANGUIDA: Ma'am, you're missing the --
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April 9, 2013
CHAIRWOMAN HILLER: Wait, I want to make a part two.
COMMISSIONER FIALA: Oh, okay.
CHAIRWOMAN HILLER: And part two of that motion is to
have staff do an analysis of revenues versus cost of support and bring
back a proposal to reduce fees proportionately.
MR. CASALANGUIDA: You missed the 113 folks.
MR. OCHS: There's a top line on that --
COMMISSIONER NANCE: Twelve of them.
COMMISSIONER HENNING: Twelve. 113.
COMMISSIONER HILLER: Oh, 12?
COMMISSIONER HENNING: Yeah.
MR. CASALANGUIDA: Total of 18.
COMMISSIONER HILLER: All right. I was referring to the
executive summary. My apologies.
So 12. Correct my motion.
And like I said, part two is to direct staff to bring back an
analysis to show the ratio of revenues to cost and adjust fees
downwards to the extent that it can be done.
COMMISSIONER HENNING: I'll second that motion.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER: Before I call for the vote, let's hear
from our public speakers.
CHAIRWOMAN HILLER: Your first public speaker is Kathy
Curatolo. She'll be followed by Ron Waldrop.
MS. CURATOLO: Good morning, Chair Hiller, Commissioners.
Thank you for the opportunity to speak with you this morning.
We work regularly with the Growth Management folks and
frankly we are quite pleased with the progress that we are making in
development also.
Critically important to that process is a culture in Growth
Management that supports these increases in development in building.
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April 9, 2013
So we are pleased to support changes from job bankers to full-time
positions, because it really solidifies the culture for consistency and
sustainability. I thank you for the opportunity.
I also have some letters of support that I would like to share with
you from our builder leaders who frankly were too busy to join us this
morning.
CHAIRWOMAN HILLER: So could you please read the names
of the builders and the companies that you're associated with? You
don't need to read the letters. Introducing them into the record would
be sufficient.
MS. CURATOLO: Neal Communities, Michael Greenberg,
Taylor Morrison, John Asher, Stock Development, Bob Imig.
CHAIRWOMAN HILLER: That's great. Thank you very much.
Kathy, would you please work with staff on analyzing the fee
structure? Because in light of what's being forecasted, it does appear
that there could be very realistically a justification for reducing the
fees in light of what Nick said could be the future reserves based on
the volume that we're anticipating. And be a part of that process.
MS. CURATOLO: We are happy to do so.
CHAIRWOMAN HILLER: Thank you.
MS. CURATOLO: Thank you.
MR. MILLER: Madam Chair, your final public speaker on this
item is Ron Waldrop.
MR. WALDROP: Good morning. Thank you, Commissioners,
for allowing me to come up here. I just wanted to voice my support for
the efforts that Nick and his group have gone through. I represent
Waldrop Engineering. We're a land development consulting firm with
civil engineering, planning and landscape architecture. So we have
seen a huge increase of activity over the last year and a half. We've
actually doubled our staff in that time frame and have been expanding
our offices. Our clients as well have started to hire additional people,
and so we work with the groups that just went on record and also with
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April 9, 2013
some other groups like Pulte and Kitson, and they're all in big support
of this.
They're all so busy that they all have to keep working away. And
I actually myself need to get back out of here soon.
But it was so important to come down to say that staff has done a
wonderful job, they've been great to work with. They're always there
to try to get the solutions that are in the best interest of the projects,
the public, and what we're trying to do. And so it's really been a great
full team effort.
And the one thing that's been hard coming out of this recession is
everybody's been depleted and we need those extra resources now,
because it's definitely there, we've seen it, we've already been going
through the first wave of it. And then all of our groups are continuing
to be successful. So we see the next wave is going to be coming also.
So we see this as being a very, very important effort. We want to
keep the staff, you know, because they're already working so hard and
you want to keep them happy and keep them in the group and then add
these other good people so that we can have a great team and continue
forward to make Collier County as great as it is and even better as we
go forward in the future.
CHAIRWOMAN HILLER: Could you stay for a moment?
Commissioner Fiala wants to make a comment.
COMMISSIONER FIALA: Just a fast question. It's kind of a
side note to this. But a lot of the construction workers left when we
went into the downturn. Is CBIA trying to do anything to recruit them
to come back or to recruit new construction workers down here?
MR. WALDROP: Well, I think it has been a difficult process
going through trying to find good talented people, because most the
people did leave the area.
I'll speak specifically for our company, we are looking for several
positions, and so we've posted out on the Internet sites and through
different vehicles, and we've actually been happy to find there are
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April 9, 2013
some good candidates that are out there that are looking to come back
to the area. We personally had several people that used to live in our
area had to move away to get positions and they ended up in
Louisiana and then they've come back to the area. We also had one
that was up in Gainesville that's from this area that has just recently
come back.
And so we're starting -- the word's starting to get out there,
people are starting to understand it and they're starting to work their
way back here. And I think as things improve -- I think those people
are ready to come, they just need to know that it's improved and that
things are going to work out.
COMMISSIONER FIALA: And maybe by the award you just
took, that will also be a vehicle for them --
CHAIRWOMAN HILLER: It will.
COMMISSIONER FIALA: -- to attract more.
CHAIRWOMAN HILLER: It will. And like I said, the
presentation will be made at the next Board meeting, and I'd
encourage you to, you know, let everybody know that we are
definitely the place to be.
MR. WALDROP: Exactly. I agree. And I thank you for your
time.
CHAIRWOMAN HILLER: Thank you.
I think before I call the vote, I just want to repeat that these
positions are self-funding because this is an enterprise fund. It is the
objective to reduce the fees to the extent possible, given the volume of
growth and what we know our costs to be.
So overall this is very positive because the hope is to, you know,
basically help the building industry regain its momentum and do it as
effectively and efficiently as possible.
And with that I'm going to call the vote. All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
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April 9, 2013
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Any opposed?
(No response.)
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. OCHS: Madam Chair, it's time for the court reporter's
break.
CHAIRWOMAN HILLER: Yes, it is the time for a break. We'll
take a 10-minute break. We'll be back at 10:45.
(Recess.)
CHAIRWOMAN HILLER: We're back in session.
County Manager?
Item #1 1 A
RECOMMENDATION TO AWARD BID #13-6040 "DORAL
CIRCLE WATER, WASTEWATER, AND STORMWATER
SYSTEM REPLACEMENT," IN THE AMOUNT OF $2,368,450
TO DENCO CONSTRUCTION INC., FOR REHABILITATION OF
POTABLE WATER, SANITARY SEWER, AND STORMWATER
MANAGEMENT SYSTEMS SERVING THE DORAL CIRCLE
SUBDIVISION, PROJECT NOS. 71010, 70046, 70043 AND 60125
— APPROVED
MR. OCHS: Yes, ma'am. We move to Item 11.A. It's a
recommendation to award Bid Number 13-6040, Doral Circle Water,
Wastewater and Stormwater System Replacement in the amount of
$2,368,450 to Denco Construction, Incorporated, the low bidder for
the rehabilitation of the potable water sanitary sewer and stormwater
management systems serving the Doral Circle subdivision.
Dr. Yilmaz is prepared to make a staff report or answer Board
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questions.
COMMISSIONER NANCE: I'll make a motion to approve.
COMMISSIONER FIALA: I'll second that.
CHAIRWOMAN HILLER: Is there any discussion?
(No response.)
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Any opposed?
(No response.)
CHAIRWOMAN HILLER: Motion carries unanimously.
COMMISSIONER FIALA: See what you get for giving such a
good presentation, George?
CHAIRWOMAN HILLER: But I have to say, George, trying to
get ayes and nays out of this Board is -- I swear, how many times?
Can you help me? Can you like tell them that they have to like say
aye, or yes or aye or whatever.
MR. OCHS: Saying nothing is optional, George.
COMMISSIONER FIALA: That's a smart move.
CHAIRWOMAN HILLER: The philosophy on this Board is
silence is consent, right?
COMMISSIONER FIALA: By the way, just as a side note on
this, when we did their -- our speech to their annual homeowners
association, and the whole team was out there and so I was able to get
firsthand how they felt about all of that. So that was why it was very
easy for me.
I was wishing I could make the motion, being in my district, but I
wasn't able to do that, but at least I could second it. Thank you.
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April 9, 2013
MR. OCHS: Very good. Thank you --
COMMISSIONER HENNING: Madam Chair, in the future can
we get how many residents and businesses this is going to serve?
MR. OCHS: Certainly.
COMMISSIONER HENNING: You know, we know that this is
one of many rehabs that we're doing.
MR. OCHS: Yes, sir.
COMMISSIONER HENNING: Thank you.
CHAIRWOMAN HILLER: Absolutely. That's a very good
suggestion, Commissioner Henning.
COMMISSIONER HENNING: Then we can break it down for
cost.
MR. OCHS: Absolutely.
CHAIRWOMAN HILLER: No, it's very smart. I agree. That
really shows what benefit is being provided by the investment. And
it's important that the community sees what the return is.
MR. OCHS: Will do. Thank you.
CHAIRWOMAN HILLER: Next item?
Item #11B
RECOMMENDATION TO DIRECT STAFF TO ADVERTISE
AND BRING THE BOARD A PROPOSED ORDINANCE
PROVIDING AN ADDITIONAL HOMESTEAD EXEMPTION
FOR CERTAIN QUALIFYING SENIOR CITIZENS PURSUANT
TO PASSAGE OF FLORIDA CONSTITUTIONAL AMENDMENT
11 ON NOVEMBER 6, 2012 — APPROVED
MR. OCHS: 11.B is a recommendation to direct staff to
advertise and bring to the Board a proposed ordinance providing for
an additional homestead exemption for certain qualifying senior
citizens pursuant to passage of Florida Constitutional Amendment 11
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on November 6th, 2012.
Mr. Isackson is prepared to make a presentation or respond to
Board questions.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
MR. ISACKSON: Thank you, Commissioners.
CHAIRWOMAN HILLER: Okay, at least someone gets it.
Thank you.
COMMISSIONER COYLE: No.
CHAIRWOMAN HILLER: Are you really voting no?
COMMISSIONER COYLE: No.
CHAIRWOMAN HILLER: Don't confuse me.
COMMISSIONER COYLE: You just wanted to hear no from
time to time, so I was trying to keep you happy.
CHAIRWOMAN HILLER: All right, motion carries
unanimously.
MR. OCHS: Thank you, ma'am.
Item #11C
RECOMMENDATION TO APPROVE THE POSITION
DESCRIPTION, SALARY RANGE AND EMPLOYMENT
AGREEMENT FOR THE COLLIER COUNTY HEARING
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April 9, 2013
EXAMINER — APPROVED
Takes us to Item 11.C. It is a recommendation to approve the
position description, salary range and employment agreement for the
Collier County Hearing Examiner.
Ms. Len Price will present.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER FIALA: Second.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: I have two seconds. Who's going to
take the second?
COMMISSIONER NANCE: Commissioner Fiala.
CHAIRWOMAN HILLER: Okay, Commissioner Fiala.
Commissioner Fiala wanted to --
COMMISSIONER FIALA: Just a fast question.
On the other -- the six items down there, a couple of them I think
we need a clearer definition. Like, for instance, what does minor
conditional use mean?
CHAIRWOMAN HILLER: And you're absolutely right. And
that actually is going to be addressed by the County Attorney in the
rules and regulations which will come back which will define what
minor is.
And what was the other definitional -- there was the word minor
and --
MR. KLATZKOW: The other issue is the recusal of the --
CHAIRWOMAN HILLER: No, another definitional issue.
There was one more definition that --
COMMISSIONER FIALA: Wasn't it variances?
CHAIRWOMAN HILLER: No, but minor definitely will be --
COMMISSIONER FIALA: Good.
CHAIRWOMAN HILLER: -- defined.
COMMISSIONER FIALA: And I just wanted to put that on the
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record. I knew that already because I already spoke to staff about that,
but I feel that all out in the public ought to know also that we're going
to be coming back with definitive meanings for these things.
CHAIRWOMAN HILLER: Yeah. There will be definitions --
for anything that requires a definition, there will be a definitional
section to the rules and regulations governing that office.
Commissioner Nance?
COMMISSIONER NANCE: Yes, I believe Commissioner
Coyle was first. No?
COMMISSIONER COYLE: No, I was last.
COMMISSIONER NANCE: All right, sir.
I just wanted to say one thing. I like where we are so far. I think
perhaps in either section four, which is conduct in meetings, or section
five, powers and duties, wherever it fits in the best, I think we should
make a statement memorializing the public process. We should
include the development of a public process and participation for
stakeholders and citizens, to make sure that they have an opportunity
to work with the hearing officer to maintain the transparency that we
try to put in each one of our administrative changes that we've been
making recently. Whichever -- you know, whichever is an appropriate
place to insert that. Just to make sure -- I've received some comments
on that and they've all been good, but they've also mentioned that they
want to make sure that there is a public process or a time for people to
meet with the hearing examiner.
MR. KLATZKOW: And you want that in the job description?
COMMISSIONER NANCE: Well, I don't know whether it
should properly be under powers and duties or whether it should just
be stated under -- perhaps maybe Section 4, Conduct of Meetings,
Reports and Records. Because you've got Rules of Procedure in there.
CHAIRWOMAN HILLER: And I think the point there -- but
Jeff, correct me if I'm mistaken, we don't have ex parte issues with
respect to this hearing position, or are there?
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MR. KLATZKOW: No, the -- my understanding is the direction
that we're taking, this is more of a facilitator.
CHAIRWOMAN HILLER: Right, exactly.
MR. KLATZKOW: So that there won't be -- ex parte is a wrong
word. There will be discussions --
CHAIRWOMAN HILLER: Right.
MR. KLATZKOW: -- between the hearing examiner, staff and
the applicant, in an effort to get these things quickly moved through
the system.
CHAIRWOMAN HILLER: So does something like what
Commissioner Nance is saying, would that be more appropriately
addressed in the Rules and Regulations?
MR. KLATZKOW: I think that's a very good place to put it.
MR. OCHS: I concur, Madam Chair. And Commissioner, if that
works for you --
COMMISSIONER NANCE: Whatever everybody is
comfortable with. I just thought just a statement of support for public
participation would be wonderful.
CHAIRWOMAN HILLER: I agree.
COMMISSIONER FIALA: I also got that input.
CHAIRWOMAN HILLER: Yeah. And I don't think that's a bad
suggestion, because that is what we want. But I think there needs to
be clarification that this position is not akin to for example what Lee
County does. It's not a similar type position.
MR. KLATZKOW: Agreed.
CHAIRWOMAN HILLER: So that's the distinction. Which is
why I think the Rules and Regulations is more appropriate.
Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I'd just like to get the County
Attorney on record as to why you do not think it is necessary to have a
lawyer fill this position.
MR. KLATZKOW: Because this position at the end of the day
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isn't designed to be a quasi judicial hearing. The position, as I
understand the direction of the Board, is you want somebody who will
be working with the applicant, to be working with staff to be able to
facilitate applications to reduce the time that's required to get these
applications processed, to break headway.
Often the complaints I hear from developers is that they'll get
into an impasse with staff and we don't really have a mechanism to
break that impasse. And months and months can go by without
anything happening. And there's a frustration level by both the
developer who believes staff is not responding; the staff who believes
the developer is not submitting proper applications.
And one of the advantages of setting it up this way would be to
have your hearing examiner, somebody who is well versed in your
land use regulations, to sit down with both and try to in essence find
middle ground to get these things through.
If what you want is a true hearing examiner where you're having
a quasi judicial, then we need to go back to square one and reset that
to more of the Lee County mechanism where you'll be having an
adversarial process. That's not the process we've developed here. And
that's why I do not think you need someone who's a land use lawyer
doing this. Although a land use lawyer could do this and could do this
well, I think first and foremost you need somebody who's familiar
with our staff, familiar with the development community and very
familiar with the code.
CHAIRWOMAN HILLER: And if I may ask a question based
on what Commissioner Coyle is raising, for example, when staff gives
official interpretations, those official interpretations of the code are not
being drafted by attorneys, they're being drafted by planners.
MR. KLATZKOW: Yes.
CHAIRWOMAN HILLER: So it would be analogous to that.
Well, not necessarily. Analogous is not necessarily the right word, but
that's just another example of where an interpretation of the code or an
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application of the code is being made by a non-lawyer.
MR. KLATZKOW: Well, your LDC is set up for your Planning
Director to do all interpretations.
CHAIRWOMAN HILLER: Right.
MR. KLATZKOW: If you want somebody else to do the
interpretations, it's a policy decision by the Board, we can look at that.
But that's the mechanism right now.
CHAIRWOMAN HILLER: But the hearing examiner is similar
in that the hearing examiner is going to be making interpretations of
the code as it applies to a petitioner for example on a very minor
variance.
MR. KLATZKOW: Yes, but not an official interpretation. But
your Planning Commission does this all the time where they look at
the code and they look at the application and they apply it. You do
this all the time when you have your proceedings.
CHAIRWOMAN HILLER: Right. Okay. I just wanted to
clarify that. Thank you.
Do we have any public speakers? I don't see the light on, but I
just wanted to confirm.
There being no further discussion, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Any opposed?
COMMISSIONER COYLE: Aye.
CHAIRWOMAN HILLER: Motion carries 4-1 with
Commissioner Coyle dissenting.
And this by the way is just another step to further promote
efficiencies in the administration of the growth management division
and the process that it undertakes.
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April 9, 2013
Item #1 l E
RECOMMENDATION TO ACCEPT A PRIORITY LISTING,
INSTALLATION SCHEDULE AND PROJECT BUDGET FOR
EMERGENCY VEHICLE PRE-EMPTION AND CONFIRMATION
BEACONS ON THE COLLIER COUNTY TRAFFIC SIGNAL
SYSTEM — APPROVED
MR. OCHS: Thank you, Commissioners. That takes us to Item
11.E. It is a recommendation to accept a priority listing, installation
schedule and project budget for emergency vehicle preemption and
confirmation beacons on the Collier County traffic signal system.
And Mr. Casalanguida will present.
CHAIRWOMAN HILLER: Thank you.
MR. CASALANGUIDA: Good morning, Commissioners. You
asked us to come back with a schedule. We've got a three-year
program here at about $400,000 a year. I wouldn't recommend doing
it in one year. I said to staff it would be three to five.
I think right now it's going to come out of Project 60016, which
is your intersection capacity and safety enhancement funds, budgeted
between 1.5 and $2 million. Those are your Whippoorwill
improvements, sometimes, turn lanes. So I think -- and mast arm
conversions from strain poles.
So I think based on that I think we can accomplish this in three
years. With some cooperation from the city, we can get them to do
some of the city signals too.
And with that, I'll take any questions that you have.
CHAIRWOMAN HILLER: The key, as was mentioned when I
brought this item forward, is to make sure that when you prioritize the
installation that you prioritize it based on the most frequently used
routes by our EMS responders so that, you know, they have priority
access down those routes so the traffic can clear.
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MR. CASALANGUIDA: We did that, ma'am.
CHAIRWOMAN HILLER: Right. And I just want to
emphasize that that is most important in laying out the time table.
Thank you so much for handling this so expeditiously. This is all
about saving lives and this is just another step in our county's
commitment to improving our level of service with respect to
emergency services.
MR. CASALANGUIDA: Thank you, ma'am.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Nick, are you under the
assumption that these contracts are still valid?
MR. CASALANGUIDA: I believe I am, sir. This was put
together by our group. And if they're not, then that's something we'll
deal with.
COMMISSIONER HENNING: Well, according to contract, the
contract shall be for one year commencing November 9th, 2012 and
terminating on November 8th, 2011.
CHAIRWOMAN HILLER: 2013.
MR. CASALANGUIDA: '13.
COMMISSIONER HENNING: Pardon me?
CHAIRWOMAN HILLER: 2013?
COMMISSIONER HENNING: No, it's a one-year --
COMMISSIONER FIALA: How can it start at 2012 and end at
2011?
COMMISSIONER HENNING: No, I'm sorry, 2010. November
9th, 2010. I apologize. And ending November 8th, 2011.
CHAIRWOMAN HILLER: County Attorney, did you review all
these contracts? Did you review this executive summary for purposes
of--
MR. KLATZKOW: Yeah, we do. There's three one-year
renewals, renewable annually. The assumption was these were
properly renewed.
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April 9, 2013
COMMISSIONER HENNING: Okay. They were?
MR. CASALANGUIDA: Yes, sir.
CHAIRWOMAN HILLER: Can you just verify that, County
Attorney?
MR. KLATZKOW: We will verify that, yes.
CHAIRWOMAN HILLER: And then bring that back to the
Board if there is any problem --
MR. KLATZKOW: The Clerk won't pay if the contracts are
expired. But we will --
CHAIRWOMAN HILLER: And that's why -- Commissioner
Henning's --
MR. KLATZKOW: Commissioner Henning raises a good point.
We will --
CHAIRWOMAN HILLER: He raises an excellent point.
MR. KLATZKOW: -- we will double check that, yes.
CHAIRWOMAN HILLER: So if you can confirm that and let us
know. Or quite frankly, if there is no problem, don't let us know. If
there is a problem, obviously bring it back. Let's do it by exception.
MR. KLATZKOW: Yes, ma'am.
CHAIRWOMAN HILLER: Crystal, was there something you
wanted to add to that?
MS. KINZEL: No, Commissioner, but we'll also double check it.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER HENNING: Yeah, I don't want to get into
that again.
So I'll make a motion to approve recommendation on this item.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Thank you.
Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I just have a question,
clarification. We're going to be spending 250 to $500,000 just on the
confirmation beacon alone. I'm struggling to find out what the safety
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component of the installation of a confirmation beacon really is.
MR. CASALANGUIDA: Sure.
COMMISSIONER COYLE: The preemption is certainly a really
good thing to do. But we have trouble getting people to understand
what a yellow light and a red light means. What does the
confirmation beacon mean to anyone that is a safety improvement?
MR. CASALANGUIDA: Sure, I can elaborate on that, sir.
On the approach when it's activated, you get a steady white light.
So if you're the fire truck approaching that intersection, on the other
three sides on a four-legged intersection, it's a flashing white line.
What it does is it kind of alerts the driver, hey, something's going on.
But more importantly it tells the ambulance coming from another
approach, you've already been preempted on another side.
So we've got that regularly between the different stations and the
different responders. So at an intersection you may have two vehicles
approaching them. Only one of them gets that preemption. So if I'm
heading northbound on say Airport and I trigger the beacon and the
preemption, I'll get the green light with a steady white light, which
means I've got the go. I get to go forward through that intersection.
On the side street it will trigger the red lights and it will flash
white at you. So the driver kind of goes okay, it's -- that beacon will
flash.
COMMISSIONER COYLE: Tell me where the beacon is
located. Here's what's causing me some difficulty.
MR. CASALANGUIDA: Sure.
COMMISSIONER COYLE: We have white lights now at some
intersections that are used for traffic enforcement to tell an observing
police officer or sheriffs deputy whether a light has turned red.
MR. CASALANGUIDA: And that's a bulb and it's a blue light.
COMMISSIONER COYLE: Okay.
MR. CASALANGUIDA: And this is almost like a spotlight in a
sense that when you come on, you hit the button in your, say, fire
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truck, you'll get a steady white light. The white light will come on and
it will face you.
COMMISSIONER COYLE: Is it a strobe type light? Is it --
MR. CASALANGUIDA: On the side streets it will strobe. It
will flash. So when you're driving a car and it quickly turns to red,
yellow to red, because you still get the safety time to stop.
COMMISSIONER COYLE: You have lights on every street that
enters the intersection, or do you have a single light in the intersection
that just flashes bright?
MR. CASALANGUIDA: One on every street. So every mast
arm, every mast arm -- and that's not the expense of it. Roughly the
cost is $900 per beacon. But what it does is it does alert the driver. I
could bring up the Michigan study, I don't have it with me, but they've
done several studies in states that says it is -- it gets the driver really
aware of what's going on. And when you've got, I'm going to say, an
urban area six by six arterials crossing --
COMMISSIONER COYLE: The guy who wrote that report has
never been to Collier County --
MR. CASALANGUIDA: That's true.
COMMISSIONER COYLE: -- okay?
MR. CASALANGUIDA: Sir, you're right.
COMMISSIONER COYLE: All right. But anyway, okay, that's
helpful. Appreciate the explanation.
MR. CASALANGUIDA: You're welcome, sir.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Nick, it looks like this is going
to pass with no problem. Are you going to then write up very clear
instructions so the drivers know what they're looking at? We kept --
for a couple of years we kept getting questions about the blue lights.
MR. CASALANGUIDA: Right.
COMMISSIONER FIALA: And, you know, you'd answer it but
then you'd get more questions via email. So if you can write up clear
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-- I mean, I don't know if I can give that direction or not, but if you
would write up clear directions as to what they mean and what the
responsibility is of the drivers. Not only that, but then send it to the
Naples Daily News so you get everybody notified.
And then if you would also put it on our television, the
government channel. I realize a lot of people don't get the government
channel, but at least --
CHAIRWOMAN HILLER: And the website. The website.
COMMISSIONER FIALA: That's where I was going next.
And then finally after that, if you would send me a copy of that,
and I'll send it out to my community list. And if anybody else has
community lists, they might want to do that too. So we have a way of
reaching everybody. Still not everybody is going to get that, but at
least we're reaching out and trying to let people know what they mean.
MR. CASALANGUIDA: I think we have the property owners
association meeting we do every year, we'll make that a subject. I'll
work with Troy's office, maybe put a quick five-minute, you know,
Collier TV spot. But we'll do a media blitz to let people know, hey, if
this is flashing, this is what's going on, this is what you need to be
aware of in Collier County.
CHAIRWOMAN HILLER: If you could actually update the
county's website already for what the blue lights are all about?
Because I get the same questions, everybody wants to know what they
are and everyone has a different interpretation that they're sure is
correct. So it would eliminate any ambiguity with respect to that and --
MR. CASALANGUIDA: Very good.
CHAIRWOMAN HILLER: -- and would clarify it for the
benefit of the public.
COMMISSIONER FIALA: They're going to have a lot of things
to look at at these intersections.
COMMISSIONER NANCE: That would be K-Mart.
CHAIRWOMAN HILLER: That's for anyone who doesn't sleep
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at night and wants some entertaining reading, go to
CollierCounty.com and you could expend many sleepless nights --
MR. CASALANGUIDA: You could.
CHAIRWOMAN HILLER: -- enjoying yourself.
COMMISSIONER COYLE: You should expand that
explanation and include a traffic signal there and label it so that people
understand a red light means stop, a yellow light means don't enter the
intersection, it's about to change, and a green light means you go.
MR. CASALANGUIDA: My 16-year-old daughter, about to be
16, asked me if I would help her pass her learner's permit test on line.
I said no, that would be unethical, you need to understand what the
requirements are. And she said dad, I'll work on that, I'll learn on the
road, and I said no, honey, that's not the way it works.
CHAIRWOMAN HILLER: That's really funny. From the mouth
of babes. That's really great.
Well, thank you again for doing this. It really is a great asset to
our emergency response team. Thanks.
Any further discussion?
(No response.)
CHAIRWOMAN HILLER: There being no further discussion --
thank you for reminding me -- all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Any opposed?
(No response.)
CHAIRWOMAN HILLER: Motion carries unanimously, even
though Commissioner Coyle said nothing. I'm guessing.
COMMISSIONER COYLE: No, I did.
CHAIRWOMAN HILLER: Did you?
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COMMISSIONER FIALA: Yes, I heard him.
COMMISSIONER COYLE: You just don't listen to me, that's
the problem.
CHAIRWOMAN HILLER: I always listen to you.
Item #12A
RECOMMENDATION TO APPROVE AND AUTHORIZE THE
CHAIRWOMAN TO EXECUTE A SETTLEMENT AGREEMENT
AND RELEASE IN THE LAWSUIT ENTITLED JOHN E.
CHANDLER V. COLLIER COUNTY, FILED IN TWENTIETH
JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,
FLORIDA (CASE NO. 13-644-CA) FOR THE SUM OF $1,474.50 —
APPROVED
MR. OCHS: Moving right along, Commissioners. Item 12,
County Attorney's Report. Item 12.A was previously 16.K.3. It's a
recommendation to approve and authorize the Chairwoman to execute
a settlement agreement and release in the lawsuit entitled John E.
Chandler v. Collier County, filed in the Twentieth Judicial Circuit in
and for Collier County, Florida, for the sum of$1,474.50. This item
was brought forward at Commissioner Coyle's request.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: Yeah, this is a very minor item. I
brought it forward just because I don't like what I believe is unethical
behavior on behalf of someone who's trying to make some money off
the taxpayers. There's an easy way to solve these problems where this
person goes around and asks questions about public records and then
hopes that somebody violates a law so he can file a lawsuit.
The real easy way is to notify the governing agency and ask that
they take corrective action. But this guy, as I understand it, is -- this is
his livelihood. He just travels around, tries to initiate lawsuits so he
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can get paid money. And I find it very distasteful.
Is there anything we can do about it?
MR. KLATZKOW: My recommendation would be that we
would reach out to our legislative delegation and close what I view as
a loophole in the public records law, so that at the very least he'd have
to make a request on the public records officer before he could do
something like this.
I will tell you though that we were in shock because we called
the State Attorney General on this looking for support and they
actually support this guy. So that shows you what I know. But --
COMMISSIONER COYLE: Well, the problem here is that he's
stealing money from the taxpayers.
MR. KLATZKOW: I agree.
COMMISSIONER COYLE: He's not punishing government,
he's not punishing the employee who failed to process his request
correctly, he's taking money from taxpayers. And he knows that.
COMMISSIONER FIALA: He probably doesn't even have to
pay taxes on it.
COMMISSIONER COYLE: So that's what is repugnant to me.
We do need to correct any errors that occur, but there's a process for
doing that that doesn't require the taxpayers to pay money to some
transient lawyer who wants to --
MR. KLATZKOW: He's not even a lawyer.
COMMISSIONER COYLE: Oh, he's not?
MR. KLATZKOW: No, he's just -- this is -- we all find a niche
in life, I guess. But my recommendation would be a legislative fix.
It's a state-wide issue.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER COYLE: Well, if they would classify this as
a capital offense, I would very much support it.
COMMISSIONER HENNING: This settlement is $1,400?
MR. KLATZKOW: Yes, sir.
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April 9, 2013
COMMISSIONER HENNING: So how's this guy getting rich?
MR. KLATZKOW: Because he files complaint after complaint
after complaint.
CHAIRWOMAN HILLER: Oh, he's --
COMMISSIONER COYLE: He travels around every place in
Florida.
CHAIRWOMAN HILLER: So far a million bucks.
MR. KLATZKOW: He does like 20 a month is my
understanding.
COMMISSIONER HENNING: Okay. What is wrong with the
employees being trained on the Sunshine Law?
MR. KLATZKOW: They were trained, but what happens,
Commissioner, if he has 10 people, he'll get nine right responses and
the tenth person will just be frazzled that day and just give an answer
they shouldn't give.
COMMISSIONER HENNING: Well, I've done public records
requests of agencies, and I find that quite a few of them have it wrong.
And I think it's up to the department heads to train their employees on
the Sunshine Law. Plain and simple.
MR. KLATZKOW: This person was trained and this person
admitted they were trained and did it anyway. I don't know what to
tell you.
COMMISSIONER HENNING: Okay. I mean, I've had
arguments with agencies, not county agencies but other agencies on
the Sunshine Law public records, and, you know, they still want my
name, they still want my phone number. And they don't get it. So it's
up to government to -- this law is made for government to follow, and
it's up to government to enact. And it quite honestly has failed.
Now, the million dollars, I mean, I read the article, a lot went to
attorneys fees. That's actually what the article said.
You're going to have watchdogs, I don't care what the issue is, for
government. And this guy is heck bent on public records.
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So let's try to do it right. That's my suggestion.
But with that, I'll make a motion to approve the settle.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yeah, I have a question. This man
can go in and according to public records he does not have to declare
who he is or sign anything, he could just ask for this. And yet we
have enacted a new provision in our code enforcement law that says
nobody can report anything anonymously, they must state their name
or they can't state anything anonymously.
And I'm wondering, does that follow the same rule?
MS. GREENE: Commissioner Fiala, in my opinion that's
distinctive. This is Colleen Greene, Assistant County Attorney.
In my opinion that's very different because the public records law
is very specific as to what you may and may not ask a person
requesting a public record. So the government, the state, has ruled on
that area and we're required to follow that.
CHAIRWOMAN HILLER: There being no further discussion,
we have a motion. Do we have a second?
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Any discussion on that?
(No response.)
CHAIRWOMAN HILLER: Okay, there being no further
discussion, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Yea.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Any opposed?
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Motion carries 4-1 with
Commissioner Fiala dissenting.
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MR. OCHS: Madam Chair, that will take you to Item 14.A.1 --
CHAIRWOMAN HILLER: Hang on a second. I want to find
out, does the court reporter need a copy of-- let's introduce this into --
I'm going to go ahead. Can someone please come up?
We have the Clerk coming before us at 11 :30 time certain. And I
don't -- yeah, do you have that? Okay, great. Thanks. I just want to
make sure that that article was introduced on the record.
So I think what we should do is I don't want to start another
agenda item and then have the Clerk -- what time is the --
MS. KINZEL: Commissioner, let me try to get someone down
here now.
COMMISSIONER HENNING: He can wait.
CHAIRWOMAN HILLER: The Clerk can wait?
COMMISSIONER HENNING: Sure. I mean, you're talking
about one constitutional officer versus another constitutional officer.
MS. KINZEL: Your preference, Commissioner. We can either
wait or Megan is here right now.
CHAIRWOMAN HILLER: What other --
MR. OCHS: Well, it's advertised for 11 :30. I'm not sure we can
-- time certain, can we go sooner than that, Jeff?
MR. KLATZKOW: No. Because you may have people from the
public who might want to comment on it who aren't here yet.
CHAIRWOMAN HILLER: Well, we have 10 minutes. Why
don't we just take another 10-minute break and then we'll come back.
Because there's no point to start something and have it interrupted if
the Clerk is --
COMMISSIONER FIALA: You know, I had mentioned at the
last meeting, I thought it might be a good idea for the Clerk to do his
time certains towards the end of the day so we could get through some
of the agenda.
COMMISSIONER HENNING: Why don't we do
communications?
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CHAIRWOMAN HILLER: Yeah, that's fine. We could -- I
mean, if you'd rather not take a break, we can -- I think we should just
go ahead and take a break for 10 minutes. It's not a big deal. And
then we'll be back at 11:30 and the Clerk will start at that point.
(Recess.)
(Commissioner Coyle is absent from dais.)
MR. OCHS: Madam Chair, you have a live mic.
This takes us to your 11:30 time certain hearing.
CHAIRWOMAN HILLER: I was almost thinking that this was
really a percussion instrument. But I was quickly reminded by myself
that it wasn't.
Go ahead.
Item #13A
PRESENTATION BY THE CLERK OF THE CIRCUIT COURT'S
OFFICE REGARDING AUDIT REPORT 2013-1 PARKS AND
RECREATION FREEDOM PARK CASH REVIEW — MOTION TO
ACCEPT THE PRESENTATION AND DIRECTING STAFF TO
REVIEW AND RESPOND TO FINDINGS AND REQUEST THE
CLERK'S OFFICE BRING BACK AN AUDIT SUMMARY
NOTING CORRECTIVE ACTIONS TAKEN — APPROVED
MR. OCHS: This is Item 13.A. It's a presentation by the staff of
the Clerk of the Circuit Court's office regarding Audit Report 2013-1
Parks and Recreation Freedom Park cash review.
MS. GAILLARD: Megan Gaillard for the record, Clerk's
internal auditor.
We completed an audit for all county locations at the end of
fiscal year 2011. We completed a follow-up for Freedom Park in
December of 2012. Freedom Park is one of the smaller Parks and
Recreation locations in the point of sale system. Through about a year
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and three months they've taken in approximately $18,000 through the
point of sale system. So while they're a smaller location, the issues
and concerns at the location are throughout all Parks and Recreation
locations; it's not limited to findings for just here. So it's an overall
thing that needs to be resolved.
This is a picture, just so everybody can see what the Freedom
Park gift shop looks like. It shows the different materials that -- items
and merchandise that they sell.
CHAIRWOMAN HILLER: Very attractive.
MS. GAILLARD: For the audit we looked at whether the funds
existed, whether they had proper internal controls, whether the
information on file was reliable, and whether the custodians and
sub-custodians were following county policies and procedures.
We had 14 findings for the location. The first finding is that a
fund had been split from one location to multiple locations without
proper authorization and without management oversight.
When we went through the process, the department couldn't
answer where the funds had come from. We found them through our
unannounced audits of the entire county locations.
The first check that had been issued went stale. Finance
questioned it. They voided the check and reissued a new check. And
then the new check had been destroyed.
The funds were transferred from North Collier Regional Park's
pool concessions fund to Freedom Park so that they had money to
operate.
After the audit they came back and did the appropriate paperwork
to correct the issues.
The second finding was the imprest fund forms which provide
the information for the director, sub-custodians and authorized
individuals, and the locations hadn't been updated as changes
occurred.
In 2011, the sub-custodian said three to four volunteers who were
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unauthorized had access to the funds.
In 2012 when we reviewed the class reports, three county
employees had access to the funds that weren't listed on the forms,
after Parks and Recreation had implemented a new position to do a
quarterly monitoring of all their funds. So it doesn't appear that that's
working.
The annual confirmation forms weren't received by finance for
fiscal year 2010 and in '11 and '12 they were received late.
The fourth finding is that funds were not properly secured. When
we went there they had two donation jars sitting in the middle of the
facility. Unsecured, unlocked. Kind of like a pretzel jar. Those funds
weren't run through the class system, so there was no record and were
for two different projects, one for a scholarship fund through Parks
and then one, donations received for Freedom Memorial.
The donation jars since, they were removed about two weeks
before our follow-up visit. But the funds should have been as the
donations were taken run through the point of sales system.
The fifth finding is that manual keys have been used. After we
visited there in 2011, the manual keys were taken away and put in the
safe and secured.
In 2012 when we went back, we found out that everybody that
had access to the change fund had access to the safe. So by putting
the manual key in the safe it didn't accomplish anything because the
same people still had access.
When we went there in 2011, a manual cash register was being
used instead of the point of sales system, so no records were running
through the system appropriately and receipts hadn't been issued.
There were two checks that had no -- they were unreceipted and
unendorsed; one in one of the donation jars and one in a bag. The
sub-custodian was not securing the funds in the cash register. They
were taking the funds and putting them in a bag in the office unlocked.
The cash register drawer in 2011 was left ajar so that it would make
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operations easier.
When we went there in 2011 the change drawer didn't balance.
Receipts hadn't been properly issued.
In 2012 the no sale function was used improperly. When it
documented our visit it documented the wrong item, and hadn't been
used to open and close the location.
In 2012 we did additional follow-up review for the class system
and detected that 14 percent of all transactions were considered item
not founds.
We went to the Board IT Department and the item not found key
is similar to a transaction key. There's no way to type in a description
or create a prompt because it's an inventory item. There were no
tracking logs and no records for the 14 percent of item not founds their
inventory concerns for the location (sic).
The deposits haven't been made in accordance with the policies.
Block deposits have been completed where multiple deposits were
completed on the same day. And staff wasn't complying with the
department's policy.
The sub-custodian indicated, when we asked questions, that they
hadn't been properly trained for taking credit cards and were unaware
of the requirements.
And because of all the different issues, there's a lack of an audit
trail. Class daily reports were unable to be provided when we were
there in 2011 because the sub-custodian did not know how to use the
system. So there was no way for us to balance to a report.
They haven't maintained records for donations, and receipts
haven't always been issued.
As a result of the circumvention of the class system, the manual
cash registers handwritten receipts that weren't through the system, the
records haven't been properly maintained and there's a lack of an audit
trail.
Our overall recommendations -- before I go forward, we have
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additional slides, about the next 14, to further explain the items I've
just reviewed with you for additional support, but I'm not going to
walk through them again.
Our overall recommendation for the county is that the funds
should be accounted for by county staff. Florida Statute Policies and
Procedures should all be followed and complied with. The inventory
should be monitored, and tracking mechanisms should be
implemented. If an item not found key is used at the time of the
changes, forms should be updated. And additional training should be
provided for the people involved in the process.
For the Freedom Park location, we noticed that there was an
overall lack of internal controls and many weaknesses; that the
quarterly reviews from the person that was hired to monitor the
process every three months is not working. And these indicators are
all indicators for the entire department.
Even though this is a smaller cash revenue location, it needs to be
viewed strongly across the entire location and department.
The overall cash conclusions for overall cash and cash reviews,
not just limited to this location, is that multiple locations have been
reviewed in Parks, and multiple locations have had issues. We've not
found one without a violation at this point.
The procedures seem to be in place, but they're not being
followed. It doesn't seem they need new policies, the ones they have
should be adequate if they're adhered to. There's a lack of enforced
compliance for the procedural controls. Until you hold your
employees accountable, this can't be corrected.
Hiring additional employees is not going to help this, because the
employees at the lower level aren't being held accountable for the
mistakes that they're making, so the potential for fraud, waste and
abuse are currently present and are going to continue to be present
until accountability is put into place.
CHAIRWOMAN HILLER: Thank you very much, Megan. You
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did an excellent job and a very thorough job in evaluating the
problems.
Leo, would you like to respond?
MR. OCHS: Commissioner, I'm going to ask Mr. Carnell to
come up and help with the response. He's been working with the
internal audit on this initially in 2011 and then again in 2012. He and
Mr. Williams can give you a little staff response.
MR. CARNELL: For the record, Steve Carnell, Interim Public
Services Administrator.
I'm going to ask Barry just to briefly address some of the key
points in terms of where we are in terms of Freedom Park operations.
We've taken a number of actions to try to correct the problems that
were identified in 2011 and 2012 and think that we've made some
pretty significant progress.
And Barry, can you --
MR. WILLIAMS: Sure. Good morning. Barry Williams, Parks
and Recreation Director.
I guess first of all let me thank the internal auditor. I appreciate
the review that they've done and we've enjoyed working with Megan,
certainly through her interactions with our staff. I'll tell you --
CHAIRWOMAN HILLER: That is the first time I've ever heard
anyone say how much they've enjoyed working with their auditor, but
yeah, we'll take that as it's given. That's very nice.
Congratulations, Megan, you're special.
MR. WILLIAMS: Let me try to be sincere here.
CHAIRWOMAN HILLER: I know you are. I can tell.
MR. WILLIAMS: I do feel that internal audit is an important
part of our business. I think that --
CHAIRWOMAN HILLER: It is.
MR. WILLIAMS: -- where we have internal audits and when we
go through our processes and we look at what is working, what's not, I
think it's a fair process.
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CHAIRWOMAN HILLER: Oh, absolutely. And I really
appreciate you saying that, because you see the real benefit of and
audit, which is to help you.
MR. WILLIAMS: Correct.
I would tell you, it is difficult -- and I had a conversation with
Megan prior to this. You know, when this information is presented
kind of as a surprise -- and I understand the Clerk's point of view is
that it can't become public record until at this point -- it is a challenge
to be able to take some of the comments that have been made and to
respond, you know, as accurately as I'd like.
I did want to try to address some of this, though, if I could.
CHAIRWOMAN HILLER: I don't mean to interrupt you but I
just want to clarify. It was my understanding, and correct me if I'm
mistaken in appreciating the process that you go through, and that is
that internal audit does communicate its findings with management
and gives management the opportunity to respond before it comes to
the Board?
MS. GAILLARD: When we do the process, we issue the draft
report to the department for their management response, and if they
have anything that they feel needs corrected, revised or additional
review. And then if-- we review it and then we'll respond if
something hasn't been adequately addressed.
So everything in the presentation, with the exception of second to
last slide, the one before the thank you, was seen by the department.
CHAIRWOMAN HILLER: Okay. So Barry, it does appear that
staff is given the opportunity to have all this information before it
comes before the Board.
MR. WILLIAMS: No, I disagree.
CHAIRWOMAN HILLER: Okay.
MR. WILLIAMS: And I'm looking at the general cash audit
conclusions that are found. This is the first time I've heard these.
And specifically, I would tell you, hiring additional employees to
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complete post-audit does not solve the issues, until employees are held
accountable this cannot be correct, the audit shows a lack of enforced
compliance for procedural controls, none of that's found in the audit
that I --
CHAIRWOMAN HILLER: Megan, could you stand at the other
podium?
MR. WILLIAMS: But if I could, let me just --
CHAIRWOMAN HILLER: Go ahead. I just want to make sure
that everybody understands what you knew and didn't know. Because
obviously if you didn't have the opportunity to have, for example, this
last page before presenting, I mean, that wouldn't be fair and you
should have the opportunity to have the time to review it and not be
put on the spot when called before the Board. And that's why I want
to clarify that before you go on. Because if you need more time to
formulate responses and work with your staff and the County Manager
to come back with a response, I mean, you should be availed of that
opportunity.
Which is why I'm interrupting to clarify what's going on.
MS. GAILLARD: The last slide that he's referring to is the slide
that I just referenced. The general cash audit conclusions for an
overall department wide is the only slide that hasn't been seen.
However, during discussions we've addressed accountability and that
employees need to be held accountable. And the department has
implemented some to correct that for if deposits are late they are
holding them accountable and doing disciplinary actions.
MR. WILLIAMS: I don't see that in the audit. I don't see that in
these pages though is my point.
CHAIRWOMAN HILLER: So let's do this. Let me make a
suggestion. Let's not address the general cash audit conclusions,
because it hasn't been presented to staff so they're not in a position to
be able to come back with a prepared response. And let's address the
pre in part conclusion and then bring this general cash audit
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conclusion back after staff has reviewed it and, you know, the Clerk
can make a separate presentation and staff can give their response at
that time.
Okay, so let's go back to the Freedom Memorial Park conclusion.
MR. WILLIAMS: Well, just to describe it, we received notice of
this imprest fund review September of 2011. Or I believe it was
August of 2011. And in the context of that as I understand it there was
a desire to review all imprest funds and look for accountable issues,
which we strongly supported. We let staff know that this was going to
happen. We wanted them to know and be prepared for it.
When Clerk of Courts staff came and reviewed our processes, we
immediately corrected them. There were several things that they had
indicated. I think several them were identified in the audit. The
number one, where we have used an existing fund to create a separate
fund at Freedom Park. Part of what I dealt with in the last four or five
years is taking on more parks with the same staff with the same
funding amou -- with decreasing funding amounts.
So I've had to do things to help support the operation; and in my
opinion wasn't viewed as a negative or bad thing. We basically took
money from a location at North Collier and established it at Freedom
Park in order to run that show.
Again, the things that were identified in September, 2011, we
took immediate corrective action. And I guess my concern is there's a
sense in this audit finding that we're still struggling. Which I would
tell you, any operation that you have, you're going to have
organizational issues that you deal with.
But I don't feel that it is taking enough consideration into the fact
that we made improvements, we have put controls in place, we've
done some internal controls that I think have helped our operation.
The one -- and I guess maybe I mischaracterized an employee
that we hired last summer, we didn't hire this employee solely for the
purpose of doing audits or imprest funds, that's just one responsibility
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this employee has. In our discussions with the Clerk last September of
2011, that issue came up, and we looked at that. And the process that
we were doing, that we've always done in terms of how we've updated
the imprest fund information to the Clerk, and what was described to
us is we needed to do it more frequently. So we agreed with that, we
implemented a process where basically we look every quarter to make
sure that everybody on those lists that the Clerk has that have control
of those imprest funds are correct.
This is the first time I've heard that that's a problem, that that's
not working. I had no information from the Clerk that this was an
issue. So if it is, I want to continue to work with the Clerk and correct
it. I guess my point is we want to continue through this process where
we can and if there are still things that are not working, communicate
with us, we'll make immediate corrections. We're about protecting the
public's --
CHAIRWOMAN HILLER: Right.
MR. WILLIAMS: The public's --
CHAIRWOMAN HILLER: Assets.
MR. WILLIAMS: Assets, thank you very much.
So I got all worked up for this, and I'm not sure if there's
anything else I can tell you.
CHAIRWOMAN HILLER: Well, let me make a suggestion.
Leo, I think the summary of findings with respect to this part, 1
through 14, I think the easiest thing would be to give you the
opportunity to come back and state that each of these items have been
addressed in the manner in which you're addressing them, and show
that they're in place and that these issues are no longer occurring with
respect to this part.
The bottom line is cash is a very liquid asset and the controls
have to be in place and have to be enforced. And there's just no
question about it. There's no in part or, you know, delay or piecemeal
or anything like that.
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So if you could just go ahead and do that, then we don't have to
sit here and try to, you know, guess or not guess whether something
has or hasn't been done.
And then with respect the Clerk's Office, if you could make a
separate presentation on the overall cash audit conclusions and then
give staff the opportunity to respond again in the same fashion as with
respect to Freedom Park as to what they have done to eliminate
whatever the problem is and implement immediate corrective action.
Because we don't want this to continue for one day more at any park,
be it Freedom or any other park that may have problems, whether it's
in part or in whole. And that way we can address it in a, you know,
professional manner in the public forum.
MS. KINZEL: Commissioner Hiller, could I add just --
CHAIRWOMAN HILLER: Sure.
MS. KINZEL: -- one more?
I think we're tying maybe onto one bullet point on a summary
conclusion, when the majority of the report that Megan's provided ties
very specifically to all of the items that were reported in the content of
the full audit which county staff has had, and their responses are
included in that audit that you've been provided.
We have worked very, very well with Barry in identifying all
these items. So I want to echo his cooperation. I think we've tied to
one bullet in one report and perhaps maybe even losing sight of the
entirety. I think they're making progress from 11 to 12, but there are
issues. And I think those have been communicated to Barry. I think
• he's still working on them.
It seems the issue about adding an additional employee is what is
causing maybe some of your grief. We don't indicate what you should
or shouldn't do in operations. I guess what we're just trying to say as
part of this audit is that adding bodies may not be the solution. And it
seems to still be an issue with some of the counts that Megan's
performed. But we want to continue to work with Barry and all the
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departments in these cash audits and getting control of the assets. So
we'll keep doing that.
CHAIRWOMAN HILLER: No, I appreciate that and that's very
nice, but at the end of the day controls over cash have to be in place.
The cash has to be secured. There cannot be any delay in getting this
done. It can't be done in a piecemeal fashion. If issues have been
identified and when you do your testing you do it on a limited basis.
So you may have identified, you know, one or two examples, you
know, under one header to the extent that that's symptomatic of issues
that go beyond, obviously that -- you know, you need to make that
determination based on the manner in which you did your testing.
Really simple.
I think you guys just need to come back, present to us. You've
identified the issues, let them present what they've done to
immediately correct. You tell us you've verified and in fact those
controls are in place. With respect to the general conclusions, please
present, give them the opportunity to respond and again confirm that
the controls are in place and that we have, you know, secure controls
over cash in the Parks and Recs Department.
Commissioner Fiala?
COMMISSIONER FIALA: Yes, that's about what I was going
to say except that I thought it would be a more thorough report, and
especially when a department is trying to work with you, if you list
what you identified as wrong, say in 2010. And then what they fixed
you could put a line under there they've addressed that but now we
find so-and-so wrong. And then they go back. I mean, so it's a more
complete report. It kind of just looks like criticism but without any
results from the department. And I think it would be nice to present
both sides of the issue when giving a report.
MS. KINZEL: Well, and Commissioner Fiala, we don't want to
imply that there aren't both sides articulated. I guess that's what --
when we present these reports to you, if you look in the colored
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presentation that's coming to you, county staff has specifically
responded to each of the items found there.
COMMISSIONER FIALA: Crystal?
MS. KINZEL: And I understand what you mean about the years.
COMMISSIONER FIALA: Yeah, because once --
MS. KINZEL: We can go back and do that.
COMMISSIONER FIALA: -- she's given her report, it would be
also nice to say, if she was saying, you know, we found so-and-so
wrong but then staff worked with us to correct it. Then we identified
where they could still improve that. And so staff again -- and we've
made a -- see, you know what it says then is the Clerk has made a
difference in moving forward. And everybody is working together.
MS. KINZEL: Well, I hope those points weren't missed. I think
Megan did give them credit, for example, the jars in the middle of the
room were removed, the manual cash register has been taken from the
location. Those things were corrected upon identification. And we
still have a way to go. That's really the bottom line to the report.
CHAIRWOMAN HILLER: Well, again, just echoing, it really
needs to be presented in a manner where, you know, you've got the --
in the report that we've received, and I'll just hold it up, you've got
management's response and you have internal audit's response to what
internal audit initially identified. We as a Board have a problem in
that we can't be responsive to what's in this document, because this is
the first time we see this document. It's not introduced on the agenda
ahead of the meeting, so we cannot evaluate to what extent corrections
have been made and where we stand.
So it is essential that you come back and give us that side of the
equation.
MS. GAILLARD: In the reports, on Commissioner Fiala's
comment, we do identify which year we had the finding and
subsequent events. So if you look through the report as you follow
through, the first piece of it's going to be this is what the requirement
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for the item is, this is what happened and the date. And then when we
did the follow-up review, what happened in the follow-up review.
So I think if you sit down and read the report, it should have most
of the items you're looking for. And then we can figure out from your
response what you need from us if the way we're labeling it isn't
working for you.
COMMISSIONER FIALA: Okay. Maybe just because I have --
of course we just got it --
MS. GAILLARD: Correct.
COMMISSIONER FIALA: -- I wasn't able to see the response,
and I don't believe you mentioned it on the record. So the audience
can't see these things at all, they can only hear you. And I thought it
would be good to mention the whole story.
CHAIRWOMAN HILLER: Yeah, Commissioner Fiala is
absolutely correct, and I agree with her. There has to be -- you know,
the reporting of your internal audit findings needs to be a two-step
process. The first step needs to be okay, here's the report, but then
you need to come back and then have staff present what they did and
you confirm that they did it. Because just to give us the findings and
report to us and we have no idea what corrective action they've taken
and we don't have confirmation that you deem that the corrective
action is actually eliminating the weaknesses in the internal control
system -- and this really should be addressed to the Clerk, Megan. I
mean, this is not anything -- I mean, you happen to be standing behind
the podium. But really, the Clerk should be here hearing this. And if
he's watching TV, he's welcome to come sauntering down and we'd
happily wait for him. We'll forego lunch just to see him.
MS. KINZEL: Commissioner Hiller, that's fine, we'll relay all
the information.
CHAIRWOMAN HILLER: Please do.
MS. KINZEL: We're here in his stead.
CHAIRWOMAN HILLER: Thank you, we appreciate that.
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But again, I agree with Commissioner Fiala, this is part one. This
is part one of what we need to know. Part two is staffs response. Part
three is your confirmation that it's corrected.
Because otherwise, you know, I mean, I certainly don't have the
ability to go in there and verify that your recommendations are in fact
being corrected by staff, but you do. Or I'm putting Dwight's face on
top of yours right now.
COMMISSIONER FIALA: Do you really want to wear that face
at this moment? Do you like looking like a girl or a guy?
CHAIRWOMAN HILLER: I mean, really. Rhetorical question,
no response required.
Commissioner Nance?
COMMISSIONER NANCE: Barry, I'd just like to ask you a
couple of questions.
There was one picture that was shown of the gift shop there.
What -- generally speaking, what sorts of funds are being collected
and managed here in general? Are these use fees or concession fees or
just other things? Or what's going on? What is the revenue that's
coming in here?
MR. WILLIAMS: We have a gift shop there. It's natural -- or
nature-based type of gifts that people can purchase. They're
descriptive of Southwest Florida. They're meant to help educate --
COMMISSIONER NANCE: Educational, just helps the people
enjoy the park and so on and so forth?
MR. WILLIAMS: Yes, sir. And --
COMMISSIONER NANCE: Are there any use fees associated
with the park?
MR. WILLIAMS: There are none. We do have events at this
park. For a long period of time we did encourage donations for people
that wanted to sponsor our kids that would go to summer camp, but we
discontinued that process.
So to answer your question, I hope that --
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COMMISSIONER NANCE: So this is a concession that's
completely staffed by county personnel?
MR. WILLIAMS: It is, yes, sir.
COMMISSIONER NANCE: Okay.
COMMISSIONER FIALA: We also had the AVID Group out of
there, because I was the guest at one of those things, right?
MR. WILLIAMS: Yes, ma'am.
COMMISSIONER FIALA: From a middle school, I believe.
MR. WILLIAMS: Yes, we do have a lot of school groups that
visit that particular park, and as part of their visit they do like to
purchase those kind of items.
COMMISSIONER NANCE: Does this facility make money?
MR. WILLIAMS: In the sense of our revenues over expenses,
no, sir. We -- our park system itself is subsidized. Our cost recovery
as a park system as a whole is 40 percent.
COMMISSIONER NANCE: No, I understand that. But I mean
this concession. Because that's what we're talking about, this
concession, right?
MR. WILLIAMS: I got you. Yes, sir. Yes, we make money.
We'll purchase the materials at a wholesale cost and then sell them at
retail and make a little profit.
COMMISSIONER NANCE: I mean, considering all the labor
and everything you put in there, I mean, if you added up tax, tag and
title are you making money or you're not making money?
MR. WILLIAMS: We're looking to break even. Our point in
selling these items is more for the educational aspect of the folks that
purchase them, so --
COMMISSIONER NANCE: My question is, you know, would
this be appropriate to be a private concession? Would you be able to
achieve the same thing and avoid all this by not having to go through a
great deal of work and concern over something that's a service?
I mean, perhaps we could make it a concession and collect a
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small honorarium back as we do with other facilities and accomplish
the same thing.
MR. WILLIAMS: It's worth exploring. We've looked at it. We
thought about it. The question is whether a concessionaire would take
over that business or whether they could get adequate traffic to make
their dollar. That's the only concern that we've had in that --
COMMISSIONER FIALA: How many people do we have a
week in there now? Out of season and in season.
MR. WILLIAMS: In season is the best. Springtime's the best for
that particular park. The wildflowers in that park are very pretty. We
get about four or 500 people a week, which isn't a lot for our park
system. That's not a well traveled park. A lot of people don't know of
it. It's a beautiful park there.
COMMISSIONER FIALA: Very seldom do I ever see anybody
in there. Not that there's something wrong with that, because it's a
great park. But a lot of people don't go through it. So I don't think a
concessionaire could ever make ends.
COMMISSIONER NANCE: You never know. If you were to
open it up and allow somebody to go in there and offer, you know,
eco-based and green products, you don't know. I'm just throwing it
out for discussion, I'm not suggesting that's a solution. But I just -- it
just occurred to me if it's not -- if it doesn't contain use fees or revenue
that's necessary to support the operation of the park directly, it was
just indirect, and it's just meant to enhance the experience of the park,
perhaps a private concessionaire could do as good or better than we
can managing it ourself.
MR. WILLIAMS: I definitely want to look at that. I like the
idea of avoiding grief, and so this might be an opportunity.
COMMISSIONER NANCE: Oh, yeah. I mean, just take a look
at what -- you know, you've got employees here that you're trying to
manage, you're trying to put all these controls -- you know, you're
trying to be in a retail business when you're a park.
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MR. WILLIAMS: Yes, sir, I agree.
COMMISSIONER NANCE: Thank you.
CHAIRWOMAN HILLER: Sony.
COMMISSIONER NANCE: I make a motion to accept the audit
presentation.
CHAIRWOMAN HILLER: Could you supplement that motion
by asking that staff come back with their response and that the Clerk
come back with his review of that response and confirmation that
controls are now in place and that cash is secure?
COMMISSIONER NANCE: That is fine by me.
CHAIRWOMAN HILLER: May I have a second?
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
And by the way, I'm the only one who doesn't have to say
anything. I'm just kidding. So aye.
Okay, thank you, Megan. And again, the comments are directed
at the Clerk, not at you. But you did a great job, and I'm really happy
that Parks loves you, because that's a really good thing.
COMMISSIONER FIALA: Yeah, that was a really nice
comment.
CHAIRWOMAN HILLER: It was. It really was. Thanks,
Barry.
MR. OCHS: Thank you. Commissioners, that takes you to -- I'm
assuming you want to continue?
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April 9, 2013
CHAIRWOMAN HILLER: Yes, please. If the Board doesn't
mind, this is the last item on the agenda, other than staff and
Commission general communications, so if the Board would indulge
me with continuing, even though we regularly would break at noon?
COMMISSIONER HENNING: That's fine.
COMMISSIONER NANCE: Fine by me.
CHAIRWOMAN HILLER: We shouldn't be too long. Is that
okay?
Okay, County Manager?
Item #14A1
RECOMMENDATION THE BOARD OF COUNTY
COMMISSIONERS, ACTING AS COLLIER COUNTY AIRPORT
AUTHORITY, REVIEW OPTIONS, CONSIDER PLANNING AND
BUSINESS STRUCTURES, AND PREPARE TO PROVIDE
DIRECTION REGARDING THE IMPROVEMENT OF
MANAGEMENT AND DEVELOPMENT OF THE REAL ESTATE
ASSETS ASSOCIATED WITH COLLIER COUNTY AIRPORTS,
AND ESPECIALLY THE IMMOKALEE AIRPORT PLANNED
UNIT DEVELOPMENT. OPTIONS TO CONSIDER SHOULD
INCLUDE BUT NOT BE LIMITED TO, MAINTAINING
EXISTING AIRPORT AUTHORITY/EXECUTIVE DIRECTOR
STRUCTURE, ENGAGING A PROFESSIONAL REAL ESTATE
CONSULTANT, CONTRACT REAL ESTATE MANAGEMENT,
LONG-TERM LEASE OF REAL ESTATE (PUBLIC-DEVELOPER
PARTNERSHIP), SALE OF REAL ESTATE (FULL
PRIVATIZATION) AND/OR ANY COMBINATION THEREOF —
MOTION REQUESTING THE COUNTY MANAGER TO
ADVERTISE AN RFP TO SECURE SERVICES OF A
PROFESSIONAL REAL ESTATE MANAGEMENT FIRM TO
ADMINISTER MANAGEMENT RESPONSIBILITIES
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INCLUDING LEASING, MARKETING & DEVELOPMENT OF
COMMERCIAL & INDUSTRIAL REAL ESTATE AT COUNTY
AIRPORTS — FAILED (NO MAJORITY VOTE COUNT)
MR. OCHS: Yes, ma'am. Item 14.A.1 is a recommendation that
the Board of County Commissioners, acting as the Collier County
Airport Authority, review options, consider planning and business
structures and prepare to provide direction regarding the improvement
of management and development of the real estate assets associated
with the Collier County airports and especially the Immokalee Airport
Planned Unit Development. Options to consider should include but
not be limited to: Maintaining the existing Airport Authority
Executive Director structure, engaging a professional real estate
consultant, contract real estate management, long-term lease of real
estate, sale of real estate, and any other combination thereof. And
Commissioner Nance has placed this item on the agenda.
COMMISSIONER NANCE: Thank you.
Over the past several months we've been addressing the
management and -- of the airport and our opportunities for economic
development and to make sure that we have satisfactory management
and cost structure.
And at the March 12th, BCC meeting this Board took an action
to engage a professional management consultant to review the
management and operation of the airports themselves. This agenda
item is intended to be a companion action.
In addition, Commissioner Henning was -- has put forth
recommendations to review the profit and loss of the airports and
discuss how we might repay debt over time to the county.
This recommendation here is directed specifically at improving
the management and development of the real estate assets associated
with the county airports and not particularly the management of
airport operations, as was addressed by the prior agenda item.
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Basically to review for everybody that's following this issue, the
Immokalee Airport Planned Unit Development was established by
ordinance in 2007, and the PUD is roughly 1,400 acres, including
approximately 550 acres dedicated to airport operations. I apologize,
there's an error in paragraph two under considerations in the executive
summary. The number says 962, it should be 692 acres dedicated to
industrial and commercial development.
And basically the potential exists for five million square feet of
aviation and non-aviation use in this PUD.
Not only do we have that dedicated acreage in properties, but tax
incentive overlays exist that have been put together out here to
encourage growth and development that include Florida Rural
Enterprise Zone, Hub Empowerment Zone and a 60-acre Florida
Trade Port Zone which makes this a Trade Port.
Basically it is my view, after reviewing profit and loss of the
airport and taking kind of a high altitude review of it, that in fact our
approach that's been taken for quite some time that the development of
the public airports in Immokalee was going to drive the economic
development. And I think an exact opposite is the case. I think that
our vast real estate assets may indeed be the thing that spurs the
economic development of the Immokalee Airport as a whole and in
fact contribute to development of the airport itself as a secondary
aspect and not as a primary aspect.
So I wanted to open a conversation with this Board, acting as the
Airport Authority, to examine how we might get some enhanced
management on our real estate assets to move forward. I see we're
joined by our new Economic Development Developer, Mr. Register. I
think we have some opportunities that we can start taking advantage
of with our improving economy. But I do think because of the
complicated nature and the great value of our real estate in this PUD,
that it is indeed going to require some sort of professional real estate
expertise that we neither have in the county or elsewhere in our
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business units at this time.
So I just want to throw that open for discussion, and then I will
make a motion.
CHAIRWOMAN HILLER: Were you first, Commissioner
Fiala?
COMMISSIONER FIALA: Yes, I was.
Do we want to hear from Chris first?
CHAIRWOMAN HILLER: Well, hang on a second.
Do we have any public speakers on this?
MR. MILLER: No, ma'am.
CHAIRWOMAN HILLER: No.
Go ahead, Commissioner Fiala.
COMMISSIONER FIALA: Okay, fine.
First of all, you're right, there are some wonderful opportunities
with that real estate. One that Chris brought to the forefront in one of
his recent presentations was the fact that there's gas, oil and minerals
down there. We never even realized that we had an opportunity. We
thought all of that was positioned to another company, and here we
have that opportunity as well. I'm so glad he found that.
The airport had never really been run as a business, never really
been run as land holdings and never been focused on -- I shouldn't say
never, rarely been focused on attracting new business. It was best to
leave it the way it was.
So when Chris took over, the first thing he had to do was get the
airport running like a business and upgrade facilities so that he could
attract businesses to that airport. Also to start making connections
around the State of Florida.
I mean, he's done a lot in two years. For instance, even with the
National Guard. Now we've got them, they're going to -- what is it, 20
acres there or something like that that they're reserving for themselves
to build an armory on. And this is a wonderful possibility that's
coming forward. And I feel that it's taken him two and a half years
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managing three airports to get them running smoothly and on target.
And to hire somebody, again, we're spending more taxpayer dollars to
do this when we really shouldn't be. We should be letting Chris move
forward with his efforts. And he's working closely with Bruce
Register as well. They want to put together a plan to attract more
businesses, as he's already done. He's already got a few -- what is that
turbo place that's on there now? And he's also got -- he built that
place that Salazar can now operate his business there. He's continued
to move forward in the two and a half years.
No, the years before then, you're talking about the last decade
somewhere in this thing. Yeah, maybe seven and a half years it sat
there and languished. But since Chris has come on board he's made a
great deal of difference.
And unless we're trying to destroy that airport, I think we should
give this man the opportunity to do so.
CHAIRWOMAN HILLER: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Yeah, I understand there's some
opportunities for fracking on the airport.
CHAIRWOMAN HILLER: That's what I was thinking.
COMMISSIONER HENNING: But no, this is really forward
thinking. And I really appreciate it. We need to know the
opportunities for development out there. There's infrastructure that
needs to be put in. Of course I personally don't want for the county to
bear the cost of that. We need to do this incrementally.
So, you know, do we direct the County Manager or the Airport
Director to tell us the opportunities for --
CHAIRWOMAN HILLER: I'd like to respond to that.
COMMISSIONER FIALA: And who pays for it, while you're
responding.
CHAIRWOMAN HILLER: Hang on a second. Let me -- yeah,
of course, there's no problem answering either of your questions.
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I've been thinking about this, and I do agree with you, this is very
forward thinking. I wouldn't describe the operations of the airport as
being smooth and on target. In fact, with respect to real estate, there
has been nothing but problems on all levels. From tenants to the
handling of the land to, you know, just ongoing issues.
The thing that we have here, as I read your executive summary,
is something that reminds me of what the county has always sought to
do, and actually Commissioner Henning you have always been an
advocate of, and that is outsourcing. I think to the extent that we can
outsource what the county does to people who are experienced and
professionals in that field, the greater the return to the taxpayer.
I'll give you an example. The County Manager outsourced the
management of the marinas, the county marinas. Oopsy daisy, I didn't
mean to do that. And that has actually been very successful.
And what I read here is that obviously the airport properties are
real estate and that as such bringing in a professional real estate
broker/management company to address the leasing -- I don't agree
with the sale of real estate. We're not at that sale part, that full
privatization is not a discussion here today under any circumstances,
because we're waiting for a consultants to tell us what our optimal
options are in the long term with respect to these airports.
But in the short term we're bleeding cash. We have tremendous --
a tremendously high level of staffing relative to the volume of activity
at these airports. So to outsource to a real estate leasing and quite
frankly management firm to take over the leasing of these facilities
and to from a real estate perspective tell us, you know, how airport
lands could actually be developed. I mean, there could be, you know,
lease purchases, like for example with the hangars and so forth, makes
a whole lot of sense.
Now, there I believe would be -- there would end up being a net
savings, because you could reduce the staffing level, which is the cost
burden, and outsource it to a real estate company where the, you
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know, business would be done as real estate business is done on a
commission basis, which would significantly reduce our operating
costs.
COMMISSIONER FIALA: Let me just ask --
CHAIRWOMAN HILLER: Hang on a second.
COMMISSIONER FIALA: Let's just define what you were just
saying. You said outsource it to a real estate company.
CHAIRWOMAN HILLER: Right.
COMMISSIONER FIALA: You mean the whole airport?
CHAIRWOMAN HILLER: No, I would say outsourcing --
absolutely, good question. Thanks for asking to clarify.
I would suggest outsourcing everything related to the real estate
component of the airport.
COMMISSIONER FIALA: And tell us now, there's some that
cannot be outsourced because of the permits and so forth that are
either existing or not existent on the airport. And Chris can tell you
more about that.
How much of this is actually applicable to outsourcing business?
Chris, do you have that --
CHAIRWOMAN HILLER: We're -- and Chris, you're welcome
to come up, but this is a commercial park. I mean, we have a
commercial park. You know, like you pointed out, there's a lease to
Salazar, which actually preexisted Chris's arrival.
You basically lease the hangars, you know, you're leasing that
USDA building. You've got other land which is developable for
additional leasable buildings. You know, you could have built to
suits, you know, leases with option to buy. And I'm talking about like
hangars, because I understand we actually have hangars out there.
And to give you an example right now, one of the cases which is
significantly mismanaged with respect to renting of the property is the
Fletcher case. I mean, there's litigation. Mr. Curry has not given Mr.
Fletcher a long-term lease. He's on a month-to-month tenancy. And
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he's the biggest client at that airport. I mean, I believe -- and you can
correct my figures, but I think like 80 percent of the gas sales, which is
the primary revenue stream of that airport, is supported by Fletcher's
operations, and he won't even -- he's not even being given a term -- a
long-term lease, which doesn't make any sense at all. I don't see how
anyone can do business without having the security of knowing that
they can be in the facility they're operating from for a reasonable
period of time. A month-to-month tenancy is just unacceptable in a
situation like this and really puts the airport at risk. Because if we lose
Mr. Fletcher, there goes the bulk of our gas and oil -- is it gas -- well,
fuel sales.
So my feeling is to go with what the County Manager has done
by outsourcing marinas to go with what Commissioner Henning has
advocated over the years that I've sat on this Board and that is
outsourcing when you can.
And I say in addition, as a consequence of outsourcing the
leasing and management of the real estate component of the airport,
that we look at reducing our payroll costs proportionately, and I think
the net result will be a positive.
Now, in the short term there is absolutely no harm in us doing
this, and there can only be a benefit. Because the only cost to us
would come about if they lease. And to the extent that they lease, we
directly get revenue that we don't have now for a very insignificant
cost --
COMMISSIONER NANCE: Can I just make a comment? You
all have said many, many things. And let me tell you what my intent
was. And, you know, people are always concerned about what's
written in the recommendations. But I want to continue with this
conversation just a little bit.
COMMISSIONER FIALA: But I needed him to answer my
question as to how much space could actually be leased for business
and how much cannot be.
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COMMISSIONER NANCE: Yes, ma'am. One moment.
Let me tell you what I was thinking when I wrote some of these
things. And the reason I included long-term lease of real estate, which
I put in parentheses, public developer partnership, and the sale of real
estate, full privatization, is what I'm considering is the long-term
development aspects of this vast piece of property, in which case if we
had a full-blown effort to develop the commercial and industrial
potential to its fullest, you might have a situation where you'd want to
partner with a venture capitalist that would come in to this huge PUD
under the condition that he could take a small part and further develop
it himself. And that's just an option. So --
CHAIRWOMAN HILLER: Commissioner, can I interrupt you?
COMMISSIONER NANCE: Yes.
CHAIRWOMAN HILLER: We had a workshop on this, okay?
COMMISSIONER NANCE: Yes.
CHAIRWOMAN HILLER: We have decided to go out and hire
a consultant to come in and evaluate, you know, what --
COMMISSIONER NANCE: Airport operations, yes.
CHAIRWOMAN HILLER: -- you're describing here.
COMMISSIONER NANCE: Yes.
CHAIRWOMAN HILLER: We're not -- I don't know why you
would jump ahead to a discussion that we're asking a consultant to
come back and talk to us about.
What you have presented here, and I don't think you realize the
value in your recommendation, is this opportunity to outsource to
immediately improve our revenues.
COMMISSIONER NANCE: I agree.
CHAIRWOMAN HILLER: And so I think --
COMMISSIONER NANCE: I agree. I was just addressing your
statement that, you know, full privatization shouldn't be considered.
But I think --
CHAIRWOMAN HILLER: I'm not saying --
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COMMISSIONER NANCE: -- down the road that it should.
CHAIRWOMAN HILLER: I'm not saying it shouldn't be
considered. I'm saying it makes sense to consider it and to evaluate it
to see whether there's any, you know, net benefit.
But what you've got here is something -- we've got a problem
with cost, and we've got an option here to bring in professionals to
manage the leasing and even the real estate management and reduce
our costs.
COMMISSIONER NANCE: Absolutely. I believe that contract
real estate management is the best option here.
CHAIRWOMAN HILLER: I think so.
COMMISSIONER NANCE: And the reason why is --
CHAIRWOMAN HILLER: It makes sense.
COMMISSIONER NANCE: -- I think we need a dedicated
specialized professional with substantial experience in the
development and management of commercial and industrial real
estate. Not to exclude the airport real estate but commercial and
industrial parks in the Southeastern United States, including all aspects
of marketing, leasing, administration, sales, the whole tamale.
And I just think that we are never going to get -- we're never
going to get this started. I don't think we're ever going to be able to
get the Immokalee PUD to realize its potential until we have people
that can bring this sort of expertise to the table. And I do not think we
have them at present. That's why I'm --
CHAIRWOMAN HILLER: No, thank you.
Commissioner Henning, would you allow Mr. Curry to answer
Commissioner Fiala's question before you comment? Would that be
acceptable?
COMMISSIONER HENNING: No, just real quick. I mean, this
is a PUD. A lot of developers create a PUD and then let somebody
else develop it or piece it out. And there's -- no different than what
you're saying on this one. There might be somebody out there that is
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willing to expend some money and --
CHAIRWOMAN HILLER: Market it.
COMMISSIONER HENNING: -- market it. And I don't know
the reason why we can't sell it. But, you know, you can get all these
answers through a request for a proposal.
CHAIRWOMAN HILLER: That makes sense.
COMMISSIONER HENNING: I mean, you have -- you can
outlay the amount of acreage, the zoning on it and the infrastructure
that needs to be put out there.
And quite frankly, I think that we need to evaluate about selling
those parcels.
CHAIRWOMAN HILLER: To the extent we can.
Mr. Curry, would you like to comment?
COMMISSIONER FIALA: And also comment about the
competitive business that you're --
MR. CURRY: Yeah, Chris Curry, Executive Director, Collier
County Airport Authority.
I really don't know what to tell you. I mean, whenever you have
airport discussions, they go around and around and you never quite
come to a conclusion because airports are not that simple.
Generally with most airports -- and the idea that Commissioner
Nance has is a good idea, except it works in conjunction with the
airport management. Because private developers do not understand
how airports function. The executive management of an airport can
keep them out of trouble, such as dealing with the FAA, having to
come back and deal with the requirements of the county, there's
building restrictions, there's regulatory agency permits. And most of
the land at Immokalee is not real clean land that you can build, so it
has several problems related to infrastructure.
One of the issues I see with a private development as well is that
a private developer coming into Immokalee would compete directly
against the average citizen in Immokalee.
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One of the things that we've done in developing the airports is
that we have been conscience of not competing with the general
public. Because we've only been -- there's an economic benefit not to
compete directly with landowners that are in Immokalee struggling to
lease property as it is.
Last comment I want to make is that, you know, I've constantly
heard Commissioner Hiller refer to mismanagement. And I think that
is a conversation that we can have more in detail at a later time.
So if there's any questions, I'm available to answer any of them.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I'm just concerned -- and I'm
going to just say this flat out. I'm just concerned that all of these
problems with the Immokalee Airport stem from the couple people
that are on the airport that don't like the way you run it. No matter
what advancements you make, they're not going to like it. And I'm
afraid that we're not looking at the complete picture.
Sometimes when you listen to people that are a little disgruntled
rather than look at a whole picture, you derive a different picture. And
I'm trying to say that as gently as I can without incriminating anybody.
But I think that we have to look at the benefit of this airport and
the potential. Especially now that the state has eliminated all of these
cafe -- what do they call those?
CHAIRWOMAN HILLER: Internet cafes.
COMMISSIONER FIALA: Internet cafes, yeah.
COMMISSIONER HENNING: It's not on the agenda.
COMMISSIONER FIALA: Internet cafes and so forth, and we
might be getting quite a bit of business coming in, because not only
will they have to build the Seminole hotel there, but then they're going
to be importing lots of business.
There's so much potential. And I'd hate to see us dismantle or
destroy that opportunity because of favors owed.
CHAIRWOMAN HILLER: This actually does the opposite.
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This enhances --
COMMISSIONER FIALA: It doesn't sound like it though.
CHAIRWOMAN HILLER: It does. It absolutely does.
COMMISSIONER FIALA: Well, that's what you say. And I
really -- you know, I don't mean to be rude, it's just that's what you
say, and I don't know that I agree with that.
CHAIRWOMAN HILLER: That's okay.
COMMISSIONER FIALA: Because I've seen it grow so much
in the last two and a half years. And --
CHAIRWOMAN HILLER: All right. Commissioner Nance,
what do you want to do? And you said you wanted to make a motion.
COMMISSIONER NANCE: I would like a motion to request
that the County Manager put out an RFP for a professional real estate
management firm to help us develop and manage the commercial --
CHAIRWOMAN HILLER: Leasing and management, right?
Because not just management, but leasing.
COMMISSIONER NANCE: Right, a commercial real estate
management firm to help us develop and manage the commercial and
industrial real estate assets of the Immokalee Airport PUD to include
marketing, leasing, administration and sales.
CHAIRWOMAN HILLER: Let me ask a question. Why are you
limiting it to Immokalee? I mean, the issue is --
COMMISSIONER NANCE: Well, no, all the airport properties.
That's fine, I can amend it to that. But most particularly the
Immokalee --
CHAIRWOMAN HILLER: Immokalee is where a great deal of
help is needed. But if you're bringing in a professional real estate
leasing and management company --
COMMISSIONER NANCE: They can handle everything.
CHAIRWOMAN HILLER: -- then you're going to bring in
someone who is highly experienced in this who should optimize
revenues at all airports. And where we can save costs -- and if I could
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ask, could you consider adding to your motion that as a consequence
of bringing in a real estate leasing and management firm over the
airports that we look at eliminating those payroll costs that will be
replaced by this asset management --
COMMISSIONER NANCE: Yes.
CHAIRWOMAN HILLER: -- company. Because obviously --
COMMISSIONER NANCE: That's appropriate, because we've
already engaged somebody to talk about airport operations. And this
is focused on --
CHAIRWOMAN HILLER: The real estate.
COMMISSIONER NANCE: -- the real estate.
CHAIRWOMAN HILLER: That makes sense.
COMMISSIONER NANCE: And I'll modify my motion to
reflect that.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Well, I don't know if I can really
support something like that. I understand trying to separate aviation
from the commercial industrial areas of the airports. We only have one
that has that and that is -- and that is the Immokalee Airport. The rest
of them are all just aviation.
CHAIRWOMAN HILLER: No, because you can lease the
hangars. I mean, we're talking about like all the leasing.
COMMISSIONER HENNING: That's aviation related.
CHAIRWOMAN HILLER: Why can't you have a real estate
agent lease those hangars? Because that's where we have all the
problems.
COMMISSIONER HENNING: No, you can. I'm just saying I
don't think I could support that.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER HENNING: It's different than -- my
understanding is dealing with bifurcating aviation from commercial
and industrial property. That's my understanding of it. And I could
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support something like that. But an overall shotgun approach on all
the airports, I don't think that's wise.
COMMISSIONER NANCE: If we could begin and get a real
estate management firm in place to discuss how our real estate could
be managed, I think it is very possible that we would find that they
would have some utility in another aspect we could --
CHAIRWOMAN HILLER: I want to go back to what
Commissioner Henning said. All our problems right now are related
to the leasing of the aviation hangars. I mean, our problem with
Fletcher is that Mr. Curry will not give Fletcher, which quite frankly
makes no sense to me, a lease, other than a month-to-month tenancy.
And I think what needs to happen in that instance is that Mr. Fletcher
needs to come directly to the Board and ask for a term and we need to
address that situation.
But the problem is, you know, leasing those hangars is just
leasing like any other regular building. Yeah, there are rules that
apply, and those are readily determinable by any professional.
We want to optimize our revenues with respect to the hangars as
well as with respect to the industrial and commercial buildings. It's not
just the industrial and commercial buildings because, like I said, the
biggest problems we have right now are with the leasing of the
hangars and, you know, suboptimal conditions in that arena.
What would you propose?
COMMISSIONER FIALA: Commissioner, let me talk about
hangars at Marco, for instance. I'm sorry to interrupt you. Of course
there's very land on Marco, it's mostly submerged anyway. And they
have a lot of environmental concerns.
But Chris has figured out a way to -- he's moving things around
within the footprint that we have to then clear enough space to build
more hangars. Because we've got people that have been waiting for --
some up to 20 years to lease. They're even willing to build their own
hangar and lease the land from us. Why would you want a real estate
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company to come in and take that money when we've already got --
CHAIRWOMAN HILLER: Well, they're not taking the money,
they simply get a commission.
COMMISSIONER FIALA: Right, why should we give it to
them --
CHAIRWOMAN HILLER: Because we eliminate the staff--
COMMISSIONER FIALA: -- when we've already got the plan
in place. And they're building their own place.
CHAIRWOMAN HILLER: We have to reduce our costs, okay?
Our costs are excessive. Our staffing at the airports are excessive. By
comparison to other airports with relatively the same volume and
activity.
COMMISSIONER FIALA: Well, I don't know that, because
we'd have to compare two airports the same size, the same type --
CHAIRWOMAN HILLER: Yeah, yeah.
COMMISSIONER FIALA: -- before we make a statement like
that.
CHAIRWOMAN HILLER: Well, I have.
And the problem, as I said, is, you know, to the extent we
outsource, we have the opportunity to reduce costs and we have the
opportunity to bring in professionals who lease and develop real
estate, as you're describing, to bring us the highest possible price and
increase our revenues.
COMMISSIONER FIALA: We've already got this in place; why
would you pay somebody to come in and take the commission on it
when it's already taken care of?
CHAIRWOMAN HILLER: Because it's about the tenants. And
we don't have -- Marco is a different situation in that Marco because
of its location is in demand. Immokalee doesn't have the same type of
results. In fact, we have nothing but problems with the tenants and
with the leases.
COMMISSIONER FIALA: With a couple of them. Not with
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everybody. You're making an overall statement and I don't believe
that's true.
CHAIRWOMAN HILLER: Generally, yeah, we have problems
out there.
COMMISSIONER FIALA: Do you have some with the National
Guard?
CHAIRWOMAN HILLER: Well, the National Guard --
COMMISSIONER FIALA: How about the turbo place?
CHAIRWOMAN HILLER: The National Guard isn't coming in
for a very long time. They don't have the funding and they made that
clear, and that pre-exists Mr. Curry. So I don't know why that is even
in the -- in discussion right here.
Again, I don't want to belabor the point. I think the idea is an
excellent one. I want to understand why -- I'd like to hear more from
Commissioner Henning. Because he's always been in favor of
outsourcing and I'm not sure I understand why --
COMMISSIONER NANCE: He's stepped -- could I --
CHAIRWOMAN HILLER: I'd like to hear from Commissioner
Henning.
COMMISSIONER HENNING: I know there's a desire, but I
don't think it's a majority to sell or advertise the airports.
CHAIRWOMAN HILLER: This is not about selling or
privatizing. That's off the table.
COMMISSIONER HENNING: Well, what we have on the
agenda, it's very clear to me, is talking about acreages in the
Immokalee Airport that can be developed as industrial or commercial.
And it further states that it is an Enterprise Zone, Empowerment Zone
and -- or Trade Zone.
CHAIRWOMAN HILLER: And I think that executive --
COMMISSIONER HENNING: So please let me finish.
CHAIRWOMAN HILLER: Sorry, go ahead.
COMMISSIONER HENNING: So again, I think it's worthwhile
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to take a look at what do we do with the commercial and industrial
properties in Immokalee? Is there another way to get business growth
in Immokalee by marketing that?
If you recall, the Immokalee CRA was to manage or expand the
hub out there in Immokalee. It never went anywhere. And they
pulled out. So really, I mean, you have an airport director which I'm
sure has the capability of crafting a lease or a sales contract for
industrial land and/or get the land in preparation. But you really need
somebody to market that property of industrial and commercial.
Anyways, that's something I can support. I don't want to get into
anything else with the airports land or the hangars and things like that.
Let's just stick with industrial properties.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes. Mr. Klatzkow, the properties
that the airport authority owns that are on the aviation side that are on
the airport themselves, the buildings that we own, the T hangars and
so on and so forth, are those -- you know, notwithstanding the
specialized use and the regulation of their use, are the contracts for the
lease of those buildings and the insurance that we culled on those
buildings and the repair and maintenance of those buildings, is that
handled any different because it's used for aviation other than any
other real estate that we -- that the county would manage and lease?
Or is it -- are they leased under the same sort of requirements as other
properties?
MR. KLATZKOW: As far as a global answer, you don't need --
I don't think you need a specialist in aviation to lease those.
CHAIRWOMAN HILLER: In other words, it's just a general
real estate --
COMMISSIONER NANCE: What I'm trying to get at is, you
know, we own steel buildings that happen to be T hangars, and the
airport management says okay, if you lease this hangar and use it for
aviation you can do this and this and this and this. That's the rules of
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the airport. But the lease of the building or the land underneath the
building that we happen to lease to somebody, that's handled just in
real estate.
MR. KLATZKOW: It's almost administerial. If a hangar is
vacant, you just lease it on the same terms as the Board's already
approved.
COMMISSIONER NANCE: But the goal is to be unified in our
approach to leasing those properties as a county -- you know, as an
institutional lessor?
MR. KLATZKOW: Yeah, the goal is to have standard form
leases for all the hangars for all the airports. And then it becomes
administerial. Because the Board at that point in time has approved
your standard form agreement and the Board has approved your rates.
And after that it's almost administerial. As these things open up you
just put in the tenant.
COMMISSIONER NANCE: But the airport management then
directs special use inside those buildings that conforms with aviation
law and FAA requirements and so on and so forth.
CHAIRWOMAN HILLER: That's in the lease.
MR. KLATZKOW: They're hangars.
CHAIRWOMAN HILLER: No, that's just the standard lease. I
mean, it's just --
COMMISSIONER NANCE: Okay.
CHAIRWOMAN HILLER: -- the building.
COMMISSIONER HENNING: We have a motion and a second
on the floor.
COMMISSIONER FIALA: Would you say the motion again,
please?
COMMISSIONER NANCE: My motion is to direct the County
Manager to put out a request for a proposal to secure the services of a
professional real estate management firm with experience in the
development and management of commercial and industrial properties
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associated with the airports and in particular the Immokalee Airport
PUD to include expertise in marketing, leasing, administration and
sales.
CHAIRWOMAN HILLER: And we have a motion and a
second. Who is the second? Were you the second?
COMMISSIONER HENNING: No.
CHAIRWOMAN HILLER: I'll be the second.
MR. OCHS: Madam Chair, if I may, I would ask, you know,
under the circumstances to coordinate this effort with your Airport
Director.
COMMISSIONER NANCE: Certainly.
MR. OCHS: This is a bit uncomfortable, frankly, to keep getting
directed while you have a paid Executive Director running your
Airport Authority for me to be taking the lead on these things. I'm
happy to do it if directed by the Board, but there's some things that I
don't have expertise in that I could certainly benefit from consultation
with your Airport Executive Director. So -- and I know you didn't
exclude that, but I just wanted to make sure that --
COMMISSIONER NANCE: No, at your pleasure.
CHAIRWOMAN HILLER: Leo --
MR. OCHS: Thank you.
CHAIRWOMAN HILLER: -- my question is, putting on an RFP
though is a purchasing function, isn't it?
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: So wouldn't that be through
purchasing that the RFP goes out? I mean --
MR. OCHS: Yes.
CHAIRWOMAN HILLER: -- it's not going to go out through
the Airport Director, is it?
MR. OCHS: Well, no, but your Airport Authority and its staff
use your purchasing staff to issue RFPs and purchase goods and
services --
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COMMISSIONER NANCE: This would be compatible with
your other effort to secure a consultation on airport operations
management.
MR. OCHS: Understand. All right, thank you, I appreciate that
clarification.
CHAIRWOMAN HILLER: Any further discussion on this?
(No response.)
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Any opposed?
COMMISSIONER HENNING: Nay.
COMMISSIONER FIALA: Aye.
MR. KLATZKOW: Motion fails.
CHAIRWOMAN HILLER: Motion fails, two-two, with
Commissioners Fiala and Henning dissenting.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Madam Chair, that takes you to staff and
Commission general communications.
I just have two brief items this afternoon, Commissioners. The
first is just to confirm the Board's longstanding schedule for your
summer months. We have one meeting of the Board planned for the
23rd of July and no Board meeting scheduled for the month of August.
CHAIRWOMAN HILLER: The 23rd of July?
MR. OCHS: That's your second meeting, your fourth Tuesday.
COMMISSIONER HENNING: Could we have that July 10th
instead of the 23rd?
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CHAIRWOMAN HILLER: Yeah, why would you bifurcate
July? I mean, why wouldn't you do it in the first Tuesday in July -- or
the second Tuesday in July.
MR. OCHS: We're following your normal meeting schedule.
You've traditionally not met for your first Board meeting in July, but
you've met for the second. Part of that allows you to comply with the
TRIM notice so you can set your tentative millage in July. If you do
that in the second -- or the first meeting in July, I'm not sure there's
enough time between your budget workshops and the work that needs
to get done when the Property Appraiser sends the updated --
CHAIRWOMAN HILLER: Can you review that and bring that
back?
MR. OCHS: Sure.
CHAIRWOMAN HILLER: Because that doesn't make a whole
lot of sense. I mean, it just --
COMMISSIONER HENNING: I'm all in favor of that. I think it
ought to be --
MR. OCHS: You've always been in favor of that, Commissioner,
I know. But staff needs some time to get the budget prepared. And
the main reason you've traditionally come back at all in July was to set
the tentative millage within the specifications of Florida Statute.
CHAIRWOMAN HILLER: I'd like to revisit that with you and
look at the schedule and see what has to be done and see if that's
optimal. Because it seems --
COMMISSIONER FIALA: First of July would be a great day.
CHAIRWOMAN HILLER: Yeah, it just doesn't make sense.
COMMISSIONER HENNING: Thanks, County Manager.
CHAIRWOMAN HILLER: But thanks for the idea there. You
can shred that one. Maybe, maybe not.
MR. OCHS: The second item is -- I believe the Board has seen
this, but I think it's worth noting for the public.
There was recently an award to the Board of County
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Commissioners from the Sunshine Review. It's a nonprofit
organization dedicated to state and local government transparency.
Collier County was one of only 12 of 67 counties in Florida to receive
the 2012 -- excuse me, 2013 Sunny Award that recognizes dedication
to government transparency and awards the most transparent
government websites in America. So we're very proud of that.
And I congratulate Mr. Sheffield and his communication staff
and all of the departments that work so hard to keep their websites
updated and accessible to the public and transparent.
CHAIRWOMAN HILLER: Absolutely. It is really worthy of
note. And congratulations, Leo, to you and your staff. Mike, you've
done a great job.
MR. OCHS: And that is all I have, Madam Chair.
MR. KLATZKOW: Nothing, ma'am.
COMMISSIONER FIALA: When you look at me, does that
make me first?
Just two fast things. The first one, is the Bayshore CRA in a
position -- I think the Bayshore CRA is in a position to hire an
executive director. How do they do that? Do they send an invitation
out or job applications out or -- I don't know how they do it. But I was
just wondering if we could move forward with it. Because they're in
dire need of one. They're in pretty bad shape and it looks like we've
got some good news coming from Fifth/Third Bank, so --
MR. OCHS: Commissioner, if the Board seated as the CRA
wants us to move forward with the recruitment for a CRA executive
director, we would be happy to do that. Perhaps that's an item that one
or more of you would want to put on the next agenda under CRA
business.
COMMISSIONER FIALA: Okay, I would like to do that. That
would be very good.
Okay, the second thing is, I was flying in an airplane to
Tallahassee and I was expressing some interest again -- I've been
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expressing this interest now for many years -- about having a remote
controlled park. Remote controlled airplanes, remote controlled boats,
remote controlled cars. It's not much of any expense to us because
they all will just mow their own land. The remote control airplane
group, they have two types, with the motors and with the jets, and they
keep their own property. We had them on our property for 28 years
and it cost us nothing. They build their own place, they mow their
own place, they build their own runways and so forth.
Well, we've got some land that's probably coming up again to be
built on, and just maybe -- I would like to ask the other
Commissioners if you would agree to ask staff to look to see if there's
any land that could be donated to the county, but the land would have
to be next door or adjacent to land that's in preservation. Because
people don't want airplanes flying -- even though they're remote
controlled, they don't want airplanes flying over their properties.
But if we could find a place that could accommodate not only the
planes but I think boats and cars as well, it could be a great park, a
family park. Especially for kids that don't take an active interest in
sports such as baseball and football but would love to do things with
dads or grandpas. I think it would be a wonderful thing.
And I'm just asking if the other Commissioners, as was suggested
to me, would find -- would ask to be put on an agenda or ask staff to
start looking for some property that could be donated. And I'm
thinking mainly of like Six-L Farm's lands.
CHAIRWOMAN HILLER: Why don't you craft an executive
summary and bring that forward?
COMMISSIONER FIALA: Is that okay with other Board
members?
CHAIRWOMAN HILLER: Sure, yeah. Absolutely. Just put
something down and just bring it together and let the Board vote on
directing staff to determine that. I think that's --
COMMISSIONER FIALA: Great. Okay, I'll do that. Thank
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you very much.
CHAIRWOMAN HILLER: And if you have suggestions like
Six-L, you can elaborate all of it to give them guidance.
COMMISSIONER FIALA: I don't know if they have any land, I
was just throwing that out.
CHAIRWOMAN HILLER: You can add hint hint after that
description.
Commissioner Nance?
COMMISSIONER NANCE: Yes, I just have two things I would
like to mention. Both of them are related to the paving of lime rock
roads that we have in the county. Many, many of them are in my
district in District 5 but there are other unpaved roads in other districts
that need attention.
In the past we had a program that was called the Lime Rock
Road Conversion Program. And basically that was funding that was
dedicated by the Board to do that. And funding for that was not
continuous because of the change in the economy.
But with the support of the Board I will bring back a couple of
executive summaries, with the assistance of Nick Casalanguida.
Fundamentally to give you an outline, in Golden Gate Estates,
for example, there are 42 miles of unpaved roads. And over the next
10 years Collier County, just to grade them and take care of those
unpaved roads, is going to spend $10 million.
COMMISSIONER HENNING: I say sell them.
COMMISSIONER NANCE: Well, use it for runway for
Commissioner Fiala's aircraft.
COMMISSIONER HENNING: Or lease them.
COMMISSIONER NANCE: Instead of spending $10 million to
grade these roads in perpetuity, it's only going to cost $4.2 million to
pave them.
So what I would like to do with the support of the Board is bring
back an executive summary to discuss transferring some of the money
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from the road maintenance resurfacing program to look at our
standards of care out there and try to find a way to reinitiate the Lime
Rock Road Conversion Program so that we can get that done for the
citizens and also save us some money.
Secondly, in a related but slightly different, is Mr. Casalanguida
and his staff have been working diligently with private owners of
unpaved roads to put together a program whereby they can, together
with the county's assistance, pave their privately owned roads through
the creation of an MSTU, but with the help of county staff.
And I would also like to bring a related summary to you for your
consideration regarding putting together a program and outlining some
requirements and some guidelines for people that would like to
undertake that to pave their privately owned road. So --
COMMISSIONER FIALA: In all parts of the county?
COMMISSIONER NANCE: Yes.
COMMISSIONER HENNING: What? Yeah, you can put
anything on the agenda. Just make it civil, that's all.
CHAIRWOMAN HILLER: As opposed to criminal?
COMMISSIONER HENNING: Yeah.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Three things. First of all, I want
to wish Commissioner Fiala a happy birthday.
CHAIRWOMAN HILLER: Happy birthday.
COMMISSIONER HENNING: I think this is what, the 13th
happy birthday that we've celebrated?
COMMISSIONER FIALA: I'm glad you didn't sing, thank you.
CHAIRWOMAN HILLER: Why? All right, one, two, three --
COMMISSIONER FIALA: No, no, no, no, we don't do --
CHAIRWOMAN HILLER: (Singing the Happy Birthday song.)
COMMISSIONER FIALA: Even though you have a good voice,
don't sing it.
COMMISSIONER HENNING: And many more.
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CHAIRWOMAN HILLER: Happy birthday to you.
COMMISSIONER HENNING: And my second thing is the
consortium meeting in Tallahassee, and I apologize I missed some of
you that were up there, and I hope you had a good time, but we signed
a mutual understanding agreement with the Governor. And the
Governor is going to provide advisers to the consortium in how to,
you know, deal with, you know, the federal government. And by the
way, they still haven't made the rules for us to accept any kind of
applications. But these advisers from the Governor's office will be
from Fish and Wildlife, DEP, agencies like that. So I'm looking
forward to that.
And my last thing, my understanding, I don't know if it's true, but
the staff from North Naples Fire Department has met with
Commissioners individually wanting to direct the County Manager to
sit down -- or County Manager's staff to sit down with North Naples to
see about North Naples running EMS. I haven't seen that come
forward. My understanding, it was going to be this meeting that was
coming.
However, in anticipation and contemplation of that issue, back in
2010 a super majority of residents in Collier County, including North
Naples Fire District, wanted the fire districts to consolidate. And I
don't see any movement from North Naples, so -- but I do see
movement from Golden Gate and East Naples.
And by the way, communicating with some of the fire
commissioners there, it looks like they're going to consolidate
functions of the two departments until it gets on the 2014 ballot for
them for the voters to vote on.
And I think it's an opportune time for we, the Commissioners,
send a letter to North Naples Fire Department asking them to work
with Golden Gate and East Naples on their merger. So you have more
of a functional coastal consolidation.
And I've actually taken the opportunity to write a letter on behalf
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of the Chair for the Chair to sign and send to those commissioners
who a lot of them said, you know, in their public stance about merging
the fire departments. And maybe this will help them --
CHAIRWOMAN HILLER: Can you put that on the agenda?
Do an executive summary, put it on the agenda?
COMMISSIONER HENNING: No, I can bring up anything at
any time on the agenda.
CHAIRWOMAN HILLER: Right, I --
COMMISSIONER HENNING: And we can actually vote on it
on communications.
CHAIRWOMAN HILLER: Okay. Are you making a motion?
COMMISSIONER HENNING: Yeah, I make a motion that we
direct the Chairman to send a letter to the North Naples Fire
Commission, asking them to have a dialogue with East Naples and
Golden Gate Fire District to consolidate.
CHAIRWOMAN HILLER: Why are you eliminating the other
districts? Why are you eliminating like the City of Naples and the
other fire districts?
COMMISSIONER HENNING: Well, the City of Naples is a --
CHAIRWOMAN HILLER: I mean, that's a coastal district if
there ever was one.
COMMISSIONER HENNING: Yeah, but that's a consolidated
municipality and it's not an independent fire district.
COMMISSIONER FIALA: I second your motion. That's been
my big concern is that then the other departments, Golden Gate and
East Naples, for instance, but then you've got other places as well,
Immokalee or Ochopee or whomever will feel like they're not a part of
everything, because all of EMS is run by one area instead of by what
we had set out to do years ago; all of the fire departments consolidate
and all run EMS.
COMMISSIONER HENNING: Well, however, in my
discussion with some of the fire commissioners in the rural area,
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they're not interested in having a countywide fire department. They're
more looking at a urban and a rural fire district. And that might have
changed.
And if you remember, Commissioner Fiala, you were here, two
years ago that the fire department was -- North Naples Fire
Department was actually looking for the legislators to create a way for
them to have two fire districts in Collier County, a urban and a rural.
CHAIRWOMAN HILLER: One thing that has to be considered
whenever you look at fire consolidation is that pro forma financial
statements have to be prepared, which no one has ever done. And
quite frankly, the question of whether, you know, fire consolidation
makes or doesn't make sense can't be even intelligibly discussed until
that pro forma is put together. And that has never happened to date.
And that's what I keep asking for. You know, for me to say that I'm
pro or against consolidation without seeing the financial statements is
totally without merit. I mean, I wouldn't be able to fairly, you know,
support or go against such a proposal.
I think first of all pro forma consolidated financials have to be
put together for any number of combinations, whether it's urban or
rural or certain districts, you know, or three districts, whatever the
case may be. And then based on that, there should be discussion as to
moving forward when the numbers reveal themselves.
COMMISSIONER HENNING: Yeah, and Golden Gate and East
Naples are going to have a merged plan to present to the community.
COMMISSIONER NANCE: You're just asking them to engage
in a dialogue.
COMMISSIONER HENNING: Yeah, just asking them to
engage in a dialogue.
CHAIRWOMAN HILLER: Which we can certainly ask them to
do. But again, we have no jurisdiction. You know, they have their
own commissioners.
COMMISSIONER HENNING: Absolutely. We have a
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April 9, 2013
jurisdiction over EMS, but they keep on coming -- want to come to the
table to run our EMS.
CHAIRWOMAN HILLER: Well, I mean, anyone can offer. I
mean, there's a difference. Because they're not taking our jurisdiction
away, they're coming to us and they're basically saying we are
offering to run this for you.
I don't even know what their proposal is. They have not come to
me and told me anything about what type of a structure or how they
want to do anything or, you know, what you're describing. But as far
as I'm concerned, it's perfectly okay for anybody, you know, whether
it's a private company or a fire district, to come before us and say, you
know, we've got a proposal, would you consider it. Versus us telling
other commissioners that they should or should not be doing
something with respect to an issue that is 100 percent within their
legal jurisdiction.
I mean, as a courtesy, I mean, phrased properly we could suggest
that they consider looking at it. But, I mean, we legally have no right
to tell any of the fire districts what to do --
COMMISSIONER HENNING: You're right.
CHAIRWOMAN HILLER: -- except our own, you know, our
dependent districts.
COMMISSIONER HENNING: Legally we don't. Morally we
do.
COMMISSIONER NANCE: I would love to see them get
together and start putting some of the hard issues on the table and
talking about it in an open forum. I think that's the only way it's ever
going to occur.
And for that matter, that goes all the way through EMS as well. I
think we could get a dialogue started, I commend you for your effort.
I think any open dialogue we can get is going to help solve this
problem.
COMMISSIONER HENNING: Can you imagine if they agree
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April 9, 2013
to sit down with East Naples and Golden Gate and then we come back
and say hey, you know what, it sounds like it's going well, maybe we
should be a participant with EMS.
COMMISSIONER NANCE: I agree.
COMMISSIONER HENNING: But first of all, going back to the
way we historically said, you guys merge and we'll give you EMS.
Anyway, so we have a motion and a second on the floor, Madam
Chair.
CHAIRWOMAN HILLER: Any further discussion?
(No response.)
CHAIRWOMAN HILLER: In all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
You didn't vote. We didn't hear you.
CHAIRWOMAN HILLER: Yes.
COMMISSIONER NANCE: Aye. Si, 10/4, something.
CHAIRWOMAN HILLER: Don't you start or I'll start singing
again.
COMMISSIONER FIALA: Oh, no.
CHAIRWOMAN HILLER: This time it will be a different song.
Okay, anything else, Commissioner Henning?
COMMISSIONER HENNING: No. Thank you for running a
very well oiled meeting.
CHAIRWOMAN HILLER: Thank you.
I just want to comment and say that we will be bringing forward
all the good stuff on the award that we got for our success as a county
in job creation.
We essentially -- and this was a quote that was part of the press
release, but Naples Daily News did not publish but the other
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April 9, 2013
newspapers did publish, and what I said was, you know, Governor
Scott essentially laid out a very simple formula and that is, let business
be business and it will be successful. You know, less taxes, less fees,
less burdensome regulation, and basically creating a pro business
environment will allow jobs to grow. And that is what Collier County
has done and that is why Collier County has been successful in job
growth.
So it's really to be commended. I mean, the county is to be
commended for doing the right things. And, I mean, the county as a
whole, not just government, but the county as a whole for really,
really doing things the right way to bring us through this recession to
where we can proudly say we've done the right things for the right
reason.
So I will bring everything forward at the next meeting.
COMMISSIONER FIALA: It's actually exciting to see how
much progress is taking place.
CHAIRWOMAN HILLER: It's absolutely fantastic. We're very,
very lucky in the way things are going.
The other thing I want to bring up is Commissioner Nance's
agenda item with respect to the real estate in my mind was very, very
significant. You know, talking about consolidation of efforts and
basically achieving efficiencies and optimal returns for the county
goes to his recommendation.
To give you an example, in Bayshore the CRA very recently, we
farmed out the marketing and sale of certain residential properties to a
professional real estate firm, and that has been going very well.
The thought that I had after I saw Commissioner Nance's memo
on the airports, is that what we really need to do, as we do with
engineers and all other professionals we consult with that supplement
the professionals we have on staff, is to have a consolidated approach
to real estate purchases and sales for the county.
Well, we have a real estate division. What I think we need to do
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April 9, 2013
is put out an RFP to bring in professional real estate leasing and
management companies and have a list of professionals that we have
on file who when we want to go out and sale real estate or lease real
estate or buy real estate we can pick from those vendors instead of
having to come back to the Board every single time, because we do
have a lot of real estate transactions, and consolidating that effort,
which would go to everything, be it the airports or the CRAs or our
property, if we can legally do that would be a good thing.
And so I'm going to -- we don't need to discuss it now, but I will
talk to staff about it and come back hopefully with a proposal that
would allow for some sort of, you know, organized approach to
having real estate professionals on staff to getting this done. Because I
think that's the direction we need to go.
And our staff are not real estate professionals. I mean, selling,
leasing, buy real estate needs to be handled by real estate
professionals.
COMMISSIONER NANCE: Yeah, I'd like to make one more
comment.
And with respect to the airport, I can respect Commissioner
Henning and Commissioner Fiala's dissent on this agenda item. I'm
looking forward to having Mr. Ochs bring forward the agenda item on
the consultant for management of the airports. And maybe when we
see where that goes, you know, it would be appropriate to come
forward with something that can get wider support on the Commission
for the Immokalee Airport PUD.
So I can respect their positions and, you know, let's see where it
goes and see what we can do in the future to get some wider support.
CHAIRWOMAN HILLER: I really like the idea of outsourcing
to the extent we can outsource and reduce having permanent staff that
doesn't necessarily work on an issue permanently. It is a good thing to
the extent that we can outsource and bring in those professionals that
are knowledgeable in the field and do it every day, the better we're
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April 9, 2013
going to be at getting the best return for the taxpayer.
MR. OCHS: And I'm happy to do that, ma'am. I just again, for
the board's edification and I'll get beat up by staff if I don't remind
you, that you have a dedicated staff of real estate professionals which
you use that are certified appraisers and real estate --
CHAIRWOMAN HILLER: But not brokers.
MR. OCHS: Some have their broker's licenses.
CHAIRWOMAN HILLER: But they're not -- you know, there is
a difference between people having a broker's license. I have my
broker's license, okay?
MR. OCHS: Oh, I understand.
CHAIRWOMAN HILLER: But the issue is something very
different. We're talking about professionals who do this day in, day
out, who have a marketing network, who have marketing skills who
know exactly how to do it. You know, that is why we contracted with
a professional agent to sell the CRA real estate, okay, and not rely on
county staff. We do have appraisers, and even with our appraisers we
contract out to appraisers to do appraisals for us.
MR. OCHS: Sure, sure.
COMMISSIONER FIALA: But to be fiscally conservative,
wouldn't we want to use our own professionals who are certified?
CHAIRWOMAN HILLER: Well, there's a difference. Because
these people are not trained and are not networked to market the
properties the way outside professionals are.
And fiscal conservatism actually suggests outsourcing is the way
to go. Reduce the staffing, if needed, or don't hire more and instead
bring in those professionals, like we are doing. But we need to do it
on an organized county-wide basis to have a really good approach.
And I appreciate you agreeing and I really look forward to
working with you on that.
MR. OCHS: I do as well.
CHAIRWOMAN HILLER: Because I think real estate is just
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April 9, 2013
very important. I mean, it's our biggest asset.
So thank you so much. It was such a wonderful meeting and to
believe -- well, okay, ifs 1:07. I mean, noted for history.
COMMISSIONER HENNING: Motion to adjourn.
CHAIRWOMAN HILLER: Really? You sure you don't want to
stay for longer? I mean, we could come up with something else.
COMMISSIONER FIALA: Motion, second.
CHAIRWOMAN HILLER: Happy birthday. High five.
COMMISSIONER FIALA: Thanks.
CHAIRWOMAN HILLER: Meeting is adjourned.
**** Commissioner Coyle moved, seconded by Commissioner
Henning (Commissioner Henning voted to approve with the
exception of Item #16D9) and carried 4/1 (Commissioner Nance
opposed) that the following items under the Consent Agenda be
approved and/or adopted ****
Item #16A1
RESOLUTION 2013-82: ACCEPTING DEDICATIONS ON THE
PLAT OF BROOKS VILLAGE AS RECORDED IN PLAT BOOK
49, PAGES 27 AND 28 (ESTIMATED FISCAL IMPACT: $540
PER ANNUM) — PURSUANT TO THE PLAT AND NEEDED FOR
SIX-LANING COLLIER BOULEVARD BETWEEN GREEN AND
GOLDEN GATE BOULEVARDS (PROJECT #68056)
Item #16A2
AWARD CONTRACT #13-6043 TO STEWART TITLE
COMPANY AND AMERICAN GOVERNMENT SERVICES
CORPORATION FOR "REAL ESTATE TITLE & CLOSING
SERVICES — TO PROVIDE TITLE AND CLOSING SERVICES
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April 9, 2013
FOR PROSPECTIVE RIGHT-OF-WAY AND OTHER PROPERTY
ACQUISITION BY THE COUNTY FOR A 1-YEAR PERIOD
WITH THREE (3) ADDITIONAL 1-YEAR PERIODS POSSIBLE
Item #16A3
RECORDING THE FINAL PLAT OF WATERCOURSE AT TALIS
PARK (APPLICATION NUMBER PL20120002768)
Item #16A4
RECORDING THE SABAL BAY FINAL PLAT COMMERCIAL
PLAT- PHASE FOUR, AR-13453, APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY — W/STIPULATIONS
Item #16A5
STIPULATED FINAL JUDGMENT AS TO PARCEL 124FEE AS
PART OF THE US-41/COLLIER BOULEVARD INTERSECTION
IMPROVEMENT PROJECT #60116 (FISCAL IMPACT: $39,000) —
FOR THE PARTIAL TAKING OF COMMERCIAL PROPERTY
AT THE TRIANGLE/COLLIER BOULEVARD INTERSECTION,
REQUIRED FOR CONSTRUCTION OF IMPROVEMENTS
BEGINNING LATER THIS YEAR AS WELL AS A PROPOSED
GRADE-SEPARATED OVERPASS IN THE FUTURE, TO
SETTLE A LAWSUIT AGAINST NEW PLAN FLORIDA
HOLDINGS, LLC AND ELIMINATE FURTHER COSTS FOR
EXTENDED LITIGATION
Item #16A6
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April 9, 2013
EASEMENT AGREEMENT FOR ACQUISITION OF A
DRAINAGE EASEMENT (PARCEL 271DE) REQUIRED FOR
CONSTRUCTION OF THE HALDEMAN CREEK/CROWN
POINTE WEIRS SEGMENT OF LELY AREA STORMWATER
IMPROVEMENT PROJECT #51101 (EST. FISCAL IMPACT:
$14,130) — COVERING 1003 SQUARE FEET MORE OR LESS
Item #16A7
RELEASE OF LIEN IN THE AMOUNT OF $10,869.48 FOR A
PAYMENT OF $1,569.48, IN CODE ENFORCEMENT ACTION
ENTITLED BOARD OF COUNTY COMMISSIONERS VS.
ELEANOR D. VANDER MEIDEN, CODE ENFORCEMENT
CASE CEPM20120003507, FOR PROPERTY AT 346 EDGEMERE
WAY N, COLLIER COUNTY, FLORIDA — FOR HAVING AN
UNMAINTAINED POOL AND WITH PROPERTY BROUGHT
INTO COMPLIANCE BY THE COUNTY SEPTEMBER, 2012
WITH A CERTIFICATE OF TITLE RECORDED BY METLIFE
HOME LOANS IN JANUARY, 2013
Item #16A8
RELEASE OF LIEN IN THE AMOUNT OF $454,970.39 FOR A
PAYMENT OF $44,570.39, IN CODE ENFORCEMENT ACTION
ENTITLED BOARD OF COUNTY COMMISSIONERS VS.
ELINORD PIERRE, CODE ENFORCEMENT CASE NUMBER
2006050703, FOR PROPERTY LOCATED AT 186 3RD STREET,
COLLIER COUNTY, FLORIDA — FOR ILLEGAL CONVERSION
OF A STRUCTURE INTO LIVING SPACE & OVERCROWDING
WITH A CERTIFICATE OF TITLE RECORDED BY WELLS
FARGO BANK IN APRIL, 2012 ON PROPERTY BROUGHT
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April 9, 2013
INTO COMPLIANCE IN JANUARY, 2013
Item #16A9
RELEASE OF LIEN IN THE AMOUNT OF $60,803.15 FOR
PAYMENT OF $6,753.15, IN CODE ENFORCEMENT ACTION
ENTITLED BOARD OF COUNTY COMMISSIONERS VS.
PRIMITIVO LARA, CODE ENFORCEMENT CASE NUMBER
CEPM20090000375, RELATING TO PROPERTY AT 5020 27TH
PLACE SW, COLLIER COUNTY, FLORIDA — FOR AN
UNSAFE BUILDING THAT HAD BEEN CAUSED BY A FIRE
AND WITH PROPERTY BROUGHT INTO COMPLIANCE BY
THE COUNTY IN APRIL, 2010 WITH A TAX DEED ISSUED TO
SOUTHERN YIELD, LLC IN MAY, 2010 AND THE PROPERTY
SOLD TO 5020 27TH PLACE, LLC IN OCTOBER, 2012
Item #16A10
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY
FOR NORTH COLLIER REGIONAL PARK CHILDREN'S
MUSEUM (PL 20110000902) AND WALMART'S STORE
EXPANSION (PL 20110001308) AND AUTHORIZE THE
COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE
UTILITY PERFORMANCE SECURITY BOND (UPS) IN THE
AMOUNT OF $4,441.71 AND FINAL OBLIGATION BOND OF
$8,000 TO THE PROJECT ENGINEER OR THE DEVELOPER'S
DESIGNATED AGENT— DEVELOPER HAS CONSTRUCTED
WATER FACILITIES WITHIN DEDICATED EASEMENTS TO
SERVE THIS DEVELOPMENT
Item #16A11
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April 9, 2013
AWARD BID #13-6034 "NAPLES MANOR SIDEWALK
IMPROVEMENTS" TO OWEN-AMES-KIMBALL COMPANY
IN THE AMOUNT OF $730,996.08 FOR IMPROVEMENTS ON
FLORIDAN AND GEORGIA AVENUES AND HARDEE AND
JENNINGS STREET (PROJECT #33205) — INCLUDES 5-FOOT
WIDE SIDEWALKS, DRIVEWAY RECONSTRUCTION TO
MEET ADA REQUIREMENTS AND PART OF FDOT LAP
AGREEMENT #FM 429902-1 THAT REIMBURSES THE
COUNTY
Item #16Al2
COLLIER COUNTY FLOODPLAIN MANAGEMENT PLAN 2012
PROGRESS REPORT AND 2013 ACTION PLAN — THE 8TH
ANNUAL PROGRESS REPORT REQUIRED FOR COUNTY
PARTICIPATION IN THE COMMUNITY RATING SYSTEM FOR
THE NATIONAL FLOOD INSURANCE PROGRAM
Item #16A13
A LANDSCAPE MAINTENANCE AGREEMENT BETWEEN
THE COUNTY AND STRAND MASTER PROPERTY OWNER'S
ASSOCIATION FOR A BUFFER ALONG VETERAN'S
MEMORIAL BOULEVARD AND TO REDUCE PERMITTING
FEES FROM $2,000 TO $200 — TO HELP BLOCK INTERSTATE
TRAFFIC AND WILL BE MAINTAINED BY THE OWNER'S
ASSOCIATION IN EXCHANGE FOR THE REDUCED FEES
Item #16A14
A TRAFFIC SIGNAL STUDY REPORT FOR THE LAKE
TRAFFORD ROAD (CR 890) AND NORTH 19TH STREET
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April 9, 2013
INTERSECTION IN IMMOKALEE AND APPROVING THE
TRAFFIC SIGNAL INSTALLATION AND PROGRAMMING AT
THE INTERSECTION (PROJECTS #60172 AND #60016) — AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16A15
CONTRACT #13-6052, "CORONADO CANAL AND GATOR
SLOUGH CANAL BRIDGE REPAIRS" TO CSJ OF SWFL, INC.
IN THE AMOUNT OF $460,261 .95 (PROJECT #66066) — TWO OF
THE BRIDGES IDENTIFIED IN THE COUNTY'S BRIDGE
PRIORITIZATION STUDY BASED ON FDOT INSPECTION
REPORTS AND INDEPTH FIELD INVESTIGATIONS
Item #16A16
THIS IS CONTINUED FROM THE MARCH 26, 2013 MEETING.
RECOMMENDATION TO APPROVE AND AUTHORIZE THE
CHAIRWOMAN TO EXECUTE A PROMOTIONAL FUND
PRIVATE GRANT AGREEMENT IN THE AMOUNT OF
$500,000 FOR THE COUNTY'S ARTIFICIAL REEF PROGRAM,
ACCEPT DONATED PROFESSIONAL SERVICES FROM
TURRELL, HALL & ASSOCIATES INC., AND APPROVE ANY
NECESSARY BUDGET AMENDMENTS — AS DETAILED IN
THE EXECUTIVE SUMMARY
Item #16B1
RECOMMENDATION THE BOARD OF COUNTY
COMMISSIONERS (BCC) ACTING IN ITS CAPACITY AS THE
COMMUNITY REDEVELOPMENT AGENCY (CRA) BOARD
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April 9, 2013
APPROVE A BUDGET AMENDMENT TO COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY - IMMOKALEE
CRA FUND (186) BUDGET THAT REESTABLISHES FUNDING
FOR THE CRA'S COMMERCIAL FACADE IMPROVEMENT
GRANT PROGRAM — TO ACCOUNT FOR FY12 CARRY-
FORWARD FUNDS
Item #16C1 — Continued to the April 23, 2013 BCC Meeting (Per
Agenda Change Sheet)
ADVERTISE AN ORDINANCE FOR FUTURE BOARD
CONSIDERATION TO REPEAL AND REPLACE COLLIER
COUNTY RECLAIMED WATER SYSTEM ORDINANCE 98-37,
AS AMENDED, TO REFLECT CURRENT REGULATIONS AND
PRACTICES
Item #16C2 — Continued to the April 23, 2013 BCC Meeting (Per
Agenda Change Sheet)
ADVERTISE AN ORDINANCE FOR FUTURE BOARD
CONSIDERATION AMENDING ORDINANCE 2001-73, THE
COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM
BILLING, OPERATING, AND REGULATORY STANDARDS
ORDINANCE, TO PROVIDE CLARIFICATION AND
ADMINISTRATIVE CHANGES TO THE ORDINANCE
Item #16D1
SUBSTANTIAL AMENDMENT TO THE FY 11/12 COLLIER
COUNTY U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) ACTION PLAN AMENDING THE
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April 9, 2013
EMPOWERMENT ALLIANCE OF SW FLORIDA HOMEBUYER
EDUCATION PROJECT DESCRIPTION TO REMOVE A
FUNDING SOURCE REFERENCE NOT INTENDED TO BE
INCLUDED — HOME PARTNERSHIP INVESTMENT (HOME)
FUNDS WERE INCLUDED IN THE PROJECT'S DESCRIPTION
BUT WERE NOT INTENDED TO BE USED
Item #16D2
SUBSTANTIAL AMENDMENTS TO FY 11/12 AND FY 12/13
ACTION PLANS FOR REPAYMENT OF U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) HOME
INITIATIVE PARTNERSHIP (HOME) FUNDS FOR ACTIVITY
#195, CIRRUS POINTE (FY2005-2006), AND AUTHORIZE
NECESSARY BUDGET AMENDMENTS
Item #16D3
SEVEN (7) SATISFACTION OF MORTGAGE FOR STATE
HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP)
LOAN IN THE AMOUNT OF $51,610 — THIS PROGRAM
PROVIDES ASSISTANCE TO FIRST TIME HOMEBUYERS
TO USE TOWARD A PORTION OF REQUIRED DOWN
PAYMENTS AND EMERGENCY REPAIRS TO NEW HOMES;
HOMEOWNER'S MUST REPAY FUNDS UPON SALE,
REFINANCING OR LOSS OF HOMESTEAD EXEMPTION
Item #16D4
TWO (2) MORTGAGE SATISFACTIONS FOR STATE HOUSING
INITIATIVES PARTNERSHIP PROGRAM (SHIP) IN
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April 9, 2013
ACCORDANCE WITH THE BOARD'S SHORT SALE POLICY,
IN THE AMOUNT OF $2,868.60 — THE POLICY PROVIDES A
SETTLEMENT AMOUNT TOWARDS A DOWN PAYMENT OF
6% OF FUNDS LOANED, OR $6,000.00 (WHICHEVER IS LESS)
AND RECIPIENTS OF THE ASSISTANCE DO NOT RECEIVE
FUNDS FROM THE SHORT SALE
Item #16D5
A SUBSTANTIAL AMENDMENT TO THE FY12/13 COLLIER
COUNTY U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) ACTION PLAN AMENDING THE
YOUTH HAVEN SAFE AND SECURE HOME FOR COLLIER
YOUTH PROGRAM — REDUCES FUNDING FROM $956,000
TO $221,000 AND NUMBER OF CHILDREN SREVED FROM
269 TO 96 DUE TO A CHANGE IN THE PROJECT SCOPE
Item #16D6
ELECTRONIC SUBMITTAL OF SENIOR CORPS RETIRED AND
SENIOR VOLUNTEER PROGRAM (RSVP) APPLICATION FOR
FY13/14 GRANT FUNDS IN THE AMOUNT OF $54,522 WITH A
REQUIRED MATCH OF $23,367 TO THE CORPORATION FOR
NATIONAL & COMMUNITY SERVICE TO CONTINUE THE
PROGRAM AND AUTHORIZE NECESSARY BUDGET
AMENDMENTS — FOR THE GRANT PERIOD JULY, 2013 THRU
JUNE, 2014, UTILIZING LOCAL RETIRED VOLUNTEERS BY
PLACING THEM IN NON-PROFIT ORGANIZATIONS AND
COUNTY AGENCIES FOR COMMUNITY SERVICE
Item #16D7
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April 9, 2013
REQUEST FOR PROPOSAL (RFP) #13-6014, VANDERBILT
BEACH CONCESSION AND AUTHORIZE THE CHAIRWOMAN
TO SIGN A CONTRACT WITH DAY-STAR UNLIMITED, INC.
D/B/A CABANA DAN'S — A 5-YEAR TERM RENEWABLE (1)
ADDITIONAL 5-YEAR PERIOD AND WITH A 20% FEE ON
GROSS RECEIPTS FOR CONCESSIONS THAT INCLUDE SALE
AND/OR RENTAL OF UMBRELLAS, TUBES, RAFTS, FLOATS,
PADDLEBOARDS, CABANAS, BEACH CHAIRS, BEACH
RELATED SUNDRIES, CAPS, SHIRTS, JEWELRY, AND ANY
OTHER LIKE SERVICES
Item #16D8
ACCEPT THE STAFF REPORT REGARDING ACTIONS TAKEN
TO ENHANCE PAYROLL TIME CONTROL WITHIN THE
PARKS AND RECREATION DEPARTMENT RELATED TO THE
PAYROLL THEFT AT THE IMMOKALEE SPORTS COMPLEX
Item #16D9
ADVERTISE PROPOSED CHANGES THAT WOULD REPEAL
AND REPLACE ANIMAL CONTROL ORDINANCE NO. 2008-51,
AS AMENDED AND TO BE APPROVED BY THE BOARD AT A
FUTURE MEETING
Item #16E1
RECOMMENDATION TO REJECT INVITATION TO BID (ITB)
#13-6027 FOR PEST CONTROL SERVICES — MODIFICATIONS
WILL BE MADE AND SERVICES WILL BE REBID
Page 139
April 9, 2013
Item #16E2
ACCEPT A FEDERAL EMERGENCY MANAGEMENT AGENCY
ASSISTANCE TO FIREFIGHTER'S GRANT AWARD IN THE
AMOUNT OF $82,669 WITH A LOCAL MATCH OF $4,351, A
TOTAL COST OF $87,020, TO PURCHASE NEW MOBILE AND
PORTABLE RADIOS FOR OCHOPEE FIRE CONTROL
DISTRICT — CURRENT EQUIPMENT HAS REACHED ITS END
OF LIFE AND IS NO LONGER COMPLIANT WITH FCC
REGULATIONS OR NEW DIGITAL INFRASTRUCTURE
Item #16E3
RESOLUTION 2013-83: AUTHORIZING THE CANCELLATION
OF 2013 TAXES UPON A FEE-SIMPLE INTEREST COLLIER
COUNTY ACQUIRED BY PERSONAL REPRESENTATIVE'S
DEED FOR CONSERVATION COLLIER AND WITHOUT
MONETARY COMPENSATION — AN AMOUNT NOT TO
EXCEED $302.12 FOR TAXES ON A 10-ACRE DONATED
PARCEL (PARCEL NO. 00775560008)
Item #16E4
ACCEPT REPORTS AND RATIFY STAFF-APPROVED
CHANGE ORDERS AND CHANGES TO WORK ORDERS — FOR
THE PERIOD OF FEBRUARY 20, 2013 THRU MARCH 20, 2013
Item #16F1
RESOLUTION 2013-84: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO FY12/13 ADOPTED BUDGET
Page 140
April 9, 2013
Item #16G1
A TRAVEL REQUEST IN THE AMOUNT OF $1,358 FOR THE
AIRPORT AUTHORITY'S EXECUTIVE TO ATTEND FLORIDA
AIRPORTS COUNCIL ANNUAL CONFERENCE & EXPOSITION
IN ORLANDO, FLORIDA — BEING HELD JULY 28-31, 2013
Item #16H1
ADVISORY BOARD VACANCIES APRIL 1-12, 2013 — AS
DETAILED IN THE EXECUTIVE SUMAMRY
Item #16H2
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE EAST NAPLES CIVIC
ASSOCIATION LUNCHEON MARCH 21, 2013. THE SUM OF
$18 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL
BUDGET — HELD AT HAMILTON HARBOR YACHT CLUB,
7065 HAMILTON AVENUE, NAPLES, FLORIDA
Item #16H3
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE NAPLES PRESS CLUB
LUNCHEON MARCH 28, 2013. THE SUM OF $23 TO BE PAID
FROM COMMISSIONER FIALA'S TRAVEL BUDGET
Item #16I1
Page 141
April 9, 2013
MISCELLANEOUS CORRESPONDENCE TO FILE WITH
ACTION AS DIRECTED. DOCUMENT(S) HAVE BEEN
ROUTED TO COMMISSIONERS PER THEIR REQUEST AND
ARE AVAILABLE FOR REVIEW IN THE BCC OFFICE UNTIL
APPROVAL
Item #16I2
ADVISORY BOARD MINUTES TO FILE WITH ACTION AS
DIRECTED. DOCUMENT(S) HAVE BEEN ROUTED TO
COMMISSIONERS PER THEIR REQUEST AND ARE
AVAILABLE FOR REVIEW IN THE BCC OFFICE UNTIL
APPROVAL
Page 142
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
April 9, 2013
I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Miscellaneous Correspondence:
1) Immokalee Fire Control District:
5-Year Plan/Report; FY12/13 Meeting Schedule/ Bond Update for
FY11/12
2) Naples Heritage Community Development District:
May 8, 2012 Meeting Minutes
3) Heritage Greens Community Development District:
May 21, 2012 Meeting Minutes; FY13 Annual Operating Budget &
Resolution adopting that budget; FY12/13 Meeting Schedule
4) Collier County Tax Collector:
Annual Report for FY 2011/2012; Schedule of Revenue reflecting
allocation of unused fees for FYI 1/12
5) City of Marco Island:
Public meeting notice Re: water and sewer rate design structure
12.10.12
BOARD OF COUNTY COMMISSIONERS
ADVISORY BOARD MINUTES
April 9, 2013
2. ADVISORY BOARD MINUTES TO FILE FOR RECORD WITH ACTION AS
DIRECTED:
A. Minutes:
1) Animal Services Advisory Board:
Minutes of 10.16.12; 10.23.12; 10.30.12; 11.6.12
2) Bayshore Beautification MSTU Advisory Committee:
Minutes of 10.3.12
3) Bayshore/Gateway Triangle Local Redevelopment Advisory Board:
Minutes of 6.26.12; 10.2.12; 11.6.12;
4) Black Affairs Advisory Board:
Minutes of 10.22.12
5) Collier County Coastal Advisory Committee:
Minutes of 1.18.12 (Wiggins Pass Subcommittee); 3.19.12 (Wiggins
Pass Subcommittee); 5.22.12 (Wiggins Pass Subcommittee); 10.8.12
(Wiggins Pass Subcommittee); 11.8.12;
6) Collier County Code Enforcement Board:
Minutes of 11.2.12 (Special Magistrate)
7) Collier County Planning Commission:
Agenda of 10.4.12; 10.30.12 (EAR); 11.1.12
Minutes of 10.4.12; 10.30.12 (EAR); 11.1.12
8) Contractors Licensing Board:
Minutes of 10.17.12
9) Development Services Advisory Committee:
Minutes of 11.7.12
10) Environmental Advisory Council:
Minutes of 10.3.12
11) Forest Lakes Roadway and Drainage Advisory Committee:
Agenda of 11.6.12
Minutes of 10.2.12
12) Golden Gate Beautification Advisory Committee:
Agenda of 11.20.12
Minutes of 9.18.12
13) Immokalee Local Redevelopment Advisory Board:
Agenda of 11.14.12
Minutes of 10.17.12
14) Lely Golf Estates Beautification Advisory Committee:
Agenda of 11.15.12
Minutes of 10.18.12
15) Library Advisory Board:
Minutes of 12.7.11; 2.15.12; 9.19.12
16) Ochopee Fire Control District Advisory Committee:
Minutes of 9.10.12; 11.13.12
17) Pelican Bay Services Division Board:
Agenda of 9.5.12; 11.7.12; 12.5.12; 12.10.12 (Landscape Water
Subcommittee); 12.10.12 (Clam Bay Subcommittee); 12.27.12
(Clam Bay Subcommittee); 1.2.13
Minutes of 9.5.12; 9.24.12 (Ad Hoc Comm Pathways Trees); 10.9.12
(Clam Bay Subcommittee); 10.18.12 (Landscape Water
Subcommittee); 11.7.12
18) Radio Road Beautification Advisory Committee:
Agenda of 11.19.12
Minutes of 9.10.12; 10.8.12
19) Tourist Development Council:
Minutes of 2.17.12 (Special Session); 2.27.12; 3.16.12 (Special
Session); 3.26.12; 4.11.12 (Special Session); 4.30.12; 5.29.12;
6.25.12; 7.23.12; 8.21.12; 11.26.12
20) Water and Wastewater Authority:
Minutes of 7.30.12
April 9, 2013
Item #16J1
DISBURSEMENTS FOR THE PERIOD OF MARCH 14, 2013
THROUGH MARCH 20, 2013 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J2
DISBURSEMENTS FOR THE PERIOD OF MARCH 21, 2013
THROUGH MARCH 27, 2013 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J3
USING $25,000 FROM CONFISCATED TRUST FUNDS TO
SUPPORT THE "COLLIER 211" CAMPAIGN — A COMMUNITY
INFORMATION AND REFERRAL SERVICE AVAILABLE TO
RESIDENTS & VISITORS IN THE COUNTY
Item #16K1
MEDIATED SETTLEMENT AGREEMENT WITH BUSINESS
OWNERS FOR WEST STORES, INC., AND L & R RAM, LLC,
AND A STIPULATED FINAL JUDGMENT TO BE DRAFTED
INCORPORATING SAME TERMS & CONDITIONS AS THE
MEDIATED SETTLEMENT AGREEMENT AWARDING
$110,000 WHICH RESOLVES ALL CLAIMS FOR PARCELS
162DE AND 162TCE IN THE LAWSUIT STYLED COLLIER
COUNTY V. MAX CAP, INC., ET AL., CASE NO. 12-CA-1749-CA;
PARCELS 166DE AND 166TCE IN THE LAWSUIT STYLED
COLLIER COUNTY V. HOLISTIC HEALTH HEALING, INC., ET
AL., CASE NO. 12-CA-1756-CA AND PARCELS 157DE AND
Page 143
April 9, 2013
157TCE IN COLLIER COUNTY V. L & R RAM LLC, ET AL., CASE
NO. 12-CA-1828-CA (US41 DITCH/NAPLES MANOR CANAL/
LASIP PROJECT #51101) (FISCAL IMPACT: $93,970)
Item #16K2
STIPULATED FINAL JUDGMENT FOR COMPLETE AND
FINAL SETTLEMENT AS TO PARCELS 174DE AND 176DE, IN
THE COMBINED AMOUNT OF $67,679.50, IN THE LAWSUIT
STYLED COLLIER COUNTY V. RJJ, LLP ET AL., CASE NO.
12-CA-1933 (US 41 DITCH/NAPLES MANOR CANAL/LASIP
PROJECT #51101) (FISCAL IMPACT $33,479.50)
Item #16K3 — Moved to Item #12A (Per Agenda Change Sheet)
****Commissioner Fiala moved, seconded by Commissioner Coyle
and carried unanimously that the following items under the Summary
Agenda be adopted ****
Item #17A
RESOLUTION 2013-85: DESIGNATING THE CLOSE-OUT OF
TWELVE (12) ADOPTED PLANNED UNIT DEVELOPMENTS
(PUDS) THAT HAVE FULLY COMPLETED DEVELOPMENT
PURSUANT TO DEVELOPMENT ORDERS CONSTRUCTING
UP TO THE AUTHORIZED DENSITY AND/OR INTENSITY
AND HAVE BEEN FOUND BY COUNTY STAFF TO BE
COMPLIANT WITH THEIR SPECIFIC DEVELOPER
COMMITMENTS — FOR THE PUDS: AIRPORT PLAZA, PINE
RIDGE MIXED USE CENTER, DAVINCI ESTATES IN OLDE
CYPRESS, TARPON COVE, GLEN EDEN ON THE BAY,
TIMBERWOOD, LAURELWOOD, WHITTENBERG, MADIERA,
Page 144
April 9, 2013
WHITTENBERG ESTATES, PARK CENTRAL NORTH AND
WILLOUGHBY GARDENS
Item #17B
RESOLUTION 2013-86: DESIGNATING THE CLOSE-OUT OF
THREE (3) ADOPTED PLANNED UNIT DEVELOPMENTS
(PUDS) THAT HAVE FULLY COMPLETED ALL OR PORTIONS
OF THEIR DEVELOPMENT AND HAVE CONSTRUCTED UP
TO THE AUTHORIZED DENSITY AND/OR INTENSITY, AND
HAVE BEEN FOUND BY COUNTY STAFF TO HAVE ONLY
ONE RELEVANT TRANSPORTATION COMMITMENT
REMAINING — FOR THE PUDS: STERLING OAKS, WIGGINS
BAY AND WILDWOOD ESTATES
Item #17C
ORDINANCE 2013-26: AMENDING ORDINANCE 03-54, AS
AMENDED, THE ROYAL PALM INTERNATIONAL ACADEMY
PLANNED UNIT DEVELOPMENT (PUD); BY REDUCING THE
SIZE OF THE SCHOOL CAMPUS FROM 50 TO 11 ACRES; BY
MOVING THE PERMANENT CAMPUS TO THE EAST SIDE OF
LIVINGSTON ROAD; BY REDUCING STUDENT POPULATION
FROM 1,250 TO 500 STUDENTS; BY REDUCING THE CAMPUS
BUILDING HEIGHT TO 50 FEET; BY AMENDING THE
MASTER PLAN; BY DELETING THE SURFACE WATER
MANAGEMENT PLAN; BY ADDING DEVIATIONS AND
REVISING AND DELETING DEVELOPER COMMITMENTS.
THE PROPERTY IS LOCATED ON LIVINGSTON ROAD IN
SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA CONSISTING OF 163± ACRES;
AND BY PROVIDING AN EFFECTIVE DATE. (PETITION
Page 145
April 9, 2013
PUDA-PL20120001225
Item #17D
THIS ITEM CONTINUED FROM THE MARCH 12, 2013 BCC
MEETING AND IS FURTHER CONTINUED TO THE APRIL 23,
BCC MEETING. PETITION VAC-PL20120002564, TO
DISCLAIM, RENOUNCE AND VACATE COUNTY AND
PUBLIC INTEREST IN A PORTION OF AN UPLAND
RECREATIONAL OPEN SPACE EASEMENT (U.R.O.S) BEING
A PART OF TRACT "S" OF EMBASSY WOODS GOLF AND
COUNTRY CLUB AT BRETONNE PARK, PHASE ONE, PLAT
BOOK 17, PAGES 47 THROUGH 49 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA, BEING A PART OF
SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, MORE SPECIFICALLY SHOWN
IN EXHIBIT A AND APPROVE GRANT OF EASEMENT TO
REPLACE THE VACATED U.R.O.S. EASEMENT
Item #17E
ORDINANCE 2013-27: A CONSOLIDATED ORDINANCE
ESTABLISHING THE COLLIER COUNTY SHIP LOCAL
HOUSING ASSISTANCE PROGRAM THAT REPEALS STATE
HOUSING INITIATIVE PARTNERSHIP (SHIP) PROGRAM
ORDINANCE (ORDINANCE NO. 93-19, AS AMENDED) AND
AFFORDABLE HOUSING ADVISORY COMMITTEE
ORDINANCE 91-65, AS AMENDED
Page 146
April 9, 2013
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 1 :07 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRI STS UNDER ITS CONTROL
at`
r / i /
J
GEO IA A. HILLER, ESQ., CHAIRWOMAN
ATTEST:
DWIGHT .=7BROCK, CLERK
• : & A4AOC ,
Attest/20g .. qr01110
signature only.
These minutes approved by the Board on MI tut-, 2&13 , as
presented ✓ or as corrected .
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING, INC. BY CHERIE' R. NOTTINGHAM, CSR.
Page 147