BCC Minutes 06/11/2013 R BCC
REGULAR
MEETING
MINUTES
JUNE 11 , 2013
June 11, 2013
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, June 11, 2013
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board(s) of such
special districts as have been created according to law and having
conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
CHAIRWOMAN: Georgia Hiller
Tom Henning
Tim Nance
Donna Fiala
Fred Coyle
ALSO PRESENT:
Leo Ochs, County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal Kinzel, Clerk's Finance Director
Mike Sheffield, Business Operations Manager - CMO
Troy Miller, Communications & Customer Relations
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
June 11, 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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June 11,2013
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. Pastor Michael Bannon - Crossroads Community Church
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. May 14, 2013 - BCC/Regular Meeting
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June 11,2013
3. SERVICE AWARDS
4. PROCLAMATIONS
A. Proclamation designating June 17-21, 2013, National Small Business Week
in Collier County and recognizing the 25th Anniversary of SCORE Naples.
To be accepted by George Ahearn, SCORE Chairman; Karl Williams,
SCORE Vice-Chairman; Richard Federman, SCORE Director of Education;
Nef Espinosa, SCORE Director of Marketing; Vin Izzi, SCORE Community
Outreach; and Andre Lehmann, SCORE Client and Counselor Services.
Sponsored by Commissioner Fiala.
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for June, 2013
to Naples Network Services LLC d/b/a MyEnviro.com. To be accepted by
Kevin and Michelle Borders, Owners.
B. Presentation by David Crawford, Planner IV and Sean McCabe, Planning
Consultant of the Southwest Florida Regional Planning Council - Draft
Report entitled "Legal and Regulatory Reform to Increase Government
Efficiency on Rural Areas of Critical Economic Concern in Southwest
Florida". (Commissioner Nance)
C. Recommendation to recognize Christopher Wiggins, Maintenance
Specialist, Airport Authority, Immokalee Airport, as Employee of the
Month for May, 2013.
6. PUBLIC PETITIONS
A. Public Petition from Randall J. Cohen regarding "E-Mail from Mr. Mike
Sheffield to Katie Albers, Naples Daily News, dated April 26, 2013 at
3:11 p.m., Mr. Casalanguida's entire personnel file as back-up material and
the recommendation from HR Generalist Glama missing from the file is a
focal point of the presentation and missing documents."
B. Public Petition from Randall J. Cohen "pertaining to Human Resource
specific application for Employment and Recommendations to the BCC by
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June 11,2013
the County Manager." (Petition deemed non-repetitive by Board majority
on May 14, 2013.)
C. Public Petition request from Randall J. Cohen regarding "Appointment of
Stan Chryzanowski to DSAC. Items not presented to BCC as background
material which would affect his ethics, credibility, and decision making."
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
A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to consider an Ordinance of
the Board of County Commissioners of Collier County, Florida amending
Ordinance Number 03-51, as amended, Wentworth Estates Mixed Planned
Unit Development (MPUD), by increasing permissible number of dwelling
units from 1,200 to 1,450; by amending Ordinance 2004-41, the Collier
County Land Development Code by amending the appropriate zoning atlas
map or maps by changing the zoning classification of an additional 5.3±
acres of land zoned Rural Agricultural (A) to the Wentworth Estates MPUD;
by revising the Development Standards to make changes including an
elimination of the medium height density residential use which allowed
90.0 feet in zoned building heights and an increase in building height for
medium density residential from 45 feet zoned height to 50 feet zoned
height; defining zoned height and actual height; providing for deletion of
exhibits including Exhibit "A" Location Map, Exhibit "B" Boundary Sketch
and Legal Description, Exhibit "C" Existing Conditions Map, Exhibit "D"
Topographic Map, Exhibit "E" Area Wide Community Services Map,
Exhibit "F" Aerial Photograph, Exhibit "G" Preliminary Drainage Plans and
Details, Exhibit "H" Preliminary Sewer Plans, Exhibit "I" Preliminary Water
Plans, and Exhibit "K" Bald Eagle Management Plan; by amending the
Master Plan; and adding Exhibit "A" Development Standards, Exhibit "B"
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June 11, 2013
MPUD Master Plan, Exhibit "C" Deviations, and Exhibit "D" Water
Management Basins, and revising Developer Commitments. The property is
located on the southwest side of Tamiami Trail East (US 41) approximately
1-1/4 miles southeast of the intersection of Tamiami Trail East (US 41) and
Rattlesnake Hammock Road (CR 864) in Sections 29, 30, 31, 32, Township
50 South, Range 26 East, and Section 5, Township 51 South, Range 26 East,
Collier County, Florida consisting of 1563.84± acres; and by providing an
effective date. (PUDA-PL20120001126)
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Public Transit Ad Hoc Advisory Committee.
B. Appointment of two Commissioners to serve on the Value Adjustment
Board (VAB).
C. Appointment of member to the Immokalee Enterprise Zone Development
Agency.
D. Reconsideration by Commissioner Henning of Item #14B1 from the
May 28, 2013 BCC Meeting titled: Recommendation the Board of County
Commissioners (BCC), acting in its capacity as Community Redevelopment
Agency (CRA), approve relocation of the Immokalee CRA Office, authorize
giving notice to the CRA's current landlord of its intent not to renew the
existing lease agreement, approve entering into a lease agreement for office
space with the Southwest Florida Workforce Development Board, Inc., and
authorize the CRA Chair to sign the lease agreement with an annual CRA
rent expenditure not-to-exceed $21,766.32. (750 S. Fifth Street, Immokalee)
E. Recommendation for the Board of County Commissioners to participate in
fire consolidation negotiations with East Naples and Golden Gate Fire
Control and Rescue Districts to develop appropriate and effective lines of
communication and cooperation with EMS and determine the level of EMS
involvement after consolidation and board designate a BCC representative
to participate on its behalf with the County Manager and appropriate staff
and to direct the County Manager to negotiate with East Naples and Golden
Gate Fire Districts to release fire plan review and inspection responsibilities
to the Growth Management Division. (Commissioner Henning)
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June 11,2013
11. COUNTY MANAGER'S REPORT
A. Recommendation to approve Category "A" Tourist Development Council
Grant applications from the City of Naples, the City of Marco Island and
Collier County for FY-2013/2014 in the amount of$16,798,593 and
authorize the Chairwoman to sign grant agreements following County
Attorney's approval, and make a finding that these expenditures will
promote tourism. (Bill Lorenz, Natural Resources Director)
B. Recommendation to 1) adopt a Bond Resolution authorizing Collier County
Water-Sewer District to incur a fixed interest rate, non-bank qualified term
loan through issuance of its Water and Sewer Refunding Revenue Bond,
Series 2013 in an amount not to exceed $19,000,000 to provide for the
refunding of outstanding Water and Sewer Refunding Revenue Bonds,
Series 2003B; 2) approve PNC Bank, National Association, as the qualified
financial institution to provide a fixed interest rate bank-qualified tax exempt
term loan to provide refunding of the Collier County Water-Sewer District's
Refunding Revenue Bond, Series 2003B at a lower interest rate; and 3)
authorize the County Manager or his designee to sign the rate lock letter.
(Joe Bellone, Utility Finance Operations Director)
C. Recommendation to award Invitation to Bid (ITB) #12-5974R, Concrete,
Road, Sidewalk Curb and Floor Installation & Repair to BQ Concrete, LLC
as primary vendor and Bonness, Inc. as secondary vendor, and authorize the
Chairwoman to sign the agreements. (Travis Gossard, Road Maintenance
Superintendent)
D. Recommendation to award Bid #13-6065 "South County Water Reclamation
Facility Grit Systems/EQ Pumps Modifications," to D.N. Higgins in the
amount of$1,548,000 Project No. 70089, South County Water Reclamation
Facility Compliance Assurance Project. (Tom Chmelik, Public Utilities
Engineering Director)
E. Recommendation to adopt a resolution authorizing condemnation of those
perpetual and temporary easement interests necessary for the construction of
stormwater improvements known as "Crews Road, Cope Lane and Sandy
Lane/Wing South Interconnect" segment of the Lely Area Stormwater
Improvement Project No. 51101. Estimated fiscal impact: $850,000.
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June 11,2013
(Margaret Bishop, Transportation Engineering Sr. Project Manager)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
1) This item to be heard at 10:30 a.m., immediately followed by Items
#14A2, #14A3, #14A4 and#14A5. Recommendation that the Collier
County Airport Authority adopts a Resolution and amends Section 4
(Fire and Safety) of the Airport's Rules and Regulations. This item is
a companion to Item #14A2. (Commissioner Henning)
2) Recommendation that the Board of County Commissioners, in its
capacity as Collier County Airport Authority, approves the request of
Fletcher Flying Service, Inc. to Hot Fuel in accordance with the plan
and insurance. This item is a companion to Item #14A1.
(Commissioner Henning)
3) Recommendation the Board of County Commissioners acting as
the Collier County Airport Authority approves the following three
agreements with Fletcher Flying Services, Inc.: (1) First Amendment
to a Corporate Hangar License Agreement dated December 18, 2007;
(2) First Amendment to a Commercial Aeronautical Operations
License Agreement dated May 16, 2006 and (3) Tie Down
Agreement. (Commissioner Henning)
4) Recommendation Collier County Airport Authority adopts a
Resolution and amends its Airport Rules and Regulations by adding
a Fair Treatment Policy. (Commissioner Henning)
5) Recommendation to direct the Airport Authority Executive Director
to modify Immokalee and Everglades Airport operations by
September 1, 2013 to enable the airports to become self-sustained
and the Executive Director to bring back to the Board of County
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June 11,2013
Commissioners at the July 9, 2013 Meeting an operations plan and
financial report for review to achieve the following: (1) staff reduction
plan to reduce staff at Immokalee Regional Airport from 5 FTE to 1.5
FTE and provide a written feasibility analysis to reduce Everglades
Airport staff level to a .5 FTE; (2) Adopt an Immokalee Regional
Airport ramp fee of$25 in lieu of meeting a new fuel purchase
minimum of 5 gallons for landing aircraft; (3) Adopt a single flowage
fee for fuel regardless of volume or fuel source; (4) Develop a pre-
paid fuel card program to increase funds collected in advance and
establish an entirely self-service fuel program without need for staff.
Develop a pre-paid fuel card discount system based on purchase
volumes; and (5) Partner with Immokalee Community Redevelopment
Agency (CRA) by moving CRA offices to Immokalee Regional
Airport's management office and utilize CRA staff as airport
customer service support in lieu of rent to offset staff reductions.
(Commissioner Henning)
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 approve a subordination agreement and
conveyance of utility easements to Florida Power & Light Company,
required for the relocation of its facilities in conflict with proposed
intersection improvements at US 41 and Collier Boulevard.
(Project No. 60116.) Estimated fiscal impact: $45,100.
2) Recommendation to award Invitation to Bid (ITB) #12-5857R
"Nuisance Abatement Services," to FA Remodeling & Repairs, Inc.,
Oliva Enterprises and Neal's Lawn and Landscaping Maintenance,
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June 11,2013
Inc. and authorize the Chairwoman to sign the resultant contracts.
3) Recommendation to approve the release of lien in the amount of
$66,382.47 for payment of$1,332.47, in Code Enforcement Action
entitled Board of County Commissioners vs. Erasmo Armando
Aragon, Code Enforcement Board Case Number CEPM20110016069,
relating to property at 5235 32nd Ave SW, Collier County, Florida.
4) 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 recording the final plat of Bella Firenze, Application Number
PL20120002425, approve the standard form Construction and
Maintenance Agreement and approve the amount of the performance
security.
5) Recommendation to terminate Agreement No. MOA100, as amended,
between Florida Department of Environmental Protection (FDEP) and
Collier County and assign a License Agreement to FDEP for ozone
monitoring at Laurel Oak Elementary.
6) Recommendation to accept a donation including but not limited to
water quality test reports, aquatic plants and floating interlocking mats
from the Water Symposium of Florida to investigate water quality in
Collier County stormwater detention ponds at an estimated value of
$2,000.
7) Recommendation to provide a refund in the amount of$14,830 to
Welsh Companies Florida, Inc. for a withdrawn Growth Management
Plan Amendment petition.
8) Recommendation to approve offsite removal of excess fill from the
Naples Reserve RPUD pursuant to Ordinance Number 12-29, Exhibit
F, Transportation paragraph "D" and consistent with Commercial
Excavation permit PL 20120002540.
9) Recommendation to approve development and execution of
Temporary Beach Restoration Easements (TBRE) with beachfront
property owners for the FY13/14 Vanderbilt, Park Shore and Naples
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June 11, 2013
beach renourishment program and reaffirm existing Board of County
Commissioners' policy that no renourishment will occur landward
of the Erosion Control Line (ECL) on private property without an
executed Temporary Beach Restoration Easement (TBRE), authorize
the Chairwoman to execute the Resolution for TBRE, and make a
finding that this project and expenditure promotes tourism.
10) Recommendation to revise membership of the RESTORE Evaluation
Committee (Committee) to include only non-county staff members,
establish the Committee by Resolution as an Ad-hoc committee, and
formally appoint Committee members.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation the Board of County Commissioners (BCC) as the
Community Redevelopment Agency provide after-the-fact approval
of submittal of a Community Development Block Grant application
to Collier County to fund the Bayshore Gateway Triangle CRA Fire
Suppression Infrastructure System Upgrade Project in the amount
of$344,300, authorize the CRA Board Chairman to execute the
Subrecipient Agreement if the grant is awarded, and approve all
necessary budget amendments.
2) Recommendation the Collier County Board of County Commissioners
(BCC), acting as Community Redevelopment Agency (CRA) Board
approve after-the-fact submittal of a Community Development Block
Grant (CDBG) application to Collier County Housing & Human
Services to augment business support, resources, services and
technical assistance provided through the Immokalee Business
Development Center (IBDC) in the amount of$140,000, authorize
the CRA Board Chairman to execute the subrecipient agreement, if
grant is awarded, and approve all necessary budget amendments.
3) Recommendation the Board of County Commissioners, acting as the
Community Redevelopment Agency, approves a lease agreement with
Hodges University, Inc. to house Immokalee's Business Development
Center at a not-to-exceed rent expenditure of$600 through its term.
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June 11,2013
C. PUBLIC UTILITIES DIVISION
1) Recommendation to waive competition and standardize procurement
of the proprietary odor control chemical Aktivox, provided by
Siemens Corporation.
2) Recommendation to authorize a budget amendment in the amount of
$535,994 for design and construction services for Aquifer Storage and
Recovery Well No.2 of Irrigation Quality Water Aquifer Storage and
Recovery Project No. 74030.
3) Recommendation to approve a work order in the amount of
$708,934.50 to Quality Enterprises under RFQ#08-5011-89 to
complete interconnect of Livingston Road Supplemental Wells to
the Collier County Irrigation Quality Water System; IQ Water Source
Integration Project#74405 and authorize the necessary budget
amendment.
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve four (4) signature authority forms for
submittal to the Florida Department of Economic Opportunity for
Disaster Recovery grants.
2) Recommendation to approve a State Housing Initiative Partnership
(SHIP) release of lien for an owner occupied affordable housing
dwelling unit that has been repaid in full.
3) Recommendation to approve the FY13 Program of Projects and
the submittal of a grant application through the Federal Transit
Administration (FTA) Transportation Electronic Award Management
(TEAM) System for FTA, 49 U.S.C. § 5307 FY13 grant funds
estimated at $2,857,524.
4) Recommendation to approve the FY13 Program of Projects and
the submittal of a grant application through the FTA Transportation
Electronic Award Management (TEAM) System for FTA, 49 U.S.C. §
5339 FY13 grant funds estimated at $353,562.
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June 11, 2013
5) Recommendation to approve submittal of a grant application through
the Federal Transit Administration (FTA) Transportation Electronic
Award Management (TEAM) System for 2012/2013 Federal Highway
Administration (FHWA) Flexible Funds in the amount of$1,186,055.
6) Recommendation to award Invitation to Bid (ITB) #12-5976 "Golden
Gate MSTU/MSTD Grounds Maintenance" to Hannula Landscape &
Irrigation, Inc.
7) Recommendation to award Invitation to Bid (ITB) #13-6090 "Radio
Road East MSTU Roadway Landscape Maintenance" to Affordable
Landscaping Service & Design, LLC.
8) Recommendation to award Invitation to Bid (ITB) #13-6072
"Vanderbilt Beach MSTU Roadway Grounds Maintenance" to Florida
Land Maintenance, Inc. d/b/a Commercial Land Maintenance, Inc.
9) Recommendation to award Invitation to Bid (ITB) #13-6092, Parks
and Recreation Department Softball Officials.
10) Recommendation to authorize payment of a $10,902.38 Invoice for
public use of Sovereignty Submerged Lands at Goodland Boat Park
and approve submittal of the 2012/2013 Florida Annual Gross Income
Reporting Form to Florida Department of Environmental Protection.
11) Recommendation to approve a budget amendment in the amount
of$91,188 for continuation of services and accept grant funds for
Year 2 for the Retired Senior Volunteer Program (RVSP) from the
Corporation for National and Community Service.
12) Recommendation to approve an amendment to the FY 12-13
agreement between Collier County and Youth Haven for a
Community Development Block Grant (CDBG) project to remove
completion of the shelter expansion.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to approve the purchase of Group Life insurance,
Accidental Death insurance, Long Term Disability insurance and
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June 11,2013
Short Term Disability Claims Administration Services in an estimated
annual amount of$721,811, a reduction of$212,642.
2) Recommendation to accept grant proceeds from a Wal-Mart
Community Grants Program in the amount of$500 for the
Hug-A-Tree Program and approve a budget amendment.
3) Recommendation to approve Amendment No. 08 to the Agreement
with Collier County District School Board for the Driver Education
Program and authorize the necessary budget amendment.
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.
2) Recommendation to approve an amendment to the December 3, 2002
Contribution Agreement, relating to Sierra Meadows development, by
providing that impact fee credits will run with the land in perpetuity,
interest free, until used or assigned and providing for allocation of the
credits as required by the agreement.
3) Recommendation to authorize the Chairwoman, as a member of the
Southwest Florida Job Training Consortium, to approve the Southwest
Florida Workforce Development Board, Inc., proposed FY13/14
budget provided for in the Workforce Investment Act Second
Amended and Restated Interlocal Agreement for the Southwest
Florida Job Training Consortium.
4) Recommendation to direct the County Manager, or his designee and
County Attorney to prepare required program agreements with
Haynes Corporation and JL South Properties, LLC for the Fee
Payment Assistance Program, Job Creation Investment Program
and Job Retention Investment Program, consistent with the company's
approved incentive application, for consideration by the Board of
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June 11, 2013
County Commissioners at a future meeting.
G. AIRPORT AUTHORITY
1) Recommendation to approve the Standard Form Lease Agreement
between Southern Illinois Custom Aerial, LLC and the Collier County
Airport Authority for improved property at the Immokalee Regional
Airport.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Naples Press Club Luncheon on May 23, 2013. The sum
of$23 to be paid from Commissioner Fiala's travel budget.
2) Commissioner Hiller requests Board Approval for Reimbursements
Regarding Attendance at Functions serving a Valid Public Purpose.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous correspondence to file with action as directed.
Document(s) are available for review in the BCC Office until
approval.
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of May 16,
2013 through May 22, 2013 and for submission into the official
records of the Board.
2) To obtain Board approval for disbursements for the period of May 23,
2013 through May 29, 2013 and for submission into the official
records of the Board.
K. COUNTY ATTORNEY
1) Recommendation to approve and authorize the Chairwoman to
execute a Settlement Agreement in the lawsuit entitled Lowe's Home
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June 11,2013
Centers, Inc., v. Kohl's Department Stores, Inc., et al., filed in the
Twentieth Judicial Circuit in and for Collier County, Florida (Case
No. 08-6373-CA).
2) Request authorization to advertise an ordinance for future
consideration which would amend Ordinance No. 2007-44, as
amended, the "Collier County Consolidated Code Enforcement
Ordinance."
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to consider a Resolution
amending Resolution No. 90-292 (Development Order 90-3, as amended)
for the Halstatt/Grey Oaks Development of Regional Impact by providing
for: Section One, Amendments to Development Order by (A) extending the
Phase III completion date, the build-out date and the expiration date; and (B)
revising references regarding the monitoring report requirement; Section
Two, Findings of Fact; Section Three, Conclusions of Law; and Section
Four, Effect of Previously Issued Development Orders, Transmittal to
Department of Economic Opportunity and Effective Date. The subject
property is located at the intersection of Golden Gate Parkway and Airport-
Pulling Road in Sections 24, 25 and 26, Township 49 South, Range 25 East,
Collier County, Florida. (Petition DOA-PL20130000492)
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June 11, 2013
B. Recommendation to approve an amendment to Collier County Ordinance
No. 96-84, as amended (the Radio Road Beautification Municipal Service
Taxing Unit), to incorporate provisions to facilitate improvements to the
Rich King Memorial Greenway within the MSTU boundaries.
C. Recommendation to adopt an ordinance amending Ordinance No. 2001-73,
the Collier County Water-Sewer District Uniform Billing, Operating, and
Regulatory Standards Ordinance, to provide clarifications, administrative
changes, and codification of existing county ordinances.
D. Recommendation to approve (1) an Ordinance repealing and replacing
Ordinance No. 98-37, as amended; (2) a revised Irrigation Quality Water
Policy; (3) standardized Agreements for Delivery and Reuse of Irrigation
Quality Water for Major Users and for Basic Users; and, (4) a Resolution
authorizing the Chair of the Board of County Commissioners to execute
Board-approved Irrigation Quality Water Major User Agreements.
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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June 11,2013
June 11, 2013
CHAIRWOMAN HILLER: I'm calling this meeting to order.
Good morning.
Let's begin with the invocation to be led by Pastor Michael
Bannon of Crossroads Community Church, followed by the Pledge of
Allegiance to be presented by County Attorney Klatzkow.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE
PASTOR BANNON: Let's pray. Oh, Lord, it is good to give
thanks to you, to sing your praises, to declare your steadfast love in
the morning and your faithfulness by night.
Lord god, thank you for blessing us with this beautiful county in
which to live. Thank you for the beauty of it. Thank you for the
communities that are being built that are fine places to live.
And, Lord God, I pray that you would be pleased to glorify
yourself this morning in our midst by blessing our commissioners with
great wisdom and insight into the task at hand, help them, Lord God,
to make decisions that are for our welfare, for the betterment of our
community.
Help us as well, Lord God, as residents of this community, to be
partners with them, to not just shirk our duty as well, to take up the
task and to be faithful citizens.
Lord God, we commit this meeting to you. Praying, Lord God,
that you would, again, glorify yourself, and that the decisions made
here would last into the years as good decisions.
We give you thanks for what you'll do. Amen.
(The Pledge of Allegiance was recited in unison.)
CHAIRWOMAN HILLER: County Manager?
MR. OCHS: Good morning, Madam Chairwoman,
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June 11, 2013
Commissioners.
Item #2A
APPROVAL OF TODAY'S CONSENT AGENDA AS AMENDED
(EX PARTE DISCLOSURE PROVIDED BY COMMISSION
MEMBERS FOR CONSENT AGENDA) — APPROVED AND/OR
ADOPTED W/CHANGES
These are the proposed agenda changes for the Board of County
Commissioners' meeting of June 11, 2013.
The first proposed change is to add Item 10F under Board of
County Commissioners. It's a discussion of correspondence between
the North Naples, East Naples, and Golden Gate Fire Control and
Rescue District regarding potential merger opportunities, and that was
added at Commissioner Hiller's request.
The next proposed change is to withdraw Item 16A9 having to do
with the acquisition of temporary beach restoration easements related
to the upcoming beach renourishment project. That's withdrawn at
staffs request while we work through some details with the County
Attorney's Office.
The next proposed change is to continue Item 16G1 to the June
25, 2013, Board of County Commissioners' meeting. It's a standard
form lease agreement at the Immokalee Regional Airport, and that
request is made at the -- your airport authority's staff request.
And one item that I do not have on here, Madam Chair, but it
may be worth mentioning, I know the commissioners received an
email from Mr. Chrzanowski, who is the subject of one of your public
petitions this morning; Item 6C, to be specific. It's a bit unusual, he is
not the petitioner, but was named as, essentially, the subject of a
petition.
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June 11, 2013
He is unable to be here. I'd ask that that item be rescheduled for
a subsequent meeting, I believe the June 25th meeting. So I'll leave
that either to the board or in consultation with your county attorney to
discuss.
CHAIRWOMAN HILLER: If I may.
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: My thoughts on that are that we
ought to hear the petitioner's request on this this morning, and the
reason being, that we're not going to have a discussion or a debate on
the merits of what the petitioner is proposing but, rather, we as a board
are merely considering whether we even want to address this issue.
And if the board decides that, you know, this question has
already been asked and answered to the board's satisfaction, then we
might not want to hear it, at which point, you know, continuing this
would be moot.
MR. OCHS: Yes, ma'am, I understand. Thank you.
CHAIRWOMAN HILLER: So I would like to recommend to the
board that we just proceed with that discussion.
Commissioner Henning, would you like to comment on that?
COMMISSIONER HENNING: Yeah, I agree with that. It's a
resident's petition. It should be heard; however, his petition -- Mr.
Cohen's petition on 6A and 6B has nothing to do with the Board of
Commissioners and has to do with the county manager and his agent.
And the board should not be interfering; therefore, I see no reason
why that can't be -- these all can't be addressed in one petition. And
he can address that and use his eight minutes.
So I'm going to make a motion to approve today's regular agenda
with the add-on, and Mr. Cohen's petition to the Board of
Commissioners receive 10 minutes.
And that is going by our ordinance. Is that right, Jeff?
MR. KLATZKOW: Your ordinance is silent. You have a
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June 11, 2013
resolution that allows him up to 10 minutes.
COMMISSIONER HENNING: Allows a public petitioner 10
minutes?
MR. KLATZKOW: Up to.
COMMISSIONER HENNING: Up to 10 minutes?
MR. KLATZKOW: Up to 10 minutes, yes.
COMMISSIONER HENNING: Okay.
CHAIRWOMAN HILLER: So let me -- before we continue,
Commissioner Fiala, would you like to comment? I wanted to ask a
few questions of the county attorney, but would you like to comment
first?
COMMISSIONER FIALA: I will, and then your questions will
probably coincide with what I'm going to be saying anyway --
CHAIRWOMAN HILLER: Okay.
COMMISSIONER FIALA: -- and that is if we allow him up to
10 minutes but it has nothing to do with the County Commission
anyway, why would we want to hear 10 minutes of something that has
nothing to do with us? Number one.
Number two, if it's defaming somebody's character, I would think
that that person would want to be here to defend himself. So I didn't
agree with what Commissioner Henning said as far as go ahead with it
anymore, but there might be something Commissioner Henning would
have to say about that that would then, you know, negate my
concerns. But right now, I mean, if it were me, I would want to be
here.
CHAIRWOMAN HILLER: Commissioner Henning, would you
like to respond?
COMMISSIONER HENNING: Yeah, the public has a right to
petition its government. And like Commissioner Hiller said, we're not
going to take any action. I mean, we're going to hear it. And if we do
take any action, it's going to have to come back anyways.
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June 11, 2013
Mr. Chrzanowski cannot address -- or anybody cannot address
somebody else's public petition. They can only do it under 10 minutes.
And, quite frankly, if Mr. Cohen would want to say something about
me, I would like for him to, you know, say it so I can review it and
maybe come back at the next meeting and respond.
CHAIRWOMAN HILLER: County Attorney, I think the
community and the board should have clarification on the record as to
the difference between a public petition and public comment and what
the role is with respect to the board as it relates to public petition
versus public comment.
MR. KLATZKOW: Okay. And these are your -- first of all,
these are your rules.
CHAIRWOMAN HILLER: Okay.
MR. KLATZKOW: Okay. So whatever the majority of the
board wants to do is appropriate here, because they are your boards,
your rules; this is your policy.
You have two general items where the public has the right to talk
to you. One is a public petition and the other is public comments.
And Commissioner Henning is absolutely right, your public
petition process comes right out of both the federal and the Florida
Constitutions where people have the right to petition their government
for a grievance, okay. And your best example of that lately was the
woman who felt that a sewage backup was the county's fault, and she
wanted the county to look into this and pay it.
And you heard her. She had a petition before you. She brought
forward some documentation. It went back to staff. You brought it
back and you heard it. In my mind, that is the perfect example for
why we have the public petition process, all right.
Personally, I'm not entirely sure what the petition is here, because
the backup was not the best, okay. And I'm not entirely sure what the
grievance is. Slandering somebody is not a grievance, and slandering
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June 11, 2013
somebody is not a protected speech, all right.
But it's up to you. You've gotten the documentation from the
petitioner. It's up to you to determine whether or not you think this is
appropriate for public petition or if it's more appropriate for public
comment, and that's up to the board.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: I think that is an important point
here. And the problem is that Mr. Cohen has been here repeatedly,
meeting after meeting after meeting, and his only purpose is to slander
people with whom he has a personal vendetta. There is no motion, no
cause of action that would require us to make a decision on any of
these things, as Commissioner Henning has pointed out.
I think it is an extreme application of the public's right to be
heard to allow the public to slander people and use this forum to do so.
If Mr. Cohen has a personal grievance against people, then he
should handle it through the courts. He should not be coming here
repeatedly and slandering people, because it diminishes their
reputations and Mr. Cohen's reputation.
And, Randy, I hope you get over this, but you're not helping
yourself at all.
So I don't -- you know, I would be very happy to vote in favor of
not letting him do these things here.
CHAIRWOMAN HILLER: Having heard this discussion, it
seems to me, County Attorney, that it would behoove us to have you
review our petition -- public petition ordinance to include the proper
manner in which petitions are to be heard so we are ensured that it's
clear that the board does not have to hear everything that's presented
but only what the board deems necessary to make a decision as to
whether it wants to carry an item forward or not and to better clarify
the non-repetitive provision to include a recommendation that what we
don't want to see is one issue bifurcated into five, six, seven, eight,
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June 11, 2013
nine, 10 tranches to basically create 10 petitions out of one when we're
really dealing with one issue.
So if you could -- if the board would be agreeable, if we could
direct the county attorney to look at our process and maybe look at
what other counties do to handle these issues and make sure that we
have the best process available that protects the public's interest to
petition us but also protects from abuses of the privilege.
MR. KLATZKOW: With the board direction, I'd be happy to do
that with the provision that I'd be able to work with the county
manager --
CHAIRWOMAN HILLER: Of course.
MR. KLATZKOW: -- since they're the intake people for all this.
CHAIRWOMAN HILLER: Yeah, absolutely, no question.
Would that be acceptable to the board?
COMMISSIONER COYLE: And postpone these -- reschedule
these public petitions until that report is submitted to us?
CHAIRWOMAN HILLER: Well, it would be up to -- I would
actually bifurcate those two questions. I think we should stick to the
issue first of whether or not we want to direct the county attorney and
then secondly address your question, Commissioner Coyle, as to
whether we want to postpone this.
My suggestion would be maybe that we would want to hear it.
But, again, we don't have to listen to 10 minutes. And I think -- when
I'm listening to what the board has to say up to this point, it would
seem to me, I believe there would be a majority of the board that feels
that these questions have already been asked and answered and that
the board does not care to carry this forward on a future agenda, and
then we would dispose of these issues this morning and they would
not be coming back and this matter would be settled, if that would be
acceptable.
But if we could first address the question as to whether or not the
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June 11, 2013
board would like to direct the county attorney to review and refine the
ordinance with respect to the public petition process in conjunction
with the county manager.
COMMISSIONER COYLE: I would support that guidance.
CHAIRWOMAN HILLER: In that case, I'll consider that a
motion.
Commissioner Coyle, would that be a second on your part?
COMMISSIONER COYLE: Yes, it would be.
CHAIRWOMAN HILLER: Would you like to discuss that
motion, or would you like to discuss another issue?
COMMISSIONER NANCE: I just wanted to make a general
comment. I support the motion.
CHAIRWOMAN HILLER: Okay. Thank you.
All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
The next issue is whether or not we would like to hear the public
petition items that have come forward. Commissioner Henning
recommended that we consolidate them and hear them as one. You
may want to consolidate A and B and consider C a separate item but,
again, remembering that you're limited to hearing from the petitioner
for a total of 10 minutes and you, as a board, can limit that further to
the extent necessary for you to make the decision as to whether or not
you want to carry it forward.
So would we like to hear these today, or would we like to
continue them till we get the county attorney and county manager's
report?
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June 11, 2013
COMMISSIONER COYLE: I have heard all I need to hear
about the employment of Mr. Casalanguida.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER COYLE: We've been through that over and
over and over, and every question has been answered to my
satisfaction.
Furthermore, it is the purview of the county manager to select his
employees. And unless there has been some violation of law, we
shouldn't be interfering in it at all.
I have found Mr. Casalanguida to be an exceptional employee.
He's done wonderful things for the county and for the people of
Collier County, and this continual harping on some misrepresentation,
perhaps, of whether -- what his educational level was is, at this point
in time, to me, irrelevant. I am not going to take any action against
Mr. Casalanguida. He has proved himself to be an excellent
employee, and I'd like to retain him and get over all this stuff.
CHAIRWOMAN HILLER: Got it.
Commissioner Fiala?
COMMISSIONER FIALA: I totally agree with that, and I think
that Mr. Casalanguida has stood up to this and never defamed the
accuser's character. He stood tall and never reduced himself to that
level, and I don't see why this person could continuously come in and,
you know, pick and pick and pick and slander repeatedly and we put
up with it.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes. I think some of this can be
solved when Mr. Klatzkow kindly reviews the public petition process.
It's my understanding that the public petition is a mechanism that's in
place to request that the Board of County Commissioners take specific
action.
MR. KLATZKOW: Correct, sir.
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June 11, 2013
COMMISSIONER NANCE: And I believe that all public
petitions from this point forward on the application, and as the speaker
begins, should state upfront what specific action the person is
requesting from the board and present the evidence or the reason why
they would like that action to be addressed.
I believe anything else that has to do with a complaint or an
editorial comment should be handled strictly under public comment.
And I think defining that as such, I mean -- and that's not the way
these public petitions are presented. They're not presented as to what
action he's requesting. They're kind of rambling in nature. And I think
we should just frame public petition in that manner.
And I would be in favor of continuing those until we have it,
unless the board feels like they just want to put this behind us, in
which case I could go either way on that.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: No, I haven't changed my mind.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER HENNING: I mean, you know --
CHAIRWOMAN HILLER: And the only reason I ask again is,
given the discussion we've had, what should be done.
County Attorney, do we have the ability, from the dais, to decide
-- I mean, before hearing the actual public petitions that have been
requested to be heard, to make the decision based on what we've
reviewed with respect to what's been presented to not go forward; in
other words, not to bring it forward on a future agenda, or do we have
to give the petitioner the right to speak today in light of the fact that
he's presented and it's on the agenda?
MR. KLATZKOW: You have a public petition before you. It is
in your backup materials. Your resolution provides the requirement to
provide you with a petition setting forth the particularities of the
grievances as well as any backup.
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June 11, 2013
You can make your determination based on what you've already
been presented. For example, you may say, this has been already
heard and decided and let it go at that. You can, instead, move it to
public comment if that's what your pleasure is, or you can hear the
petition.
Item #6A
PUBLIC PETITION FROM RANDALL J. COHEN REGARDING
"E-MAIL FROM MR. MIKE SHEFFIELD TO KATIE ALBERS,
NAPLES DAILY NEWS, DATED APRIL 26, 2013 AT 3:11 P.M.,
MR. CASALANGUIDA'S ENTIRE PERSONNEL FILE AS BACK-
UP MATERIAL AND THE RECOMMENDATION FROM HR
GENERALIST GLAMA MISSING FROM THE FILE IS A FOCAL
POINT OF THE PRESENTATION AND MISSING
DOCUMENTS." - MOTION NOT TO HEAR ITEMS #6A AND #6B
— APPROVED
Item #6B
PUBLIC PETITION FROM RANDALL J. COHEN "PERTAINING
TO HUMAN RESOURCE SPECIFIC APPLICATION FOR
EMPLOYMENT AND RECOMMENDATIONS TO THE BCC BY
THE COUNTY MANAGER." (PETITION DEEMED NON-
REPETITIVE BY BOARD MAJORITY ON MAY 14, 2013) -
MOTION NOT TO HEAR ITEMS #6A AND #6B — APPROVED
CHAIRWOMAN HILLER: We have heard 6A and 6B. We have
a Florida Statute 125 which provides that the county manager solely
has jurisdiction over matters involving his employees. I think we as a
board are barred from involving ourselves with the county manager's
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June 11, 2013
decisions with respect to his employees.
So as far as 6A and 6B, are you saying that we have the ability to
make the decision now whether or not we want to go forward on this
given that we have backup and we know what the law is without
hearing Mr. Cohen and in doing so we are not violating any, you
know, First Amendment right to be heard?
MR. KLATZKOW: What I am saying is that you are setting
your agenda at this point in time. After seeing -- reading all the
backup, if it's your decision not to hear these items, that is fine. There
is no freedom-of-speech issue with it --
CHAIRWOMAN HILLER: Okay.
MR. KLATZKOW: -- as far as I'm concerned here.
CHAIRWOMAN HILLER: And I wasn't sure if there was, but I
just wanted to address that to make sure that there's, you know, no
compromise on that.
So can I ask the board to consider 6A and 6B first? And I think
based on what we have heard in the discussion up to this point, the
question is whether or not -- or actually I'm going to suggest that one
of the board members make a motion that with respect to 6A and 6B,
that it be decided based on the backup presented and the evidence
already heard today as presented by the petitioner, that the board does
not have jurisdiction over this matter since it is within the -- only
within the purview of the county manager pursuant to Chapter 125,
and that as such the decision by the board would be not to bring these
matters forward on a future agenda.
COMMISSIONER HENNING: So moved.
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: Any further discussion on 6A and
6B?
(No response.)
CHAIRWOMAN HILLER: There being no further discussion,
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June 11, 2013
all in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Any opposed?
(No response.)
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #6C
MOTION TO HEAR ITEM #6C — FAILED; MOTION NOT TO
HEAR ITEM #6C — APPROVED
CHAIRWOMAN HILLER: With respect to 6C, as far as the
appointment of Stan Chrzanowski to the DSAC, that matter has not
been heard by the board via the public petition as presented but, again,
we have backup on that, and the board, obviously, knowingly made
the decision to appoint Stan Chrzanowski to DSAC with a full
understanding of Mr. Chrzanowski's history with the county and the
settlement that came about as a result of the litigation against the
county and Mr. Chrzanowski involving, I believe it was -- I wasn't
here at that time.
MR. KLATZKOW: It was Barbara Burgeson.
CHAIRWOMAN HILLER: Okay, Barbara Burgeson. So having
reviewed the backup material presented by Mr. Cohen, having
previously, by majority vote, approved Stan Chrzanowski to DSAC,
and having a full understanding of Stan's history and the settlement,
does the board want to entertain this public petition given that all the
information is there to make a decision as to whether or not you want
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June 11, 2013
to carry it forward to a future board meeting? Would anyone like to
comment on that?
COMMISSIONER COYLE: I will say that I see no value in
proceeding with this. This is something that has been dealt with, and
it is something that is well known by us and, in fact, the public in the
past. Okay.
CHAIRWOMAN HILLER: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yes. When I voted that, first of all,
I knew Stan's work, I'd read all the backup material on all of the
candidates, I know all of the background, and I felt he was the most
capable and qualified person to serve on DSAC, so I voted for that. In
fact, I might have even recommended that he be appointed.
COMMISSIONER COYLE: Voted twice. You voted twice.
CHAIRWOMAN HILLER: I think we need a revote. Just
kidding.
Yeah, okay. Commissioner Nance?
COMMISSIONER NANCE: Once again, you know, if
somebody wants to come in under public comment and make an
editorial comment or state an opinion or state an objection, I have
absolutely no problem with that, but I strongly believe that these
public petitions must clearly outline which specific action the
petitioner wishes to have the Board of County Commissioners take
and present the information why, and none of these three public
petitions do that.
The documents that are filled out and filed with the county
attorney do not do that, and I -- you know, if those applications need
to be cleaned so that it makes it clear that that's what the petitioner has
to do in order for the county attorney to make a reasonable judgment
that, you know, there's some reason to bring it forward -- you know, I
don't want to continue with this because it's not -- we have a blur
between what's a public comment and what's a petition. So I have no
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June 11, 2013
interest in it until it's clearly defined.
CHAIRWOMAN HILLER: Commissioner Henning, would you
like to comment?
COMMISSIONER HENNING: I'd just like to hear the petition
and get it over with.
CHAIRWOMAN HILLER: Do you want to hear 6C?
COMMISSIONER HENNING: Yes.
CHAIRWOMAN HILLER: Okay. Are you making a motion to
hear 6C?
COMMISSIONER HENNING: I'll do.
CHAIRWOMAN HILLER: All right.
COMMISSIONER HENNING: And approve the rest of the
regular agenda as amended.
CHAIRWOMAN HILLER: Okay. Is there a second?
MR. KLATZKOW: We can't do that yet.
COMMISSIONER HENNING: What's that?
MR. KLATZKOW: We cannot approve the regular agenda yet.
CHAIRWOMAN HILLER: Because we have to go through
consent and summary.
COMMISSIONER HENNING: Oh, we do it that way, okay. I
apologize.
CHAIRWOMAN HILLER: That's okay. So Commissioner
Henning has made a motion to hear 6C. Do I have a second?
(No response.)
CHAIRWOMAN HILLER: There being no second, motion fails.
Do I have another motion?
COMMISSIONER FIALA: Motion to approve the agenda as
amended.
CHAIRWOMAN HILLER: No, no.
MR. KLATZKOW: We can't approve the agenda yet.
COMMISSIONER FIALA: I thought we were done with that
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June 11, 2013
now. Okay.
CHAIRWOMAN HILLER: No, no. Commissioner Henning's
motion failed.
So the other motion would be not to have any comment on the
public petition, Item 6C, but rather to rely on the written petition as
presented and, you know, the evidence as we know it.
MR. KLATZKOW: It's a motion to deny the --
CHAIRWOMAN HILLER: Correct.
MR. KLATZKOW: To deny.
CHAIRWOMAN HILLER: Right, for the reasons stated.
MR. OCHS: Take no action.
COMMISSIONER COYLE: I will make that motion.
COMMISSIONER FIALA: And I'll second it.
CHAIRWOMAN HILLER: All right. So we have a motion and
a second to deny 6C.
Any further discussion?
(No response.)
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: (No verbal response.)
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Any opposed?
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries 4-1 with
Commissioner Henning opposing.
MR. OCHS: Madam Chair, my only other note on your change
sheet is to note for the viewing audience that the items under your
airport authority regular agenda, Items 14A through 14-5 (sic) will be
heard in sequence beginning at 10:30 a.m.
Page 17
June 11, 2013
And that's all the changes I have, Madam Chair.
CHAIRWOMAN HILLER: Okay, thank you.
With that, let's move to the consent agenda.
MR. MILLER: Madam Chairwoman, I have a registered speaker
on this item.
CHAIRWOMAN HILLER: Oh, on the --
MR. MILLER: On the consent agenda. I believe he wants an
item pulled.
CHAIRWOMAN HILLER: Okay.
MR. OCHS: And that's Item 2A, Commissioner. It's approval of
today's consent agenda as amended.
CHAIRWOMAN HILLER: Any comment by any of the
commissioners? Would any of the commissioners like to vote against
any of the items as presented or would like to continue any of the
items or move any items forward to the general agenda?
COMMISSIONER NANCE: Madam Chair, I would like to
continue Item 16D6, which is a recommendation to award a bid on an
MSTU landscape maintenance project until the June 25th meeting to
allow me to address some questions that I have regarding the bidding
process with staff that I haven't had an opportunity to do. I think it's
important.
CHAIRWOMAN HILLER: Any comment?
COMMISSIONER FIALA: Well, I just want to know, if it's
delayed for two weeks, do we still have the landscaping contract,
maintenance contract in place so that we, you know -- in this season,
we need to make sure that things are maintained.
MR. OCHS: Yes, ma'am. We'll make sure the landscaping is
maintained.
CHAIRWOMAN HILLER: Given no further discussion --
before we take a vote, could we have any ex parte. Commissioner
Henning?
Page 18
June 11, 2013
MR. KLATZKOW: Commissioner, you have a public speaker
who is requesting a specific item be removed.
CHAIRWOMAN HILLER: Oh, okay. Can you bring him
forward.
MR. MILLER: Bob Krasowski, please.
CHAIRWOMAN HILLER: Sorry. Sorry, Bob. Go ahead.
MR. KRASOWSKI: No problem. Go morning, Commissioners.
So nice to see you all here to enjoy this gift of a day. Pretty good
setup.
CHAIRWOMAN HILLER: It would be really nice if we opened
the blinds so we could see what a gift it was.
MR. KRASOWSKI: It would be a little, but it hurts the cameras.
The ones in the back, that works.
CHAIRWOMAN HILLER: Yeah, I know. I'm with you. I'm
with you.
MR. KRASOWSKI: I'm here to request that you remove from
the consent agenda and put on the regular agenda Item No. 16A10. Of
course, I have a specific interest in this because it has something to do
with beach renourishment and the Restore project.
CHAIRWOMAN HILLER: And I did respond to that, I did get
your request, and I did send you an email with respect to that.
The only purpose of 16A10 is to remove staff as representatives
on that advisory board and to limit it just to the commissioners. It is
not to have a discussion on where we are with respect to the Restore
Act and what's going on.
So what your interests would be with respect to Restore would
not be part of this agenda item, and we don't address anything that isn't
specifically in the backup. So for that reason, it doesn't really make
any sense, because it's really a ministerial act, and it should remain on
the consent.
MR. KRASOWSKI: I appreciate your clairvoyance and
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June 11, 2013
understanding what's in my mind, but there is another aspect to this.
CHAIRWOMAN HILLER: Okay.
MR. KRASOWSKI: Okay. Because you are 100 percent correct
in what you've said. But it also says here that you want to establish
the committee by resolution as an ad hoc committee and formerly
appoint committee members. So I think in the interest of all -- this
overall project and transparency and all that, that the public should
have the opportunity to know who's on the committee.
CHAIRWOMAN HILLER: Oh, of course.
MR. KRASOWSKI: Same old people. I'll save that for later.
But, you know --
CHAIRWOMAN HILLER: Same young people.
MR. KRASOWSKI: Well -- yeah, there's a couple.
CHAIRWOMAN HILLER: Hey.
MR. KRASOWSKI: Yeah. So if that could just move through
the process in the public, I'd appreciate it.
CHAIRWOMAN HILLER: Let me ask first the county manager
and then Commissioner Henning, since they are both directly involved
with this issue; Commissioner Henning, as the lead representative.
Commissioner Fiala is also, but we might just let Commissioner
Henning --
COMMISSIONER FIALA: He's the lead. Yeah, he's the lead.
CHAIRWOMAN HILLER: -- comment. Yeah, just comment
on this issue, and the county manager as to whether or not it needs to
be on the general.
COMMISSIONER HENNING: This is a very public process
we're doing here. Actually we're going above and beyond. And the
appointments will be on our agenda in the future; is that right?
MR. OCHS: They're part of this item today.
COMMISSIONER HENNING: Right.
MR. OCHS: And if you want to move this to the regular agenda,
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June 11, 2013
I have absolutely no problem with it.
COMMISSIONER HENNING: Yeah, I don't have a problem
with it. I don't see a need in it.
MR. OCHS: Right. I mean, the board specifically asked me to
reach out to certain stakeholder organizations, which we did, and ask
them for -- if they would please name a representative for the
committee, which they've done, and we are simply formalizing those
recommendations with this item along with moving county staff
members off of the committee as voting members. But it's the
prerogative of the board. I don't have any preference either way.
CHAIRWOMAN HILLER: Board, how would you like to
proceed on this?
COMMISSIONER NANCE: Does Bob have an objection to any
of the elements of this item? Do you have an objection to making it
non-county staff, do you have an objection to establishing the
committee, and do you have an objection to formally appointing
members?
MR. KRASOWSKI: The objection -- I don't know if I'd put it in
that terms. But the situation with the county staff I understand; it
makes a whole lot of sense.
My concern is that this group has already met once. They've
established a criteria for reviewing a lot of these Restore projects that
Collier County wants to move forward to the bigger organization, and
it's millions of millions of dollars, potentially. I mean, maybe tens of
millions of dollars. So I think it should be a little more transparent.
You've got the same little cabal of people and issues, so it doesn't hurt,
you know.
CHAIRWOMAN HILLER: County Manager, could you read
off the names of the cabal?
MR. OCHS: Yes, I will, Madam Chair. Let me first start by
saying that the board had directed that the following stakeholder
Page 21
June 11, 2013
groups be contacted to name a representative to the committee: City
of Naples, City of Marco Island, Everglades City, Conservancy of
Southwest Florida, Rookery Bay, the Big Cypress Basin, the Tourism
Development Council, and the Collier County Marine Industries
Association.
So the representative named by the City of Naples was John
Sorey, with an alternate being Mike Bauer; the representative from the
City of Marco Island was Dr. James Rivera, with Mr. Bryan Milk
named as alternate; Everglades City appointed Mayor Sammy
Hamilton; the Conservancy of Southwest Florida appointed Andrew
McElwaine; Rookery Bay National Estuarine Preserve appointed
Alberto Chavez; Big Cypress Basin Board appointed Lisa Koehler; the
Tourism Development Council appointed Clark Hill; and the Collier
County Marine Industries Association appointed Frank Perrucci.
Those are the appointments that are being recommended for
approval by the board with this item.
CHAIRWOMAN HILLER: And these organizations are
appointing their own representatives?
MR. OCHS: Yes, ma'am.
MR. KRASOWSKI: Did [hear the Conservancy's
representative?
CHAIRWOMAN HILLER: Yeah, and it was Andrew
McElwaine.
COMMISSIONER COYLE: But he's leaving, so you'll need to
get a replacement for that.
MR. OCHS: Yes, sir. We will ask Mr. McElwaine or the board
to name a replacement.
CHAIRWOMAN HILLER: And one other comment I want to
make. And, again, it goes to an understanding of the agenda and, you
know, public comment versus petition and so forth, and that is consent
is transparent. All the backup is there. The only thing that we're not
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June 11, 2013
doing on consent is having a discussion. We -- it's not viewed as an
item that we necessarily want to either discuss or debate, but it is fully
transparent, and the backup is included, and it's, you know, intended
that everybody knows what is behind the approval of an item on
consent. And usually they're more ministerial items. They're not -- or
of lower dollar value.
MR. KRASOWSKI: Sure. I understand that and appreciate it
and appreciate the consideration of the board.
The main thing -- point I wanted to make with this was that the
people on this board are already on so many other boards. And I see
-- I like to argue for diversity and try to get -- you know, there's got to
be more people in the city that can handle this than the same person
that's on the Coastal Advisory Committee, the Tourist Development
Council.
CHAIRWOMAN HILLER: And that's understandable.
MR. KRASOWSKI: That's my only --
CHAIRWOMAN HILLER: The only thing is is that these
organizations are choosing their own representatives, and they're
choosing to, you know, select the same people over and over again.
So --
MR. KRASOWSKI: By order of your -- under your direction --
CHAIRWOMAN HILLER: We don't --
MR. KRASOWSKI: -- you could say, well, we want people that
represent that aren't already on other boards like that.
CHAIRWOMAN HILLER: There's truth to that. You're
absolutely right. Commissioner Fiala would like to comment. But
you make a good point.
COMMISSIONER FIALA: Just so that the audience can catch
up with what we're talking about, the Restore Act is the act that has to
do with the Gulf oil spill and the BP payments to the states that were
affected by this most. And then it comes to Florida. We have 23
Page 23
June 11, 2013
counties that are recipients of this -- of these dollars. Five counties are
-- I'm sorry. Eight counties are more affected than others.
But all of this money is to go toward restoring environmental
concerns, things that could be affected by this. And so the reason
these companies or these organizations were chosen was for their
expertise with the environment. That is extremely important.
We didn't want, you know, a citizen who would think it would be
a good idea to appear on there and then not have anything to do with
the environment or not have any expertise backing them up. So these
selections were chosen very carefully.
And Bob is absolutely right. He's very concerned to make sure
that all of the environmental groups are involved. As he could see
now, they are. Thank you.
CHAIRWOMAN HILLER: Thank you. Thanks.
MR. KRASOWSKI: So sharp. Thank you very much.
CHAIRWOMAN HILLER: Thank you very much, Bob.
MR. OCHS: Madam Chair, not to --
CHAIRWOMAN HILLER: I'm sorry. Commissioner Coyle, did
you --
COMMISSIONER COYLE: No, that's okay.
MR. OCHS: Madam Chair?
CHAIRWOMAN HILLER: Yes.
MR. OCHS: Again, not to belabor this item, but just so, again,
the public understands, this is a committee working to make
recommendations to the Board of County Commissioners who will
make the final selection of projects in a public meeting in September,
and there will be ample opportunity for additional public comment at
that time.
CHAIRWOMAN HILLER: I really appreciate you clarifying
that. The other thing is is that you do have the information posted on
our county website.
Page 24
June 11, 2013
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: And, you know, if you would -
continue to continuously update that so if people can attend the
meeting, that they have that information available electronically.
Thank you.
MR. OCHS: Will do.
CHAIRWOMAN HILLER: If we could move to ex parte
disclosure on consent.
Commissioner Henning?
COMMISSIONER HENNING: None.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: I have no disclosure on the consent
agenda.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: No disclosure.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Oh, I do, and that's 9A. That has to
do with the Wentworth Estates or Treviso Bay.
CHAIRWOMAN HILLER: Just consent.
COMMISSIONER FIALA: Oh, I'm sorry. Just consent. Excuse
me. Boy oh boy. Consent? I have no disclosures.
CHAIRWOMAN HILLER: All right. Thank you.
And I also have no disclosure.
The consent agenda is -- can I have a motion to --
COMMISSIONER FIALA: Motion to approve the consent
agenda.
CHAIRWOMAN HILLER: Thank you. I'll second that.
There being no further discussion, all in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
Page 25
June 11, 2013
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #2B
APPROVAL OF TODAY'S SUMMARY AGENDA AS AMENDED
(EX PARTE DISCLOSURE PROVIDED BY COMMISSION
MEMBERS FOR SUMMARY AGENDA) — ADOPTED
CHAIRWOMAN HILLER: The next item on the agenda is 2B,
County Manager.
MR. OCHS: Yes, ma'am. It's approval of today's summary
agenda as amended.
CHAIRWOMAN HILLER: Okay. We have no public speakers.
Any discussion on the summary?
COMMISSIONER NANCE: Yes, I have a comment. I would
request that the staff agree to continue Item 17D, which is an
ordinance change regulating irrigation-quality reuse water. And my
main concern is that in the original proposal of the ordinance, which
was Item 16C8 -- so it was on the consent agenda on May 28th -- the
fiscal impact that was stated there was solely the $500, which was the
cost of advertising the item.
In the backup material on this, it seems that there will be a
reduction in revenue as a result of the changes recommended that
amount to over $300,000 annually. And I believe that additional staff
comment and understanding of this board might be of interest.
COMMISSIONER HENNING: I move to approve today's
summary agenda, as amended, requested amendment, and I have an ex
parte communication on 17A.
CHAIRWOMAN HILLER: Go ahead and make that ex parte.
Page 26
June 11, 2013
COMMISSIONER HENNING: I received staffs report.
CHAIRWOMAN HILLER: Thank you.
MR. KLATZKOW: And, Commissioners, can we -- if we're
going to continue Item 17D, could we have a date certain so we don't
have to readvertise it?
MR. OCHS: Commissioners, may we bring that back at the next
meeting?
CHAIRWOMAN HILLER: Sure.
COMMISSIONER HENNING: That's okay?
COMMISSIONER NANCE: Yes.
CHAIRWOMAN HILLER: Any ex parte, Commissioner
Nance?
COMMISSIONER NANCE: Yes. I have read the staff report on
Item 17A.
CHAIRWOMAN HILLER: Commissioner Coyle, ex parte.
COMMISSIONER COYLE: I have also read the staff report on
17A.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Staff report on 17A.
CHAIRWOMAN HILLER: And I have also read the staff report
on 17A.
There being no further discussion, all in favor of the -- approving
the consent agenda as -- the summary agenda as amended?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #2C
Page 27
June 11, 2013
APPROVAL OF TODAY'S REGULAR AGENDA AS AMENDED
— APPROVED AND/OR ADOPTED W/CHANGES
MR. OCHS: Item 2C is approval of today's regular agenda as
amended.
CHAIRWOMAN HILLER: Is there any discussion?
COMMISSIONER NANCE: Move to approve.
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Any ex parte? No. We'll come to
that when we actually address 9A.
So, County Manager?
Page 28
Proposed Agenda Changes
Board of County Commissioners Meeting
June 11,2013
Add-On Item 10F: Discussion of correspondence between North Naples Fire Control and
Rescue District,East Naples Fire Control and Rescue District and Golden Gate Fire Control and
Rescue District regarding potential merger opportunities. (Commissioner Hiller)
Withdraw Item 16A9: Recommendation to approve the development and execution of Temporary
Beach Restoration Easements(TBRE)with beachfront property owners for the FY13/14
Vanderbilt,Park Shore and Naples beach renourishment program and reaffirm the existing Board
of County Commissioners' policy that no renourishment will occur landward of the Erosion
Control Line(ECL) on private property without an executed Temporary Beach Restoration
Easement(TBRE),authorize the Chairwoman to execute Resolution for TBRE,and make a finding
that this Project and expenditure promotes tourism. (Staff's request)
Continue Item 16G1 to the June 25,2013 BCC Meeting: Recommendation to approve the
attached Standard Form Lease Agreement between Southern Illinois Custom Aerial,LLC and the
Collier County Airport Authority for improved property at the Immokalee Regional Airport.
(Airport Authority Staff Request)
Time Certain Items:
Item 14A1 to be heard at 10:30 a.m.,followed by Items 14A2, 14A3, 14A4 and 14A5
6/11/2013 8:47 AM
June 11, 2013
Item #2D
MAY 14, 2013 BCC/REGULAR MEETING MINUTES —
APPROVED AS PRESENTED
MR. OCHS: Commissioners, Item 2D is approval of the regular
meeting minutes of the Board of County Commissioners' meeting of
May 14, 2013.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #4A
PROCLAMATION DESIGNATING JUNE 17-21, 2013,
NATIONAL SMALL BUSINESS WEEK IN COLLIER COUNTY
AND RECOGNIZING THE 25TH ANNIVERSARY OF SCORE
NAPLES. ACCEPTED BY GEORGE AHEARN, SCORE
CHAIRMAN; KARL WILLIAMS, SCORE VICE-CHAIRMAN;
RICHARD FEDERMAN, SCORE DIRECTOR OF EDUCATION;
NEF ESPINOSA, SCORE DIRECTOR OF MARKETING; VIN
IZZI, SCORE COMMUNITY OUTREACH; AND ANDRE
LEHMANN, SCORE CLIENT AND COUNSELOR SERVICES —
ADOPTED
Page 29
June 11, 2013
MR. OCHS: That takes us to Item 4 on this morning's agenda;
it's proclamations. Item 4A is a proclamation designating June 17
through 21, 2013, as National Small Business Week in Collier County,
and recognizing the 25th Anniversary of SCORE Naples.
To be accepted George Ahearn, SCORE chairman; Karl
Williams, SCORE vice chairman; Richard Federman, SCORE director
of education, Nef Espinosa; SCORE director of marketing; Vin Izzy,
SCORE community outreach; Andre Lehmann, SCORE client and
counselor services.
And this item is sponsored by Commissioner Fiala.
If you would all please step forward and receive your
proclamation.
(Applause.)
COMMISSIONER FIALA: You do such a good job in the
community; I'm so proud of you.
Picture time.
CHAIRWOMAN HILLER: Thank you.
MR. AHEARN: Could I make a couple remarks?
CHAIRWOMAN HILLER: If you'd like to; go ahead.
MR. AHEARN: Good morning. My name is George Ahearn.
I'm the chairman of the SCORE chapter here. I certainly -- this being
my last time before the commissioners, as my tenure is out at the -- in
October of this year, so I won't be here again. Karl Williams over
there will be taking my place.
I wanted to not only thank you for all the kindness and support
that this chapter gets but also for the fact that you've recognized our 25
years in town. The only reason we've been around so long is we have
a community that really appreciates what we do, supports us, and
motivates us to continue to do the things we do.
I want to thank you for all of the 60-plus members we have in
this chapter here in town, these men and women who devote -- well,
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June 11, 2013
last year -- 12,000 hours of time to this chapter.
We did -- and you may not know this, and it's a surprise to maybe
everybody, but we actually counsel anywhere from 100 to 200 people
a month here in Naples. And this is amazing when you think about
the town -- the size town we have. And one-third of those people who
come to us are coming to us for the first time. The rest are people who
continue to be mentored by us.
We also, as you may know, have about 45 different workshops a
year -- Rich Federman is the one responsible for putting that program
together -- attended by over 500 people this past year. So this is
another way we get out in the community.
And, Donna, I want to particularly thank you especially, since
Donna knows a lot about what we do, not only in counseling and
education, but in the other things we did for the county, and she's at
many of our events. And thank you particularly for supporting this
proclamation and being with us --
COMMISSIONER FIALA: I'm proud to be.
MR. AHEARN: -- for as long as you have. Okay.
I just handed some data to the County Commission -- county
manager, I should say, about some data I did not know when we put
the proclamation together, and that's data related to a survey that was
conducted by PricewaterhouseCoopers for SCORE. And we got about
13,000 recipients nationwide from people who are clients of SCORE.
And in that data it indicated -- we were able to glean the data to
tell about clients that came to SCORE in Collier County. So we got
also input from our clients. And in that data, our clients said they
were able to -- last year. This is 2012 we're talking about -- start
different businesses in Collier County last year alone as a result of,
you know, coming to SCORE and us working with them.
And in addition to that, 127 of our clients said that they not only
started a business, but they're in a business and that business improved
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June 11, 2013
its revenue last year. And, again, in a bad year, that was not bad. And
that revenue -- we were able to ascertain what that revenue was, and it
was about $20 million, which means this is $20 million additional
revenue to the county without any cost to the county, which is a, you
know, tremendous thing.
I'm also happy to say that next month Senator Richter is going to
be recognizing SCORE nation -- for the State of Florida for all the
things they've done in the State of Florida, and as a result of that, there
have been about 3,300 new businesses and 5,500 new jobs created by
clients of SCORE in the State of Florida. And we're going to receive a
proclamation from the state right here in Naples, by the way. Of
course, it was instigated by us in Naples for Senator Richter to do this
if he could, and he graciously agreed to do that.
And if you look at the additional revenue from the growth of
businesses in the State of Florida from SCORE clients, or for clients
of SCORE's businesses, $380 million of additional revenue has been
put into the coffers of the State of Florida as a result of those
businesses.
So, therefore, as I end my tenure, I say I'm ending on a very good
note here. I just want to thank you all for supporting us for as long as
you have been doing that, and that we're going to be working -- I
know the chapter under Karl will be working closely with Leo and
Bruce on what they're trying to do in the economic development.
CHAIRWOMAN HILLER: Thank you.
MR. AHEARN: And we're going to be proceeding ahead, and
hopefully we'll do more of the same as we go forward.
CHAIRWOMAN HILLER: Thank you very much. We
appreciate your words.
(Applause.)
CHAIRWOMAN HILLER: Commissioner Fiala, may I have a
motion to approve?
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June 11, 2013
COMMISSIONER FIALA: I'd like to make a motion to
approve.
CHAIRWOMAN HILLER: And I'll second that.
All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
County Manager?
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR JUNE, 2013, TO NAPLES NETWORK
SERVICES, LLC D/B/A MYENVIRO.COM. ACCEPTED BY
KEVIN AND MICHELLE BORDERS, OWNERS — PRESENTED
MR. OCHS: That brings us to Item 5 on your agenda this
morning, Commissioners. Item 5A is a presentation of the Collier
County Business of the Month for June 2013 to Naples Network
Services, LLC, doing business as MyEnviro.com. The award to be
accepted by Kevin and Michelle Borders, the owners.
Please step forward.
(Applause.)
CHAIRWOMAN HILLER: Congratulations. Would you like to
say a few words after?
MS. BORDERS: I do have something for after.
CHAIRWOMAN HILLER: Okay, that's great. Then let's take
some photographs, and then you can step up to the podium.
Page 33
June 11, 2013
Would you like to step up to the podium and say just a few
words?
MS. BORDERS: I just wanted to take a minute to thank the
Naples chamber for being willing to give this type of an award to such
a small business like ourselves.
I wanted to tell you a little bit about our company and our project
and then offer some words of advice to anyone looking to start a
business in Collier County.
First, Kevin and I did not work together for the first five years
that we were in business in Florida. I had finished working a seasonal
management position, and Kevin said, if we would just work together,
we could do some great things. So I decided to take him up on it, and I
couldn't be happier that I did.
He didn't have time to focus on marketing and accounting while
he was servicing his IT customers. So the year was 2009, and we were
trying to come up with a solution to a problem our family was facing.
My in-laws were seasonal, and their house up north had flooded twice
when they were here in Naples, and our air conditioning had gone out
while we were on vacation.
So Kevin's background is in computers, and he thought, why
don't I take the technology used to monitor server rooms and make
that home friendly for the average person that they could use and
afford to monitor from a distance.
So the first year that we worked together, all my time was spent
on marketing our product. I took advice from other members in the
business community of how to -- what class to take and what kind of
marketing to try.
We really have SCORE, the Naples chamber, the Small Business
Development Center, the EDC, and Grow Florida to thank for all of
the business -- for all of the success on that end.
I took a class called Fast Track, which is now offered through the
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June 11, 2013
Naples Chamber, and that led us to our next business milestone, which
was in 2011. We won the Excellence in Industry Award from Collier
County for innovation, and it drew the attention of a major long-term
company in Collier County, Conditioned Air.
They're now distributing our product under their own brand
name, My Comfort Monitor, and they hired a full-time employee to
sell it which, in turn, enabled us to focus more on our IT business, and
we hired our first full-time employee this year.
The networking groups that we joined to promote our product
also brought us IT business. Naples Area Professional League of
Executive Services connected us with 80 business owners, many who
have become our highest volume customers.
Building Managers International and Condominium Owners
Management Association originally intended to promote the product,
also brought IT business.
So if you take anything from what I've said today, please
remember these things: Believe that your hopes and dreams can come
true; have total faith in yourself and your product. It can make all the
difference; team up with someone whose strengths complement yours,
because together you can achieve more than alone; take all of the free
business help available in your community. SCORE, the Naples
chamber, they all want you to succeed, and they'll do anything they
can to help you; and, finally, success may not come in the time frame
you want it or in the way that you want it, but if you give 100 percent,
you'll get back everything that you put in.
CHAIRWOMAN HILLER: That's really great. Very nicely
said.
COMMISSIONER FIALA: Very nice.
MS. BORDERS: Thank you.
(Applause.)
CHAIRWOMAN HILLER: You know, I just want to make a
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June 11, 2013
comment about how quickly success comes. In business, they say an
overnight success is 10 years, so you've got time. You're on the right
track. Congratulations.
County Manager?
Item #5B
PRESENTATION BY DAVID CRAWFORD, PLANNER IV AND
SEAN MCCABE, PLANNING CONSULTANT OF THE
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL -
DRAFT REPORT ENTITLED "LEGAL AND REGULATORY
REFORM TO INCREASE GOVERNMENT EFFICIENCY ON
RURAL AREAS OF CRITICAL ECONOMIC CONCERN IN
SOUTHWEST FLORIDA" — PRESENTED
MR. OCHS: Item 5B is a presentation by David Crawford and
Sean McCabe from the Southwest Florida Regional Planning Council
on the draft report entitled "Legal and Regulatory Reform" to increase
government efficiency on rural areas of critical economic concern in
Southwest Florida.
And this item was brought forward by Commissioner Nance.
CHAIRWOMAN HILLER: How long will this presentation be?
MR. OCHS: I don't know, ma'am.
CHAIRWOMAN HILLER: We need to put a time limit on it
because --
MR. McCABE: I'll be no more than 10 minutes.
CHAIRWOMAN HILLER: Okay, yeah. We will limit it to 10.
We don't allow for presentations even by staff for longer than that, so
thank you.
Is there any backup material that the board should receive or --
MR. McCABE: It's already in the agenda package.
Page 36
June 11, 2013
CHAIRWOMAN HILLER: Oh, great. I didn't know if there
was anything else. All right.
MR. McCABE: Nothing else other than what's the report itself,
which is a draft report that's in the agenda package.
CHAIRWOMAN HILLER: Thanks.
MR. McCABE: I'm Sean McCabe. I'm here to represent the
Southwest Florida Regional Planning Council.
Thank you, Chairwoman Hiller and Commissioners, for allowing
me to speak here today on behalf of the council.
The report was a project that furthers goals of the council and
specifically the council's economic development plan. And we've
received funding through the form of a grant from the Department of
Economic Opportunity to further study this issue. The issue is what is
happening in rural parts of the states and the need for economic
development there.
In the Southwest Florida Regional Planning Council's region,
there is one area that's designated as a critical area of economic
concern that's one of three designated in the state. And that area
includes some areas outside of our region, but the areas within the
region are the unincorporated area of Immokalee and the entire
counties of Glades and Hendry.
So in those areas, it's -- they looked at the economic factors
which are -- allow you to be designated as a critical area of economic
concern. And once you're designated as that, you're eligible for special
treatment and special incentives and waiver of things to try to promote
economic development in those areas.
So the reason why we did the study was, despite all of these
services for these rural areas, the economic development wasn't
happening as quickly as had been hoped, and so they decided to look
and see whether or not there were any barriers to economic
development in the forms of specific laws or regulations that were
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June 11, 2013
there at the state or local level which were keeping the economic
development from happening. •
So we formed a committee; we studied this issue. And I won't
bore you with all the details that are in the report, because the report is
in your package to read for -- if you want the details. But, basically,
in the rural areas, they -- it became clear through the work of the
committee that the major barriers to economic development, in their
minds, were the lack of infrastructure in those areas.
So the lack of infrastructure, meaning roads and water and sewer
surfaces, they'd be in the corridors where you'd like to promote
development. And despite the lack of infrastructure there, there's still
some development happening. But we wanted to look and see what
could further stimulate development.
So in -- for each county, and for -- in the case of Collier County,
the area of Immokalee, we came up with specific recommendations.
And I'll just limit my presentation here to what the -- what we're
seeking from the council to look at in the Immokalee area.
So the -- in the area of Immokalee, specifically, there was a need
to make a change to the Land Development Code so that the
regulations would be more in keeping with the character of the
community out there.
At one point in time, I think back in 1959, Collier County
adopted separate codes for inland and coastal areas. And somewhere
in more recent years, I believe in the 1990s, there was -- all the inland
and coastal areas, we had a combined unified code here in Collier
County.
And I know that you're looking at revising that now. There was
the overlay district that you considered for the Immokalee area, and
there were some issues with that, and I won't go into that at this point
in time either.
I just want you to approve -- or consider approving changes to
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June 11, 2013
the Collier County Land Development Codes in the rural parts of the
county that would adopt standards that are consistent with the values
and economic climate of the community of Immokalee and possibly
other rural parts of the county.
And I appreciate the assistance we received in developing this
report from your staff. We met with Jamie French, who is the director
of operations and regulatory management; and Bruce Register, who is
the director of your Office of Business and Economic Development;
Commissioner Nance, and his assistant. And we would -- we
appreciate the assistance we had in getting their feedback on the draft
report.
So at this point in time, I will state that I think that in the rural
parts of Collier County you're already doing all the things that would
be recommended in the report. You're very proactive. You have the
DSAC, many -- you're at the forefront in many areas of streamlining
government, trying to get government out of the way of development
here in the county, and -- so I don't think we're going to have any
recommendations that you aren't aware of and already kind of leading
the pack on.
But in the area of the rural areas of Immokalee, we would ask
that you consider revising the landscaping, architectural codes, and
other things that are going to maybe be a little bit excessive for that
particular community.
So I would ask here today that you consider the information
presented and during any future consideration of legal and regulatory
reform in Immokalee and the rural parts of Collier County and ask that
you accept the report prepared by council's staff that's in the agenda
package.
Do you have any questions or --
CHAIRWOMAN HILLER: I would actually like to ask a
question. I find what you said very interesting.
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June 11, 2013
For the benefit of our audience, I think people have a
misunderstanding that Immokalee is actually a city, and it isn't. It's a
neighborhood within unincorporated Collier County, and I believe that
the area you're describing is about a 30-square-mile area, if I'm not
mistaken.
MR. McCABE: I don't know what the exact boundaries are. It's
the unincorporated community of Immokalee.
CHAIRWOMAN HILLER: Well, we actually have had a series
of maps presented to us that address the issues that you're raising here
today, and we can actually get you a copy that shows you what those
boundaries are. And it's my recollection it's about 30 square miles.
My concern is, you know, on the one hand, you talk about
economic development, which I think has to be defined for a rural area
so that it's not confused with economic development that is targeted
for urban areas. And when you're talking about, you know, changing
an area like Immokalee, are you suggesting shifting it from rural to
urban, or are you suggesting preserving rural but developing
rural-type businesses that suit that type of community?
Because there's a very serious difference between the two. And
when you talk about infrastructure, obviously, the infrastructure to
support economic development that is rural for a rural community
versus urban in a rural community are materially different.
MR. McCABE: Correct.
CHAIRWOMAN HILLER: Can you talk to that? And, actually,
I'm going to make one more comment and that is how that ties into the
changes in our growth management statute which provides,
essentially, that we don't want to get rid of rural lands, that we don't
want to accelerate urbanization of rural lands and, you know, leave
our state without agriculture. So, you know, how you reconcile all of
that is something I'd be interesting in you commenting on.
And I don't know how much time we have to do that here today,
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June 11, 2013
so I'd like you to just say a few words and then suggest that this item
be brought forward as a workshop discussion at a future time because
this -- actually this, as an item in and of itself, really would be more
appropriate on a workshop agenda.
So could you just mention a few comments, and then we'll table
it and bring it forward at a future date.
MR. McCABE: Surely, thank you. In regards to your first
comments, I think more the latter -- we're going back --
CHAIRWOMAN HILLER: The latter -- I don't know which my
latter is anymore.
MR. McCABE: I think that we should keep the character of the
community as it is, not try to change --
CHAIRWOMAN HILLER: Surely.
MR. McCABE: -- the community of Immokalee from a -- from
what it is now to something that resembles an urban area that would
be more appropriate for coastal areas.
We also strongly believe that the agricultural lands that are --
especially the -- given the history of this area, for this -- in the State of
Florida and also for the country, that the State of Florida has provided
food for the country for a long time. And we want to preserve prime
agricultural lands in all of the country.
So the question is how we do that without impacting the farmers,
because if we put too many restrictions on their land, then they can't
function.
But it's interesting that the infrastructure issues are sometimes the
same in urban and rural areas because, like, for the roads, you need
adequate roads to get the materials to the fields and the crops and the
fields to their places where you want to sell them, just as we need
adequate roads in rural areas for people to get around.
And I would support --
CHAIRWOMAN HILLER: Well, the only reason I talk about
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June 11, 2013
infrastructure is because population projections change. I mean, if
you're urbanizing an area and you're going into high-density
development versus if you're preserving, you know, the rural character
of the community, then while I agree with you, infrastructure is
clearly needed for both. Like roads, it's a question of how much.
As far as the Land Development Code, I think you're right. You
know, obviously, a rural area doesn't need the same standard that an
urban area does. But what I would suggest to the board, when we
bring this back for discussion, it shouldn't just be for Immokalee. I
mean, rural is rural, and the standard that is the rural standard should
be for all rural areas in the county, because it would be unfair to give
an advantage to one segment of our community when another
segment, which is similarly situated, wouldn't have the same benefit,
and it would be much more costly to, you know, build a building, say,
in a rural area that might be in Commissioner Fiala's district.
You don't have any? Just kidding.
MR. McCABE: I agree with you in concept.
CHAIRWOMAN HILLER: All right. Commissioner Fiala
wants to ask a question.
COMMISSIONER FIALA: Yeah, just -- I wanted you to repeat
what you said about the beautification process. You made a statement
in there that you didn't feel that it needed to be -- would you make that
statement?
MR. McCABE: Correct. I believe I know what you were
referring to, which is basically I think that -- the way it's phrased in the
agenda package is fairly well -- it's fairly well written, that to approve
changes to the Collier County LDC and rural parts of the county,
adopting standards that are consistent with the values and economic
climate of the individual communities, at a minimum these changes
should relax the landscaping, buffering, and open-space requirements
in the Immokalee area.
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June 11, 2013
COMMISSIONER FIALA: Okay. That's what I -- one of the
things that the Immokaleeans worked with us on years ago was they
wanted to create a Community Redevelopment Agency to upgrade yet
preserve the character and culture of their community but bring them
up a step rather than remain the same, and that's why it was voted in.
And not only was it voted in, it was then expanded and expanded to
include all the area.
And one of the things they wanted was the beautification,
landscaping, and so forth. It changed -- it changed the character yet it
didn't change what it was there for. I mean, it preserved those things.
One of the things the CRA had wanted to do was build a couple
-- I think they call them piazzas where people could gather. There
weren't any buildings there. There were just shelters where they could
become focal points in the community. Yes, it took money. It's never
been done, but it takes money to do that.
But what they were trying to do was upgrade their appearance.
And so what I hear you saying is not to do that so much. Just leave it
as it is?
MR. McCABE: No, I don't mean to imply that. I think that the
specifications of what's going to happen out there are best left to the
local area to decide. I think for the community of Immokalee, and
with their Community Redevelopment Agency, to work with the staff
or the county to decide what is appropriate for that area, you-all are in
the best position to decide what's going to work best out there.
All I'm saying is what we heard back as feedback was that what's
there now, the changes that have been made are excessive, and that --
COMMISSIONER FIALA: Did they tell you what was --
MR. McCABE: -- they're adding too much to the costs,
specifically landscaping. Some of the landscape ordinance ends up
then resulting in a higher cost than they think there should be for -- so
they still want to have -- I agree, I think their intention was -- or their
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June 11, 2013
comment was more or less paraphrased -- is that, yes, they want to
have some landscaping standards out there and -- so that the area is --
reaps the benefits of the landscaping ordinance, but the current one
that's in place is too expensive to conform with for some of the smaller
businesses.
COMMISSIONER FIALA: Maybe you could tell me who you
interviewed that gave you this, because you keep mentioning "they,"
and I don't know who "they" is.
MR. McCABE: Well, all I know is -- I don't have the specifics
with me right now, and I think it was always kind of secondhand.
These were stories that were reported to us during a commission
meeting.
CHAIRWOMAN HILLER: Let me suggest the following. I
think this is really great conversation, but it's not really appropriate at
this time, because this was a limited presentation.
I'm going to suggest, if the board is interested, that maybe
sometime in the fall, you know, our agenda permitting during a
workshop session, that we not limit the discussion to Immokalee. We
need to talk about economic development for all the rural areas of our
county, of which there are many, and have this very nice gentleman
and his staff come back, and we have a more detailed discussion.
And maybe what we could do is pull questions from the board
with respect to these areas and direct them to our speaker so he can
come back to us and present on those questions, and --
COMMISSIONER FIALA: And maybe expand his scope of --
CHAIRWOMAN HILLER: And expand, right.
COMMISSIONER FIALA: -- of information.
CHAIRWOMAN HILLER: Right, and -- exactly.
So come back with all the questions you have, board, and we'll
direct it, then, to our speaker. Maybe we can do that through the
county manager so it's in an organized fashion, and then at some later
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June 11, 2013
date put it on the agenda, and you can come back to us with a
proposal.
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: Thank you so much.
MR. McCABE: Well, thank you very much.
CHAIRWOMAN HILLER: Next item?
Item #5C
RECOMMENDATION TO RECOGNIZE CHRISTOPHER
WIGGINS, MAINTENANCE SPECIALIST, AIRPORT
AUTHORITY, IMMOKALEE AIRPORT, AS EMPLOYEE OF
THE MONTH FOR MAY, 2013 — PRESENTED
MR. OCHS: Yes, ma'am. That takes you to Item 5C on your
agenda. It's a recommendation to recognize Christopher Wiggins,
maintenance specialist, the airport authority at Immokalee airport, as
the Employee of the Month for May 2013.
Chris, if you'd please step forward.
(Applause.)
CHAIRWOMAN HILLER: We've got a lot of stuff here. You
have a plaque and then you have an envelope and something you can
frame. Congratulations.
COMMISSIONER FIALA: Hey, congratulations.
MR. WIGGINS: Thank you.
COMMISSIONER COYLE: Congratulations. Good job.
MR. OCHS: Chris, if you want to stand there and get a photo
while I read a few things about you.
Commissioners, Chris has been an employee of the county since
2008 working for our airport authority at the Immokalee airport. He's
primarily responsible for performing specialized maintenance and
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June 11, 2013
operations assistance, including the fueling and towing of aircraft,
maintenance of the facilities, and routine repairs to the runways,
taxiways, and landscaping.
He interacts closely with flight crews and customers and works
diligently to promote the Immokalee airport as a destination to visit
the surrounding attractions, such as Lake Trafford, Seminole Casino,
and Ave Maria.
Chris goes above and beyond in ensuring airport clientele a safe,
efficient, and friendly environment, even offering to work flexible
shifts to provide that all customers receive first-class service.
He is the face of Collier County to many fly-in customers, and
his welcoming smile and genuine enthusiasm for the Immokalee
airport is evidenced by many positive customer comments on aviation
information sites.
Chris' positive attitude and exceptional customer service make
him truly deserving of this award.
Commissioners, it's my pleasure to present Chris Wiggins, your
Employee of the Month for May 2013.
Congratulations, Chris.
(Applause.)
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS
MR. OCHS: Madam Chair, that takes us to Item 7 on this
morning's agenda, public comments on general topics.
MR. MILLER: Madam Chair, you have two registered speakers.
Your first speaker is Bob Krasowski. He'll be followed by Randy
Cohen.
MR. KRASOWSKI: Glad it worked out that way.
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June 11, 2013
Hello, my name's Bob Krasowski. I wanted to request something
from you that you create the direction for an addendum to be placed
on what now exists as your beach renourishment bid proposal, which
is out now in the public and due back with proposals, I believe, on
June 17th, next Monday or something like that.
As I had mentioned before at the last meeting with two of you
absent, the -- but I forgot to request the addendum, that I believe you
can understand how a dredge company might appreciate knowing and
possibly planning for the bidding on a project where a preference has
been stated.
And at your -- not your last meeting, the meeting before, you had
mentioned -- you had approved the presentation from staff, which one
of the things you approved was that Collier County had a preference
for operating outside of turtle nesting season, okay.
So it's not identified in the bid that this preference exists, and I
know that the way the dredges operate that they -- they'll identify a
time slot and they'll focus on that, doing the project in a time slot.
So being that you have a preferred time slot which would be --
would not include the last -- the two weeks in September and all of
October, which is part of what's out there now inviting people to bid
on, that your preference is to start November 1st and not encroach on
the end of turtle nesting season, that that should be identified in your
bid.
I think -- two other quick things, because I might lose my train of
thought.
CHAIRWOMAN HILLER: Of course.
MR. KRASOWSKI: After the meeting of -- two meetings ago,
your county staff was interviewed, and it was on Collier Focus, that
you're -- that you were planning on renourishing after -- November
1st, after November 1st, outside of turtle nesting season, numerous
articles in the Naples Daily News that referenced interviews with
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June 11, 2013
different people also state -- county people make statements that your
intention is to operate out of turtle nesting season. So the public's
being told this, but it's still sort of like not written in stone.
CHAIRWOMAN HILLER: It was supposed to be, because the
presentation made by staff -- and I actually reviewed it before the
meeting and heard it stated again on the record -- I believe Mr.
Casalanguida made the presentation. And that was actually one of the
criteria that was supposed to be included in the bid.
So staff does need to confirm that what was presented to the
board, that the board approved, was, in fact, put in the bid package.
That was supposed to be included.
MR. KRASOWSKI: I might have missed it, but I don't think so.
I reviewed it. So let's hear it from --
MR. CASALANGUIDA: For the record, Nick Casalanguida.
As Mr. Krasowski pointed out in numerous public comments,
we've said it would be outside of turtle nesting season. It was
discussed at the prebid conference but not put in the bid package, so
the bidder --
CHAIRWOMAN HILLER: It should have been, because it was
included in the presentation to the board, and those items enumerated
in that presentation was what the board approved should be in the bid
package. So that -- an amendment is appropriate.
MR. CASALANGUIDA: And we can certainly send that out,
but they're aware. What we've told them is, give us your best price
window, and then give us your best -- your price outside of turtle
nesting season. So they're going to give us the best price that they can
give us for the lowest, and then we'll have to work --
CHAIRWOMAN HILLER: But the issue is the scheduling.
MR. CASALANGUIDA: Sure.
CHAIRWOMAN HILLER: And we want to make sure, not that
we have two prices, but that we're assured that it can be done. And
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June 11, 2013
given that the scope of the project has been reduced so significantly,
and in the past we were always able to do it out of turtle nesting
season, there's no reason that we can't do it now.
MR. CASALANGUIDA: It will be up to their schedule. I think
what we're finding with the dredgers, they're going to look for their
best window with other projects they have. I think for us, we're
competing with other communities.
CHAIRWOMAN HILLER: Well, yeah.
MR. CASALANGUIDA: Certainly we can put on an addendum.
It was told at the prebid conference. That's an easy message to get out
from the purchasing department, so we will do so. But they are well
aware that we don't want to be in turtle nesting season.
CHAIRWOMAN HILLER: Well, we approved specifically that
that should be included in the bid, and it should have been included in
the bid.
MR. CASALANGUIDA: I'll make sure that they have that
message.
CHAIRWOMAN HILLER: Any further discussion?
Commissioner Henning.
COMMISSIONER HENNING: Yes. I don't recall that specific
CHAIRWOMAN HILLER: It was.
COMMISSIONER HENNING: -- discussion on the dais, but I
don't want to give new direction to this item unless there has been a
mistake, and you need to own up to it. And if we are going to get two
bids outside of -- one outside of turtle nesting and the other one best
value, best price, right?
MR. CASALANGUIDA: We're going to get one bid, sir, and the
direction we gave them was outside of turtle nesting season at the
prebid conference, so --
COMMISSIONER HENNING: So we're going to get that, right?
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June 11, 2013
MR. CASALANGUIDA: We're going to get that. We're going to
get the best priced. And then based on what they tell us where that
window is, we will have to bring negotiations back to the board and
say, if it's out of turtle nesting season, it's just the best price out of
turtle nesting season.
If the lowest price is within turtle nesting season, we will
negotiate with them to say, okay, what will it be out of turtle nesting
season. And the direction was, is to give both options to the board so
that you could evaluate price versus impact to turtle nesting season.
COMMISSIONER HENNING: Okay.
MR. KRASOWSKI: Madam Chair, if I may, because I was at
the prebid conference. Number one, the prebid conference is not
mandatory, so you have a number of companies that will be interested
in bidding here that are going on only what they know from the
packet.
CHAIRWOMAN HILLER: It's not binding.
MR. KRASOWSKI: Nonbinding. This preference is just that, a
preference. You're indicating a preference. It's not binding, but it is a
preference that will be considered by you when you're considering
this. And the reason it was brought up at the prebid conference is
because I brought it up, and I put it in questions to the purchasing
department, why isn't the -- you know, so --
CHAIRWOMAN HILLER: This is not a -- we're going to have
to stop the discussion on this. It's not on the agenda, and your time is
up, but I will --
MR. KRASOWSKI: Thank you.
CHAIRWOMAN HILLER: -- clarify for the benefit of
Commissioner Henning. I know specifically that it was presented to
the board as part of the criteria for inclusion in the bid because it is
something that I had addressed and was concerned about because
there was so much public comment about it. And so it was included
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June 11, 2013
and should have been properly included in the bid because Mr. -- or
I'm just going to say Bob -- Bob is right. There is no mandatory
attendance at the prebid, and so you've got other potential bidders that
are not aware of what our preference is, and it should be noted.
MR. CASALANGUIDA: Ma'am, we'll send the addendum out.
But because it was a board direction as a preference, not a directive to
stay out, it was --
CHAIRWOMAN HILLER: But we said it should be included in
the bid criteria.
MR. CASALANGUIDA: Not a problem to do it.
CHAIRWOMAN HILLER: Thanks.
MR. CASALANGUIDA: We still want to give you the lowest
and best price and then have you evaluate what period of time it is.
CHAIRWOMAN HILLER: Right. But we have to balance it
with the environmental interests as well so we don't have issues on
that front.
MR. CASALANGUIDA: We'll take care of that.
CHAIRWOMAN HILLER: You're very kind. Thank you.
MR. MILLER: Your final public speaker for public comment is
Randall Cohen.
CHAIRWOMAN HILLER: County Manager?
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: We have a time-certain at 10:30.
MR. OCHS: Yes.
CHAIRWOMAN HILLER: So any discussion on this matter,
after the speaker is done with his three minutes, has to conclude at
10:30.
MR. OCHS: Yes, ma'am. And I think it would also be
appropriate to give our court reporter a short break before we launch
into all those time-certains.
CHAIRWOMAN HILLER: Yes. So what I would like to do, if
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June 11, 2013
you don't mind, to those who are here for the 10:30, we'll stop at
10:30, take -- or should -- what would you like -- what's your
preference?
MR. OCHS: There's three minutes for the speaker, depending
upon how much discussion the board does or doesn't want to engage
in, you'll have time to take a break, and then start on or around 10:30,
as scheduled, with the time-certain.
CHAIRWOMAN HILLER: Okay. Thank you.
MR. COHEN: Good morning. Randall J. Cohen, 6064 Shallows
Way.
First of all, the public petitions that I had on the agenda today,
both items were approved by the Board of County Commissioners.
The representations that they're county-manager related items is
incorrect. You approved both by ordinance.
You've never seen these items. They have explicit backup
material. They've never been discussed in the past. Every item is
fully described with an exhibit backing up every representation in the
public petitions.
My questions is, why wouldn't this BCC want the taxpayers,
voters, and residents to know the truth about appointees, employees
that you guys as a BCC confirm as administrators, volunteer board
members when this BCC has emphasized truth and transparency in
county government over and over and over again?
You keep doing it, but then you say, Mr. Cohen, you can't speak,
even if it's new items and items pertaining to what you have approved
as a board. Not county-manager related items, but items that you have
approved.
What I'm asking you to do is to please read in full every item that
you've got there, see if there isn't deliberate, exact backup material
that documents everything that's written in there, and then I'm asking
you to reschedule it at your next BCC meeting so I can go forward
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June 11, 2013
with a full public petition so the taxpayers, the voters, the residents
have complete and full information related to all these items. Nothing
more, nothing less.
I've heard comments today that this is a personal vendetta by me.
What personal vendetta? Where's it at? I'm a taxpayer, I'm a resident,
I'm a voter in your district, Commissioner Hiller. That's the bottom
line.
We've spoken about this. I've met with four of these
commissioners before I ever moved forward with any one of these
items. And you asked me, if you can go forward with these items and
you have the documentation, move forward with these items, and I
have.
I met with the four commissioners, except for you, Commissioner
Coyle, between December and February. So when you sit up there
and you act like you don't know what I'm going to be talking about
and what's moving forward, I want the public to know that's incorrect.
When you talk about a vendetta, I applied for disability on
December 11th. I was no longer an employee. I was out the door,
regardless, when Mr. Casalanguida was appointed as the growth
management administrator. So there's no personal vendetta.
I collected my disability, I'm in a disability related item right
now, and that item should come up fairly soon.
The other thing that I would like to comment on is I really don't
appreciate the comments pertaining to slander. The response is, when
someone accuses someone of slander, that's a major offense. And the
defense to slander is truth, and I welcome the truth and transparency
that you as a board have espoused and have asked for over and over
and over again.
And those documents that you just got right there, every one of
them's backed up with documentation in its full and unadulterated
truth.
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June 11, 2013
So I'm asking that the items be scheduled for public petitions, I
ask that you read every item carefully, and I ask that this board
reconsider the actions that you took earlier today, because they're new
petitions. They have nothing to do with anything that you've seen
before.
Thank you very much.
CHAIRWOMAN HILLER: Any comments by the board?
COMMISSIONER HENNING: I would caution members of the
board to look up some of the material back there in the backup,
because it is very graphic.
MR. COHEN: Can I comment on that?
MR. OCHS: Commissioners?
MR. COHEN: Let me comment on that, because the graphic
material that you were presented comes straight from the disciplinary
action against one of your employees. It comes from an investigation
folder. And that graphic material was not going to be shown on the
visualizer, okay, but it's part of an investigation and part of a behavior
action plan against one of those individuals that's cited in this. That's
-- so it's part of the public record. I got it from the county.
CHAIRWOMAN HILLER: And your package will be made part
of the public record, Mr. Cohen.
MR. OCHS: Madam Chair, the -- would you like to give your
court reporter a short break before your time-certain hearing?
CHAIRWOMAN HILLER: Would you like a break, or do you
just want to keep working and never stop?
MR. OCHS: Ten minutes, Madam Chair?
CHAIRWOMAN HILLER: We'll take a 10-minute break.
MR. OCHS: Thank you.
(A brief recess was had.)
CHAIRWOMAN HILLER: This meeting is called back to order.
MR. OCHS: Madam Chairman, that takes us to your
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June 11, 2013
time-certain items. They are 14A1 through 14A5 this morning under
your regular agenda, airport authority.
Item #14A1
AA RESOLUTION 2013-123: COLLIER COUNTY AIRPORT
AUTHORITY RESOLUTION AMENDING SECTION 4 (FIRE
AND SAFETY) OF THE AIRPORT'S RULES AND
REGULATIONS. THIS ITEM IS A COMPANION TO ITEM
#14A2 - MOTION ADOPTING THE RESOLUTION ALLOWING
HOT-FUELING AND RISK MANAGEMENT TO REVIEW AND
BRING BACK INSURANCE REQUIREMENTS AT A FUTURE
BCC MEETING — ADOPTED
MR. OCHS: The first one is 14A1. It's a recommendation that
the Collier County Airport Authority adopt the attached resolution and
amend Section 4 of the airport rules and regulations. And this item
was brought forward by Commissioner Henning.
CHAIRWOMAN HILLER: Let me begin by saying 14A1
through 5 have all been brought forward by Commissioner Henning,
so I'm going to go, in each case, back to Commissioner Henning to let
him address the issue and lead the discussion.
But before we begin, we have a number of public speakers. And
some of you have signed up for multiple items, some of you have only
signed up for a single item. What I would like to ask is if you have
comments that relate to all of these items, if you could speak one time,
and we'll recognize that you're speaking to 14A1 through 5 rather than
repeat the same thing over and over and over again.
So if you could keep that in mind, we'll start with 14A1, and if
you're one of those speakers who wants to make a general comment to
apply to all, we'll start with that agenda item and make sure that your
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comments are considered ahead of the discussion on the future items,
if that's acceptable to all the public speakers, because I know we have
a lot in the audience. So no need to repeat. We'll recognize you for
all items.
Commissioner Henning.
COMMISSIONER HENNING: Thank you, Madam Chair. You
asked me to work with the County Attorney's Office to bring back a
lease for Fletcher's Flying. We have accomplished that. There are
some requests by Mr. Fletcher and his company.
I do want to recognize my aide, Camden Smith, on the great
work that she has done through this whole process, several phone calls
to other airports, working with Mr. Curry, and so on and so forth.
I do want to say that Mr. Curry, on some of these items, does not
agree. He is our airport director, and I think it's fair that -- after my
presentation that you listen to your airport director so we can make a
sound decision.
This first one is changing our policies through a resolution. One
of the issues with Fletcher Flying is hot fueling. And, by the way, we
do have pictures of his planes that have been modified for hot fueling.
Mr. Fletcher's -- Fletcher Flying is recognized by the FAA to hot fuel
his planes, and he has certain procedures.
And I can tell you that we went through risk management to
make sure that he has the proper insurance in case of an accident. So
that's what I'm presenting today is a -- is the resolution to change the
policy on hot fueling.
Any questions?
COMMISSIONER FIALA: Do we want to hear from the
speakers before or after we speak? Because I do have a question.
CHAIRWOMAN HILLER: Commissioner Fiala, why don't you
ask your question now.
COMMISSIONER FIALA: Okay. I read through everything in
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the agenda packet, and one of the things the Federal Aviation
Administration recommends is that hot fueling be conducted only by
aircraft utilizing Jet A or Jet Al fuel types. And then it says, if strict
operating procedures are not followed, hot fueling of aircraft utilizing
AvGas can be extremely hazardous due to its low flash point.
Can you tell me what type of fuel Fletcher Flying Service
utilizes? Of course, this is not for Fletcher. It's for everybody. I
understand that.
COMMISSIONER HENNING: Well, it's for everybody under
criteria.
COMMISSIONER FIALA: Right, right.
COMMISSIONER HENNING: Certain criteria.
COMMISSIONER FIALA: But I just wanted to bring out that
point, and I'm asking -- or maybe I can just -- on the item that is
directly related to Fletcher and their hot fueling, maybe I should ask it
under that item instead, right? Is that what you would prefer?
COMMISSIONER HENNING: It doesn't matter. I think --
Camden, do you want to show how a plane --
COMMISSIONER FIALA: No, I just want to know the type of
fuel.
COMMISSIONER COYLE: Okay. They use jet fuel.
MS. SMITH: Yeah. This is Camden Smith, for the record.
COMMISSIONER COYLE: It is less volatile than gasoline.
MS. SMITH: He uses Jet A fuel.
COMMISSIONER FIALA: That's what I wanted to know.
Thank you.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: I don't know. I guess I was
expecting a presentation of some kind concerning this process.
But the thing that bothers me, troubles me, is that the insurance
underwriter has very clearly specified that he is concerned or troubled
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about the amount of insurance, and he has asked that the airport
manager be aware that one million dollars in liability coverage may
not go a long way. And if we get sucked in on a big enough loss, it
would affect the accident-loss history through no fault of their own,
that means through no fault of the airport manager's fault.
The FAA says that this is a dangerous process and should be only
conducted under specific circumstances. And if we're going to ignore
that warning and allow it for routine processes of refueling at Collier
County, or the airport in Immokalee, I think we need to take into
consideration the need for higher liability insurance limits in order to
protect the interests of the taxpayers of Collier County.
COMMISSIONER HENNING: Commissioner Coyle, I think
you ought to hear from your -- the county manager's risk management
personnel on this issue. I thought that was resolved, but I may be --
stand corrected.
MS. SMITH: Yeah, Camden Smith. Risk management was
working on this with us, and they can go through the procedures on
what would be directly affecting 14A1. This is not related directly to
14A2, but a related item.
MR. WALKER: Good morning, Commissioners. Jeff Walker,
risk management director.
The underwriters with our carrier, Global Aviation, did express
some concerns about the liability limits of Fletcher Flying Service.
They were satisfied that they had the proper coverage in place, that
they had waiver subrogation in place, that they had the additional
insured provisions in place. They did express some concern about the
million limit.
But, again, that's a policy decision for the board. You know, I
might recommend that you look at a limit of 2 to 5 million as an
alternative.
COMMISSIONER COYLE: The million-dollar limit is almost
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the minimum that any aviation organization airplane owner will be
able to get by with, and this is for at least three aircraft.
MR. WALKER: The coverage itself is okay. The limit was the
only issue.
COMMISSIONER HENNING: That's per incident.
MR. WALKER: That's correct.
COMMISSIONER HENNING: Okay. And are you
recommending more per incident?
MR. WALKER: Well, I know in the case of EMS MedFlight,
we actually carry a 30 million limit, and that is at the request of,
typically, hospitals in other areas that we fly into. I'm just saying that
it is not unusual in the aviation business to carry limits of 5 million or
higher. That is not unusual at all.
COMMISSIONER HENNING: Okay. Thank you.
Now, can you tell us what the airport coverage for liability is?
MR. WALKER: We carry -- we carry a million limit on liability
on the airport; however, the airport's a little bit different of an
operation. An airport liability policy is like a general liability policy.
It covers things like trips and falls on premises, things of that nature.
Now, when you're getting into the operation of an aircraft, that is
a little bit of a different beast in terms of the exposure.
COMMISSIONER HENNING: Okay.
Madam Chair, I think it's appropriate to hear from Mr. Curry.
COMMISSIONER COYLE: Don't go away. I have another
question about insurance for you.
It says here that under the "who's covered" section of the policy,
shall include Collier County Board of County Commissioners acting
as the Collier County Airport Authority but only for claims of bodily
injury, mental anguish, or property damage and, specifically,
excluding claims for personal injury while the insured aircraft is being
operated by the policy holder.
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I have no idea what that means. Can you tell us in English?
MR. WALKER: Yeah. I raised that issue with the carrier as
well, because these are manuscript policies. Aircraft policies are
nonstandard.
Personal injury in the insurance business typically refers to
defamation of character, those type, slander and libel defamation of
character. That's the reason I wanted it to specifically address the issue
of bodily injury separate from personal injury. Because if you listen
to attorney commercials, they equate personal injury with bodily
injury, and it's a different animal in the insurance business. So when
they rewrote that, I wanted them to specifically address the bodily
injury issue.
COMMISSIONER COYLE: Okay. Can you tell me what that
means? Give me an example of how it would apply in the case of an
accident.
MR. WALKER: You know, if they were hot refueling and there
was an explosion of some kind and there was shrapnel that hit a
bystander, a third party who happened to just be there, that's an
example of a bodily injury claim arising out of that particular type of
activity.
COMMISSIONER COYLE: And it would be covered?
MR. WALKER: Yes, sir.
COMMISSIONER COYLE: To our benefit?
MR. WALKER: Yes, sir. And this was reviewed by our
aviation carrier as well as our aviation broker.
COMMISSIONER COYLE: Okay. Thank you.
CHAIRWOMAN HILLER: May I ask a question before
Commissioner Fiala does? With respect to our liability limits under
sovereign immunity, how does that interface with the policy that
you're describing? And is your concern a bill of attainder, or what is
the issue? Because I thought that our liability limit statutorily was,
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like, 200 per incident, and for cumulative incidents it was 300,000.
MR. WALKER: Well, it is for a public entity under Florida
Statute 768.2(A). In the case of Fletcher Flying, they would not fall
within that.
CHAIRWOMAN HILLER: But that's their problem.
MR. WALKER: It is, however --
CHAIRWOMAN HILLER: So how does that become our
problem? Because, you know, given that there's subrogation, given
that, you know, we're actually -- for our 200-, 300- limit will be
covered, I mean, why do we care about how he covers himself with
respect to his corporate or personal liability?
MR. WALKER: Well, I think that good risk management
practice is that you want the entity who is creating the exposure to be
financially responsible for any acts that occur under their supervision.
CHAIRWOMAN HILLER: But they are. I mean, they're
indemnifying us. There's subrogation. I mean, you've got that all
covered. I mean, as a matter of law, they can't have recourse against
us.
MR. WALKER: I think the issue is you want them to have the
type of limit that they could -- that is sufficient to address the
occurrence.
CHAIRWOMAN HILLER: And are we requiring -- are we
looking into the insurance requirements of other -- not with respect to
hot fueling, but with respect to the other planes that are landing at our
airport that potentially could cause some sort of harm to a passerby or
an employee? Are we looking at that issue with respect to people who
land at our airports with respect to other planes that are tenants at our
airports, or are we singling him out?
MR. WALKER: Well, again, our office is not aware of planes
that land at airports. I mean, we tend to just review tenants and leases
and contracts that occur at our airports. We wouldn't know about --
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Mr. Curry may know something that I don't know, but we don't have
any knowledge --
CHAIRWOMAN HILLER: And the only reason I'm raising this
is, you know, the issue of bodily injury in the example you gave -- I
mean, while we're talking about hot fueling -- could come about for
any number of other reasons. So, you know, you're raising a broader
insurance coverage question as to whether or not people who use our
airports with their private planes or commercial planes, as the case
may be, or, you know, companies that are using our hangars to store
their planes, have the type of coverage to protect, for example,
invitees, passer-bys, whoever, at the airports. I mean, you're opening
a can of worms that goes beyond this hot fueling issue.
MR. WALKER: And, again, I'm expressing what the opinion of
the aviation underwriter was at the time. We asked for the opinion of
Global Aviation with regard to the limits.
CHAIRWOMAN HILLER: And is Global Aviation our
underwriter?
MR. WALKER: Global Aviation is our carrier for the airport.
COMMISSIONER HENNING: Madam Chair, I don't want to
get too far off.
CHAIRWOMAN HILLER: I agree, but I think we have an issue
here, not just with respect to this hot fueling. I think there's a global
insurance issue --
COMMISSIONER HENNING: For the airports?
CHAIRWOMAN HILLER: -- with respect -- for the airports.
COMMISSIONER HENNING: Maybe they'll be raising;
however, this item is particularly changing the policy at the airport.
And working with the County Attorney's Office -- if you can
allow him to elaborate on what we're doing with this particular item.
And as far as the insurance of the airports, that's something that
Mr. Curry maybe should look at and make recommendations to the
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airport authority.
CHAIRWOMAN HILLER: And maybe what we could do is
accept what you're proposing, Commissioner Henning, as presented
with, you know, the million-dollar policy, subject to change
depending on, you know, what the research shows with respect to, you
know, insurance of our airport users generally.
COMMISSIONER HENNING: Correct.
CHAIRWOMAN HILLER: You want Commissioner Klatzkow
to --
COMMISSIONER HENNING: Yeah.
CHAIRWOMAN HILLER: Commissioner? I am so sorry. It's
the chocolate. I'm sorry.
COMMISSIONER FIALA: May I ask a question?
CHAIRWOMAN HILLER: Yes, Commissioner Fiala.
COMMISSIONER FIALA: Okay. This also includes all three
airports, this request, or this amendment, or resolution, excuse me, all
three airports? I wanted to know maybe -- I don't know if you know
this, Jeff, but you can stay there. How many other airports in this
vicinity allow hot fueling? Could you give me that answer? I mean,
you know, just like small, little airports, LaBelle or --
COMMISSIONER HENNING: Well, I could tell you LaBelle
does.
COMMISSIONER FIALA: They do? And the reason I ask is --
not because I wanted to say that so much -- is that if they -- if there
aren't many and if crop dusting companies or whatever find that this is
the place to go so that they can hot fuel their planes, we have to take
that into consideration when we're talking about insurance. We're not
only talking about Fletcher Flying. We're talking about anybody now
who wants to use this airport or Everglades City airport, because we
have to make sure that this is a blanket protection for us and for the
airports, because now we're opening up an opportunity that many
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June 11, 2013
people might be looking for and do not have at this time.
COMMISSIONER HENNING: Well, here's the issue,
Commissioner Fiala. It takes a special apparatus to hot fuel --
COMMISSIONER FIALA: I read all of that, yes.
COMMISSIONER HENNING: -- that is not on the tanks. So if
somebody would come in and hot fuel, they would have to have --
actually have that apparatus, and it's -- usually it's a mobile tank that
you apply to it, and you've seen that in the backup on how that's done.
COMMISSIONER FIALA: Yes, but I'm talking about insurance.
I'm talking -- if we have other people wanting to use this, is $1
million a fair amount of insurance to cover other people that also want
this, or is it just molded just for Fletcher?
COMMISSIONER HENNING: Just one. That is the
requirement. I know we're off base here on 14A1, but that is the
discussion that we had with risk of insurance, just one million.
COMMISSIONER FIALA: And this is for all airports and for all
hot fueling, right?
COMMISSIONER HENNING: No. It's just for --
CHAIRWOMAN HILLER: Just Mr. Fletcher.
COMMISSIONER HENNING: The insurance --
COMMISSIONER FIALA: This isn't -- this doesn't say just
Fletcher.
COMMISSIONER HENNING: Well, you're asking two
questions.
COMMISSIONER FIALA: No, I don't think so. I'm talking
about all three airports that are included in this topic, and it doesn't
mention Fletcher at all. It talks about hot fueling.
COMMISSIONER HENNING: Okay. Well, we would require
-- I hope we would require anybody that wants to hot fuel make sure
that they have the proper insurance.
COMMISSIONER FIALA: And is $1 million appropriate for
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all?
CHAIRWOMAN HILLER: They're going to research.
COMMISSIONER FIALA: Yeah, I'm just -- I just want to
clarify.
COMMISSIONER HENNING: For each.
COMMISSIONER FIALA: Is it appropriate for all companies
who want to come in and hot fuel because they feel this is a -- you
know, something that they would like to participate in as well? Is that
insurance a fair number for anybody else also who wants to come in?
MR. WALKER: Well, I don't know that I can give you that
answer as I stand here right at this moment. That's something we
would have to research and find out.
CHAIRWOMAN HILLER: That's what I think we were talking
about earlier. This isn't part of the agenda, but it's a tangential
question that has to be asked. Everybody that's similarly situated has
to have the same standard apply to them. So, you know, if someone
wants to hot fuel, they have to provide proof of insurance of X dollars
at whichever Collier airport they're hot fueling at. And so you'll bring
that back to us?
MR. WALKER: Yes, ma'am, we would be happy to do that.
CHAIRWOMAN HILLER: And if you could tell us, you know,
what the requirements are with respect to insurance from other
airports. And that way we won't discuss the question of insurance as it
relates to hot fueling or, you know, general coverage as to airport
users till another agenda item at a future meeting.
Is that acceptable, Commissioner Henning?
COMMISSIONER HENNING: (Nods head.)
CHAIRWOMAN HILLER: Did you want to refer to the county
attorney to say anything?
COMMISSIONER HENNING: I would.
MR. KLATZKOW: What we're talking about here, really, and
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it's -- Jeff s title is risk management, okay. If you want to completely
eliminate the risk, you don't allow hot fueling.
But these items in total here are an attempt to continue a
relationship with a valued member of the community here, because we
don't have a lot of crop dusters, and we don't have a lot of people who
fight fires who are aircraft, all right. So this is, really, how do we keep
Mr. Fletcher in business in Collier County?
Now, you have minimum insurance, and then you can go up from
there. For example, we all drive cars. The state requires a minimum
insurance to get a license. I have the maximum allowed by law.
I don't know why I get this back feed.
COMMISSIONER FIALA: I don't know what that noise is.
MR. KLATZKOW: But somewhere in between, you know,
there's something that we're comfortable with.
So I guess the real question -- and Mr. Walker will come back --
is what are we comfortable with as far as a minimum insurance for
something like this goes.
Your point that we have a $200,000 statutory cap is well taken. I
don't know if we really need to require somebody to indemnify us for
$30 million if we have a $200,000 cap.
But Jeff is outstanding at what he does, and I would --
CHAIRWOMAN HILLER: We trust you, and you just bring it
back to us.
MR. KLATZKOW: I would recommend, you know, whatever
he recommends.
CHAIRWOMAN HILLER: All right. So we'll just wait till you
come back and tell us what other airports do and how these issues are
addressed. Thank you.
Commissioner Fiala, are you done? Your light is back on.
COMMISSIONER FIALA: No, I'm finished.
CHAIRWOMAN HILLER: Okay. Commissioner Coyle?
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COMMISSIONER COYLE: Yeah. I just want to emphasize
that for this item, for 14A1, the safety alert for operators from the U.S.
Department of Transportation, FAA, that is attached as a backup for
this particular item. And it clearly says that hot fueling loading can be
extremely hazardous and is not recommended except when absolutely
necessary due to the nature of the operation.
Now, that's a very clear warning that one should be somewhat
selective in how you go about allowing these operations.
Now, what we're contemplating doing is ignoring that warning
and saying, well, you know, it doesn't make any difference about the
nature of their operations and whether it's absolutely necessary. We're
just going to do it for all of our airports and make a general change.
That's dangerous. That's very, very dangerous. It might be
perfectly safe with Fletcher doing it, but how do you do that without
carving out a special exemption for anyone at one of our airports?
And that is a very important consideration.
So whatever we do with this, if the decision is to allow Fletcher
to hot fuel, we need the right -- a change in airport operations in a way
that doesn't open the door for just anyone who wants to begin doing it.
And certainly having an open port fueling connection is going to cost
somebody money, both for their adaptation of their airplane as well as
the refueling stuff.
But it is not out of the question that somebody might want to
exercise that right and begin hot fueling in other places and other
airports. So it's just something we need to try to anticipate so that we
don't increase our risk, because we are ignoring a very pointed
warning from the FAA about the danger of doing this.
CHAIRWOMAN HILLER: County Manager? I'm sorry.
County Attorney?
MR. KLATZKOW: Yeah, I concur with Commissioner Coyle,
which is why it's structured that nobody can hot fuel without the prior
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written approval of this airport authority. And so any application has
to come forward to this board. And these questions will be asked, do
you really need to do this for your business? Do you have the
sufficient insurance? Do you have the sufficient procedures in place
so that --
COMMISSIONER COYLE: But it's -- those questions are not
going to be asked unless you put that in the regulation.
MR. KLATZKOW: They are in the regulation.
COMMISSIONER COYLE: Okay.
MR. KLATZKOW: They have to come forward with an
application to you.
COMMISSIONER COYLE: What kinds of justifications are
necessary in order to get approval for hot fueling?
MR. KLATZKOW: I think every business is going to be
different, sir.
COMMISSIONER HENNING: We're going to hear that on
14A2.
COMMISSIONER COYLE: Okay. All right.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes. I concur with what
Commissioner Coyle is saying and our county attorney. Crop dusting
and firefighting by air are inherently dangerous. Application of
pesticides is inherently dangerous. Hot fueling that supports those
activities is inherently dangerous. I think that's agreed.
I think we should put it in the hands of our risk managers to
indicate how much insurance we have. But if we're going to support
ager business, which in Collier County alone has a $2 billion
compound economic impact -- if we're going to support the county
areas in Southwest Florida that have similar interests, if we're going to
support our citrus industry which is in crisis, and we're going to avail
ourselves of the specialized services which Mr. Fletcher provides in
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the event we should have a catastrophic wildfire circumstance, I think
it is clear that it's in the best interest of Collier County and the airport
authority to do whatever it takes to set this up so that we can do this
activity.
We say repeatedly we want economic development. We want to
encourage industry and manufacturing. Allowing those activities are
going to have risks that are different from the urban coastal zone in
this county.
So I think we just need to move on, and I completely support
Commissioner Henning's effort in this direction. And I want to go
ahead and, if we can, hear from the public speakers and move forward
with doing this.
CHAIRWOMAN HILLER: Commissioner Nance, in light of
what you just said, would you like to make a motion to support 14A1?
COMMISSIONER NANCE: I certainly would.
CHAIRWOMAN HILLER: Do I have a second?
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: And with that, we'll turn to the
public speakers. Would you like to speak first?
COMMISSIONER HENNING: Well, at a certain time I think
you ought to hear from our director.
CHAIRWOMAN HILLER: Absolutely. Would you like to do
that before or after the public speakers?
COMMISSIONER HENNING: It's up to you.
CHAIRWOMAN HILLER: Then let's go ahead and listen to our
public speakers and then allow Mr. Curry to respond, and that way he
can address whatever concerns are raised by the public speakers, and
you can address the board as well.
MR. MILLER: Your first speaker for 14A1 is Ron Hamel. He'll
be followed by Gene McAvoy.
CHAIRWOMAN HILLER: And in each case --
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June 11, 2013
MR. HAMEL: Can I just circulate this?
CHAIRWOMAN HILLER: Yeah. And please give a copy to
the court reporter.
In each case, if you have general comments, state what your
general comments are first, and then if you have a comment on the
specific agenda item, which is 14A1, then follow that by stating your
comment with respect to 14A1 is, and then continue.
MR. MILLER: Madam Chair, Mr. Hamel here has registered to
speak on Items 1 through 5.
CHAIRWOMAN HILLER: On 1 through 5. So if you could
just be Gone Juan (sic). You're wonderful. Thank you. And thank
you for being here. We really appreciate you taking the time.
MR. HAMEL: Commissioner, how are you?
COMMISSIONER COYLE: Good. How about you?
MR. HAMEL: Madam Chair, members of the commission, I
guess, seated as the airport authority as well. Is that procedurally what
we have here?
For the record, my name is Ron Hamel, and I'm executive vice
president of the Gulf Citrus Growers Association, and we represent
the citrus industry in the five counties, including Collier, Charlotte,
Glades, Hendry, and Lee Counties.
I'm pleased to recognize several members of our industry in
support of agriculture that are here today to discuss this issue. And I
will say that it's somewhat unique for me to step up and do what we're
doing, and that is to support an individual member in an issue like this.
But we feel that the Fletcher Flying Service and the operations at
Immokalee airport are critical to the long-term survivability of our
industry.
I would like to say that we certainly support the
recommendations that are being proposed today, all of the
recommendations that will allow the Immokalee airport to more
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effectively and efficiently operate while, at the same time, keeping the
airport safe and operating in accordance with federal, state, and local
rules and regulations; at least that's what we understand the proposals
do.
We would like to extend our sincere thanks to Commissioners
Henning, Hiller, and Nance specifically for their efforts in addressing
the key issues that have come to -- come into focus there at
Immokalee Airport.
As we are all aware, the Immokalee airport's strategic rural
location and operations are critical to the very survival of our citrus
and agricultural industries here in the region.
The Immokalee airport, from which Fletcher Flying Services
provides its aerial spraying operations, has actually grown in its
economic importance to our industry as the citrus growers of Collier,
Hendry, and surrounding counties have been facing the battle against
the deadly greening disease. And many of you have already heard
that this disease is not only here in Florida, but it has spread to Texas
and California. So this has grown from a local issue to a national and
international issue.
And greening definitely has the potential to wipe out our citrus
industry here in Florida, Texas, and California.
I provided a handout of our last newsletter which kind of tells a
little bit more in detail about some of the efforts that are going on.
We've been in this battle with greening for -- since 2005.
But working with UF/IFAS Southwest Florida Research and
Education Center scientists, Florida Department of Agriculture, and
the U.S. Department of Agriculture regulators and aerial applicators,
such as Fletcher Flying Service, our association has put together one
of the best programs in Florida to reduce the population of the Asian
citrus psyllid, the insect that spreads the greening disease.
At the center of this effort is an intensive, cooperative aerial
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spraying initiative, most of which is coordinated through Mr.
Fletcher's good services.
Our region, Southwest Florida, was the first geographical area in
the state to organize such an effort, as was recommended by the
National Academy of Sciences, to create what they call citrus health
management areas, or CHMAs, that paid close attention to all the
pests and diseases that are impacting the industry but more
specifically, in this case, the greening disease.
We're in the process of reorganizing our efforts and redoubling
our efforts to deal with this disease here in the area.
The decisions that you make today regarding the Immokalee
airport are very timely and provide positive economic and operational
solutions to the issues that have evolved at the facility over the past
several months.
Although GCGA is supportive of all the proposed
recommendations that are being presented today, we are particularly
supportive of the recommendations to amend Section 4, fire and
safety, of the airport rules and regulations to allow for what is called
hot fueling provided -- and I think this was speaking to Commissioner
Coyle and Commissioner Fiala's, that proper safeguards are in place
from all perspectives, including the insurance, and I believe that
you-all are prepared to move forward with that.
We also recommend that if that technology is adopted, that it
certainly be applicable to the Fletcher Flying Services.
I'll just end by --
CHAIRWOMAN HILLER: Can I interrupt you for one
moment?
Members of the board, given the fact that Mr. Hamel does
represent the Gulf Citrus Growers Association, would you mind if we
indulge him with a few more minutes to let him finish?
COMMISSIONER FIALA: No. And he was registered for all
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five, so he's doing the whole thing at one time.
CHAIRWOMAN HILLER: Would that be okay?
MR. HAMEL: I'm trying to rush through this.
CHAIRWOMAN HILLER: No, no. This is very important --
COMMISSIONER FIALA: Take your time.
CHAIRWOMAN HILLER: -- because you're representing a
whole industry, and we're concerned about the industry, so continue.
MR. HAMEL: Thank you very much. I certainly do appreciate
that.
Anyway, going back. Let me see where I ended here. Okay.
The hot fueling also be extended to Fletcher Flying Services
provided that the company provides a required SOP, which is
indicated in your backup information and insurance as proposed.
Our support is based on our understanding that hot fueling is an
authorized and common practice in rurally located airports throughout
the United States which are providing agricultural spraying services.
Also, and most importantly, this procedure allows for the most
economically efficient and timely spraying operations for citrus
groves. And I'm not a technologist. I'm not an airport -- or an aviator,
which I'm sure that any of these people that are actually representing
them can get into the details there.
But as I understand it, it's a time-and-money issue as well as one
that allows a plane to fly more efficiently and operate more efficiently
and on a timely basis which, as these little bugs move from grove to
grove, it is a critical factor.
Again, we thank you for your leadership in working to resolve
the issues at the Immokalee airport and its growing importance to the
agricultural communities that it serves.
This facility and its operations is economically critical to our
industry, particularly at this time, as its strategic base for our battle
against citrus greening.
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We respectfully request your support for the recommendations
that are before you as members of the Collier County Airport
Authority.
And, you know, just to kind of reiterate a little bit of what I've
said, here's a recent editorial by our Florida agriculture commissioner,
Adam Putnam, on save our citrus. And one of the things we're doing
here in this region is doing far and above what other regions of the
state are doing, and that is to try to save our industry.
And we certainly appreciate your time and the courtesy that
you've extended to our industry and also your time that you've taken
to really look into this issue, because it's really critical for the future of
our -- of citrus and whatever other pests and diseases that could come
to this region.
CHAIRWOMAN HILLER: Thank you, Mr. Hamel.
MR. HAMEL: Thank you.
CHAIRWOMAN HILLER: I want to just add one comment, and
that is that the cocktail, if you will, that Mr. Fletcher is spraying over
the orchards to protect against the greening was developed
scientifically by a part-time resident and actually full-time orange
grove owner here in Collier County, Mr. Maury Boyd. So we owe
him a lot as well, and that is what Mr. Fletcher is actually spraying is
Mr. Boyd's solution to the citrus greening problem.
COMMISSIONER FIALA: And, of course, I think everybody
wants to protect our citrus industry.
CHAIRWOMAN HILLER: Absolutely.
COMMISSIONER FIALA: I mean, without exception.
Nobody's ever said, no, we don't want to spray. That's a lifeline for
our county and actually for this whole region. And we certainly
would want that to be done. We're just talking about specifics, but
certainly not to degrade in any way the spraying or the encouragement
of assisting and working with the citrus industry.
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June 11, 2013
CHAIRWOMAN HILLER: Thank you very much.
MR. MILLER: Your next public speaker --
COMMISSIONER NANCE: I'd like to make one statement.
One, Mr. Hamel, I'd like to especially thank you, sir, for your
initiative at coming here today and also your leadership not only with
your -- within your association, but within the industry as a whole.
I think we should be very proud that our citrus industry in
Southwest Florida, which includes five counties and over 125,000
acres of citrus, has been a leader in attacking this dreaded disease. It's
been an international problem for decades. It goes back into the '70s
in our discussions in Florida.
But thank you, sir, everything you've done to coordinate the
effort between -- not only with the industry professionals, but the
University of Florida and the growers.
Thank you so very much.
CHAIRWOMAN HILLER: And I'd like to say, one other thing
is -- if you don't mind, if you would take the time to attend -- when we
have our economic workshop on, you know, what's going on with
respect to the rural communities of Collier County, that you attend
because, obviously, citrus is a very large part of that segment of
Collier County.
And, Mr. Ochs, if you could let Mr. Hamel know when that
workshop is held and invite him to that. If you have any comments or
would merely like to listen, we would appreciate you being there.
MR. HAMEL: Sure. If you were to go back and search the
record, we have been pretty heavily involved over the years with the
rural stewardship program and many initiatives here in the county,
although we're a regional association and we try to cover the
waterfront, so to speak, in the five-county region as well as around the
state.
But we have very progressive growers in this part of the state;
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we're blessed with that. These guys are doing everything they can to
be competitive and stay in business and, you know, every little bit
helps.
But this issue has come up, and it just so happens that,
strategically located, that airport is critical to dealing with this battle,
and who knows what else is coming down the front.
But I appreciate the kind comments and appreciate you-all's
leadership in looking into this and trying to make something work for
everybody, including the county.
CHAIRWOMAN HILLER: Thank you, thank you.
COMMISSIONER NANCE: Thank you.
MR. HAMEL: Thank you.
MR. MILLER: Your next pubic speaker is Gene McAvoy, to be
followed by Phil Stansly.
MR. McAVOY: Good morning, Madam Chairman,
Commissioners. Thank you for letting me speak today.
I just wanted to, again, support Mr. Fletcher's Flying Service and
the service that it provides. As was mentioned, agriculture and citrus
is a multi-billion-dollar industry in this area. We have approximately
125,000 acres of citrus which is located around Immokalee airport. It's
strategically located in that it's central not only to the citrus here in
Collier County, but in Lee and Hendry Counties as well.
And in this industry time is money. If we have to move that
service to another location, for example, LaBelle, you're going to add
50 miles flying time round trip on many of our operations in the
Collier County area.
Timeliness is also of an essence in the battle against the citrus
psyllid in that we're trying to cover, over a very short period of time,
125,000 acres, which requires that those planes come and go as fast as
they can to cover that area uniformly in a short period of time.
Because if you don't do that, you spray one area, psyllids are going to
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move and build up in another area. So, basically, you have to contain
that pest and hit it simultaneously across that big area.
Hot fueling, as has been mentioned, is a common practice. This
is done in LaBelle. It's done in Belle Glade. It's done in rural
agricultural airports all over the country. It's, you know, nothing new,
and it's been done successfully in many, many areas.
So, again, this is essential to our industry, and we hope that you
will support this.
I forgot to mention who I am. I'm the extension directer in
Hendry County. We're in charge of the multi-county agents that
support agriculture, University of Florida agents across the area, so --
CHAIRWOMAN HILLER: So please come to our workshop as
well.
MR. McAVOY: Okay.
CHAIRWOMAN HILLER: In fact, just get the word out as soon
as the county manager sets the date. I encourage everyone that
represents the various facets of the agricultural industry, that they all
come. And we know that you're coming ahead of time so we can
consider your issues.
MR. McAVOY: Okay.
COMMISSIONER NANCE: Thank you so much, Gene. Just as
a way of background for everybody, how long have you worked for --
in your capacity as a professional?
MR. McAVOY: I've been in my capacity 18 years in this area
with the University of Florida, and I've worked in agriculture for my
entire career of over 40 years now.
CHAIRWOMAN HILLER: That's great.
COMMISSIONER NANCE: In your professional experience
now with our ager business professionals, are there any producers out
there now that are not using integrated pest management and relying
upon timeliness for their pesticide applications?
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June 11, 2013
MR. McAVOY: None, none, Tim. It's essential that we, you
know, do these kind of things to control the pests and diseases that are
constantly threatening the industry.
COMMISSIONER NANCE: Gene, thank you, once again, for
your service, and thanks for coming today.
COMMISSIONER FIALA: And we're happy you're doing that,
by the way. Thank you.
MR. MILLER: Your next speaker is Phil -- pardon me, Phil --
Stansly.
MR. STANSLY: Correct.
MR. MILLER: He'll be followed by Bill Garrett.
MR. STANSLY: Thank you. I appreciate this first opportunity
I've had to address the Collier County Commission.
My name is Phil Stansly. I'm professor of entomology at the
University of Florida Research Center in Immokalee. I've been there
since 1989. I'll probably die there. They say some of us are on drop,
but I'm on a drop-dead program. I love my work, and I enjoy being
there.
But I haven't really had a sense of mission that I've had -- like
I've had here since 2005 when we first detected greening in the state. I
was wondering whether any of you read the Scientific American
article, might have seen that, where the headline was, "The End of
Orange Juice." Well, you know, we've heard that prediction from a
number of people when greening first came here, knowing what kind
of disease it is.
Of course, we've heard that in the past, so many other new pests
and diseases are the end of citrus, but this one could really be the end
of citrus. As a matter of fact, some of the professionals,
anthropologists, my colleagues, gave us five years of survivability
and, yet, we're still there and we're still fighting.
But we wouldn't be here and we wouldn't be still fighting if it
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wasn't, to some extent -- well, for the ability to deal with the vector of
the disease, which is this psyllid that you've heard about, the jumping
plant louse that's only been in Florida since 1998, and our ability, as
Gene McAvoy just mentioned, to control it in a timely manner is
critical.
We're blessed here in Collier County, particularly, with large
extensions of citrus where aerial application is not only feasible but, in
many cases, the most efficient and effective way to deal with this
vector. We came up with a system some years ago, what we call the
dormant spray. This insect spends the wintertime basically waiting for
spring, waiting for the spring flush of citrus foliage to put its eggs and
get the next generation going, and by attacking it in this winter time
frame, what's becoming a very narrow window because of the weather
changes that we're seeing, we're able to reduce those populations to
such an extent that in many cases it's not necessary to spray again for
some time into the following year.
And so, again, it's a timing issue, and the aerial spraying is
critical. Fletcher really provides, I would say, more than 70 or 80
percent of the spraying in our area. The other companies are quite
distant and more or less on the periphery, and I really would -- I wish
he was here, because I'd like to commend him for his efforts. He's
done everything he can to maintain his costs low and make this an
effective and economical process for everyone, and I think we can
attribute our success in controlling this pest and, consequently, the
disease, to a great extent on Mr. Fletcher's efforts.
So I certainly would urge you all to support him. I understand
that there's some technical issues, and I think that we see the
resolution to those, and help us deal with this disease and keep citrus
growing in Florida.
CHAIRWOMAN HILLER: Thank you very much for your
comments and for being here today. We very much appreciate it.
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June 11, 2013
MR. STANSLY: It's a pleasure, and it's always good to talk to
an audience who's actually listening.
CHAIRWOMAN HILLER: And we care.
MR. STANSLY: And who cares.
CHAIRWOMAN HILLER: Thank you very much.
MR. STANSLY: Thank you.
MR. MILLER: Your next speaker is Bill Garrett. Mr. Garrett is
signed up for all five of these items. I don't know if you want to --
CHAIRWOMAN HILLER: Again, if you could comment at one
time, we would appreciate it.
COMMISSIONER HENNING: Madam Chair, may -- I think we
need an exception to the rule.
Bill, you are representing Fletcher Flying since Steve is not here?
CHAIRWOMAN HILLER: Oh. Oh, yeah. I apologize. That's
correct.
COMMISSIONER HENNING: So we need some interaction on
some of this stuff, especially the lease. So if you would indulge.
CHAIRWOMAN HILLER: Absolutely. And why don't we not
treat him as a speaker for those agenda items but rather as the
representative for Fletcher so that you can deal with him on finalizing
the negotiations publicly.
COMMISSIONER HENNING: We can.
CHAIRWOMAN HILLER: Thank you. Go ahead.
MR. GARRETT: I think it's evident --
CHAIRWOMAN HILLER: This is -- is this your general
commentary?
MR. GARRETT: Yes, ma'am, I'll try to be.
CHAIRWOMAN HILLER: Then limit it to three minutes, and
then with respect to the other items, it will be as directed by
Commissioner Henning.
MR. GARRETT: I think it's evident that these guys have shown
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the crisis that the citrus industry is under. I'll just get -- you know, cut
to the chase. The reason for our wanting to hot refuel is efficiency on
our part. It's -- as a pilot, Steve and I have 65 years experience, well
over 50,000 hours, the majority of it in these airplanes, and safety is
our main issue. If you look up chicken in the Webster's dictionary,
this is what you'll see.
We -- the -- our being able to refuel with the engine running lets
us haul -- in my case I haul 300 gallons of gas in that airplane, jet fuel.
And if I can fly with half the fuel on there, which is the practice in
crop dusting, it lets me take off quicker, turn quicker, plane's easier to
handle. And you do a few loads, and you take on a little more fuel. I
mean, that's what we're all about. And I'm sorry that all this has come
about, but we're just trying to do our job in the most efficient, safest
manner we can.
And I think we are certainly equipped with all the proper stuff,
our training, and we've demonstrated that we can safely do this
process. And it's essential. I mean, it certainly helps our operation to a
great extent our being able to fly with less fuel and refuel with the
engine running as we need it.
CHAIRWOMAN HILLER: Can I ask a quick question?
MR. GARRETT: Sure.
CHAIRWOMAN HILLER: You've -- have you ever done hot
fueling at LaBelle?
MR. GARRETT: Oh, yes, ma'am.
CHAIRWOMAN HILLER: And what is the insurance
requirement at LaBelle?
MR. GARRETT: I can't tell you that.
CHAIRWOMAN HILLER: So they've never asked you to
produce insurance?
MR. GARRETT: No, ma'am.
CHAIRWOMAN HILLER: What is your current insurance?
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MR. GARRETT: Our insurance is, I guess, a million dollars.
CHAIRWOMAN HILLER: A million dollars. So LaBelle
accepts a million dollars?
MR. GARRETT: I'm sure they do.
CHAIRWOMAN HILLER: I think it's important that we explore
what the other airports are requiring when we do the insurance
analysis because, you know, obviously, I'm sure they've carefully
considered this as well.
Thank you.
MR. MILLER: Madam Chair, you have three additional
speakers; however, they've all registered for Items 14A2 and A3. I
didn't know if you wanted me to call them now or not.
CHAIRWOMAN HILLER: Are you inclined to make general
comments, or are you going to speak specifically to those two items?
Can you name the other speakers?
MR. MILLER: Yeah. We have Krista Kulpa.
MS. KULPA: I think we'll speak at the end. We'll hold off.
CHAIRWOMAN HILLER: Well, you're going to speak at the
end in regards to what?
MS. KULPA: Fletcher Flying Service, the two issues of the hot
fueling.
CHAIRWOMAN HILLER: So you want to speak specifically to
14A2 and then again to 14A3, not make general comments? You're
going to speak specific to those?
MS. KULPA: No. I think we're just probably going to have
general comments.
CHAIRWOMAN HILLER: Well, then we're going to do all
general comments now.
MR. MILLER: Krista Kulpa would be next, followed by
Spencer Fletcher.
CHAIRWOMAN HILLER: Did you want them to go,
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Commissioner Henning?
COMMISSIONER HENNING: This is Steve Fletcher's wife.
CHAIRWOMAN HILLER: Okay. So would you like to give
her the --
COMMISSIONER HENNING: Yeah. I know she wants to
speak on specific items within the agendas. I'm not sure if it's 14A1.
MS. KULPA: I'm just going to have a general comment. I just
want to say thank you again, Commissioners, for bringing this forward
and working with us. We so want to resolve this issue and get on with
business. And it's been very hard -- been very hard on us, you know,
as a corporation and trying to get that business done and the stress on
Steve.
And right now he's out fighting fires, and if you can imagine
what that's like -- because he's in the middle of, you know, very
dangerous territory.
CHAIRWOMAN HILLER: Can you, again, describe what he
does with respect to firefighting and how he's the only one who does it
east of the Mississippi.
MS. KULPA: Well, I mean, he's out there right now in Nevada.
He's in mountainous territory. These are raging wildfires that are
threatening homes and lives and animals, and he's in there in the
middle of this, in the heat, in the flame. And Bill can describe it to
you, because he does it himself.
CHAIRWOMAN HILLER: Thank you very much.
MS. KULPA: I'm just very concerned about him and just want
all this resolved, and I really appreciate all the commissioners
considering him and his business.
Thank you.
CHAIRWOMAN HILLER: Thank you very much. And if you
want to speak on individual items, come forward on that. Thank you.
MS. KULPA: Thank you very much.
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June 11, 2013
MR. MILLER: The next speaker was Spencer Fletcher, followed
by Walter Fletcher.
SPENCER FLETCHER: I just wanted to say thank you for your
consideration as well. That's all I have. Thank you, though.
CHAIRWOMAN HILLER: Thank you for being here.
MR. MILLER: And Walter Fletcher.
WALTER FLETCHER: I just wanted to also say thank you, and
I appreciate all the support.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER FIALA: Do you fly also? Are all of his kids
pilots?
WALTER FLETCHER: I'm working on mine. My brother
actually was accepted to Navy Flight, so he's not going to be --
CHAIRWOMAN HILLER: Oh, that's great. Congratulations.
That's awesome.
(Applause.)
MR. MILLER: That is all your registered speakers.
CHAIRWOMAN HILLER: Go Navy. My daughter is going to
Annapolis in two weeks, Crew. I had to throw that in. I like the
Navy. What can I say? I like the Army, too. I like the Marines. I like
them all.
All right, next?
MR. MILLER: That is all your registered public speakers for
Item 14A.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Well, I think you ought to hear
from your airport director, if you don't mind.
CHAIRWOMAN HILLER: Mr. Curry?
MR. CURRY: Chris Curry, executive director of Collier County
Airport Authority.
I tried to jot down a few notes but, you know, if you didn't know
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any better, you would think I'm trying to shut down the citrus industry,
and that's certainly not the case. I mean, we're supportive of that.
Mr. Fletcher's been in service for many years at the airport prior
to my arrival. If hot fueling has occurred before that, it was certainly
not consistent with the airport rules and regulations. My concern is
addressing a policy that does not allow that type of activity to take
place.
As you know, more than a year ago, I put forth a directive that
actually amended the policy slightly to allow hot fueling for fighting
wildfires, medical emergency transport, and law enforcement.
Before that directive -- you could not even hot fuel, according to
the airport rules and regulations, prior to that.
My job is to bring before you safety issues expressed by airports
in the industry. I do agree that hot fueling should be used for those
situations I mentioned just now.
And in addition, a certificate that's approved for hot fueling by
the state or by the federal government does not allow an individual to
hot fuel on any given airport to supersede that airport's rules and
regulations.
So my concern, and as mentioned for 14A1, is that the
recommendation is very broad, and it does not allow the authority -- if
a similar tenant brought to you an SOP and proof of insurance that met
the limits of the county, there's no way that you could disapprove of
that tenant and be consistent with what the FAA considers to be fair
treatment.
So my disagreement was more with the general width of that
recommendation that I could see a situation where it would be totally
out of control.
So those are my comments in regards to 14A1.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER HENNING: Madam Chair, if I would have
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understood that -- we can address that. That was -- it was only
communicated to me is we allow hot fueling for emergency situations
such as EMS, fire, and so on and so forth. I did not know he was
objecting to any of the recommendations.
I think that -- the recommendations is, A, they have insurance; B,
they are allowed by FAA, and there's a certain procedure. That's my
understanding.
Jeff, am I wrong?
MR. KLATZKOW: I don't think so, sir.
COMMISSIONER HENNING: Okay. Well, the -- your second
speaker from Hendry County extension really hit the nail on the head
with this particular issue and why it's on the agenda. The issue is
timely eradicating disease pests and so on and so forth for the
industry. That's why it was brought forward.
Now, Camden has done research. The City of Arcadia, Belle
Glade, Delaney Municipal Airport, Tri-County Airport does it;
Clewiston Airport allows it, and so does Suwannee County.
So -- and, quite frankly, if I recall, there's no restrictions at the
City of Naples airport; however, what we're providing, I think, is
above and beyond by having requirements.
Camden, do we have that video?
MS. SMITH: Yes. Let me -- Camden Smith, for the record. Let
me just unlock it real quick.
COMMISSIONER HENNING: I want to show you a video of
hot fueling.
MS. SMITH: The one at the airport from June 5th, right?
COMMISSIONER HENNING: Correct. That there isn't any
procedure.
MS. SMITH: This is video actually taken by a tenant claiming
that there's hot fueling going on with, I think it's Turbo Services --
Chris, is that the right name of the tenant? Saying that there's fueling
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from the airports own --
CHAIRWOMAN HILLER: Can you play that again?
MS. SMITH: Yeah, I will.
CHAIRWOMAN HILLER: So are they -- is Turbo Services hot
fueling --
MS. SMITH: Supposedly a machine -- there's a closer one.
Hang on. Let me get out of this one and go to -- it's hard to tell on
here which is what. That's our airport authority truck, I believe. Now,
this is as -- what I've been told -- and the line running into their
building. The sound is the equipment of what they are fueling,
according to the videotaper. So --
CHAIRWOMAN HILLER: So they're actually hot fueling right
there?
MS. SMITH: A piece of equipment, and that line goes into the
building.
And it's also important to note that some of the airports that allow
hot fueling that I called, they may not have anybody hot fueling now,
two of them don't, but they don't have a policy against, so they do
allow it specifically for ag., a couple of them. I just wanted to make
sure that was on the record.
CHAIRWOMAN HILLER: Let me ask a question,
Commissioner Henning.
Are we allowing hot fueling generally, provided it's approved by
the board as the county attorney described? So would this tenant have
to come to us for approval? I mean, it appears that they're hot fueling
without our knowledge. Well, actually, it seems with our knowledge
because if that's a -- why is a port authority truck hot fueling a private
business?
MS. SMITH: That's fuel service fueling. But I would have to let
Chris answer that, because I'm certainly not an expert on that. Do you
want me to close this out?
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CHAIRWOMAN HILLER: Okay. If we're -- as long as we're
getting -- are we getting compensated for that?
COMMISSIONER HENNING: Well, I think the issue is, there's
hot fueling happening at the Immokalee Airport today.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER HENNING: Okay. And what I'm bringing
forward is a policy that goes above and beyond what's happening out
at the airport today.
CHAIRWOMAN HILLER: Right.
COMMISSIONER HENNING: Okay. And requiring insurance,
requiring a certain procedure, and requiring that you're approved by
the FAA.
CHAIRWOMAN HILLER: I think what you're requesting is all
extremely reasonable and would apply, for example, to this tenant as
well.
COMMISSIONER HENNING: Yes. Well, I think it applies to
the employees.
So, you know, we can beat this a little bit more, but --
CHAIRWOMAN HILLER: Well, we have a motion on the table
and a second. I'm going to allow Commissioner Fiala the last word,
and then I'd like to call for the vote.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. I just wanted to assure the
citrus industry that we certainly support spraying. I mean, we want to
make sure that all of those pesticides are sprayed and sprayed in a
timely fashion and, not only that, that they work, and anything new
that needs to be discovered.
I got the impression that the people from the citrus industry didn't
want us to -- or felt that we didn't want to spray or preserve their
crops. That certainly is not the case.
MR. HAMEL: That isn't -- if I implied that, I'm sorry.
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June 11, 2013
CHAIRWOMAN HILLER: No, I'm sorry.
COMMISSIONER FIALA: That's all right. I got that
impression.
And it was all about safety, and not only that, but the rules have
said no hot fueling, and for safety reasons. And so that's what brought
this all forward. That's why Commissioner Henning is bringing it
forward because he wants to change the rules so now they allow the
hot fueling that you're all talking about.
But it certainly isn't anything against the citrus industry. That's
one of the backbones of our community. So I just wanted to clear that
up.
Thank you.
CHAIRWOMAN HILLER: Thank you, Commissioner Fiala.
Commissioner Nance, Commissioner Coyle, I indicated prior
when Commissioner Fiala's light was on that she would be the last to
speak, and I'm calling the vote. You can reserve your comment for
14A2.
COMMISSIONER COYLE: Could I just ask for a restatement
of the motion, please.
CHAIRWOMAN HILLER: Commissioner -- I'm sorry.
Commissioner Henning, could you restate the motion?
COMMISSIONER HENNING: I believe it was Commissioner
Nance.
CHAIRWOMAN HILLER: Oh, then Commissioner Nance.
Forgive me.
COMMISSIONER NANCE: My motion is to adopt the
recommendation, the Collier County Airport Authority to adopt the
resolution and amend the fire and safety provisions of the airport rules
and regulations to allow hot fueling with any consider -- general
considerations that the board mentioned during its discussion.
COMMISSIONER COYLE: Would that include the insurance
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provisions?
COMMISSIONER NANCE: I believe that we indicated we were
going to allow our risk management to review that and to indicate
what sort of coverage was appropriate, yes.
COMMISSIONER COYLE: And that's part of the motion?
COMMISSIONER NANCE: Yes, sir.
COMMISSIONER COYLE: Okay. Thank you.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: That's it.
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Any opposed?
(No response.)
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #14A2
REQUEST BY FLETCHER FLYING SERVICE, INC. TO HOT
FUEL IN ACCORDANCE WITH THE PLAN AND INSURANCE.
THIS ITEM IS A COMPANION TO ITEM #14A1 - APPROVED
W/INSURANCE STIPULATION
CHAIRWOMAN HILLER: The next item is 14A2, which is a
companion to 14A1. Since there has been substantial discussion on
hot fueling with respect to Fletcher Flying Services, I would ask,
Commissioner Henning, rather than have additional conversation,
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June 11, 2013
could you make a motion with respect to this item, and if I could have
a second.
I don't know if there are any public speakers that want to address
this since a lot of the comments with respect to hot fueling has already
been addressed under 14A1.
COMMISSIONER HENNING: Madam Chair, I'll make a
motion to approve Item 14A2.
CHAIRWOMAN HILLER: May I have a second?
COMMISSIONER FIALA: Second.
COMMISSIONER COYLE: I have a question, if you don't
mind.
CHAIRWOMAN HILLER: Okay. Did you second it,
Commissioner Nance?
COMMISSIONER NANCE: Yes.
COMMISSIONER COYLE: How can we approve this? If we're
asking our staff to recommend to us what insurance requirement is
necessary, how can you go ahead and, before we get that information
CHAIRWOMAN HILLER: We can accept --
COMMISSIONER COYLE: -- approve it?
CHAIRWOMAN HILLER: -- it subject to the million dollars, as
we have evidence that that's been accepted at other local airports,
subject to revision based on review by risk management when that
information is brought back to us, and we'll reserve the right to amend
the insurance requirement if it's deemed that, you know, hot fueling
requires a different level of insurance than what's been proposed.
Because our insurance carrier did not object to the million dollars.
They merely said, you know, you might want to consider more.
So if we decide as a matter of policy as a board to up that limit,
we'll reserve our right to do so with respect to Fletcher Flying. But
there is no reason to not allow this to go forward at this time with a
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policy that, you know, has been in effect and has never been objected
to through now.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. On the letter from Robert Cox
regarding the insurance, in here he said, please let us know if you
decide to allow the tenant to perform hot fueling at Immokalee airport
so that we may confirm back to Global.
Now, that would really mean not only Immokalee airport but all
three airports if -- I just wanted to make sure that we're not just
identifying one airport, that it really would pertain to all of the
airports; is that correct?
MR. WALKER: Yes, ma'am. They're the carrier for all the
airports.
COMMISSIONER FIALA: Okay. I just wanted to put that on
the record. Thank you.
COMMISSIONER HENNING: Madam Chair?
CHAIRWOMAN HILLER: Yes.
COMMISSIONER HENNING: I think Commissioner Coyle
raised a good point. It would be subject to the insurance limits --
CHAIRWOMAN HILLER: Correct.
COMMISSIONER HENNING: -- per risk management and their
recommendations and study.
Now, we need to hear from Fletcher Flying to make sure that it is
okay --
CHAIRWOMAN HILLER: Okay.
COMMISSIONER HENNING: -- to accept the -- would be
agreed to -- for the -- to look at the insurance limits.
CHAIRWOMAN HILLER: Thank you. Would a representative
of Fletcher Flier (sic) come forward and please address?
Camden, I think one needs to be for the record.
COMMISSIONER HENNING: What Camden is handing out is
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just the procedures of hot fueling and exactly what Fletcher Flying
does in the process.
CHAIRWOMAN HILLER: Would you like to address on behalf
of Fletcher Services (sic), if that's acceptable, that you'll adjust the
insurance limits if risk comes back and says more coverage is
necessary?
MS. KULPA: Absolutely. We'll work with you --
CHAIRWOMAN HILLER: Thank you.
MS. KULPA: -- every way we can.
COMMISSIONER FIALA: Quick question that nobody's asked.
Do they have to put chocks under the wheels when they're hot
fueling?
COMMISSIONER HENNING: Steve?
MS. KULPA: Bill might --
COMMISSIONER HENNING: Bill.
MR. GARRETT: No, ma'am. We don't chock it, but the
propeller's in feather, which is like having it in neutral. There's no
forward thrust. Brakes are set, and we're there in the airplane when it's
happening.
So, I mean, in effect, the same purpose is served there. But no,
ma'am, we do not physically put chocks under the wheels.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: That's it.
CHAIRWOMAN HILLER: There being no further discussion
and no public speakers to add to what has already been said, all in
favor?
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Any opposed?
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June 11, 2013
COMMISSIONER COYLE: Aye.
CHAIRWOMAN HILLER: Motion carries 4-1 with
Commissioner Coyle dissenting.
Item #14A3
RECOMMENDATION THAT BOARD OF COUNTY
COMMISSIONERS ACTING AS THE COLLIER COUNTY
AIRPORT AUTHORITY APPROVING THE FOLLOWING
THREE AGREEMENTS WITH FLETCHER FLYING SERVICES,
INC.: (1) FIRST AMENDMENT TO A CORPORATE HANGAR
LICENSE AGREEMENT DATED DECEMBER 18, 2007; (2)
FIRST AMENDMENT TO A COMMERCIAL AERONAUTICAL
OPERATIONS LICENSE AGREEMENT DATED MAY 16, 2006
AND (3) TIE DOWN AGREEMENT - MOTION TO APPROVE
THE RECOMMENDATION INCLUDING THE AMENDMENT
TO LEASE AGREEMENT DATED MAY 16, 2006 WHICH
REMOVES THE LAST SENTENCE OF PARAGRAPH -
APPROVED
CHAIRWOMAN HILLER: The next item is 14A3.
Commissioner Henning?
COMMISSIONER HENNING: Camden is going to go through
this PowerPoint presentation.
CHAIRWOMAN HILLER: And just for the record, what we are
addressing now are three agreements with Fletcher Flying Services.
The first is a first amendment to the corporate hangar lease agreement
dated December 18, 2007. I like that because December 18th is my
birthday; Number 2, a first amendment to a commercial aeronautical
operations license agreement dated May 16, 2006; and No. 3, a
tie-down agreement.
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Camden?
COMMISSIONER HENNING: Madam Chair, Board of County
Commissioners, Steve Fletcher has been a pilot for 30 years and
operating Fletcher Flying since 1992 spraying for emergency fires --
they spray for emergency fires but also spray agricultural, as you've
heard.
Fletcher Flying is the only federal contractor, air tanker, east of
the Mississippi. And presently they purchase 50 to 54 percent of the
fuel in Immokalee. The lease -- who's controlling the lease (sic) -- oh,
that's a --
MS. SMITH: He is, because I'm passing out.
COMMISSIONER HENNING: So what the lease provides is --
we think the lease versus the expired lease -- adding three tie-downs as
shown and, historically, without payment. Since 2006 those planes
was directed by the airport personnel to be moved to a grassy area.
Part of this lease is to put the planes back to their historical tie-downs.
We are increasing revenues of a staging pad that Fletcher's Flying
has been -- used historically since they were out there. And in the
lease it had an area of 50 by 50, however, he has been using 100
percent of the pad, which is 100 by 100.
MS. SMITH: I'll go back to the summary slide. I'm showing the
historic tie-downs. Hang on one second. There we go.
COMMISSIONER HENNING: Okay. Now, one of the things
that wasn't in the lease, we're -- there was no pollution control plan of
the chemicals that Fletcher Flying uses. In the new one, what we're
proposing is a pollution control plan that would be required to identify
the chemicals responsible -- in response of any potential disaster.
And, again, Fletcher Flying has been paying 68.95 for the 100.
Because he's using 100 percent of the pad, we are changing that. We
are recommending, since he is using 100 by 100, that it be actually
increased, and we're collecting an additional $1,572.
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The tie-downs, again -- go back to the historical.
MS. SMITH: These are photos and slides of the historic usage.
Although it wasn't included -- specifically, tie-downs weren't included
in Mr. Fletcher's previous lease, although he is on month to month
now.
We pulled property appraiser photos of usage of the tie-downs all
the way back to -- and if I'm going through these too quickly, you can
refer to the sheets we handed out -- back to 2006.
And then we can go into the Fletcher lease, details of Mr.
Fletcher's request, if you'd like.
COMMISSIONER HENNING: Right, and that's what -- that's
exactly what we did. He wants to remain in the corporate hangar that
he has been historically. The rent will be the same except for -- I
mean, it will include CPI.
The staging area where he has his equipment and chemicals will
remain the same. The lease will change to 100 by 100 with the
increase, the tie-downs that he has historically used.
Now, one of the issues was turf landing, turf runway. Through
our investigation, and with the help of Mr. Curry, that turf runway
needs to be permitted by the FAA. So we are allowing Fletcher
Flying -- if they want a turf runway, they can go ahead and permit and
construct the turf runway if they want.
COMMISSIONER FIALA: With the approval of FAA?
COMMISSIONER HENNING: With the approval of FAA, yes.
COMMISSIONER COYLE: And the airport authority?
COMMISSIONER HENNING: Well, yes, yeah.
MS. SMITH: One of the slides, Commissioners, will have the
exact language of that provision in the lease. This is just a summary
of the responses. And then we go into, I believe, the turf runway
thereafter.
COMMISSIONER HENNING: We've already addressed hot
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fueling our two previous items.
Next slide.
And, again, we addressed -- what we -- Fletcher Flying has
agreed is to stage their airplanes a little differently. You'll see on your
right-hand side an X. The aircraft would be moving over to that
right-hand side.
MS. SMITH: And, Commissioners, in your backup materials
you do see letters from the Collier County Sheriffs Office as well as
Mr. Hester, who are in that, what I classified as a double hangar. And I
realized later in language that's the bulk hangar, as Mr. Curry may
refer to it. So he may be referring to it as bulk hangar, but that's that
double hangar different building.
And then here's the turf runway information with the regulations
and the lease allowances.
And, Commissioner Henning, you may want to go over the FAA
regulations of the turf runway just briefly. We're giving you a
summary of what one of the circulars is. Because as you know, the
FAA has regulations, circulars, and directives, which Mr. Curry can
address. But this is a basic -- vetting information.
COMMISSIONER HENNING: It has to be located within a
certain area within the airports so it doesn't interfere with the paved
runway. I'm not sure how much we want to get into this, because that
would have to actually come back to the airport authority in the future.
MS. SMITH: This is the actual language.
COMMISSIONER HENNING: Correct.
COMMISSIONER COYLE: Question concerning this?
CHAIRWOMAN HILLER: Commissioner Coyle?
Commissioner Fiala, did you have a question on this matter?
COMMISSIONER FIALA: Yes, but I'll wait till the end of the
presentation.
COMMISSIONER COYLE: Yeah. My concern with this
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particular language is that Mr. Fletcher or his company is being
allowed to pursue a permitted turf runway; however, once he has
pursued and gotten the permission for a turf runway, the airport
authority becomes responsible for maintaining it.
Now, that is -- that incurs an additional cost for the airport
authority. And I'm wondering, how do we expect to get reimbursed
for doing that?
We're trying to get the debt repaid at the airport authority and to
reduce the costs of operation, yet we're letting a tenant obligate us to a
maintenance cost that is going to be fairly substantial over a long
period of time. So I think this wording is faulty.
And if Mr. Fletcher or others have the need for a turf runway,
then we should find a way to permit that provided they provide all the
funding necessary for its development and maintenance.
So I do not like the idea that the Collier County Airport Authority
is going to have to assume the cost of a runway that we don't really
need.
COMMISSIONER HENNING: Well, Commissioner, I had
similar thoughts; however, we cannot -- once that is constructed, we
cannot restrict other users from using that turf runway.
So we're asking a tenant to pay for a turf runway, and then we're
asking for him to maintain it for the benefit of all.
Now, let me tell you, a grass runway, the maintenance on it
would be you fill up any ruts.
COMMISSIONER COYLE: Yeah.
COMMISSIONER HENNING: And you keep it mowed.
COMMISSIONER COYLE: Yeah.
COMMISSIONER HENNING: Do you understand that we do --
the airport staff does that today to all of the turf areas around the
runway?
COMMISSIONER COYLE: I do not believe that all the turf
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areas around the runway are maintained to the standards of a sod
runway. But, nevertheless, the point is that you're allowing a tenant to
obligate Collier County Airport Authority to spend costs for
maintaining something that the airport authority might not see the
need for.
COMMISSIONER HENNING: Well, it's being maintained
today presently.
COMMISSIONER COYLE: Okay. Then if it's being
maintained today, then the problem is solved. We just designate that
as a turf runway, and it's done.
COMMISSIONER HENNING: But it's not constructed as a turf
runway.
COMMISSIONER COYLE: And then you accept the liability
thereof.
So it is not a wise policy. But, nevertheless, I suspect there'll be
three votes to do it.
COMMISSIONER HENNING: Well, if you would not try to
confuse the issue, I think it would be a lot easier. The -- you know,
the construction of it, we're -- Mr. Curry came up with a figure around
-- no, actually we did, because the Naples Airport provided the cost
estimate of $50,000 at the Naples Airport. And you know who
maintains that? The Naples Airport Authority.
So we can see that this is going to be another no-vote by one
commissioner. And that's what the real issue is. It's not the issue
about three commissioners voting for it. It's about an issue of one
commissioner voting against it.
MR. CURRY: If I can chime in just quickly. The standard for
maintaining a sod runway is significantly different than regular
mowing at the airport. There's a different criteria for the way that it's
cut, mowed, drainage, you name it. So it's a little bit different than
regular mowing at the airport.
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COMMISSIONER HENNING: Would you recommend that one
tenant pays for the maintenance of it if it's benefited by all?
MR. CURRY: Well, I would recommend that if the tenant so
desires to have a turf runway, that they would assume all the costs
associated with it.
COMMISSIONER HENNING: Including the maintenance?
MR. CURRY: Absolutely.
COMMISSIONER HENNING: And let everybody else use it?
MR. CURRY: Well, that's the requirement of the FAA is that
you can't have an exclusive turf runway on the airport without opening
it up to all users. So, yeah, I think they should.
COMMISSIONER HENNING: And you think the FAA would
understand that that's fair and equal treatment to all?
MR. CURRY: Well, we can certainly ask them.
COMMISSIONER FIALA: Excuse me for chiming in here.
CHAIRWOMAN HILLER: Commissioner Fiala would like to
speak.
COMMISSIONER FIALA: But if we're reducing the airport
employees down to 1.5 yet we're increasing this, how are we supposed
to maintain it if we only have one-and-a-half employees there? That's
going to be a problem, I think. I think we have to consider that.
I have many other questions, but I wanted to wait. But that I had
to say right now. You have to have people to maintain it that work at
the airport.
Are you finished, Camden, or do you have more? Okay. Then
I'll wait till -- but I can be first up then.
CHAIRWOMAN HILLER: Commissioner Henning, did you
want to answer the question about staff?
COMMISSIONER HENNING: Yeah. There is no turf runway,
Commissioner. It has to come back to the airport authority. And the
1.5 FTEs is another item.
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COMMISSIONER FIALA: Right, but they do coincide.
COMMISSIONER HENNING: But there is no turf runway.
COMMISSIONER FIALA: No, but if there is.
COMMISSIONER HENNING: Oh, "if' there is.
COMMISSIONER FIALA: What we're talking about is
maintenance. If they want to build their turf runway, because that's
what they want, then we're talking about maintaining, and I'm saying,
if you -- another agenda item is reduce the employees, but then how
are we supposed to maintain the turf-way if somebody wants to build
it? So, you know, they all go together.
MS. KULPA: Can I speak?
COMMISSIONER HENNING: Yes.
MS. KULPA: I'm sure that Fletcher Flying Service would have
no problem maintaining the runway. It would just require mowing
and whatever -- you know, filling in the ruts, whatever. He would do
it without a problem.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER HENNING: Thank you.
CHAIRWOMAN HILLER: Well, that's a tremendous
community donation.
MS. SMITH: This is the last slide.
COMMISSIONER FIALA: We've been very kind to him. It's
not just -- you know, we're giving him privileges that we've never
given anybody before, so, you know, I want to say that it's working
hand in hand here.
CHAIRWOMAN HILLER: We're actually giving him privileges
that he would get at any of the other rural airports. So what we're
doing is we're being economically correct in availing him of what
benefits, you know, other airports would automatically give him.
COMMISSIONER FIALA: Would you like to continue, please?
COMMISSIONER HENNING: Well, let me just say that the
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LaBelle airport would be happy to have Fletcher Flying over there,
sell them fuel cheaper.
COMMISSIONER FIALA: All this is for maintenance?
COMMISSIONER HENNING: And I believe they allow
turf-runway landing, and work out some kind of arrangement for a
hangar.
COMMISSIONER FIALA: And he lives in LaBelle, so that's
where he pays his taxes. So I understand that. But it's closer for him
to get to the citrus fields. We're getting a little bit picky now. Let's not
do that and let's not start, you know, poking at each other.
I was asking a question about reduction in employees and still -- I
have no problem with maintaining it as long as we have the problem --
the employees to do it. That's where I was going with that. We don't
have to get into anything else.
Okay. Would you continue?
COMMISSIONER HENNING: No. I'm going to --
COMMISSIONER FIALA: Okay.
COMMISSIONER HENNING: This is my item, Commissioner.
COMMISSIONER FIALA: Oh, okay.
COMMISSIONER HENNING: And I was addressing
Commissioner Hiller's comments that any other airport would do the
same. And all I'm saying is, we have an airport similar in nature,
adjacent county, that would give a better deal. That's my comment.
So now I will continue.
To summarize, on the lease the corporate hangar will be the
same. Of course, it will be including CPI. The pad staging is
increasing, and -- well, I guess all of the fees would be included in the
CPI. Three tie-towns will be included as requested. Turf runway will
be provided by Fletcher Flying if they so desire, and hot fueling was
addressed in previous items.
CHAIRWOMAN HILLER: The term, Commissioner Henning?
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The term?
COMMISSIONER HENNING: Jeff?
MR. KLATZKOW: Ten years.
CHAIRWOMAN HILLER: Okay.
MR. KLATZKOW: But the board retains the right to terminate
if they have to relocate the hangar.
CHAIRWOMAN HILLER: Okay.
MR. KLATZKOW: Okay. So if your operations require that
you relocate the hangar, we can terminate and then move him.
CHAIRWOMAN HILLER: So we -- if for whatever reason the
airport were redesigned, we would find him another location at the
airport and initiate a new lease based on the new location?
MR. KLATZKOW: Yeah.
CHAIRWOMAN HILLER: Okay. That's fine. Thank you.
Commissioner Fiala, did you want to comment on this?
COMMISSIONER FIALA: Yes, I have many questions, many
questions. First of all, embedded in this thing -- not trying to be
hidden or anything, just embedded in here, it talks about firefighting
and the chemicals on the staging pad, also where Fletcher Flying
Services would hot fuel its aircraft. Is that -- is there a -- are the
chemicals flammable, or do we not have to worry about that?
COMMISSIONER HENNING: The chemicals on the pad?
COMMISSIONER FIALA: Yeah, on the staging pad where
they're going to hot fuel.
COMMISSIONER HENNING: Yeah. They're going to provide
Material Safety Data Sheets. That provides, in those Material Safety
Data Sheets, all kinds of information such as health information in
case you swallow it, you know, flammability, pollution.
COMMISSIONER FIALA: Yeah, that's what I was concerned
with. You hear fertilizers all the time being flammable and things that
happen, and I just wanted to make sure that if it is in the same area,
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that there's somewhat of a safe distance between the two so that, you
know, a spark can't catch into something else. I'm just thinking
mainly of safety here. When I saw that, I wanted to ask that question.
Now, Commissioner Henning, you had talked about wanting to
get the airports more self-sustaining, but then you're talking about not
charging for tie-downs. Have we -- do we charge anybody else for
tie-downs at that airport? Anybody? Do we charge anybody else for
tie-downs?
COMMISSIONER HENNING: No. Let me answer your
question. We do charge for tie-downs; however, on a corporate lease
building, it's fairly flexible, and Mr. Curry has one of the arguments or
differences of opinion. He was going to provide free -- along with the
corporate tie-downs, free tie-downs for the airplanes.
COMMISSIONER FIALA: For all of the airplanes --
COMMISSIONER HENNING: Yes.
COMMISSIONER FIALA: -- at the airport? How are we going
to make any money if we're giving that away when you're supposed to
be becoming more self-sustaining?
MR. CURRY: I'm so confused with the way this is proceeding.
I'll just --
COMMISSIONER HENNING: What's your confusion, Mr.
Curry?
MR. CURRY: -- make some comments here.
One of the discussions we had was could we give Fletcher Flying
Service free tie-down parking spaces? And my solution, rather than
the improved surfaces that we've seen in the picture, which has a value
to us of $150 a month, was that if the board was going to allow Mr.
Fletcher to hot fuel, then give him three tie-down spaces in the vicinity
of the staging area, because the airport is not going to responsibly put
any other tenants in that area anyway.
So I'm not sure how that blends in with what's being discussed,
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but those are just my broad comments as far as the compromise that
we tried to make.
COMMISSIONER FIALA: Okay. So then if you want to give
those three spots away, maybe there's some kind of credit that you
could get, because you're trying to be self-sustaining. You're not
going to be self-staining by giving them away. You have a purpose
for giving them away. At least you could get some credit for it to the
balance sheet so that they can't say you're not trying to be
self-sustained. I just --
MR. CURRY: Well, I'm not into free stuff.
COMMISSIONER HENNING: Let's stay on the issue, Mr.
Curry, with the tie-downs.
MR. CURRY: Okay.
COMMISSIONER HENNING: Part of the lease, you agreed to
give free tie-downs; is that correct?
MR. CURRY: Based on your request to give him something that
was free, I did.
COMMISSIONER HENNING: Do you have that in writing that
I asked you?
MR. CURRY: No, I don't, but neither do I have a lot of our
discussions. What you asked me, you said is there anything that we
can give him for free?
COMMISSIONER HENNING: I'm sorry. I don't remember that
conversation.
MR. CURRY: Okay.
COMMISSIONER HENNING: Now, do we disagree on the
location of the tie-downs?
MR. CURRY: Yes, we do.
COMMISSIONER HENNING: Okay. Do you agree that you
provided in a correspondence that those tie-downs, the reason that you
didn't want them there is because the tenants in the adjacent building,
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it would be in their way?
MR. CURRY: There are several reasons, but the one that I
responded by comment by correspondence initially was that. And
what I don't understand with that conversation that you had with those
tenants is that, first of all, those tenants are month-to-month tenants,
whereas, you're talking about Fletcher Flying Service with a 10-year
lease. So those tenants may not be here next month that you spoke
with, okay. So that was my first issue with it was the fact that he
would be parked in an area that could affect the maneuverability of
tenants in that bulk hangar. Okay.
The second part that was my concern, which I did not relay in
correspondence except in my memo for record, was the fact that once
you agree to include free parking spaces within a corporate bulk
hangar agreement, if those same tenants came to you and said, we
want free parking spaces as well, you would be obligated to do that or
you would have an issue if a complaint was filed with the FAA.
COMMISSIONER FIALA: That's where I was going.
COMMISSIONER HENNING: Okay. I'm not done. Hang on,
hang on, please, please.
CHAIRWOMAN HILLER: Go ahead.
COMMISSIONER HENNING: Do you agree that Mr. Fletcher
is in a corporate hangar?
MR. CURRY: Yes, corporate, bulk hangar, however you want to
describe it.
COMMISSIONER HENNING: Is there -- in the rates, is there
any charge, specific charge in there, or does it say it will be
negotiated?
MR. CURRY: For the hangar only, for the hangar only. And the
reason that is not in there per square footage is because bulk hangars,
corporate hangars, have much more flexibility than your T hangars
and, therefore, every year we're doing a comparison of fair market
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value to the outside market. So that's why they're in there "as
negotiated," but "as negotiated" does not mean that you get all the free
amenities that you want negotiated.
COMMISSIONER HENNING: All the free amenities?
MR. CURRY: Well, I mean, if you're using "as negotiated" in a
broad sense, you could throw tie-down spaces and anything else on
the airport in "as negotiated."
COMMISSIONER HENNING: Okay. Thank you very much. I
won't argue that --
COMMISSIONER FIALA: Can I --
COMMISSIONER HENNING: No, I'm not done yet.
COMMISSIONER FIALA: Well, it was my turn.
COMMISSIONER HENNING: The other thing is -- the other
hangar is the Sheriffs Department; is that correct?
MR. CURRY: That's correct.
COMMISSIONER HENNING: And you think it's proper to
have the Sheriffs Department on a month-to-month lease and
somebody else come in? Where would the Sheriffs Department go if
you want to move somebody else in?
MR. CURRY: Well, month-to-month is typical. Month-to-month
leases of hangars are typical.
COMMISSIONER HENNING: Mr. Klatzkow, the lease on the
tie-downs, what does it specifically say?
MR. CURRY: And while Jeff is looking, I'll tell you Mr.
Fletcher has been at the airport since 2006, 2007 on a month-to-month
lease that has not expired. It just continued month to month to month.
COMMISSIONER HENNING: And I can tell you Fletcher
Flying has been using those same hangars since 2006 until recently
when your staff asked them to move.
MR. KLATZKOW: The tie-down agreement provides that "all
fees included in the party's corporate hangar license agreement."
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June 11, 2013
COMMISSIONER FIALA: Say that again. I couldn't hear you.
MR. KLATZKOW: The tie-down agreement states "All fees
included in the party's corporate hangar license agreement." Consider
it an ancillary use.
COMMISSIONER HENNING: Right.
CHAIRWOMAN HILLER: I find it -- if I may comment,
Commissioner Fiala, just on this point so we can close the discussion
and then go to your next point on your list.
I find it interesting that you don't agree with giving anything for
free because -- Mr. Curry, because, you know, one of the things that is
a typical economic incentive are lease abatements or some sort of even
free lease to stimulate economic development.
The county attorney just clarified that the tie-downs are included
in the overall lease as an ancillary use.
But I do have some concern, because I think one way of
incentivizing is to give lease abatements. And in terms of fair
treatment, what you can say is, very simply, you bring in X dollars of
business, and this is the lease abatement you get. Any business
bringing in the same amount of business to Collier County, you know,
gets a similar type of abatement. So --
COMMISSIONER FIALA: That's where I was going with this.
And what I was going to say --
CHAIRWOMAN HILLER: But that doesn't apply in this case,
because we're actually not giving an incentive, because the lease
actually does incorporate the cost of those parking spots within his
overall cost.
COMMISSIONER FIALA: Isn't this in front of somebody else's
hangar? Is this in front of somebody else's hangar?
MR. CURRY: It is. The pad is actually adjoined to the bulk
hangar.
COMMISSIONER FIALA: Okay.
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June 11, 2013
MR. CURRY: And, you know, Commissioner Hiller, you do
have a point there, but for, you know, the past years we've been
beating the drums of self-sufficiency. And so I don't think it's
consistent with an airport like Immokalee to follow a path of --
CHAIRWOMAN HILLER: Incentivization?
MR. CURRY: -- giving away free things, and I think that's what
we're doing.
COMMISSIONER FIALA: Let me just continue with what I
was going to say --
CHAIRWOMAN HILLER: You can talk about that another
time.
COMMISSIONER FIALA: -- because, as Commissioner Hiller
talked about, economic development or impacts -- and you're talking
about self-sufficiency, as Commissioner Henning has. I'm just saying,
if you want to give these things away, if you -- if we all decide that
that's something to do, you should at least get some kind of economic
impact credit --
CHAIRWOMAN HILLER: We are.
COMMISSIONER FIALA: -- so that you're --
CHAIRWOMAN HILLER: We're saving the entire citrus
industry.
COMMISSIONER FIALA: Let me just finish. Let me just
finish. Because right now his job is on the line because he's not
self-sustaining. And so if we give that bottom line some kind of credit
for the things we're giving away -- it's fine with me to give it away --
but at least give him credit so that then he doesn't look like he's
continuing --
CHAIRWOMAN HILLER: Of course.
COMMISSIONER FIALA: -- to go under.
CHAIRWOMAN HILLER: Except for the fact that what was
determined is that he is paying a fair market rent including the
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ancillary use of these tie-downs, and I think that's important to
consider, so --
COMMISSIONER HENNING: I think I have a compromise.
CHAIRWOMAN HILLER: Go ahead.
COMMISSIONER HENNING: And I'll have to defer to Bill on
this.
Mind you that he buys over 50 percent of the fuel in Immokalee,
and if he goes to Arcadia, that 50 percent goes away. So let me just
throw out a compromise, that the tie-downs will be provided, as
historically done, until the airport authority notifies the tenant that it
wants to utilize those airport hangars.
Mr. Curry?
MR. CURRY: If that's what the board desires, I'm fine with that.
COMMISSIONER HENNING: Okay.
COMMISSIONER FIALA: You've then reduced the
self-sufficiency so that it looks like they're not going into the hole by
giving them -- you know, just like a credit or something.
MR. CURRY: This is my issue. My issue is the fact that when
you put that type of verbiage into leases, it requires much more for the
airport authority than to write a basic standard lease and let it run its
own self. It requires interactive involvement from the airport in
managing that lease that is slightly different from other leases.
Again, we've tried to standardize them to the best that we can.
And you'll find that even with some of the upcoming audits, we've
been victims of nonstandard leases, and that will come at a later point
in time. But if the board wants to do that, so be it.
COMMISSIONER FIALA: Okay. I'm still -- I still have all
these questions, and we haven't gotten too, too far on them.
Do other people have to pay for tie-downs? And if they do, what
would happen if they say, well, we want the same treatment as
somebody else is getting, or will that not apply to other people? Is it
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because of the corporate hangar?
CHAIRWOMAN HILLER: Commissioner Henning?
MR. CURRY: From what I recall, there's no one else that has
tie-downs incorporated that they're not paying for. And so I think if
we follow that method of thinking, we follow that logic, then I think
others that fall within that same type of hangar agreement should be
given the same thing.
COMMISSIONER FIALA: Then you're going to continue to
lose more and more money with this. But I just wanted to get that on
the record, too.
Also, the staging area, you mention in here, someplace or
another, that it's $200. Is that a week, a month, a year? I didn't know
-- it was on one of these slides.
MS. SMITH: A month.
COMMISSIONER FIALA: What is that, $200, what?
MS. SMITH: Camden Smith. It's $200 a month, and that's for
the staging area. That's not for the tie-downs.
COMMISSIONER FIALA: No, I just -- I said staging area.
MS. SMITH: Oh, okay. I'm sorry.
COMMISSIONER FIALA: Yeah, I just said -- I don't know
about tie-downs.
MS. SMITH: Yeah, $200 per month.
COMMISSIONER FIALA: Per month, okay, fine. I just wanted
to know what that was.
Now -- let's see. I had a note here, how do we move out of debt
by giving things away? Will others get the same break? I don't know.
Will others get the same break? Are we -- is this -- are we just
streamlining this for Fletcher but nobody else has the same
opportunity? We don't want to do that because then you get
preferential treatment, and that doesn't look very good for us.
MR. CURRY: Well, the main issues with the airports is the
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policies, the rules and regulations that we must follow. And, you
know, my job is to follow the direction of the board, the policies that
you put out, the rules and regulations as they're written.
A lot of the things that we've been discussing over the past
month, months is not necessarily consistent with any of those.
COMMISSIONER FIALA: Okay. And so I don't have any
assurance that you're not going to be charged with going more and
more into debt while giving these things away so that then it will look
bad for you.
CHAIRWOMAN HILLER: He's not --
COMMISSIONER FIALA: I have no assurance that you're
going to be getting credit.
CHAIRWOMAN HILLER: Can I just clarify, again, for the
record what the county attorney said. They're not being given away.
The overall rent considers the tie-downs as being paid for as an
ancillary use within that overall general lease payment.
And I just want to answer one other thing about the sheriff. By
law, by statute, actually, by Florida Statute, we are obligated to
provide the sheriff with whatever he needs in the way of land,
building, in order to operate his business.
So, technically, it is completely incorrect for the sheriff to have a
lease with us at that facility because he does not lease property from
us. We are obligated to make it available to him, so it's not
comparable in the analysis. And I just wanted to clarify that for the
record, whoever brought that up.
MR. CURRY: Well, I'll clarify it as well, because that's not
correct. The Sheriffs Department or any other county agency that
uses the airport that are not there directly to support airport operations
must pay their fair market value rent; otherwise, it's considered
revenue diversion by the FAA.
COMMISSIONER FIALA: Okay. I just want -- my last thing is,
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we were talking about the staging area. Although Fletcher has been
using a 100-foot pad and been paying for 50 by 50, we're going to
reduce that rate but then we're going to get paid for 100 by 100. And
so I just want to say that he's been treated very fairly. He's been given
things. Again, that doesn't go to your bottom line. You're continuing
to go into more debt and being, you know, accused of not being
self-sufficient. But I just wanted to point out that it isn't like we
haven't tried to work with him.
MR. CURRY: No. I think that particular issue was a
compromise between Commissioner Henning and I, because his
current rate is 33 cents per square foot based on the 50-by-50 pad. So,
ideally, we compromised on 24 cents, which is 9 cents lower for the
100-by-100 pad.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: I am somewhat confused about the
issue of lumping in the tie-down costs with the lease rates for the
hangar.
Chris, you have standard rates for square footage for leasing
hangars, right?
MR. CURRY: For the corporate hangars there's not a square
footage rate. It's as negotiated. But for the regular T hangars, there is.
COMMISSIONER COYLE: Okay. So if you included a few
free tie-downs in the lease rate for a corporate hangar, how does that
affect the standard that is used for allowing other leases?
MR. CURRY: Well, I think, you know -- and this is the issue.
Mr. Fletcher has paid -- or his current rate is $1,641, okay. We've
incorporated those three tie-down spaces at no additional charge.
My concern going forward is that other tenants that are in
corporate or bunk hangars on the airport can then come to the airport
and demand to have as many tie-downs as they want. And I think it
puts us in an unfair position, if we denied them, to petition our case
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with the FAA.
COMMISSIONER COYLE: Okay. Thank you.
CHAIRWOMAN HILLER: Commissioner --
COMMISSIONER COYLE: And just one other very brief
observation. Ms. Fletcher has indicated that Fletcher Flying Service
would be happy to construct and maintain the turf runway. That, of
course, is not included in the documents that we have here. So will the
recommendation to approve this item include the commitment from
Fletcher Flying Service to develop and maintain the turf runway?
COMMISSIONER HENNING: May I answer that?
CHAIRWOMAN HILLER: Yes.
MR. CURRY: Yes.
COMMISSIONER HENNING: That should be a separate item
that comes back to the airport authority.
CHAIRWOMAN HILLER: It most certainly should; agreed.
COMMISSIONER HENNING: It shouldn't really be in a lease.
MR. CURRY: And I've never had an issue with the turf runway.
I've always said that it must comply with some type of standard if
we're going to have it. So I don't have an issue.
COMMISSIONER COYLE: But the turf runway is in the
recitals of the license agreement.
CHAIRWOMAN HILLER: To give him the right to --
COMMISSIONER COYLE: In 14A3.
CHAIRWOMAN HILLER: To give him the right to come back
to obtain a permit on the condition that he pays for it.
COMMISSIONER COYLE: That's right, but it is in direct
disagreement with what Mrs. Fletcher (sic) said they were willing to
do. So why would you want to pass or approve an agreement that
says that the airport authority will maintain the turf runway when we
already have an agreement, at least a verbal agreement on the record,
that says that Fletcher Flying Service will maintain the turf runway?
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That's inconsistent.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: There's a lot of issues. And I
don't know why we want to be -- I mean, why this issue is so difficult.
I think it's a carryover from the past board, I'm getting the feeling.
Now, this agreement provides more revenue, not less revenue --
how are you going to pay your debt? It provides more revenue. And,
quite frankly, if you look at the rate that the board approved, the land
rate, it's 10 cents, not 33 cents.
MR. CURRY: For land only, not an improved surface.
COMMISSIONER HENNING: So you're saying three times the
amount for cement concrete that is not within the rate structure that
has not been approved by the board?
MR. CURRY: No, not at all.
COMMISSIONER HENNING: Okay. It is -- it's not in the rate
agreement fee.
MR. CURRY: The rate -- when they started -- when the previous
airport authority started this six years ago, was a rate, I think, that
graduated with a 3 percent increase per year, which has gotten us to 33
cents per --
COMMISSIONER HENNING: For foot.
MR. CURRY: -- per square foot. That's not based on any type
of appraisal that I have personally done. The appraisals that I have
done has been strictly for land, not improved surface. Strictly for land.
Ten cents for aeronautical; 14 cents for non-aeronautical.
So the only thing that I said is that is what he is currently paying,
and it's escalated because of 3 percent over the years.
COMMISSIONER HENNING: But we just approved this with
CPI, and all I'm saying is it doesn't make sense that we would charge
300 percent more than what you are for grass, pavement, or gravel.
That's the only point that I'm getting. So as far as anybody getting any
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special treatment, I don't see that.
The issue with the turf runway, I think you need to ask the
county attorney what should be done.
CHAIRWOMAN HILLER: County Attorney?
MR. KLATZKOW: You can't obligate a future board to
maintain. Every year you pass a budget, all right. And if there is a
turf runway built, every year you're going to have to allocate funds
towards that maintenance, but you don't have to, okay.
And at that point in time, eventually the turf runway will get into
a condition where it loses the permit. And at that point in time, the
people primarily using that will have to make the decision, do I want
to take that expense on or not. But that's going to be a decision for a
future board. You do not have a turf runway to maintain at this point
in time. You may never have a turf runway.
COMMISSIONER HENNING: Well, the issue is, what
Commissioner Coyle's brought up, should the turf runway be a part of
the lease? And since the fact is they would -- Fletcher Flying has
agreed to maintain that turf runway, should it be -- should those
elements be within the lease?
MR. KLATZKOW: They can be within the lease if that's what is
agreed to. This is, first and foremost, a negotiation between the
airport authority and its number one tenant at the Immokalee airport.
CHAIRWOMAN HILLER: Well, I would like to simplify it. I
think the purpose of the discussion of the runway is to give Fletcher
the opportunity to come before the board and to know that if he agrees
to build it and if he agrees to maintain it during the tenancy of his
lease, that the board will not object to him building that runway at the
airport.
MR. KLATZKOW: You'd have to modify the agreement to
reflect that. Right now the agreement does not require them to
maintain it.
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CHAIRWOMAN HILLER: Understood.
MR. KLATZKOW: What I'm saying is that you're not required
to maintain it either.
CHAIRWOMAN HILLER: No, I understood. But we're not
required to do anything. I mean, year by year --
MR. KLATZKOW: That's correct.
CHAIRWOMAN HILLER: -- we appropriate, and it doesn't
matter whether it's a road. I mean, we could stop maintaining a road
anywhere in the county if we chose to. I mean, it would be dumb, but
I'm just saying.
COMMISSIONER NANCE: I'm going to make a suggestion
that we allow Commissioner Henning to bifurcate it and allow us to go
forward to finalize this agreement.
CHAIRWOMAN HILLER: Or what you could do is you --
COMMISSIONER NANCE: Make a separate motion.
CHAIRWOMAN HILLER: -- continue -- you could keep that in
there but you could say, you know, subject to -- you know, that the
approval of that runway is subject to the board's decision to either
accept maintenance or not. And that way, you know, when it comes
to that point in time, we can either accept what Fletcher offers or we
can choose to maintain it ourselves and leave that open, but something
that allows us to, you know, negotiate on that runway if we chose to.
COMMISSIONER COYLE: Could I continue my comment
concerning that?
CHAIRWOMAN HILLER: Sure.
COMMISSIONER COYLE: It never really got answered. We
were diverted. But that -- the issue is in just getting this item correctly
stated. I'm not opposed to the principle. It's not correctly stated in
accordance with --
CHAIRWOMAN HILLER: The discussion.
COMMISSIONER COYLE: -- what we've talked about today.
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CHAIRWOMAN HILLER: I understand.
COMMISSIONER COYLE: And it's fairly simple to solve.
Under the first amendment to commercial aeronautical operations
license agreement, which is Packet Page 725, under Paragraph 3, the
last sentence, if you just remove the last sentence of that, it removes
any ambiguity about that and allows the board to make --
CHAIRWOMAN HILLER: To negotiate, right.
COMMISSIONER COYLE: -- a decision to let the Fletcher
Flying Service proceed with a permitted surf (sic) runway, and
provided they agree to maintain it in accordance with the board's
desire.
COMMISSIONER HENNING: Yeah. I'll make that a part of
my motion.
CHAIRWOMAN HILLER: Yep, that's great.
Thank you, Commissioner Coyle.
Commissioner Nance?
COMMISSIONER NANCE: I'm done.
CHAIRWOMAN HILLER: Commissioner Henning, you've
made your motion?
COMMISSIONER HENNING: I made part of my motion.
I want -- Bill, I want to hear -- I'm trying to compromise with the
airport director. I'm really trying.
MR. CURRY: I'm trying as well.
COMMISSIONER HENNING: Okay.
MS. KULPA: I'll make comments.
COMMISSIONER HENNING: Thank you.
The issue about the tie-towns, if the airport authority needs those
tie-downs, since the director has agreed to provide tie-downs in a
different location, can we come to Fletcher Flying and say we need
those and we're going to relocate you?
MS. KULPA: Absolutely, absolutely.
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MR. KLATZKOW: Your agreement gives you that right right
now.
COMMISSIONER HENNING: Yeah.
MS. KULPA: Absolutely.
COMMISSIONER NANCE: How many corporate hangars --
how many large corporate hangars do we presently lease?
MR. CURRY: There's three that are ours at the airport.
COMMISSIONER NANCE: How many are leased out?
MR. CURRY: Three.
COMMISSIONER NANCE: All three?
CHAIRWOMAN HILLER: Who are --
COMMISSIONER NANCE: Who are the other tenants?
MR. CURRY: The Sheriffs Department and Mr. Ralph Hester.
COMMISSIONER NANCE: And they all have tie-downs?
MR. CURRY: No, they do not.
COMMISSIONER NANCE: Are they asking for any?
MR. CURRY: Not at this time.
COMMISSIONER COYLE: They will now.
MS. KULPA: And another issue is we did have those tie-downs
originally. When we were in that hangar, they were part of the lease.
And then when Mr. Curry came, they relinquished those, didn't allow
us to have those.
COMMISSIONER HENNING: Correct.
MS. KULPA: And also, again --
MR. CURRY: I never relinquished anything. I really had no
clue that that was part of an original lease.
MS. KULPA: Well, that was our understanding, that's why he
used them. So we were able to use them within the lease.
And another issue is with the pad, an improved pad, that I know
that Steve put that concrete down there for that pad.
COMMISSIONER HENNING: That's his concrete?
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MS. KULPA: Yes, yes. He installed that concrete pad, or
resurfaced it and, you know, improved it. So there might have been --
I guess Bill's saying there might have been something there, but we
resurfaced and improved it, you know, especially for chemicals.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER FIALA: The 50-by-50 or the 100-by-100 or
MS. KULPA: I'm not sure the size, but we made it, you know,
where it's very efficient, you know, working with the chemicals. So
we have spillage, you know, it goes into a special area. So we did
improve it considerably.
CHAIRWOMAN HILLER: Commissioner Henning, would you
like to make your motion?
COMMISSIONER HENNING: Yeah. To further my motion is
that we provide those historical tie-downs as presented with the
understanding, if the airport authority needs them in the future, they
will, in writing, write to Fletcher Flying and provide three other
hangars (sic).
COMMISSIONER COYLE: Tie-downs.
CHAIRWOMAN HILLER: Tie-downs.
COMMISSIONER NANCE: Tie-downs.
COMMISSIONER HENNING: Tie-downs, thank you.
CHAIRWOMAN HILLER: Okay. So you've made a motion to
accept the recommendation as presented with respect to the first
amendment to the corporate hangar license agreement dated
December 18, 2007, the first amendment to the commercial
aeronautical operations license agreement dated May 16, 2006, and
with respect to the tie-down agreement as amended; is that correct?
COMMISSIONER HENNING: Correct.
COMMISSIONER NANCE: With Commissioner Coyle's
amendment on No. 2?
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June 11, 2013
COMMISSIONER HENNING: Correct.
CHAIRWOMAN HILLER: Thank you for that clarification.
Do I have a second?
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: There being no further discussion
and no public speakers, all in favor?
COMMISSIONER COYLE: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Any opposed?
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Motion carries 4-1 with
Commissioner Fiala dissenting.
COMMISSIONER FIALA: That's just because of the
self-sufficiency concern, and we're not getting paid for it, and we're
not giving any credit to the airport, so I can't vote for that.
COMMISSIONER HENNING: I voted for it because we're
actually collecting more than we have historically, and now we
understand that Fletcher Flying has made improvements to the pad,
and we're charging 300 percent of what regular land is.
COMMISSIONER NANCE: And I'm voting for it because we
have a 10-year lease with our largest customer and a critical element
to our ager business community.
CHAIRWOMAN HILLER: You all know why I'm voting for it.
I mean, I don't have to repeat myself on the record.
Item #14A4
AA RESOLUTION 2013-124: COLLIER COUNTY AIRPORT
AUTHORITY RESOLUTION AMENDING ITS AIRPORT RULES
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AND REGULATIONS BY ADDING A FAIR TREATMENT
POLICY — ADOPTED
CHAIRWOMAN HILLER: The next item on the agenda is
14A4. Commissioner Henning.
COMMISSIONER NANCE: Are we going to break for lunch?
CHAIRWOMAN HILLER: No. We're not going to break for
lunch, and the reason we're not breaking for lunch is because we have
all these people in this audience that are speaking to these agenda
items.
COMMISSIONER NANCE: Okay.
CHAIRWOMAN HILLER: And to ask them to wait another
hour, I think, would be inappropriate. So we're going to conclude this
item and to allow Mr. Curry to get back to the airports as well, as well
as Camden to return to her station.
COMMISSIONER HENNING: The next item --
CHAIRWOMAN HILLER: Are you okay?
THE COURT REPORTER: I can make it until after the item.
CHAIRWOMAN HILLER: Okay. Because we don't have that
much more to go. Thank you.
COMMISSIONER HENNING: This wouldn't -- I don't think the
airport director's opposed to this item. It just provides, you know, fair
treatment. Before reporting to the FAA, that the airport staff come to
CHAIRWOMAN HILLER: The board.
COMMISSIONER HENNING: -- the airport authority and get
that approval.
CHAIRWOMAN HILLER: Which makes perfect sense. So
basically --
COMMISSIONER FIALA: Shouldn't we hear from the airport
director?
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CHAIRWOMAN HILLER: Yeah. I just want to make a
statement for the record.
The recommendation is that the Collier County Airport Authority
adopt the resolution as proposed by Commissioner Henning that is
incorporated in the backup material and amend its airport rules and
regulations by adding a fair treatment policy as Commissioner
Henning described.
MR. CURRY: Well, my recommendation was simply that it
would seem to me like a fair treatment policy would be countywide
and applied to everybody in the county. I'm not sure why it would be
airport specific.
COMMISSIONER HENNING: Well, because the airport staff
hasn't done that and, quite frankly, the board has adopted our goals on
how we treat residents, and that was through County Manager Mudd.
I'm not sure if you -- yeah, you did have the opportunity to meet him.
MR. CURRY: No, no. I wasn't here then.
COMMISSIONER HENNING: Yes. And, quite frankly, the --
any action that our employees does to what we call our customers --
MR. CURRY: Right.
COMMISSIONER HENNING: -- is our residents and our
constituents, they have no problem emailing us, and those are directed
over to the county manager to take care of. He has also other adopted
policies within the CC --
MR. OCHS: CMAs.
COMMISSIONER HENNING: CMAs.
MR. OCHS: Yes, sir.
MR. CURRY: So we're already bound by that?
COMMISSIONER HENNING: Pardon me?
MR. CURRY: I said, so we are already bound by a policy that
requires us to treat everybody fairly.
CHAIRWOMAN HILLER: You're not under the CMA, Chris.
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The county manager -- no, the county manager's staff -- you're the
executive director of the airport. The county manager is not involved
with the airport, and you're not involved with the county manager's
organization. You have separate rules and regulations, and you
answer directly to the board.
COMMISSIONER HENNING: This was a part of what Fletcher
Flying requested.
CHAIRWOMAN HILLER: Right. And it's -- you know, these
are airport rules and regulations.
Commissioner Coyle?
COMMISSIONER COYLE: I have a couple of questions of
clarification. What does this mean, the activities outside of the airport
secure areas? I don't know what you consider to be the airport secure
areas.
COMMISSIONER HENNING: The boundaries of the airport.
COMMISSIONER COYLE: Okay. So anything within the
airport boundary means that -- that no videotaping or other
surveillance will be done outside of the airport's boundaries; is that
right?
COMMISSIONER HENNING: Jeff?
MR. KLATZKOW: This language was just sent to me by Chris.
MR. CURRY: Well, we have the secured areas, and we have
unsecured. We have airside, and we have landside. So we generally
consider inside the fence secure area and outside the fence of the
airport what you would consider the unsecure area; however, we do
surveillance continuously on the airport in its entirety. So it may be a
matter of just amending the language slightly to say the entire airport.
Again, I think the premise was that we're not going in anybody's
building and videotaping anything, but anything on the property of the
airport, we will have under surveillance.
COMMISSIONER COYLE: Yeah. But you should have the
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right to go into anybody's building and videotape something if you
want to, because many of those buildings are airport authority assets.
You presented information to us showing damage to one of the
buildings that had to be corrected recently.
So I don't understand why there's any attempt to limit
videotaping and surveillance within the airport boundaries on all the
airport property. Why is there a concern about doing that? If you're
not doing anything wrong, what is it that's objectionable?
COMMISSIONER HENNING: Well, the issue, Commissioner
Coyle, is reporting, videotaping, you know, somebody you're doing
business with, and then the second issue is the constant reports to the
FAA.
And what Mr. Fletcher, Steve Fletcher has told me, he said, that's
my livelihood. I make my living and feed my family with that. If I
don't have my license, I have no way, not only to pay your lease, but I
have no way to have a living.
So what Mr. Fletcher wanted is a way to stop these automatic
reportings to the FAA and these constant surveillances.
COMMISSIONER COYLE: Well, if I could. These -- the ones
I'm familiar with were not automatic. They were triggered by an
actual event that was caused by Mr. Fletcher. And whether or not it
was a violation is something that has to be determined by the FAA.
And I've been unable to find that they have resolved those items
yet, but I don't think there is a direct connection between having valid
security video and surveillance within the airport properties. Almost
all, at least all general aviation airports that I've been around, have
some kind of airport surveillance. And I would be reluctant to try to
prohibit that.
Now, you already have provisions that say, unless it is an
immediate threat to public health or safety, no formal action of
complaint shall be filed without prior approval of the airport authority.
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June 11, 2013
You've already resolved that issue in another part of this paragraph,
so I don't understand why we want to limit the ability to have secured
surveillance within the confines of the airport.
CHAIRWOMAN HILLER: Well, if I may comment on that. I
think that the level of video scrutiny should be equal for everyone on
the airport and that there should be no increased scrutiny of Mr.
Fletcher because he's being perceived, you know -- or he's being
targeted unfairly, if you will, and I think that's the point. It goes to the
whole issue of fairness. So --
COMMISSIONER COYLE: But you can sort --
CHAIRWOMAN HILLER: Then there's --
COMMISSIONER COYLE: You can solve that under the next
sentence.
CHAIRWOMAN HILLER: All right. But can I continue.
There's a balance between the degree of surveillance that's required to
provide the necessary level of security, and that really is a discussion
for another time as to, you know, how much security is actually
needed at that airport. I still haven't seen the security plan, you know,
that we, by the way, as a board have never adopted even though the
FAA has adopted it and also, you know, a reasonable expectation of
privacy that, you know, I'm sure he has if, you know, he's within his
building and, you know, doing his business.
I think we have to be very careful about where we're going with
this, and I think -- at least it was my intent when I made the
recommendation with respect to video surveillance, is that it be no
more than anybody else at the airport was subject to, including our
employees. Our employees are subject to the same level of
surveillance.
MR. KLATZKOW: The intent of this is that when you lease
something, you're entitled to peaceful and quiet enjoyment.
CHAIRWOMAN HILLER: Correct.
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June 11, 2013
MR. KLATZKOW: Okay. And the intent of the video
surveillance is that -- he's got the cameras going anyway, okay, within
the secure area, and they're staying there, but the intent is that you
don't have an employee surreptitiously taping one of their --
CHAIRWOMAN HILLER: Correct.
MR. KLATZKOW: -- tenants or have an employee go in with a
video camera and opening the door and taking video. I don't think
that's the way we want to run our airport. If that's the way you want to
run your airport, that's fine.
CHAIRWOMAN HILLER: I don't think we can.
COMMISSIONER COYLE: Does that include employees who
go out and photograph hot fueling by the airport staff?
CHAIRWOMAN HILLER: I don't know. You have to ask
Commissioner Henning.
COMMISSIONER COYLE: Okay. But -- if I see a violation on
an airport and I take a picture of it -- and I think it's a safety issue, and
I take a picture of it, and I send that picture to the FAA, do you think
that's an inappropriate thing for me to do?
COMMISSIONER HENNING: Can I answer that?
CHAIRWOMAN HILLER: Yes, of course.
COMMISSIONER COYLE: Sure, sure.
COMMISSIONER HENNING: It could be. It's your opinion.
COMMISSIONER COYLE: No. There's a picture of it.
COMMISSIONER HENNING: Yeah. But that's your opinion.
You're not --
COMMISSIONER COYLE: That's right.
COMMISSIONER HENNING: You're not the judge and jury.
Let me --
COMMISSIONER COYLE: That's why it goes to the FAA,
though, you see.
CHAIRWOMAN HILLER: Unless it comes to the board.
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June 11, 2013
COMMISSIONER HENNING: But it should come to the board,
Commissioner.
COMMISSIONER COYLE: Okay. I'm talking about if I'm out
on the Naples Airport Authority somewhere and I see what I think is
an unsafe incident and I take a picture with my cell phone --
CHAIRWOMAN HILLER: As a citizen?
COMMISSIONER COYLE: -- that should not be -- that should
not be restricted. Nobody should restrict that, nor should anybody try
to restrict a report by someone, any observer, whether it's an airport
employee or not, restrict them from reporting to the FAA something
they believe is a safety -- public safety problem.
It's just like trying to write a law against whistleblowers and say,
you can't go to the FBI if you suspect we're doing something illegal.
You have to bring it to us first, and we have to approve it. It is a crazy
process, and I see no need for even doing this.
CHAIRWOMAN HILLER: I think -- Jeff, you know, this is a
very important issue. And when we've got employees acting in their
official capacity representing the county taking photographs, I think --
or videos or collecting evidence in some regard that would give rise to
an issue that potentially could be some, you know, federal or state
violation, since they're acting in their official capacity, there should be
a protocol that that goes to their supervisor, and that supervisor comes
to the board, and the board sends the complaint to the agency.
COMMISSIONER FIALA: You know what?
CHAIRWOMAN HILLER: I really -- I see it as a big problem if
you've got employees acting in their official capacity independently
going to -- I mean, there is nothing to disallow someone from being a
whistleblower about what the agency is doing incorrectly, but that is
very different than if we're talking about a tenant on county property
who is doing something, because then it's about the board making a
complaint.
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June 11, 2013
COMMISSIONER FIALA: You're just talking about Fletcher,
though. Let's take a look --
CHAIRWOMAN HILLER: No, we're talking about a general
principle here.
COMMISSIONER FIALA: That's what I want to do. I want to
talk about generally. If we have a flying school come in -- we just
saw this happen a number of years ago -- and they were training
people, and if an airport employee saw that these people were maybe
participating in subversive stuff or even he suspected it and he wanted
to take a video of that and send it, he doesn't need to send it to us. He
needs to send it to the FBI or whomever is going to be able to squelch
that, because they didn't do that at Charlotte County.
And, you know, if you recognize that there's something going on
that you feel that could be of harm to others, whether it be in your
community or whether it be in the country, man oh man, you better be
able to take that video and send it to the proper authorities.
CHAIRWOMAN HILLER: Jeff, can you share with us what
should be the proper protocol? Could you sit down until -- could you
have a seat until this discussion is over.
MR. KLATZKOW: I am okay with what the airport authority
has always done.
CHAIRWOMAN HILLER: Which is?
MR. KLATZKOW: Which is reporting violations to the FAA as
they see it.
CHAIRWOMAN HILLER: Directly?
MR. KLATZKOW: Directly. The issue here is that you have a
tenant who is your prime tenant who feels, rightly or wrongly, that
they're being harassed. This is simply part of an entire package here
establishing a relationship that you're going to have with your prime
tenant.
CHAIRWOMAN HILLER: Okay.
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June 11, 2013
MR. KLATZKOW: All right. If your prime tenant believes he's
being harassed -- what we're saying is we're not going to let our
employees take video cameras into your hangar, all right. If you have
a prime tenant that believes that he's unfairly getting complaints to the
FAA, we're telling your prime tenant, okay, unless there's an
immediate threat to health and safety here, we're not going to do
anything without going to the airport authority.
And, in fact, we're going to try to resolve it with the Airport
Authority Advisory Board beforehand. That is why we're having this
discussion. We're having this discussion because this is a problem at
this airport with your prime tenant, and if this problem's not resolved,
you're going to lose your prime tenant. That's what we're talking
about here. It's a -- this is --
CHAIRWOMAN HILLER: Which is the targeting.
MR. KLATZKOW: This is a business negotiation first and
foremost.
CHAIRWOMAN HILLER: Exactly, which is --
COMMISSIONER FIALA: So should we just say Fletcher then,
rather than the airport in general?
CHAIRWOMAN HILLER: No, because, I mean, we want -- we
don't want this to happen to anybody. So, again, it goes back to what I
was saying in the beginning, that the whole objective is not to have
treatment that's dispirit and that all these, you know, tenants or
invitees to the airport are viewed the same way and that, you know,
you don't have an employee following around one tenant with a
camera to try to catch them doing something wrong to or -- you know,
try to catch them in what they can try to allege is some sort of
wrongdoing to harass them.
MR. KLATZKOW: We have tenants all over the county, and
I've never heard of any county employee going to their facilities with
cameras, all right. This is a problem that you have at this one airport
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June 11, 2013
with this tenant that has resulted in this proposed change in policy.
CHAIRWOMAN HILLER: So the proposed change, then, is
fair, because it's a general proposed -- it's a general proposition to do
only what's necessary and treat everyone equally.
MR. KLATZKOW: It is an attempt to keep Mr. Fletcher at the
airport. That's the primary purpose of bringing this forward now.
CHAIRWOMAN HILLER: But it benefits any other tenant at
the airport or any other invitee equally.
MR. KLATZKOW: Yes.
COMMISSIONER FIALA: Commissioner, you want to be
concerned with your safety.
MR. CURRY: Let me just say this: There are conversations and
direct requests we have from several governmental agencies that never
come through the board. Whether it's the FBI, whether it's the CIA,
whether it's TSA.
CHAIRWOMAN HILLER: What has the FBI and CIA --
MR. CURRY: Direct requests that are made to me because of
their concern about certain activities that happen on the county airport
that never come to the board, so --
CHAIRWOMAN HILLER: Well, we're not talking about what
the FBI is asking you. We're talking about whether one of your
employees is following Mr. Fletcher with a video camera to try to find
a situation that he can capture in a picture and then say -- report to the
FBI and say I believe this is wrong.
MR. CURRY: Nobody -- nobody is doing that. But what I'm
telling you is if -- is if I receive directions from the FBI or CIA, for
example, that Mr. Fletcher was an issue or item of concern, the airport
would act appropriately to respond to that agency, whether it was
taking pictures or whatever the case is.
CHAIRWOMAN HILLER: And you wouldn't advise the county
attorney that the FBI has notified you to act as an informant and to
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June 11, 2013
take -- wow, I can't believe --
MR. CURRY: No, don't take this -- what I'm saying is that --
CHAIRWOMAN HILLER: Wow.
MR. CURRY: I would not come to the board --
CHAIRWOMAN HILLER: God help us. If the FBI is coming
to you and asking you to take videos of Mr. Fletcher --
MR. CURRY: You are trying to make a mountain of a molehill.
And again, just for the record, I'm not saying Mr. Fletcher --
CHAIRWOMAN HILLER: Or anybody.
MR. CURRY: -- has ever been targeted in that way by anybody.
But what I'm saying is that you're trying to make a requirement to
come through the board. The board process for me can be three
weeks, okay. That may not allow me to act effectively to deal with
those type of organizations. That's all I'm saying, plain and simple.
COMMISSIONER HENNING: May I -- I think there's a
misunderstanding. May I?
We're not talking about that. We're talking about reporting to the
FAA. We're not talking about requests from FBI or any other agency
to monitor somebody. And by the way, quite frankly, I would be very
surprised if the FBI asked the airport personnel to spy on a tenant, but
that's -- you know, anyways. Sir, I am speaking.
UNIDENTIFIED SPEAKER: I'm standing here.
COMMISSIONER HENNING: I'm speaking.
UNIDENTIFIED SPEAKER: I'm standing here.
COMMISSIONER HENNING: Let me tell you something that
was told to me by Mr. Curry after I came out to visit Mr. Fletcher. He
said after I left that all the tenants gathered in one place. So why is
that so important? Why is it so important that the employees out there
have to report that tenants are talking to each other?
In my -- and you know what I said to him? I says, well, maybe
they were having a birthday party, you know. Who cares?
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June 11, 2013
And, by the way, that was mentioned to Camden, too.
So that's what's happening out there. And the only reason this is
on here, like Mr. Klatzkow said, is to keep a tenant, Mr. Fletcher, the
one that's buying most of the fuel, most of the activities out in
Immokalee. And, furthermore, it provides a way for how the
employees conduct themselves. It's not saying not to report to the
FAA. It's saying come to the airport authority first.
That's all it is. I hope that we can get back to the real issue
instead of scenarios of spying agencies and --
CHAIRWOMAN HILLER: I couldn't help it. I just -- I
shouldn't have.
COMMISSIONER HENNING: You know, I'm going to make a
motion to approve this item.
COMMISSIONER FIALA: This can be very serious.
CHAIRWOMAN HILLER: It's just terrible.
COMMISSIONER FIALA: It's not funny.
CHAIRWOMAN HILLER: It's not. It's, like, painful.
COMMISSIONER FIALA: So then why don't you just -- why
don't you just target this only for Fletcher. Nobody can take any
pictures of him --
CHAIRWOMAN HILLER: No.
COMMISSIONER FIALA: -- or if they do, it has to come to the
board. But all of the other airports, you still have to have security
measures in place. You just don't want to do that for Fletcher?
CHAIRWOMAN HILLER: No.
COMMISSIONER FIALA: Well, what are you saying? That's
the only one you're talking about.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER FIALA: So why don't you just do it? You
can take me off now.
CHAIRWOMAN HILLER: Commissioner Nance?
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June 11, 2013
COMMISSIONER NANCE: You know, there is absolutely --
there is absolutely no way you can regulate the working and business
environment of a company or an organization or a facility. The
responsibility to maintain a good working environment is the
responsibility of the executive director of the airport. He's the final --
he's the final guy that's going to do that. He's the guy that's directing
the operations to fulfill the policies that the airport authority directs.
So there's no way you can go in and regulate it. This provision is
strictly in an effort to try to -- to try to regulate the abuse of regulation,
and I don't think there's any way to do that.
CHAIRWOMAN HILLER: No, there is. You certainly can
regulate the abuse of regulation.
COMMISSIONER NANCE: It's very difficult when safety is
constantly invoked as a stopping point for every argument that's ever
brought up to solve a problem. You know, everything is always
wrapped in safety, and it's a circular argument that takes us back over
and over and over again.
CHAIRWOMAN HILLER: Well, let me --
COMMISSIONER NANCE: And it's our first concern -- but let
me finish. It's our first concern. Safety is always our first concern,
but we can't have analysis paralysis that stops us from using this
facility, and that's what we've gotten into. We've gotten to where
people can't function because we're just paralyzed by all this circular
argument that always take us back to some reason why we can't do
something because, you know, the FBI or the CIA might show up. It
think it's bizarre and ridiculous, and I'm going to second
Commissioner Henning's motion to approve Item 14A4.
CHAIRWOMAN HILLER: Okay. There being no further
discussion, all in favor?
(No verbal response.)
COMMISSIONER NANCE: Aye.
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June 11, 2013
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Any opposed?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Motion carries 3-2 with
Commissioner Fiala and Coyle dissenting.
And just to -- you know, I just want to comment on, you know,
controlling how far you can go with regulation and protecting
individual rights against abuse. I mean, our constitution addresses that
over and over again. You know, we have search and seizure, due
process, all that good stuff.
COMMISSIONER NANCE: I agree 100 percent.
CHAIRWOMAN HILLER: We certainly do want to --
especially when it comes to police power, we want to make sure that
there are no abuses and that everything is done fairly and correctly.
COMMISSIONER NANCE: I agree. And having good
managers is critical to that.
CHAIRWOMAN HILLER: In addition, absolutely.
COMMISSIONER HENNING: Madam Chair, I'm not sure how
many speakers want to address the next item. Being the heat in the
room, it might be wise to take a break and let it cool down.
CHAIRWOMAN HILLER: Sure.
The next item relates to staff reductions at the airport, developing
a prepaid -- well, basically a fee structure for ramp fees, flowage fee
for fuel, and a prepaid fuel card program, and then, finally, a
partnership with the Immokalee CRA. Are any of the speakers that
are here interested in addressing that issue?
All right. In that case, I'm going to follow Commissioner
Henning's recommendation that we break now for lunch. We'll be
back at 2 o'clock, and we'll continue with Item 14A5 at that time.
(A luncheon recess was had.)
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June 11, 2013
MR. OCHS: Madam Chair, you have a live mike.
CHAIRWOMAN HILLER: Thank you. Before we begin the
next item on the agenda, which is 14A5, I just wanted to do a quick
follow-up on the last discussion we had.
Chris, would you mind coming to the podium. Chris, during your
last discussion -- and the reason I'm bringing this up now is because
we've concluded the last agenda item, before we start the next one, I
just want to quickly ask while you're still here -- you blurted out that
the FBI and the CIAs were coming to you for information. Are you
acting as an agent for the federal government without our knowledge?
MR. CURRY: No, I'm not.
CHAIRWOMAN HILLER: Well, are they coming to you and
asking you for information?
MR. CURRY: I'm not going to get into that level of discussion
here today with the board. I think that's something, if you want to talk
about the type of involvement we have, it should not be in this forum.
CHAIRWOMAN HILLER: Well -- but you brought it up in this
forum, so --
MR. CURRY: I did, but I'm not going to answer anything
related to that.
CHAIRWOMAN HILLER: Well, I'm concerned because, you
know, I would hope that they're not using you to circumvent, you
know, the constitutional rights of individuals, and I'd also think that
the board, if there is criminal activity going on -- and now we're not
talking about the FAA.
Because Commissioner Henning was correct, what we were
talking about, you know, was the FAA, and we weren't talking about
criminal activity, but you brought that up. I'm very concerned. I
mean, do we have potential criminal activity going on at the airport
that the board needs to know about? I mean, we're ultimately the --
you know, the responsible entity.
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June 11, 2013
MR. CURRY: If the board needed to know about it, I would let
you know.
CHAIRWOMAN HILLER: Well, I'm very concerned.
MR. CURRY: Okay.
CHAIRWOMAN HILLER: I'm seriously very concerned. And
how do you propose giving us the information that you said you
would give us but outside of this public forum?
MR. CURRY: I would probably brief you individually or work
through the County Attorney's Office to do it in a closed session.
CHAIRWOMAN HILLER: Okay. And does this go to you,
like, video -- you know, following people around with videotapes?
Because this conversation all came about when we were talking about,
you know, videoing Mr. Fletcher.
Like, to give you an example, videotaping Mr. Fletcher within
his hangar would be a violation of his Fourth Amendment rights. I
mean, is something like that going on? I mean, we need to know.
MR. CURRY: We're on an airport, okay. We're not on the
street. Everything on an airport is subject to surveillance. If anybody
told you that I'm running around following somebody videotaping,
that is totally false. Did somebody tell you that?
CHAIRWOMAN HILLER: I believe that there was an
allegation made in Mr. Fletcher's suit that your staff was following
him with video -- a video camera or something like that. I'm not sure.
I don't recall.
MR. CURRY: Okay. Well, I mean, if you're not exact, then I --
I'm not going to answer --
CHAIRWOMAN HILLER: You can refer to the complaint.
MR. CURRY: Well, we've already dealt with that. We've dealt
with that in the court.
CHAIRWOMAN HILLER: So you're not acting as an agent of
the federal government?
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June 11, 2013
MR. CURRY: I think I answered that before.
CHAIRWOMAN HILLER: Okay. I just want to clarify. Your
answer was no?
MR. CURRY: (No verbal response.)
COMMISSIONER FIALA: Why are we --
CHAIRWOMAN HILLER: Because this is a very important
issue.
MR. CURRY: Is that part -- I don't see where that's relative (sic)
to the agenda. I used it as a mere example, but I don't see how it's
relative to the agenda that relates to videotaping. As it was -- as it was
clearly explained, it was dealing with the FAA only, so that's all we're
dealing with.
CHAIRWOMAN HILLER: Okay. I just want to confirm that.
And you're not engaging in any activity that would violate anyone's
constitutional rights on behalf of any federal agency like the FBI or
the CIA notwithstanding that they have said -- you have just said -- I
mean, you stated it on the record that they came to you for
information.
MR. CURRY: Not as far as I know.
CHAIRWOMAN HILLER: Okay. But you are providing them
with information?
MR. CURRY: If I'm asked, I will.
CHAIRWOMAN HILLER: Well, you indicated that you were,
that's why I'm raising this issue.
MR. CURRY: If I'm asked, I will, okay.
CHAIRWOMAN HILLER: Okay. Thank you.
Item #14A5
RECOMMENDATION DIRECTING THE AIRPORT
AUTHORITY EXECUTIVE DIRECTOR TO MODIFY
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June 11, 2013
IMMOKALEE AND EVERGLADES AIRPORT OPERATIONS BY
SEPTEMBER 1, 2013 TO ENABLE THE AIRPORTS TO
BECOME SELF-SUSTAINED AND THE EXECUTIVE
DIRECTOR TO BRING BACK TO THE BOARD OF COUNTY
COMMISSIONERS AT THE JULY 9, 2013 MEETING AN
OPERATIONS PLAN AND FINANCIAL REPORT FOR REVIEW
TO ACHIEVE THE FOLLOWING: (1) STAFF REDUCTION
PLAN TO REDUCE STAFF AT IMMOKALEE REGIONAL
AIRPORT FROM 5 FTE TO 1.5 FTE AND PROVIDE A WRITTEN
FEASIBILITY ANALYSIS TO REDUCE EVERGLADES
AIRPORT STAFF LEVEL TO A .5 FTE; (2) ADOPT AN
IMMOKALEE REGIONAL AIRPORT RAMP FEE OF $25 IN
LIEU OF MEETING A NEW FUEL PURCHASE MINIMUM OF 5
GALLONS FOR LANDING AIRCRAFT; (3) ADOPT A SINGLE
FLOWAGE FEE FOR FUEL REGARDLESS OF VOLUME OR
FUEL SOURCE; (4) DEVELOP A PRE-PAID FUEL CARD
PROGRAM TO INCREASE FUNDS COLLECTED IN ADVANCE
AND ESTABLISH AN ENTIRELY SELF-SERVICE FUEL
PROGRAM WITHOUT NEED FOR STAFF. DEVELOP A PRE-
PAID FUEL CARD DISCOUNT SYSTEM BASED ON
PURCHASE VOLUMES; AND (5) PARTNER WITH
IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY
(CRA) BY MOVING CRA OFFICES TO IMMOKALEE
REGIONAL AIRPORT'S MANAGEMENT OFFICE AND
UTILIZE CRA STAFF AS AIRPORT CUSTOMER SERVICE
SUPPORT IN LIEU OF RENT TO OFFSET STAFF REDUCTIONS
- MOTION TO CONTINUE TO THE JULY 9, 2013 BCC
MEETING AND AIRPORT DIRECTOR TO BRING BACK
ALTERNATIVES — APPROVED
CHAIRWOMAN HILLER: Commissioner Henning, 14A5.
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June 11, 2013
COMMISSIONER HENNING: Madam Chair, I really want to
make a motion to continue this item.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER FIALA: That's a good idea. I'll second that.
COMMISSIONER HENNING: No. And there's a lot of
emotion in these items that should not be. I brought these forward for
a business decision.
We looked at other airports, including Hendry County that has
two airports. They have one employee. LaBelle sells twice the fuel as
Immokalee.
CHAIRWOMAN HILLER: Uh-huh.
COMMISSIONER HENNING: They have one employee. But I
think the direction would be -- since Mr. Curry has seen my item -- is
request that he comes back with an alternative, and it also gives me a
chance to work with Brad. I don't -- Brad Muckel, our CRA director.
CHAIRWOMAN HILLER: Sure.
COMMISSIONER HENNING: I don't want him to take the heat
for this.
CHAIRWOMAN HILLER: Of course. That's understandable.
COMMISSIONER HENNING: I need to go out to Immokalee to
the CRA board and explain why I brought this up and get their
feedback and cooperations.
CHAIRWOMAN HILLER: Well, then I'll make a motion that
we continue Item 14A5. Would you like to bring it back at the next
board meeting?
COMMISSIONER FIALA: I already seconded Commissioner
Henning's.
COMMISSIONER HENNING: Well, my motion would be to
continue it until, actually, the July meeting.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER HENNING: And with that motion is direct
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June 11, 2013
the airport director to come back with an alternative to my agenda
item.
CHAIRWOMAN HILLER: So you want to go ahead and make
the motion?
COMMISSIONER HENNING: I did.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER FIALA: And I seconded it.
CHAIRWOMAN HILLER: All right. Sounds good.
COMMISSIONER FIALA: Commissioner Henning, may I just
suggest, while you're doing your searching and delving into this a little
bit deeper -- and I'm happy that you've suggested to do that. One of
the questions I was going to ask today -- so you might want to
investigate, because I didn't see it here -- was can a CRA staff who has
been paying -- who is being paid by TIF funds be allowed to then
operate as airport personnel when they can't do CRA work? That
would be one suggestion. And secondly --
COMMISSIONER HENNING: I could answer that now if you'd
like.
COMMISSIONER FIALA: Oh, okay. But you might add that
into your things as well.
And the second thing I wanted -- and I don't know that this works
or not. I can only say with Bayshore CRA, they needed to be
involved there right in the CRA so people can drop in and see them
and talk with them and participate in it, and it would be maybe a little
more difficult for them to get over to the airport. And I was just
wondering if that's a location. But you don't have to answer these
things now, just -- I think it would be good if you could bring it back.
COMMISSIONER HENNING: Sure.
COMMISSIONER FIALA: Thank you.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes.
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June 11, 2013
Commissioner Henning, I actually support your effort to try to
make the airport more economical. I believe my comments in that
regard are -- have been clear. I really support that.
I hope that we can have a motion to have Mr. Curry bring back a
plan to do something similar; however, I would -- I would say -- and I
understand what you're doing with your No. 5, which is suggesting
that the community -- the Immokalee CRA partner with them for
efficiency, but my only concern is that the -- under Brad's leadership,
the CRA, I think, is getting retooled. It's much smaller. It's much
leaner. It's only got three people. And I want to make sure that in our
effort to improve what happens at the airport that we don't damage the
reformation of the CRA. I'm really concerned that the CRA's
community based, that it gets back to its core mission.
I actually thought that his move -- his suggested move to
Southwest Florida Works in the one stop was actually very, very
good, because I think it's going to have a lot of synergy in the location
of that.
So I would really like to bifurcate those two things. I think
there's a lot of reasons, not -- in our effort to not improve the airport,
but I want to make sure that the CRA doesn't get tied down trying to
provide customer service for the airport, which is all day every day,
and they lose their core mission.
So I support -- I understand exactly what you're doing, and I do
support your effort to downsize the airport.
COMMISSIONER HENNING: Well, let me just say this. In
lieu of rents, $25,000 in rent that he -- the CRA was going to pay, they
were going to do minor operations at the airport and -- however, I
need to talk to the CRA board and see if they're on board.
Now, if you feel that they should go to the workforce
development, I'll just remove that right off the table.
COMMISSIONER NANCE: No. I don't want to make that
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June 11, 2013
decision unilaterally.
COMMISSIONER HENNING: Okay.
COMMISSIONER NANCE: That's not what I'm saying. I
would not -- you know, I don't want to cut off the discussion. I'm just
saying that I really think that that location may have a lot of utility for
them as they go back to their core mission. It's handy. They don't
have to pay electric. They have a meeting room. They don't have to
do cleaning. It's really great for a small three-person staff to do that,
you know.
And I would welcome talking to Brad. But I want to make sure
that the -- in our effort to help the airport, that we don't take away
from the CRA. That's all I'm saying.
COMMISSIONER HENNING: Right. And I --
COMMISSIONER NANCE: And like I say, I won't push
anything in particular.
COMMISSIONER HENNING: Okay. And I don't want to --
you know, it's a cooperative effort, I hope.
COMMISSIONER NANCE: Absolutely.
COMMISSIONER HENNING: And I was thinking about, you
know, we have vacancies within the airport.
CHAIRWOMAN HILLER: We do.
COMMISSIONER HENNING: And, you know, I can see
possibly, potentially, the CRA helping us fill that.
CHAIRWOMAN HILLER: Absolutely.
COMMISSIONER HENNING: So -- but, again, talking to Brad,
who I'm glad is, you know, leading up the CRA there --
COMMISSIONER NANCE: Absolutely.
COMMISSIONER HENNING: -- and I want to talk to him, his
board, or our board, and work out something.
COMMISSIONER NANCE: I agree. I welcome your motion to
continue the item, and I will second that unless there's --
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COMMISSIONER FIALA: I did.
COMMISSIONER NANCE: Okay. Commissioner Fiala, okay.
COMMISSIONER COYLE: Could I make an observation?
CHAIRWOMAN HILLER: Yep. Commissioner Coyle.
COMMISSIONER COYLE: Just an attempt to save you some
time and, perhaps, eliminate any difficulties. I would suggest we ask
the airport director to get a clarification from the FAA concerning
their diversion of funds policy. It is very strict, and it could be
sometimes complex, and if it appears to them that money is somehow
being diverted from the airport operations into the coffers of Collier
County, they can take issue with those things. And it depends on how
you represent this proposal.
If you have CRA staff doing certain things, and they're not
paying any rent, you have to make sure that the value of their
contribution equals the amount of rent that you're paying to make sure
that there is no illegal diversion of funds.
So it would be a smart thing to do, I believe, to try to get an
advanced reading from FAA on that issue before we bring this up for a
final vote.
CHAIRWOMAN HILLER: I think that's a very fair question,
Commissioner Coyle, and I think -- if I may.
COMMISSIONER HENNING: Yeah, I'm sorry.
CHAIRWOMAN HILLER: I think that that should be put in
writing by the FAA with a law attached. We should try to request that
it be placed in writing. And I'd like the county attorney to review it so
there isn't any misrepresentation based on merely oral
communications so we know exactly what we're relying on.
I just would like to comment on your proposal, Commissioner
Henning. I think it's excellent. I really applaud you for looking at
cost-cutting measures as a means to get us where we need to go for
looking at, you know, effective ways to collect revenues and to raise
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June 11, 2013
revenues.
And with respect to your recommendation to move the offices to
the airport, the CRA would really benefit the airport and the
Immokalee area jointly by working on leasing out and developing the
non-aviation portion of the airport facility.
So to have them located there actually directly benefits the
community as a whole and the airport concurrently, so it's a really
good idea, because there's a tremendous revenue potential in those
undeveloped commercial pieces that are non-aviation, and we need the
CRA involved in that phase of development.
So I think your recommendation to put them there -- and,
concurrently, as a byproduct, to save the rent revenue, since we do
have vacant space -- does make a whole lot of sense. So I certainly
support it.
COMMISSIONER FIALA: At the same time, we have to make
sure that they meet the CRA criteria to receive TIF. For instance, it's
supposed to be eliminating blight, slum, crime. I don't think they have
that on the airport. It's also supposed to be a beautification process to
enhance area -- to enhance the area, also to give incentives to
businesses to not only remodel but to change their facade to upgrade
their business and so forth.
You can only do so much on an airport, but you really need to get
into the downtown area where it makes a difference and where you
can see that it can uplift that community and then draw in more
businesses.
CHAIRWOMAN HILLER: County Attorney, can you verify
whether or not the CRA can assist in the development of the
non-aviation portion of the airport?
MR. KLATZKOW: Yes.
CHAIRWOMAN HILLER: Thank you.
With that --
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June 11, 2013
MR. OCHS: Call the question, Madam Chairman.
CHAIRWOMAN HILLER: I'm sorry. Thanks.
MR. OCHS: You're welcome.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER COYLE: (No verbal response.)
COMMISSIONER FIALA: (No verbal response.)
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Any opposed?
(No response.)
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #9A
ORDINANCE 2013-45: RECOMMENDATION TO CONSIDER
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 03-51, AS AMENDED,
WENTWORTH ESTATES MIXED PLANNED UNIT
DEVELOPMENT (MPUD), BY INCREASING PERMISSIBLE
NUMBER OF DWELLING UNITS FROM 1,200 TO 1,450; BY
AMENDING ORDINANCE 2004-41, THE COLLIER COUNTY
LAND DEVELOPMENT CODE BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF AN
ADDITIONAL 5.3± ACRES OF LAND ZONED RURAL
AGRICULTURAL (A) TO THE WENTWORTH ESTATES MPUD;
BY REVISING THE DEVELOPMENT STANDARDS TO MAKE
CHANGES INCLUDING AN ELIMINATION OF THE MEDIUM
HEIGHT DENSITY RESIDENTIAL USE WHICH ALLOWED 90.0
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June 11, 2013
FEET IN ZONED BUILDING HEIGHTS AND AN INCREASE IN
BUILDING HEIGHT FOR MEDIUM DENSITY RESIDENTIAL
FROM 45 FEET ZONED HEIGHT TO 50 FEET ZONED HEIGHT;
DEFINING ZONED HEIGHT AND ACTUAL HEIGHT;
PROVIDING FOR DELETION OF EXHIBITS INCLUDING
EXHIBIT "A" LOCATION MAP, EXHIBIT "B" BOUNDARY
SKETCH AND LEGAL DESCRIPTION, EXHIBIT "C" EXISTING
CONDITIONS MAP, EXHIBIT "D" TOPOGRAPHIC MAP,
EXHIBIT "E" AREA WIDE COMMUNITY SERVICES MAP,
EXHIBIT "F" AERIAL PHOTOGRAPH, EXHIBIT "G"
PRELIMINARY DRAINAGE PLANS AND DETAILS, EXHIBIT
"H" PRELIMINARY SEWER PLANS, EXHIBIT "I"
PRELIMINARY WATER PLANS, AND EXHIBIT "K" BALD
EAGLE MANAGEMENT PLAN; BY AMENDING THE MASTER
PLAN; AND ADDING EXHIBIT "A" DEVELOPMENT
STANDARDS, EXHIBIT "B" MPUD MASTER PLAN, EXHIBIT
"C" DEVIATIONS, AND EXHIBIT "D" WATER MANAGEMENT
BASINS, AND REVISING DEVELOPER COMMITMENTS. THE
PROPERTY IS LOCATED ON THE SOUTHWEST SIDE OF
TAMIAMI TRAIL EAST (US 41) APPROXIMATELY 1-1/4 MILES
SOUTHEAST OF THE INTERSECTION OF TAMIAMI TRAIL
EAST (US 41) AND RATTLESNAKE HAMMOCK ROAD (CR
864) IN SECTIONS 29, 30, 31, 32, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, AND SECTION 5, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING
OF 1563.84± ACRES; AND BY PROVIDING AN EFFECTIVE
DATE — ADOPTED
MR. OCHS: Madam, that would take you to Item 9A, your
advertised public hearings. This item requires that ex parte disclosure
be provided by commission members, and all participants are required
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to be sworn in.
This is a recommendation to consider an ordinance of the Board
of County Commissioners of Collier County, Florida, amending
Ordinance No. 03-51, as amended, the Wentworth Estates mixed
planned unit development by increasing the permissible number of
dwelling units from 1,200 to 1,450; by amending Ordinance No.
2004-41, the Collier County Land Development Code, by amending
the appropriate zoning atlas map or maps by changing the zoning
classification of an additional 5.3 plus-or-minus acres of land zoned
rural agricultural to the Wentworth Estates, MPUD; by revising the
development standards to make changes including an elimination of
the medium height density residential use which allowed 90 feet in
zoned building heights and an increase in building height for medium
density residential from 45 feet zoned height to 50 feet zoned height;
defining zoned height and actual height; providing for deletion of
exhibits, including Exhibit A, location map; Exhibit B, boundary
sketch and legal description; Exhibit C, existing conditions map;
Exhibit D, topographic map; Exhibit E, area-wide community services
map; Exhibit F, aerial photography; Exhibit G, preliminary drainage
plans and details; Exhibit H, preliminary sewer plans; Exhibit I,
preliminary water plans; and Exhibit K, Bald Eagle Management Plan;
by amending the master plan; and adding Exhibit A, development
standards; Exhibit B, MPUD master plan; Exhibit C, deviations; and
Exhibit D, master plan basins, and revising developer commitments.
The property is located on the southwest side of Tamiami Trail
East approximately one-and-a-quarter miles southeast of the
intersection of Tamiami Trail East and Rattlesnake Hammock Road in
Sections 29, 30, 31, 32, Township 50 South, Range 26 east, and
Section 5, Township 51 south, Range 26 east, Collier County, Florida,
consisting of 1,563.84 plus-or-minus acres, and providing an effective
date.
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June 11, 2013
CHAIRWOMAN HILLER: Thank you. Could we have all the
individuals who are going to speak sworn in, please.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRWOMAN HILLER: Ex parte communication,
Commissioner Henning?
COMMISSIONER HENNING: Madam Chair, I did a site visit
with the applicant and the applicant's agents. I received email --
emails and staff report.
CHAIRWOMAN HILLER: Thank you.
Commissioner Nance?
COMMISSIONER NANCE: Yes. I reviewed the staff report
and had meetings with the applicant.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: I read the staff report.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I've had a number of site
visits. I also took a whole tour group out, and we had an extensive
tour of the property which, by the way, everybody was impressed
with, if I might add.
I've talked with staff members, I've talked with the petitioner, I've
talked to the agents for the petitioner, I've talked to residents in the
area, and I even had a couple meetings in my office with some of the
residents, and I read everything -- all of the backup material that we've
received as well.
CHAIRWOMAN HILLER: And I read the backup material, and
I spoke to Mr. Anderson and to the chair of the Planning Commission.
With that --
COMMISSIONER FIALA: Oh, I spoke to the Planning
Commission, too. Thank you for saying that.
CHAIRWOMAN HILLER: With that, if we can proceed with
the hearing. Go ahead, Mr. Anderson.
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June 11, 2013
MR. ANDERSON: Thank you, Madam Chairman.
My name is Bruce Anderson from the Roetzel & Andress law
firm. I'd like to introduce my clients today, Darin McMurray, the
division president of Lennar Homes; Russell Smith, the senior vice
president; and from the Stantec planning and engineering firm, we
have Margaret Perry, David Wilkison, and Jeff Perry.
This is a PUD amendment for Wentworth Estates. It has been
developed under the name Treviso Bay. This amendment was
originally filed requesting an increase in density from 1,200 to 1,600
dwelling units, and as a result of meetings with the residents of
Treviso, the density request has been reduced by 250 dwelling units.
The total would now be 1,450 dwelling units.
COMMISSIONER FIALA: I think that's 150, right?
COMMISSIONER COYLE: Reduction. Reduction is 150, not
250.
MR. ANDERSON: Okay, yeah.
COMMISSIONER FIALA: Fourteen five and 150 makes 16.
MR. ANDERSON: That's why I'm not a tax lawyer.
COMMISSIONER FIALA: Good answer.
MR. ANDERSON: That's on -- 1,450 dwelling units on a little
over 1,500 acres. That's less than one dwelling unit per acre. The
Comprehensive Plan allows three. This is a comparable density to
Sabal Bay, which has a density of .85 units per acre.
This PUD amendment also incorporates a, approximately,
five-acre parcel that was owned by Florida Power & Light that sits
inside the PUD boundary.
Lennar has worked very closely with their residents and met with
them often individually and in groups.
I have here displayed a colored map of the PUD master plan, and
it contains a lot of details about the most intensive land uses that can
occur on the partially developed east side of the property.
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June 11, 2013
This map here is attached to and made a part of the PUD
ordinance, so they will have to live with those details.
They've also agreed to buffers between existing single-family
tracks that are next to the FP&L power lines and also limited to height
of buildings to two stories where they abut single-family on the other
side.
We also agreed at the Planning Commission to include a bike
lane and sidewalk as part of the new arterial road on the west side of
the property lines.
At the request of some of the residents, this is more of a customer
service item. Six additional speed limit signs have been installed
along the main thoroughfare. And also, again, as a customer service
item, there was concern about pedestrian entry into Treviso by
nonresidents to fish. And so they are beefing up the fencing around
there to try to prevent that.
They also completed the installation of the traffic signal at U.S.
41 and Southwest Boulevard making for a safe place for people to
cross the road down there.
The other big change that this makes is it gets rid of the potential
to have 12 90-foot-tall condominium buildings there. Those are
completely removed from the PUD, and much lower building heights
are imposed.
We believe these height changes, together with the specific
development restrictions, makes for a more internally compatible
project.
The Planning Commission agreed and unanimously
recommended approval, and we respectfully request that you follow
their recommendations.
CHAIRWOMAN HILLER: Thank you.
Any questions from the board?
MR. ANDERSON: Thank you.
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June 11, 2013
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes. First of all, thank you so much
for putting the speed signs in. I know that that was a concern, and I'm
really happy to see that you followed up on that. Also, they were --
the fishing area where people could come in from other areas, that was
great that you -- you're closing that off. And I know that the residents
will all appreciate that. These are some things that we talked about in
our meetings.
Another thing that we talked about was bike paths and sidewalks.
And I understand that they're all going to be put in the new section.
You can't put it in the old. They've got what they -- they have what
they have. And so -- but that will go in the new section, and I just
wanted to put that on the record.
Another thing that was mentioned, when I was reading through in
the backup here, you had a neighborhood information meeting. And
one of the last questions at the neighborhood information meeting was
they had understood that there would be a representative on the CDD
from the residents.
And then the answer that they received was that's -- that we're
following the PUD or something like that. So when I talked to Bruce
yesterday, Bruce said, yes, it isn't in the PUD that they have to, but it
is in the CDD agreement, and they do have a resident that will be
sitting on that. I don't know if you have one.
MR. ANDERSON: He is, a Mr. Newcomb. He on the CDD
board now. Yes, ma'am.
COMMISSIONER FIALA: Okay, great. We just wanted to
make sure all of those things are in place.
Now, one of the big things that the residents wanted was a better
balance with single-family and multifamily. And I think that at the
time you were asking for the 250 additional units; at that time
condominiums were very, very popular. We are finding now that
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June 11, 2013
we're going back to single-family is king, and so we want to allow
you, if you ever want to do less and put in single-families, they would
really love to have a better balance between single-family and
condominium.
And I'm putting that on the record because you just might find
that that is to your benefit to do that, especially with what's going in
next door to you.
So I'm suggesting that nobody would have a problem with you
putting some single-families in instead.
MR. ANDERSON: They have retained that flexibility.
COMMISSIONER FIALA: Yes. But we're hoping that you
keep the single-families separate from the multifamily. And, also, the
last thing that I wanted to talk to you about was the buffer zone along
the west side of the FP&L corridor there.
MR. ANDERSON: Yes, ma'am.
COMMISSIONER FIALA: You have in the plans for Type A,
and I realize that that's -- you know, it's 100 feet wide, the FP&L. But
I would think for the multi -- or single-families looking over at the
multi-families on the other side, a heavier -- a heavier vegetation
would be nice, like a Type C, so at least we have some larger things
and thicker.
MR. ANDERSON: Yes. If I could, I'd like to show you a
picture of -- a Type A is all that has ever been required in this area
from the original PUD, but when Lennar came in, they installed -- I
guess you would characterize that as a very enhanced Type A buffer.
COMMISSIONER FIALA: How old is that?
MR. McMURRAY: This morning.
COMMISSIONER FIALA: No, but I mean, when was that
planted to become this heavy?
MR. McMURRAY: Beginning of the year.
COMMISSIONER FIALA: Pardon me?
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June 11, 2013
MR. McMURRAY: Beginning of the year.
COMMISSIONER FIALA: Beginning of the year. And this is a
Type A at the beginning of the year, or is this a Type C?
MR. SMITH: By the way, Russell Smith for Lennar, sorry.
The permitted development plans required a Type A. The point
Bruce is making is that -- and that's a tree every 30 feet, I believe.
COMMISSIONER FIALA: Right.
MR. SMITH: But we took it upon ourselves to enhance that with
the hedge and everything just because it looked better, just because it
was a better product. So -- and that was done earlier this year. I took
that photograph this morning.
COMMISSIONER FIALA: Is that what you're doing along the
FP&L easement?
MR. SMITH: This is along the FP&L easement, this photograph.
It is --
COMMISSIONER FIALA: Is that all along the whole FP&L
easement?
MR. SMITH: Not the entire tire FP&L easement. It's -- this
particular photograph was in this area behind homes on Piacere.
There's a similar buffer -- not exactly the same plantings, but there's a
similar buffer behind -- that was put in by the previous developer
along the homes on Italia, which is the southern part of it, and that
required a Type A as well, I believe, along that area.
Once again, it's a little bit more enhanced than that. And then
there's the 110-foot FP&L easement, and we've committed to put at
least a Type A on the other side as well, so there would be buffers on
both sides.
COMMISSIONER FIALA: But attaching this so that it would
all correspond and you wouldn't -- and it would all look uniform?
MR. SMITH: Well, you know, once again, Darin, what do you
want to do? I mean, the -- we're required to have a Type A. We
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installed this, is kind of what I'm getting at.
MR. McMURRAY: And I'm Darin McMurray. You know, no
different than this buffer, we were required to put in a Type A. We're
going to look at the lay of the land and do what's required, you know,
not only to provide a quality product for our homeowners, but also a
quality product for the community.
And, you know, I don't really understand what's to the west,
because it's a lot of trees. Hopefully we can use a lot of that natural
vegetation. Hopefully we can bring in some berming. But I can
commit to you we're going to do better than a Type A.
COMMISSIONER FIALA: Just so that you can commit to me
that the rest of it will look just like this so that it's kind of a uniform
planting, and I don't think that's too much to ask. I know that you
want a quality look to your project anyway. So I just wanted to put it
on the record.
MR. McMURRAY: Be more than happy, if the county didn't
like what we put there, to enhance it better. And the reason I say that,
you know, we've been here since the '60s. We love Collier County.
We love building here in your backyard, and we're not going to upset
our customers.
And just like this buffer here, we enhanced it for unit protection,
we enhanced it for our homeowners, and I think that's what we've
done there.
And as far as a B or a C, it really depends on the lay of the land.
COMMISSIONER FIALA: No, I didn't even say B or C in this
case.
MR. McMURRAY: With the berming and everything else,
because it is a large area.
COMMISSIONER FIALA: You're just going to continue on
with what it is right now so that it all is uniform, right?
MR. McMURRAY: I can't promise you that I'll put that same
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buffer in. I can promise you that it will look better or just as good.
COMMISSIONER FIALA: Okay. If you promise me it looks as
good or better, okay, just so -- you know, I've seen some buffers, and I
would be embarrassed to call them a buffer. And, you know, they
promise us one thing, and they come up with --
MR. McMURRAY: Truly understand.
COMMISSIONER FIALA: -- stinkin' tiny little plants. And I
just wanted to make sure that these people have the benefit of good
plantings and what they expect in their beautiful community.
MR. McMURRAY: See this is a -- this buffer is just a straight
line. And because we have a little bit of land mass over there, I
envision to do some mounding a lot of beautification over there.
COMMISSIONER FIALA: Great, great. That's what I needed
to know; the same or better. Okay. That's what I wanted to put on the
record.
MR. McMURRAY: Thank you.
COMMISSIONER FIALA: And so -- let's see. Right now I think
-- I have more questions, but wait till I get to them. I'll be done for the
time being. I've got a lot of people on their computers up north that
are watching us today. They've sent me emails to let me know that
they're -- they will be watching us on TV.
CHAIRWOMAN HILLER: Commissioner Fiala, why don't you
continue with your questions. We have no public speakers, and none
of the other commissioners have their lights on.
COMMISSIONER FIALA: Okay.
CHAIRWOMAN HILLER: So it's --
COMMISSIONER FIALA: Another thing, I just wanted to make
sure that as you build the next section -- and it's already in your PUD,
and I'm sure you're going to do this -- you're going to be putting the
5-foot sidewalks in along with the 4-foot-wide bike lanes. One of the
problems they were having, as you well know, is the biking in the
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community. And it's become kind of dangerous for them because of
the speeding cars. Thank you for putting in the speed signs. That will
help a lot, I'm sure. I just -- just clarify that just so that everybody
knows. Let's see.
Now -- and I mentioned before, but let me go into it a little bit
further. We're hoping that you can put the single-family in with
single-family and not have, you know, multifamily almost right next
door to single-family.
MR. ANDERSON: We've been very specific on here, you know,
to address those kinds of concerns.
COMMISSIONER FIALA: And I just wanted to put that on the
record again, Bruce, just -- I could see what you have here, and I see
that the multifamily starts on the other side of the FP&L easement,
and you have the single-family on one side, but I just wanted that on
the record anyway. You won't be interspersing them.
MR. ANDERSON: No.
COMMISSIONER FIALA: Okay. Let's see now. I already
asked you that. I'm sorry I'm taking -- let's see. Oh, what are the size
-- what are the floor -- square footage of the multifamily?
MR. ANDERSON: We are maintaining the same square footage
as is in the existing PUD. The minimum square footage is 750.
COMMISSIONER FIALA: Will it be going up from there
anyway?
MR. ANDERSON: It will depend on the market.
COMMISSIONER FIALA: So that's the minimum, and who
knows, you might even go to 1,200 or something?
MR. ANDERSON: Oh, sure, sure. That's a possibility. Lennar
is very attentive to the market.
COMMISSIONER FIALA: And they also have some criteria in
place for rentals, don't they, so that -- you know, they don't rent by the
week or the month or something, right?
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June 11, 2013
MR. ANDERSON: Let me read that so I am completely
accurate. They are restricted to rentals no more than four times per
year, and this is the same restriction that is currently in existence or
was in existence by the prior developer. They are limited to no more
than four times per year and a 30-day minimum rental period.
And one of the ways that they enforce that through the master
association is any time a guest comes in for a, you know, 30-day
rental or more, they have to pay a transfer fee in order to be able to use
the recreational facilities, so that's how they police that internal rental
restriction.
That's in the homeowner association documents.
COMMISSIONER FIALA: Okay. And they will be aware that
if they're renting them for less than six months, they also have to pay a
TDC rate, right?
MR. ANDERSON: I'm sure they will.
COMMISSIONER FIALA: I'm just throwing that in.
MR. ANDERSON: Yeah. They have constructive notice under
the law.
CHAIRWOMAN HILLER: Oh, boy.
COMMISSIONER FIALA: With amenities, one -- a couple of
the residents were concerned that with all of the extra housing going in
that the amenities would be stretched to their limit. But from what I
understand you're expanding some of them; is that true?
MR. ANDERSON: Yes. Let me show you one of the crown
jewels of this development called the Players Club. That is what it
will look like, and here it is under construction.
COMMISSIONER FIALA: Is that Dave that designed that?
MR. McMURRAY: Yes, ma'am.
MR. ANDERSON: Architect Dave Humphrey, yes, ma'am.
COMMISSIONER FIALA: Oh, gosh. That's looking good
already. When do you expect it to be completed, by the way?
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June 11, 2013
MR. ANDERSON: They anticipate and hope the fourth quarter
of this year for the end of the year.
COMMISSIONER FIALA: Okay. I believe that I've asked you
all the questions I need to.
Thank you, Commissioner Hiller.
CHAIRWOMAN HILLER: Anytime.
Any further discussion from the board?
COMMISSIONER NANCE: I make a motion to approve.
CHAIRWOMAN HILLER: I'll second it.
All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: (No verbal response.)
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Any opposed?
COMMISSIONER FIALA: I heard him back there.
CHAIRWOMAN HILLER: Where is Commissioner Coyle?
COMMISSIONER NANCE: He's out of sight but still voting.
CHAIRWOMAN HILLER: Motion carries 5-0.
MR. ANDERSON: Thank you very much.
CHAIRWOMAN HILLER: Thank you.
MR. SMITH: Thank you very much.
MR. McMURRAY: Thank you.
CHAIRWOMAN HILLER: The next item on the agenda is 10A.
Item #10A
RESOLUTION 2013-125: APPOINTMENT OF MEMBER TO THE
PUBLIC TRANSIT AD HOC ADVISORY COMMITTEE -
APPOINTING RICHARD DUGGAN (DISTRICT SCHOOL
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June 11, 2013
BOARD'S RECOMMENDATION) FOR A TERM EXPIRING 1-
YEAR FROM THE COMMITTEE'S INITIAL MEETING DATE —
ADOPTED
MR. OCHS: Yes, ma'am. It's appointment of a member to the
Public Transit Advisory Ad Hoc Committee from -- the school district
recommends appointment of Richard Duggan.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #10B
RESOLUTION 2013-126: APPOINTMENT OF TWO
COMMISSIONERS TO SERVE ON THE VALUE ADJUSTMENT
BOARD (VAB) - APPOINTING COMMISSIONER HENNING
AND COMMISSIONER NANCE WITH REMAINING
COMMISSIONERS TO SERVE AS ALTERNATES — ADOPTED
CHAIRWOMAN HILLER: The next is 10B, which is
appointment of two commissioners to serve on the Value Adjustment
Board.
Leo, I believe we spoke about this.
MR. OCHS: Yes, ma'am. And I spoke with Ms. Bartlett about
it, and maybe she could advise the board on what she needs out of this
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particular committee and the recommendations.
MS. BARTLETT: You guys are catching me off guard. Kristi
Bartlett, for the record.
This is something that's done every single year -- we did it last
June -- just appoint two commissioners to serve on the VAB, and the
remaining three will be alternates.
There's a meeting in July. It will be about 15, 20 minutes. They
can do with just one commissioner attending. But that's coordinated
through Trish Morgan in the Clerk of Court's office.
COMMISSIONER NANCE: Do you know the date, ma'am?
MS. BARTLETT: I believe it's July -- it's maybe the third week
of July, but I'm not sure of the exact date.
CHAIRWOMAN HILLER: It's hard to believe that a year has
already passed. It's been so much fun serving with Commissioner
Coyle.
MS. BARTLETT: I'm sure it has been.
CHAIRWOMAN HILLER: The meetings were so --
COMMISSIONER NANCE: Are there going to be additional
meetings in August, October, and March?
MS. BARTLETT: Yes.
COMMISSIONER NANCE: So there's one July, August,
October --
MS. BARTLETT: The one in July. The one in August, I think,
is the one that's actually in July. And there's one in October and one
in March. And each of the meetings are very short.
CHAIRWOMAN HILLER: They are.
COMMISSIONER FIALA: I can do the October and March, but
I can't do the July.
COMMISSIONER NANCE: That's the way I am.
COMMISSIONER COYLE: Nor can I.
COMMISSIONER HENNING: I can do the July as long as it's
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not mini season.
COMMISSIONER COYLE: It's not that I can't. I will not do the
July.
CHAIRWOMAN HILLER: As long as it's what?
COMMISSIONER COYLE: Nor will I do it in August.
CHAIRWOMAN HILLER: What is the date in July, Kristi?
MS. BARTLETT: I'm not sure. I'd have to ask Trish Morgan.
CHAIRWOMAN HILLER: We need to find that out.
COMMISSIONER HENNING: Why don't we continue it until
we find out?
CHAIRWOMAN HILLER: I think it needs to be continued.
And we need to find out if the date that they're proposing has to be
specific to that date statutorily, or if they have flexibility. Because
since our last meeting is July 9th, if they can accommodate it so that
it's, like, the day before or the day after.
MS. BARTLETT: Trish Morgan said that probably wasn't going
to be possible because you have to coordinate with the school board
and various other things that have to go out to the residents. So I don't
think --
CHAIRWOMAN HILLER: Well, we need to find out. That
notice hasn't been sent to any of us. So given -- I mean, if they have
to coordinate with the school board, I mean, they also have to
coordinate with us. So there's no difference. We're all in the same
boat. So if they can accommodate it so, you know, we're there as
well.
COMMISSIONER FIALA: The Value Adjust Board -- I mean,
the property appraiser.
CHAIRWOMAN HILLER: There's no difference. I mean, the
accommodation is across the board. So let's continue the item, as
Commissioner Henning recommends.
So I make a motion to continue this --
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June 11, 2013
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: -- to the next meeting. And if you
could research it, Kristi, and bring back the information, talk to them.
MS. BARTLETT: It's July 29th.
CHAIRWOMAN HILLER: It's July 29th.
MR. MILLER: Trish said they could reschedule -- excuse me.
Trish said that they could reschedule early into August, but it would
have to be fairly close.
CHAIRWOMAN HILLER: No. We're looking early into July.
MR. MILLER: I understand. The meeting is scheduled July
29th, as it is. And she said they could delay that or reschedule the
July 29th meeting.
MS. BARTLETT: But it can't be earlier.
CHAIRWOMAN HILLER: Did she say it couldn't be earlier?
MR. MILLER: She did not inquire (sic).
CHAIRWOMAN HILLER: Okay. So that's what we need to
determine. Commissioner Henning, would you look into that?
COMMISSIONER HENNING: Well, no. I can do July 29th.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER NANCE: I cannot do July 29th, but I'd be
more than happy to attend the October, March meetings after that.
CHAIRWOMAN HILLER: All right. Then I make a motion to
recommend that Commissioner Henning be the new chair of the Value
Adjustment Board with Commissioner Nance being the vice chair for
the next year.
COMMISSIONER FIALA: Second.
MR. KLATZKOW: No. You're not appointing chairs to the
Value Adjustment Board.
COMMISSIONER NANCE: Member.
MR. KLATZKOW: Members.
CHAIRWOMAN HILLER: Oh, just members. I thought it was
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June 11, 2013
chair and vice chair, because last time we appointed the positions as
chair and vice chair.
MR. KLATZKOW: The Value Adjustment Board appoints its
own members.
CHAIRWOMAN HILLER: We --
COMMISSIONER COYLE: We elected you.
CHAIRWOMAN HILLER: Did you?
COMMISSIONER COYLE: Yes.
CHAIRWOMAN HILLER: Was it? Okay.
COMMISSIONER NANCE: As long as it's understood that I
can't be there on July 29th, I will second it.
CHAIRWOMAN HILLER: So in that case, we will just -- then
I'll restate my motion to appoint Commissioner Henning and
Commissioner Nance to the Value Adjustment Board for the next
year.
COMMISSIONER FIALA: And I would adjust my second to
say that.
CHAIRWOMAN HILLER: Thank you.
All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Any opposed?
(No response.)
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. KLATZKOW: With the remaining commissioners as
alternates, correct?
CHAIRWOMAN HILLER: Yeah. If needed.
All in favor?
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June 11, 2013
COMMISSIONER HENNING: It's not mini season.
CHAIRWOMAN HILLER: All in favor?
(No response.)
CHAIRWOMAN HILLER: Any opposed?
(No response.)
CHAIRWOMAN HILLER: Motion carries unanimously.
COMMISSIONER HENNING: I got my Hawaiian sling
sharpened.
Item #10C
RESOLUTION 2013-127: APPOINTMENT OF MEMBER TO THE
IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY -
APPOINTING LOCAL RESIDENT ESTIL NULL (TERM
EXPIRING APRIL 4, 2014) — ADOPTED
CHAIRWOMAN HILLER: The next is Item IOC, which is
appointment of member to the Immokalee Enterprise Zone
Development Agency.
Mr. Sheffield, could you read the name of the --
COMMISSIONER NANCE: I make a motion to appoint Mr.
Estil Null.
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER: There being no discussion, all in
favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
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June 11, 2013
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #10D
RECONSIDERATION BY COMMISSIONER HENNING OF ITEM
#14B1 FROM THE MAY 28, 2013 BCC MEETING TITLED:
RECOMMENDATION THE BOARD OF COUNTY
COMMISSIONERS (BCC), ACTING IN ITS CAPACITY AS
COMMUNITY REDEVELOPMENT AGENCY (CRA), APPROVE
RELOCATION OF THE IMMOKALEE CRA OFFICE,
AUTHORIZE GIVING NOTICE TO THE CRA'S CURRENT
LANDLORD OF ITS INTENT NOT TO RENEW THE EXISTING
LEASE AGREEMENT, APPROVE ENTERING INTO A LEASE
AGREEMENT FOR OFFICE SPACE WITH THE SOUTHWEST
FLORIDA WORKFORCE DEVELOPMENT BOARD, INC., AND
AUTHORIZE THE CRA CHAIR TO SIGN THE LEASE
AGREEMENT WITH AN ANNUAL CRA RENT EXPENDITURE
NOT-TO-EXCEED $21,766.32. (750 S. FIFTH STREET,
IMMOKALEE) - MOTION TO APPROVE RECONSIDERATION
AND BRING BACK AT NEXT BCC MEETING — APPROVED
MR. OCHS: The next item on the agenda is 10D, which is a
request for reconsideration by Commissioner Henning of Item 14B 1
from the May 28, 2013, BCC meeting titled "Recommendation that
the Board of County Commissioners, acting in its capacity as the
Community Redevelopment Agency, approve the relocation of the
Immokalee CRA office, authorize giving notice to the CRA's current
landlord of its intent not to renew the existing lease agreement,
approve entering into a lease agreement for office space with
Southwest Florida Workforce Development Board, and authorize the
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June 11, 2013
CRA chair to sign the attached lease agreement with an annual CRA
rent expenditure not to exceed $21,766.32," and that address is 750
South Fifth Street, Immokalee.
I'd like to make a motion to approve the reconsideration and
suggest that this be brought back at the same meeting, Commissioner
Henning, where you're bringing back Item 14-5 (sic), I believe it was.
COMMISSIONER HENNING: Madam Chair, I think we can
dispose of this at our next meeting --
CHAIRWOMAN HILLER: Correct.
COMMISSIONER HENNING: -- quite frankly.
CHAIRWOMAN HILLER: Well, is that when you're bringing --
COMMISSIONER HENNING: No, I'm not bringing that back.
It can be reconsidered. I want to be respectful of the commissioner of
the district and his comments.
CHAIRWOMAN HILLER: Sure.
COMMISSIONER HENNING: And I want to be respectful of
the interim CRA director and the advisory board. So I'm going to
reach out to the advisory board and see if I can get some consensus.
CHAIRWOMAN HILLER: Okay. So then we will bring it back
at the next board meeting as an agenda, if the motion for --
COMMISSIONER HENNING: That's per -- yes, that's per our
ordinance also, that --
CHAIRWOMAN HILLER: Okay.
COMMISSIONER HENNING: -- reconsiderations must be put
on the following agenda. So I support -- I second your motion.
CHAIRWOMAN HILLER: Thank you.
There being no discussion, all in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
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June 11, 2013
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #10E
THE BOARD OF COUNTY COMMISSIONERS TO
PARTICIPATE IN FIRE CONSOLIDATION NEGOTIATIONS
WITH EAST NAPLES AND GOLDEN GATE FIRE CONTROL
AND RESCUE DISTRICTS TO DEVELOP APPROPRIATE AND
EFFECTIVE LINES OF COMMUNICATION AND
COOPERATION WITH EMS AND DETERMINE THE LEVEL OF
EMS INVOLVEMENT AFTER CONSOLIDATION AND BOARD
DESIGNATE A BCC REPRESENTATIVE TO PARTICIPATE ON
ITS BEHALF WITH THE COUNTY MANAGER AND
APPROPRIATE STAFF AND TO DIRECT THE COUNTY
MANAGER TO NEGOTIATE WITH EAST NAPLES AND
GOLDEN GATE FIRE DISTRICTS TO RELEASE FIRE PLAN
REVIEW AND INSPECTION RESPONSIBILITIES TO THE
GROWTH MANAGEMENT DIVISION - MOTION FOR
COMMISSIONER HENNING TO BE REPRESENTATIVE —
APPROVED; MOTION FOR COUNTY MANAGER TO WORK
WITH STAFF AND ALL FIRE DISTRICTS TO DEVELOP
INTERLOCAL AGREEMENTS — APPROVED
MR. OCHS: Item 10E is a recommendation for the Board of
County Commissioners to participate in fire consolidation negotiations
with East Naples and Golden Gate Fire Control and Rescue Districts
to develop appropriate and effective lines of communication in
cooperation with EMS and to determine the level of EMS involvement
after consolidation and for the board to designate a BCC
representative to participate on its behalf with the county manager and
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appropriate staff and to direct the county manager to negotiate with
East Naples and Golden Gate Fire Districts to release fire-plan review
and inspection responsibilities to the growth management division.
This item was brought forward by Commissioner Henning.
CHAIRWOMAN HILLER: Commissioner Henning, before you
begin, can I ask if you would not mind bifurcating 10E into two items
so that they can be voted on separately, because they're really two
separate issues. One is, the -- you know, a representative to
participate in the fire consolidation negotiations, and the second being
a BCC representative and county manager to negotiate the release of
fire-plan review and inspection responsibilities to growth
management.
COMMISSIONER HENNING: Yes, that's not a problem. Let
me start out with the first one.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER HENNING: That's East Naples and Golden
Gate Fire and Rescue.
The -- I've been in numerous communications with fire
commissioners from North Naples, East Naples, and Golden Gate, and
I believe that East Naples and Golden Gate is doing a very noble job
of trying to consolidate and provide a great service to the constituents.
And I would like for the Board of Commissioners, by
participating, to give it some recognition, because that's going to be on
the 2014 ballot.
This has really -- I don't want to get anybody confused. I don't
want you to think that the county is negotiating for that consolidated
district to take over EMS, okay. The fire service, they provide the
same and similar services the county does under EMS.
The leadership in East Naples and Golden Gate, on this particular
issue, through the leadership of the chief, is doing a great job.
Furthermore, North Naples is participating in discussions, and the
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June 11, 2013
two other boards have agreed to allow them to participate.
I think that's -- at the end of the day, by us getting involved,
again, it's going to give it some credibility, and I think maybe we can
come up with some response times and -- for medical calls and so on
and so forth. And I know that Golden Gate wants to, in the future,
enhance their service that they provide.
CHAIRWOMAN HILLER: Well, I've got two lights on;
Commissioner Nance and Commissioner Fiala would like to speak,
and we have public speakers. But I would like to recommend for the
board's participation that we have a representative for that as well, and
I personally would like to recommend you. Because of having been a
fire commissioner, you understand how these districts operate.
So I'd like to make a motion that we do participate through a
representative, that being you, but obviously you bring everything
back to us so, you know, we can, you know, participate in the
decision-making process to the extent we have any involvement,
which I'm not sure how much direct involvement we can have because
it's outside of our jurisdiction. But to be -- to have a seat at the table
does make a lot of sense. So I make a motion to recommend that you
be the person.
COMMISSIONER FIALA: I'll second it.
CHAIRWOMAN HILLER: Okay. Do we have speakers on that
portion, just on that portion of the discussion?
MR. MILLER: I'm not sure. You have one registered speaker.
That's Orly Stolts.
CHAIRWOMAN HILLER: Orly, would you like to speak now
on this issue? And then you can speak on the second half as well.
MR. STOLTS: Thank you, Commissioners. For the record, Orly
Stolts, fire chief of North Naples Fire District.
One of the things I wanted to do is just bring you up to speed on
where we are today.
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Approximately six weeks ago, maybe two weeks ago, I believe it
was Commissioner Henning that made the motion to approach -- send
a letter to the North Naples Fire Commission for us to see if we
couldn't get into the consolidation talks with East Naples and Golden
Gate.
That letter did come to us from the chair. We talked it --
discussed it at a fire commission meeting, and they voted unanimously
to move forward with that particular letter to the two fire districts that
were talking about consolidation.
Just recently -- and I'm not sure whether you've had an
opportunity to see the letter -- we --
CHAIRWOMAN HILLER: I forwarded it. It is on the agenda
today as Item 10F. And so, in effect, we're dealing with 10E and 10F
jointly. But I did forward the letter that you sent to the county with
respect to that, and it is in the agenda packet.
MR. STOLTS: And I believe it was either Friday or Monday I
forwarded you the -- yes, I forwarded all of you the response letter
from both districts back to our letter of our willingness to not interfere
with what they've got going on now but the ability to sit at the table
for the consolidation discussions.
The letters that we received back -- hopefully you've had an
opportunity to see those. But in one particular case Golden Gate said
that they felt that that would be something that they could entertain
with us having a liaison, I believe was the term that they used, sitting
in on the discussion.
The other letter from the East Naples Fire District basically said,
thanks, but no thanks. So I'm not sure -- Commissioner Henning, you
had stated that they both said that they'd be willing. That's not the
case, according to the letters that we have received, unless you got a
different letter from them stating something different than that. So --
COMMISSIONER HENNING: It was just oral correspondence.
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MR. STOLTS: Okay. Well, I have forwarded you the written
correspondence from both districts letters.
CHAIRWOMAN HILLER: We have Kingman here. Would you
mind? We'll stop your clock, but can we just get some clarification?
MR. OCHS: Madam Chair?
CHAIRWOMAN HILLER: Chief?
MR. OCHS: Forgive me. But it seems like we're mixing the
next item with --
CHAIRWOMAN HILLER: We are.
MR. OCHS: -- this item.
CHAIRWOMAN HILLER: But it's okay, because what I'm
going to do is dispose of that item by saying it's done.
MR. OCHS: Thank you.
CHAIRWOMAN HILLER: So no worries there.
MR. PAGE: Commissioner, for the record, Jeff Page. I'm the
chairman, and I sent the letter, so I'd probably be better to speak to it.
CHAIRWOMAN HILLER: Sorry. Thank you very much for
saying that.
MR. PAGE: We didn't really say thanks, but no thanks. We've
had North Naples' participation from the very beginning. What we did
say is that we did not want to jeopardize what we're moving forward
through.
So, Orly, I'm really surprised that you would say that.
Commissioner Burke's been involved from the very beginning.
MR. STOLTS: Well --
COMMISSIONER HENNING: Well, there we go. We heard it
from the chairman that we want you to participate, and it was a
misunderstanding. Thank you very much.
MR. PAGE: You're welcome to attend. They have been
attended. Commissioner McMahon has met with that group.
But what we did say is they were not interested in the tri-merger
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at this point. There's some legal issues that require us to put a plan
together. That plan's done. And so to try and bring them in right now,
we think it would not meet the deadline, and my board voted not to
pursue the tri-district. It's not to say we don't want to merge. We do.
CHAIRWOMAN HILLER: My understanding is, if I may, that
the issue, from what I've heard, is that there's a concern that if three
districts try to merge and if one district objects to the merger as
proposed, that it basically causes the referendum to fail, and then we
have to wait another two years.
So I think -- my understanding is is that the intent is to go
incrementally and not, under any circumstances, to transfer EMS prior
to a full consolidation. You know, I know that North had been
interested in that.
My understanding, from hearing from the board over the course
of the past few years, is that the board is only interested in transferring
to a fully consolidated fire district that's countywide as opposed to
transferring it to East or transferring it to North. Like, one district is
not going to be chosen over another for an EMS transfer, is my
understanding. Is that yours?
MR. PAGE: That's exactly correct. The attorney said not to do
three.
CHAIRWOMAN HILLER: But not only not to do three, but
also not to transfer EMS to either East Naples or to North Naples
outside of the county or to bifurcate EMS with respect to any
particular jurisdiction, by jurisdiction.
MR. PAGE: We're not asking for EMS, Commissioner.
CHAIRWOMAN HILLER: Right. No, and I'm just clarifying
that for the record, because that was an issue that I heard discussed,
and I want to make sure that that's clear that that isn't what the intent
is.
But here's the bottom line. I mean, the point is, you're at the start
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of negotiations, at the start of discussions, so who knows where this
will lead. But you've stated your opening position. You understand it.
They want you at the table; Commissioner Henning is right.
So, you know, with Commissioner Henning as the liaison for the
board, you should go talk and run the numbers. And the most
important thing is, you know, to improve the level of service and save
costs concurrently. And if you can do both those things, that's out of
this world.
If you can maintain level of service and cut costs substantially,
then it makes sense again. But what you don't want to see is merely a
shifting of costs and no improvement in service, because then you
haven't achieved anything.
MR. STOLTS: And I just want to clarify. Perhaps I used the
wrong term in "thanks, but no thanks," but our question in our letter to
them is, did you want a representative from North Naples being
involved in. Now, it's one thing to come to the meetings and sit there
and listen, but I think our opinion was to be involved and have a
representative in the consolidation talks representing the North Naples
Fire District.
MR. PAGE: Commissioner McGowan has been there when
Commissioner Gary and Commissioner Hemping have had those
meetings. Commissioner Burke, Commissioner Garrity, and I have
met numerous weeks before we'd even started, so --
MR. STOLTS: I understand that, but I don't think that was the
intent of our commission's position. It was more of an official role
sitting on that.
So, anyway, we have the letter from both departments on our
upcoming commission meeting this Thursday. I'm sure the board will
discuss that and clarify what they think it says.
CHAIRWOMAN HILLER: Commissioner Page, could you
clarify your district's position and eliminate the ambiguity that seems
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to be coming out of the first letter that was written so that they know
that they have a speaking position at the table?
MR. PAGE: Well, I actually told Commissioner McGowan in a
meeting that I had with him and Chuck McMahon that we want them
there. We do want them to observe the process. They clearly seem to
understand. I thought --
CHAIRWOMAN HILLER: Well, I don't think they want to
observe. I think they want to participate.
MR. PAGE: Well, again, they can participate in the discussion
of the two districts that we're currently merging, but we're not
interested in doing a tri-county merger at this time; just the two,
Golden Gate, East Naples at this point.
CHAIRWOMAN HILLER: Okay.
MR. STOLTS: And I think that clarifies my position.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes. I have the utmost confidence
in the group working on this project.
MR. PAGE: Thank you.
COMMISSIONER NANCE: I think you have a wonderful group
of professionals. I would be delighted to support Commissioner
Henning to be the board's representative to do it. I think he's got the
ability to be a great consensus builder.
I really hope that we don't continue this discussion today,
because I don't think this forum -- I think all of you have things that
you can work out together. I don't really think you need to be doing it
here today.
I really entrust you-all to get together. Chief, you're here. You
know, you've got great fire chiefs that have been elected with
tremendous skills. You have great fire chiefs; you have great boards.
I look forward to it, and I certainly support Commissioner Henning in
his role.
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June 11, 2013
CHAIRWOMAN HILLER: Commissioner Fiala.
COMMISSIONER FIALA: Yes, as I do; that's why I seconded
it.
CHAIRWOMAN HILLER: Great.
COMMISSIONER FIALA: I feel he'll do a good job.
I also was impressed that you had reached out to Commissioner
Henning, that everybody had. But I'm a little bit sad because I'm your
representative in East Naples, and you never reached out to me. I
didn't even know this was going on.
So it's kind of a shock to me that I'm learning that you've reached
out to others but not to me, your own person, and yet North Naples, I
have to say, they come in what, every month, come and see me, just
bring me up to date about what's going on. Kingman will come in if I
call him but, otherwise, I don't know what's going on.
CHAIRWOMAN HILLER: Let me make a recommendation on
that, because I think it's really important that the fire districts
communicate with the commissioners in each of their districts without
fail.
I think all the commissioners for each district should get a full
briefing from their fire district chief and chair jointly, both the board
and staff, not just staff, but the board and staff, and sit down with the
commissioners of that district and say, okay, this is your district, this
is what we're doing with fire, this is our position in consolidation so
what happened to Commissioner Fiala doesn't happen again.
COMMISSIONER FIALA: Thank you.
CHAIRWOMAN HILLER: And there is no sense that there's
anything going on, you know --
COMMISSIONER FIALA: I did have a call from the union.
They said, do you have any questions? Well, I didn't know there were
any questions to ask. I didn't realize something was going on. So I
said, no, no, everything's fine.
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CHAIRWOMAN HILLER: So if we could modify the motion. I
mean -- and this is really hard to put into a motion, because this is
really us requesting the chiefs and the chairs to communicate with us,
and --
MR. PAGE: Commissioner, can I please respond to that?
CHAIRWOMAN HILLER: Sure.
MR. PAGE: I did not reach out to Commissioner Henning. He
contacted me.
COMMISSIONER HENNING: Correct.
MR. PAGE: Now, I am on your agenda -- or I'm on your
schedule for Monday the 24th, and that's the soonest I could meet with
you. But I was coming to see you. I'm not trying to keep you in the
dark.
COMMISSIONER FIALA: Thank you.
MR. PAGE: And I know that Kingman met with you, and I
thought he had a pretty regular schedule with you. But I certainly
wanted to go over it with you. I didn't want you to be blindsided.
COMMISSIONER FIALA: Well, thank you. I appreciate that,
yeah. I would just like to know about things before I go into a
meeting.
MR. PAGE: Very rapidly did this -- it just happened, so --
COMMISSIONER FIALA: Thank you.
MR. STOLTS: And, Madam Chair, I'll be more than happen to
meet with the three county commissioners that represent the North
Naples Fire Control and Rescue District.
CHAIRWOMAN HILLER: Please. I think it's important, and
please ask your chair if they would do the same. And with
Commissioner Coyle, I'm hoping, you know, the city will reach out to
him. I know their relationship is close.
And Commissioner Nance, you know --
MR. STOLTS: Commissioner Coyle also represents --
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COMMISSIONER NANCE: Yes, I just wanted to say one more
thing before we leave this discussion.
Simply because the other independent fire districts that are not
involved in this greater discussion -- I mean, you're to the point now
where you're having a discussion, you're mentioning three, but we also
have Big Corkscrew Island, and we also have Immokalee.
So without pushing anything forward, I just wanted to say one
thing that, ultimately, my concern is our goal is to have a unified
first-response effort. And the easternmost part of the county and the
greater part of my district is the part that's the most difficult simply
because of distance and the vast area that it covers.
So having response times out there and getting the service that
needs to be provided to the people there is the most challenging;
likewise, because of the tremendous difference in demographics out
there, the financing of service in those areas is, likewise, the most
challenging.
So I just wanted to let everybody know that that's going to be on
my mind, and I hope in the larger scope -- not to jump over anything,
but in the larger scope, that people give serious consideration as to
how, when we reach our ultimate goal, we're going to try to deal with
those greatest challenges, which is the size of our county and the
distance we have to traverse.
So thank you very much. I fully support what you're working on.
COMMISSIONER FIALA: And we can include Ochopee in
that.
COMMISSIONER NANCE: Absolutely.
CHAIRWOMAN HILLER: Right, exactly. And nothing would
be worse than to see, for example, a merger between, you know, North
Naples, East Naples, and Golden Gate, and your districts left out in the
cold.
COMMISSIONER NANCE: It would be Chapter 11 and
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disaster, you know.
CHAIRWOMAN HILLER: It would be absolutely terrible. So
just, as these discussions begin, please keep that in mind and, you
know, consider incorporating the other fire districts appropriately so,
you know, the service isn't compromised at the end of the day. Thank
you.
So with that, we have a motion and a second on the table to
appoint Commissioner Henning as the representative to negotiate -- or
to work with the negotiating fire districts which include Golden Gate
Estates, East Naples, and North Naples.
Does that include the annexation discussion as well,
Commissioner Henning?
COMMISSIONER HENNING: No, we already directed staff to
CHAIRWOMAN HILLER: To work on that.
COMMISSIONER HENNING: -- work on that.
CHAIRWOMAN HILLER: So staff is working on that
annexation discussion independently, and that won't be part of this
merger discussion?
MR. OCHS: Correct.
COMMISSIONER HENNING: Correct.
CHAIRWOMAN HILLER: Thank you.
So we have a motion and a second.
All in favor?
COMMISSIONER COYLE: (No verbal response.)
COMMISSIONER FIALA: (No verbal response.)
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
The next part of 10E, Commissioner Henning, involves the
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potential transfer of fire-plan review and inspection responsibilities to
growth management by East Naples and the Golden Gate Fire
Districts.
COMMISSIONER HENNING: Yeah. I'd like to hear from
Chief Schuldt on that -- Orly Stolts. And by the way, have you met
Kingman Schuldt?
CHAIRWOMAN HILLER: I have.
COMMISSIONER HENNING: Isn't he great?
CHAIRWOMAN HILLER: He is. I had the pleasure of meeting
him a number of times in my office, and it was a pleasure working
with him. In fact, he came to me on many different subjects, but the
one that really got us involved was the discussion of the annexation.
So yeah, absolutely.
COMMISSIONER FIALA: Annexation?
CHAIRWOMAN HILLER: The annexation of Fiddler's Creek
into East Naples, the one that Leo is working on with the advisory
board and with their staffs.
Yes, sir?
MR. STOLTS: Okay. Commissioners, for the second half of
10E -- again, Fire Chief Orly Stolts, not to be confused with Kingman
Schuldt from the East Naples Fire District.
The second part of it -- of this particular line item was talking
about plan review. We just want to make sure that the North Naples
Fire District is taken into consideration if there's going to be coming to
the table, if you will, talking about plans review.
For the last 10, 15 years in this county the North Naples Fire
Control and District (sic) has experienced over 50 percent of the total
plans review and -- plans reviews and inspections that were done in all
of Collier County, so we have a vested interest in this.
We are, if you will, the majority of the county -- the construction
has been going on in our county (sic). So if we're going to sit down at
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the table and discuss this or negotiate this in any way, we would ask
that you would keep North Naples Fire District in mind to be able to
sit in on those discussions.
And then somewhere along here, we've left out the -- a portion of
EMS involvement after consolidation. That's something that is very
near and dear to our heart. You know that we are -- there's only two
ALS providers in Collier County. Collier County EMS is the ALS
transport provider, and we are the ALS nontransport provider.
As a matter of fact, as North Naples Fire District ALS provider,
we are the largest ALS nontransport provider in the State of Florida.
So we feel also that we have a place at the table if you want to talk
about the future of EMS here in Collier County.
I thank you very much for your time.
CHAIRWOMAN HILLER: Commissioner Fiala, would you like
to comment?
COMMISSIONER FIALA: Yes.
CHAIRWOMAN HILLER: Could you stay up there.
COMMISSIONER FIALA: Yes, both of them. First of all, I like
everything you've said. The second thing is, with the ALS, I'm hoping
that that ALS privilege is expanded to others as well. It's kind of hard
for you to shoulder all of them yourself, but you do a great job. I feel
that some of the others would probably like to participate in that, and I
hope it's moving forward.
But my third thing is, I would love to check, but I haven't been
able to now, as to how things have gone for you with your -- with your
inspection reviews for businesses there. I must say that our -- the stuff
in East Naples has been rather cumbersome, and if there's a way to
show that yours has been a smoother process, well, I would like to
know that, because if we can do better for the businesses -- we're
trying to encourage businesses to grow; we're trying to attract them to
this area. And if you have a better process and can -- and it can be an
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advantage to new businesses wanting to come our way, then I'm all for
it, but I would just need to know that that's the case.
Thank you.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes. I will tell you in my opinion,
after talking to constituents, my limited service on your behalf, I
believe that consolidation of fire-plan review and inspection and
permitting in Collier County is probably, second only to first response
consolidation, an important thing for our community.
I will tell you, I don't think it's any secret, if you talk to the
business community, having it remain the way it is is not efficient. It's
a nightmare. It's resulted in literally millions of dollars of duplicate --
duplication of effort, and time delays in getting businesses open, of
buildings built, improvements made.
So I fully -- I fully endorse a consideration. I'm very, very happy
that it's bifurcated. I think it's a separate but very important issue, and
I look forward to everybody working together on getting these two
things under one roof and working smoothly in a coordinated fashion
for everybody's benefit.
COMMISSIONER FIALA: I meant to say Growth Management
Division handling that. I'm so sorry. I'm giving it all to North Naples.
I didn't really mean that.
COMMISSIONER HENNING: Madam Chair?
CHAIRWOMAN HILLER: County Attorney? Can I just ask a
quick question, County Attorney?
COMMISSIONER HENNING: Sure, I'd just like to talk on my
item when you get a chance.
CHAIRWOMAN HILLER: Yeah, go ahead.
COMMISSIONER HENNING: The reason I brought this
forward, North Naples Fire Department, the fire commissioners
directed staff to look at bringing their permitting reviews in-house.
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That's my understanding that's still going forward.
CHAIRWOMAN HILLER: Oh, I don't know.
COMMISSIONER HENNING: Now, to -- I would -- I would
like to have something in writing with the North Naples Fire
Department if that has changed, because I just talked to
commissioners from North Naples as of Friday; that hasn't changed.
CHAIRWOMAN HILLER: Which commissioners?
COMMISSIONER HENNING: Commissioner McGowan,
Commissioner Burke, Commissioner Feder.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER HENNING: So -- and I think that's
important. If that happens, that leaves the other fire districts not with
anybody to do the review.
COMMISSIONER FIALA: But you had a great idea to put them
under growth management. I think that should definitely happen.
COMMISSIONER HENNING: Well, we can't do that. All we
can do is, you know, talk, negotiate, and hopefully there's cooperation.
The direction would be, to the county managers, to have his staff
communicate with the independent fire districts to offer fire-plan
review and inspections.
And that's -- now, there's a lot of issues with that. They're fire
inspectors, some of them are firefighters. They make a different
salary than our inspectors. So that's something that is going to have to
be discussed with staff at, you know, both levels.
CHAIRWOMAN HILLER: If I may. County Attorney, can we
legally bring fire inspection and review in-house in light of the fact
that the liability rests with the fire chiefs, or at least that's my
understanding is that, ultimately --
MR. KLATZKOW: Well, you can. For an interlocal agreement
with the fire districts, you know, set up an in-house review of it.
CHAIRWOMAN HILLER: But can they -- can they --
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June 11, 2013
MR. KLATZKOW: Which is what I think Commissioner
Henning was getting at.
CHAIRWOMAN HILLER: Can the chiefs -- and, again, this is a
legal question, I think, more for the chiefs to answer, but I think we
need to answer it as well. Do they have the ability to delegate that
authority to someone outside of them to do that review?
MR. KLATZKOW: Again, I believe by interlocal agreement we
can work this out if this is what everybody wants to do.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER HENNING: Madam Chair?
CHAIRWOMAN HILLER: Yeah.
COMMISSIONER HENNING: It does need oversight of the fire
district.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER HENNING: And I'm fully aware of that, and
so is our staff, and I think it could happen.
CHAIRWOMAN HILLER: Okay. I mean, I -- I think it's
definitely worthy of exploration, and it's certainly a very good
question to bring up.
So I'd like to make a motion to direct the county manager to have
staff work with the various fire districts, both the commissioners and
staff, to see if it would be possible to establish interlocal agreements to
allow for consolidation of fire-plan review and inspection
responsibilities to be under growth -- under the growth management
division, and maybe the county attorney would like to participate in
assisting staff to make sure that, you know, we're looking at
everything from a correct legal perspective.
COMMISSIONER NANCE: If that's any and all districts, I will
certainly second that.
CHAIRWOMAN HILLER: It is all districts.
COMMISSIONER NANCE: I second it.
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CHAIRWOMAN HILLER: There -- Commissioner Henning,
any discussion on that?
COMMISSIONER HENNING: No, ma'am.
CHAIRWOMAN HILLER: Thank you for bringing that
forward.
All in favor?
COMMISSIONER COYLE: (No verbal response.)
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #10F
DISCUSSION OF CORRESPONDENCE BETWEEN NORTH
NAPLES FIRE CONTROL AND RESCUE DISTRICT, EAST
NAPLES FIRE CONTROL AND RESCUE DISTRICT AND
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
REGARDING POTENTIAL MERGER OPPORTUNITIES -
DISCUSSED DURING ITEM #10E AND NO ACTION NEEDED
MR. OCHS: Madam Chair, that takes us to the add-on item, 10F.
You were going to dispose of that, perhaps.
CHAIRWOMAN HILLER: Yes. It has been disposed of. The
letter that is in 10F was addressed in 10E and was discussed in 10E
both by North Naples and by the board, so I think that the matter is
settled. No action required.
Item #13A1 — (Consent Agenda Item #16E4)
RECONSIDERATION OF ITEM #16E4 ON YOUR AGENDA
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June 11, 2013
PREVIOUSLY APPROVED IN THE CONSENT AGENDA FOR
DISCUSSION — APPROVED; MOTION TO CONTINUE ITEM TO
THE JUNE 25, 2013 — APPROVED
MR. OCHS: Madam Chair and Commissioners, before I move
on to Item 11 under county manager's report, as you can see the clerk
has joined us and has just advised me of an issue we have with our
external auditing contract. He can fill you in on a few of the details.
But in brief discussion with the clerk, after you hear from him, I
will be asking the board for a reconsideration of Item 16E4 on your
agenda. There was an item approved as part of your routine
ratification of staff-approved change orders that related to a previous
board-approved and directed change order for the external auditor.
The clerk would like, and I would agree with him, to have that
item brought back up for reconsideration, if possible, by a vote of the
board after you hear from the clerk.
CHAIRWOMAN HILLER: Okay. Go ahead.
COMMISSIONER HENNING: Madam Chair, I'm going to
make a motion to reconsider 16E4 for discussion.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously. Go
ahead.
MR. BROCK: Commissioners, the external auditing contract
with Ernst & Young expires June 30th of this month. Today we were
advised that they would not be able to renew the contract which
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presently exists under the terms and conditions of the renewal
provision which is at the CPI, consumer price index, increase. As I
suspect most of you are aware, there is an entire statutory scheme that
one must go through for hiring an external contract which involves all
the constitutional officers becoming a committee and making a
recommendation to the board.
We have found this out at the last minute. In two weeks they're
supposed to be here for interim. We have been, shall I say politely,
blind-sided. We have no idea what's going on. They -- the contract
currently is somewhere around mid 600,000. They're telling us that
they won't be able to do it for less than mid 8- to 900,000.
We just found this out this morning. My concern at this point is
the item on the agenda, which was nothing more than a change order
on the current contract; I don't know when that ends. While we agree
that's a good thing and works toward trying to solve some of our
problems in the county, it creates all sorts of problems, and we simply
would ask that item be reconsidered and continued to the 25th for us
to try to address the issues with E&Y as to what is going on and how
can we resolve it and bring it back to the committee.
If, in fact, under the terms of the existing contract what they're
asking for is not provided for in its current contract, then we've got to
go back through the entire advertisement process, the committee
meeting process, and the recommendation process. And we didn't find
this out until today.
I might add that my staff tells me that they have been involved in
meeting with E&Y's staff in conferences and all sorts of other stuff.
No one said anything until we're sitting here at the last minute pushing
them to try to get the information necessary to bring the extension
provisions to the board.
CHAIRWOMAN HILLER: Okay.
MR. BROCK: You have already approved that process.
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June 11, 2013
CHAIRWOMAN HILLER: I will go ahead and make a motion
that we deny the proposed amendment to the contract and continue the
agenda item to the next board meeting.
MR. BROCK: I would not ask you to deny.
CHAIRWOMAN HILLER: Okay.
MR. BROCK: I would simply ask you to continue that provision
and have it heard on the 25th at the same time.
CHAIRWOMAN HILLER: The only problem is is that we
approved it, so we have to basically deny it and bring it back.
MR. BROCK: I'll defer to your counsel.
COMMISSIONER COYLE: We reconsider it.
CHAIRWOMAN HILLER: No. We are reconsidering it now.
We just had a motion for reconsideration so we could discuss the item.
We have to reverse our vote because right now we have a vote of
approval that stands.
MR. KLATZKOW: No, you've -- well --
CHAIRWOMAN HILLER: We voted on consent to approve it.
MR. KLATZKOW: Right. Now you've brought it back, you're
reconsidering it, and now rather than approve it, you're saying we're
going to bring it back at the next meeting.
CHAIRWOMAN HILLER: But we have to reverse our vote.
MR. KLATZKOW: You may not have to.
CHAIRWOMAN HILLER: You voted in favor of it.
COMMISSIONER NANCE: We just reconsidered it.
MR. KLATZKOW: You're just reconsidering, and now you're
continuing it.
COMMISSIONER NANCE: Now we're back to zero.
MR. KLATZKOW: You're back at zero. You're good.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER HENNING: Madam Chair, I make a motion
that we continue this to the June 25th --
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June 11, 2013
CHAIRWOMAN HILLER: Thank you.
MR. OCHS: Madam Chair? I'm sorry, Commissioner.
COMMISSIONER HENNING: -- and that is Packet Page 1588,
and that is the change order for Ernst & Young, LLP.
MR. OCHS: Thank you, sir.
COMMISSIONER FIALA: I seconded it.
CHAIRWOMAN HILLER: Thank you.
All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. OCHS: Madam Chair?
MR. BROCK: Thank you very much.
MR. OCHS: Again, just as a point of clarification, this work
order was unrelated to the external audit.
CHAIRWOMAN HILLER: Right, right.
MR. OCHS: But we certainly don't want to reward bad behavior
CHAIRWOMAN HILLER: Right.
MR. OCHS: -- with additional contract work until we can try to
get this item worked out.
CHAIRWOMAN HILLER: And jacking up the price 30 percent
is bad behavior.
MR. OCHS: For sure.
CHAIRWOMAN HILLER: It's totally socially unacceptable.
MR. BROCK: Thank you.
Thanks, Leo.
CHAIRWOMAN HILLER: No, I understand.
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Item #11A
CATEGORY "A" TOURIST DEVELOPMENT COUNCIL GRANT
APPLICATIONS FROM THE CITY OF NAPLES, THE CITY OF
MARCO ISLAND AND COLLIER COUNTY FOR FY-2013/2014
IN THE AMOUNT OF $16,798,593 AND AUTHORIZE THE
CHAIRWOMAN TO SIGN GRANT AGREEMENTS
FOLLOWING COUNTY ATTORNEY'S APPROVAL, AND
MAKE A FINDING THAT THESE EXPENDITURES WILL
PROMOTE TOURISM - MOTION TO APPROVE
W/AMENDMENT REGARDING CLAM BAY AND CLAM PASS
AND THE PROJECTS PROMOTE TOURISM — APPROVED
MR. OCHS: Madam Chair, now that brings us to Item 11 on
your agenda, county manager's report, 11A is a recommendation to
approve Category A Tourist Development Council grant applications
from the City of Naples, the City of Marco Island, and Collier County
for FY2013/2014 in the amount of $16,798,533 -- excuse me -- $593
and authorize the chairwoman to sign grant agreements following
county attorney's approval, and make a finding that these expenditures
will promote tourism.
And Mr. Bill Lorenz, your national resources director, will
present.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER COYLE: Second.
CHAIRWOMAN HILLER: Wait one second.
Mr. Lorenz, there was only one question that I had that I
transmitted through the county attorney, and that is, I'd like the
breakdown since, obviously, we're approving grant agreements for
specific amounts.
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I'd like the breakdown of the amounts for the beach
renourishment as between Marco, Naples -- one second -- no, no,
between Marco, Naples, and unincorporated Collier County, that
breakdown.
MR. LORENZ: Marco, Naples?
CHAIRWOMAN HILLER: Yeah, the city of -- how much the
City of Marco beaches is getting, how much the City of Naples is
getting, and how much unincorporated Collier is getting of the beach
renourishment monies.
MR. LORENZ: Well, of course, this project just deals with the
Collier County beaches, not Marco Island.
MR. OCHS: Yes, ma'am. We don't renourish Marco Island
beaches.
CHAIRWOMAN HILLER: I'm sorry. Not Marco. I meant the
Collier --
MR. OCHS: You're talking about the three segments along the
coast.
CHAIRWOMAN HILLER: Yeah. Sorry, you're right. I'm
thinking -- you know what I mean.
MR. OCHS: Yes, sir. The Vanderbilt, Parkshore, and City of
Naples sections.
CHAIRWOMAN HILLER: Right, yep, got it. Thank you.
That's what I meant. My mistake, my bad.
MR. LORENZ: Okay. Well, I just -- I did take a look -- Nick
had indicated to break that down a little bit. And, of course, this is just
very --
CHAIRWOMAN HILLER: Right, I understand.
MR. LORENZ: -- very rough and proportional.
CHAIRWOMAN HILLER: Right, right.
MR. LORENZ: But if we look simply at the total volume of
sand that was placed and use that as -- to create a proportionate share
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June 11, 2013
CHAIRWOMAN HILLER: Right.
MR. LORENZ: -- and including that into the cost of
mobilization as well, the $15 million --
CHAIRWOMAN HILLER: And you're basically doing a
proportionate allocation of the mobilization cost also based on the
volume.
MR. LORENZ: That's correct.
CHAIRWOMAN HILLER: That makes sense.
MR. LORENZ: Vanderbilt would be 2.4 million, Parkshore
would be 5.3 million, and Naples would be 7.3 million.
So if we just take, again, the proportionate of those total volumes
to the total sand volume. Now, that does not include the Pelican Bay
portion, since they would be --
CHAIRWOMAN HILLER: Right, which is small, right, which
they're paying their own --
MR. LORENZ: Well, they would be also paying their own as
well.
CHAIRWOMAN HILLER: Right. And then the only other
question. A constituent had raised concerns -- and I don't believe
there's a concern speaking to the county manager, but I just want to
clarify. There was, I believe -- I think the discussion was either in the
pass monitoring and in the turtle monitoring components. Clam Bay
-- Clam Bay is not going to be monitored or any way worked on by
Coastal Zone Management because that's under the Pelican Bay
Services Division.
So the issue there is, you know, there should be an allocation of
TDC funds with respect to past monitoring and, you know, any turtle
monitoring with respect to Clam Bay to the PBSD.
MR. OCHS: Yeah. Bill?
We're working -- Mr. Isackson and Mr. Dorrill and I are working
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out that funding arrangement right now as part of the representation
for your FY2014 budget reviews, which you'll have on the 20th and
21st here, so -- and we'll make any adjustments that are required to
move the appropriate costs for work related to Clam Pass into the
Pelican Bay Services Division.
CHAIRWOMAN HILLER: So, just to clarify, the grant as we're
approving it right now, the allocation to Coastal Zone Management is
incorrect and has to be modified for an allocation of funding over to
PBSD for the services they're providing?
MR. OCHS: No. The amount is correct. How we allocate it
between funds is what I'm talking about.
CHAIRWOMAN HILLER: Right.
MR. OCHS: And make sure that we make a transfer out of this
fund into the Pelican Bay Services Division fund in an amount that's
appropriate to cover that staff cost for that monitoring of the Clam
Pass.
CHAIRWOMAN HILLER: And to clarify what's incorrectly
stated in the backup, Coastal Zone Management does not have any
jurisdiction over any of the Clam Bay/Clam Pass monitoring or turtle
monitoring with respect to that, because that's clearly exclusively in
the jurisdiction of the Pelican Bay Services Division, as was ruled on
by the board.
MR. OCHS: Commissioner, the only possible exception is your
turtle monitoring program is run by --
CHAIRWOMAN HILLER: The county.
MR. OCHS: -- your parks and recreation through Ms. Krause
and that staff. I think they have served the entire coastline, including
CHAIRWOMAN HILLER: Okay.
MR. OCHS: -- Clam Pass area and --
CHAIRWOMAN HILLER: That's fine. If we carve out the
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turtle monitoring, I don't have a problem with that, but then just the
oversight of the -- you know, the pass monitoring, dredging --
MR. OCHS: Right, we'll work that --
CHAIRWOMAN HILLER: -- you know, any sort of
maintenance. So as it's currently proposed, it's incorrect.
So my motion would be to approve this subject to the allocation
of funding for Clam Bay and Clam Pass management, et cetera, being
shifted from Coastal Zone Management to PBSD. And what meeting
would that be done in?
MR. OCHS: Ma'am, we'll be able to point that out to you in your
budget review on the 20th of this month.
CHAIRWOMAN HILLER: Okay.
MR. OCHS: And we'll point it out where those funds are moved
into the appropriate --
CHAIRWOMAN HILLER: And we need a budget. Will we
need a grant amendment, or how will that work? Because we're
allocating -- I know it's actually coming to the county.
MR. OCHS: That's why you don't need an amendment.
CHAIRWOMAN HILLER: So it's an internal transfer?
MR. OCHS: Yes, ma'am. It's just one division to another.
COMMISSIONER FIALA: So my motion to approve is okay
as-is then?
CHAIRWOMAN HILLER: Well, with the amendment.
MR. OCHS: With the amendment that was just stated by the
chairwoman.
COMMISSIONER FIALA: Okay. So I'll adjust my motion.
MR. OCHS: Thank you.
CHAIRWOMAN HILLER: Okay. Thank you. And do we have
a second?
COMMISSIONER HENNING: No. There -- there is a second.
Didn't you second it?
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June 11, 2013
CHAIRWOMAN HILLER: I don't remember.
COMMISSIONER HENNING: I think you did.
MR. MILLER: Commissioner Coyle.
COMMISSIONER HENNING: Commissioner Coyle.
I have a question, though.
CHAIRWOMAN HILLER: Yes, go ahead.
COMMISSIONER HENNING: Does that motion include that it
promotes tourism?
CHAIRWOMAN HILLER: Not yet.
COMMISSIONER FIALA: No, I didn't say that. Is that what I
need to say there?
CHAIRWOMAN HILLER: Yes, yes, you do.
COMMISSIONER FIALA: And please add that. Thank you.
COMMISSIONER HENNING: May I expound on that?
COMMISSIONER FIALA: Sure.
COMMISSIONER HENNING: And I don't mean to be difficult.
I just find it hard to understand sea turtle monitoring, some of these
other things, how that promotes tourism.
CHAIRWOMAN HILLER: Would you like to specifically
address which items you feel don't promote tourism and allow staff to
respond to that?
COMMISSIONER HENNING: Well, what I think we -- that's
going to be hard to do. What I think that the direction needs to be to
the county manager and his staff is to develop criteria of what
promotes tourism.
And it sure would help me out in the future, because I want to
support what staff brings, but I also want to do it the legal way.
CHAIRWOMAN HILLER: I think your recommendation is a
good one. Could the county attorney, working with the county
manager, develop criteria for what defines a promotion of tourism and
bring that back at, say, the meeting in July, July 9th?
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June 11, 2013
COMMISSIONER HENNING: Oh, I don't care when it comes
back. I mean, we're not going to be doing any of this anytime in the
near future, are we?
CHAIRWOMAN HILLER: Well, the only reason I like to set
the deadline is so we don't forget and it gets lost down the road, just so
we have closure on the issue. Because it's something that keeps
coming up year after year.
COMMISSIONER HENNING: Yeah, I keep on doing that.
CHAIRWOMAN HILLER: We forgive you.
COMMISSIONER HENNING: I think the Tourist Development
Council needs to weigh in on it also.
CHAIRWOMAN HILLER: Of course.
COMMISSIONER NANCE: I think they do. I think they need
to be driving the decision.
CHAIRWOMAN HILLER: So would -- is July 9th too soon? I
mean, the TDC, I believe, has a meeting between now and then.
MR. OCHS: Let me check when the TDC meets again.
CHAIRWOMAN HILLER: Otherwise, the first meeting in
September.
MR. OCHS: Yes.
CHAIRWOMAN HILLER: As long as it doesn't interfere with
budget, or maybe you can make some recommendation at the next
meeting for some bring-back date on that.
MR. OCHS: Okay. That would be great.
COMMISSIONER FIALA: May I ask a question? When it says
with regard to tourism, I've always considered anything that we do to
enhance our beaches to promote tourism just because I think the
visitors come here for our beaches.
Now, say, for instance, we find beach tilling doesn't enhance
tourism, then where do we get the dollars to do that? Do we take that
out of General Fund, then, if we don't have tourism to do that, and
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then who dukes it out to decide how much of it goes -- promotes
tourism and how much of it comes out of the taxpayer dollars? I think
we have to think about that, too. Because if it doesn't come from one
pot, it's going to have to come from another.
COMMISSIONER HENNING: Well, I totally agree with that.
And the turtle monitoring may have something to do with the permits
MR. OCHS: Yes, it is.
COMMISSIONER HENNING: -- which are necessary to
renourish the beach which, if we didn't have a beach, we wouldn't be
promoting it through Jack Wert; all those type of things. But I just --
if we just have some kind of a policy through a resolution, I think it
would be more efficient.
CHAIRWOMAN HILLER: And there are certainly things we
have to do by direction of the state. Like, you know, renourishing our
beaches is one of the things we must do. And it is considered one of
our most significant assets to promote tourism as recognized by the
state. So, you know, that's a driver as well. But there are -- you
know, there are other ways to get this done as well.
COMMISSIONER FIALA: Call the question?
CHAIRWOMAN HILLER: Yep.
All in favor?
MR. MILLER: Madam Chair, I do have one registered public
speaker for this item. Bob Krasowski.
MR. KRASOWSKI: Good afternoon, Commissioners. For the
record, Bob Krasowski.
I have two questions that represent a little operative thinking.
First, after reviewing all of the stuff -- let me just say that,
Commissioner Henning, you're totally right, without turtle monitoring,
it is a requirement of the permits, up and down the line, state, federal,
all of that stuff. And that's the only way you can get to do certain
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things.
But my question would be, why don't we take the $200,000 in
this budget item for the pier out of parks and recs' $8 million that's
sitting there? I understand there's 8 million bucks in parks and rec.
The pier, the refurbishment or the maintenance of the pier, well,
maybe that takes out of tax money where you want to use tourist
development money. So I don't know, you know.
CHAIRWOMAN HILLER: Is there 8 million in parks and rec?
I think that's different. I think that's beach-park facilities, and I think
the pier is a beach-park facility.
MR. OCHS: Madam Chair, you're correct, that reserve in your
beach-park facilities category. And your ordinance spells out specific
categories that Naples Pier is a separate category --
CHAIRWOMAN HILLER: Right.
MR. OCHS: -- so that's a separate funding allocation per your
ordinance. So you can't just change it on the fly.
CHAIRWOMAN HILLER: Yep. Now -- but let me ask this
question about the pier. I thought to be funded -- I thought the pier
had to be a non-fishing pier to be funded out of TDC funds out of that
category.
MR. OCHS: It's been funded out of Category D per your
ordinance --
CHAIRWOMAN HILLER: I know, forever.
MR. OCHS: -- since the beginning of the ordinance.
CHAIRWOMAN HILLER: I totally know that, but I thought it
had to be a non-fishing pier in order to be funded. Can we look at the
statute and make sure of that, because for some reason I thought -- it
had -- I could be mistaken, but in --
MR. KLATZKOW: We will look into that, ma'am.
CHAIRWOMAN HILLER: The recesses of my mind somehow
draw that up. But it is -- it is appropriately funded as a -- you know,
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as -- it could be provided that fishing issue.
MR. KLATZKOW: Fishing piers are okay.
CHAIRWOMAN HILLER: Fishing is. Okay, good. So we're
good on that, awesome.
MR. KRASOWSKI: Okay. So -- and your preference -- I would
assume it would be your preference to work it the way you want. If
you want it to come out of TDC monies, it's visitor money and stuff.
CHAIRWOMAN HILLER: I mean, that is a huge tourist
attraction. I can't think that there's anything --
MR. KRASOWSKI: And it's a park facility.
CHAIRWOMAN HILLER: Absolutely. I can't think of
something -- a project more justified of TDC funding.
MR. KRASOWSKI: Excellent, okay.
And the other item I have, which has been kind of bothering me a
little bit, is identification, specifically, of the beach renourishment
costing $15 million, when I thought we should have given it a range.
You don't know what your bids are going to do. But also there's the
aspect of plus or minus 15 percent sand.
CHAIRWOMAN HILLER: Can I built on that? And please stop
his time. I don't want him to lose time.
But I think the point you're making is a really good one. So the
grant should be up to 15 million, not 15 million, because if the bids
come in lower, that money should be returned back to reserves, you
know, to protect against some future event.
MR. KRASOWSKI: Exactly.
CHAIRWOMAN HILLER: So very good point.
MR. KRASOWSKI: Yes. And --
CHAIRWOMAN HILLER: So the grant agreement should be
rewritten to state "up to."
MR. KRASOWSKI: And the bid document maybe amended as
well -- or what's that word? It's not amended. It's something else, but
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CHAIRWOMAN HILLER: Whatever it is.
MR. KRASOWSKI: Yeah.
COMMISSIONER FIALA: Modified.
MR. KRASOWSKI: And then, you know, with the 15 plus or
minus, if you had a target of 15 million and then it became plus 15
percent, you'd be looking for another two million, seven hundred and
-- 2 million -- two-and-a-quarter million dollars, okay. So you'd be
going over your budget for a substantial amount.
So if you -- if you were to reduce that target expenditure to
$12,750,000, that allows you to go up to 15 million if there's excess
sand needed. But, of course, you want to maintain whatever wiggle
room you can and flexibility. That's the only two points.
CHAIRWOMAN HILLER: Okay. Thank you very much.
MR. KRASOWSKI: Thank you.
CHAIRWOMAN HILLER: We have a motion and a second.
All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Any opposed?
(No response.)
CHAIRWOMAN HILLER: Motion carries unanimously.
The next item is 11B, Leo, under the water and sewer bond.
MR. OCHS: Yes, ma'am. I'm just looking at your, the court
reporter to see how she's holding up.
CHAIRWOMAN HILLER: Do you need a break?
THE COURT REPORTER: (Nods head.)
Okay. We're going to take a 10-minute break.
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June 11, 2013
MR. OCHS: Thank you, Commissioners. So we'll be back at
3:47.
(A brief recess was had.)
MR. OCHS: Madam Chair, you have a live mike and now a
quorum, I see.
CHAIRWOMAN HILLER: We have a quorum.
MR. OCHS: Would you like to proceed?
CHAIRWOMAN HILLER: Yes, absolutely.
Item #11B
RESOLUTION 2013-128/CWS RESOLUTION 2013-01:
RECOMMENDATION TO 1) ADOPT A BOND RESOLUTION
AUTHORIZING COLLIER COUNTY WATER-SEWER
DISTRICT TO INCUR A FIXED INTEREST RATE, NON-BANK
QUALIFIED TERM LOAN THROUGH ISSUANCE OF ITS
WATER AND SEWER REFUNDING REVENUE BOND, SERIES
2013 IN AN AMOUNT NOT TO EXCEED $19,000,000 TO
PROVIDE FOR THE REFUNDING OF OUTSTANDING WATER
AND SEWER REFUNDING REVENUE BONDS, SERIES 2003B;
2) APPROVE PNC BANK, NATIONAL ASSOCIATION, AS THE
QUALIFIED FINANCIAL INSTITUTION TO PROVIDE A FIXED
INTEREST RATE BANK-QUALIFIED TAX EXEMPT TERM
LOAN TO PROVIDE REFUNDING OF THE COLLIER COUNTY
WATER-SEWER DISTRICT'S REFUNDING REVENUE BOND,
SERIES 2003B AT A LOWER INTEREST RATE; AND 3)
AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO
SIGN THE RATE LOCK LETTER — ADOPTED
MR. OCHS: The next item is Item 11B. It's a recommendation
to, number one, adopt the bond resolution authorizing the Collier
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County Water/Sewer District to incur a fixed interest rate
non-bank-qualified term loan through the issuance of its water and
sewer refunding revenue bond, Series 2013, in an amount not to
exceed $19 million, to provide for the refunding of outstanding water
and sewer refunding revenue bond, Series 2003B and, number two, to
approve PNC Bank National Association as the qualified financial
institution to provide a fixed interest rate bank-qualified tax exempt
term loan to provide for the refunding of the Collier County
Water/Sewer District's refunding revenue bond, Series 2003B, at a
lower interest rate, and authorize the county manager or designee to
sign the rate lock letter.
Mr. Joe Bellone, Commissioners, is chomping at the bit to make
a detailed, dazzling presentation, but I can --
COMMISSIONER FIALA: I'll tell you, this is a no-brainer, isn't
it?
MR. OCHS: Commissioners, I can tell you that Dr. Yilmaz and
CHAIRWOMAN HILLER: I think Commissioner Fiala --
MR. OCHS: -- Mr. Bellone did a great job.
COMMISSIONER FIALA: Yeah, and we saved $2.19 million.
CHAIRWOMAN HILLER: And I just want you to know,
Commissioner Fiala and I are in competition as to who's going to
make the motion. Can we jointly make it? Has that ever been done
before?
COMMISSIONER FIALA: You can second my motion.
CHAIRWOMAN HILLER: All right. Go ahead.
COMMISSIONER FIALA: I make a motion to approve and
save us $2.19 million.
CHAIRWOMAN HILLER: I second it.
All in favor?
COMMISSIONER COYLE: Aye.
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June 11, 2013
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
MR. OCHS: That was a little anti-climactic, by the way.
COMMISSIONER NANCE: I was just trying to put some
interest into the agenda item. There was no spirit here.
CHAIRWOMAN HILLER: Let me repeat again.
Okay. All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. BELLONE: Thank you, Commissioners.
MR. OCHS: Thank you, Commissioners.
Thanks, Joe.
COMMISSIONER FIALA: I love things like that.
Item #11C
AWARDING INVITATION TO BID (ITB) #12-5974R,
CONCRETE, ROAD, SIDEWALK CURB AND FLOOR
INSTALLATION & REPAIR TO BQ CONCRETE, LLC AS
PRIMARY VENDOR AND BONNESS, INC. AS SECONDARY
VENDOR, AND AUTHORIZE THE CHAIRWOMAN TO SIGN
THE AGREEMENTS — APPROVED
MR. OCHS: Item 11C is a recommendation to award Invitation
to Bid 12-5974R for concrete road, sidewalks curb, and floor
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June 11, 2013
installation and repairs to BQ Concrete, LLC, as the primary vendor,
and Bonness, Incorporated, as the secondary vendor, and authorize the
chairwoman to sign the attached agreement.
CHAIRWOMAN HILLER: Motion to approve.
COMMISSIONER FIALA: Second.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER COYLE: (No verbal response.)
COMMISSIONER FIALA: (No verbal response.)
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. GOSSARD: Thank you.
CHAIRWOMAN HILLER: The next is Item 11D.
MR. OCHS: Thank you, Mr. Gossard.
MR. GOSSARD: Thank you.
Item #11D
AWARDING BID #13-6065 "SOUTH COUNTY WATER
RECLAMATION FACILITY GRIT SYSTEMS/EQ PUMPS
MODIFICATIONS," TO D.N. HIGGINS IN THE AMOUNT OF
$1,548,000 PROJECT NO. 70089, SOUTH COUNTY WATER
RECLAMATION FACILITY COMPLIANCE ASSURANCE
PROJECT — APPROVED
MR. OCHS: The next item is 11D. It's a recommendation to
award Bid No. 13-6065, South County Water Reclamation Facility
grit systems/EQ pump modifications to D.N. Higgins in the amount of
$1,548,000 for the South County Water Reclamation Facility
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Compliance Assurance Project.
CHAIRWOMAN HILLER: Motion to approve.
COMMISSIONER NANCE: Second.
COMMISSIONER FIALA: Wait a minute. We have to get
some motions in here, too. You can't always make them. That's not
fair.
CHAIRWOMAN HILLER: I'm on a roll. Go ahead. It's your
turn.
COMMISSIONER FIALA: Well, I'll let Commissioner Nance
do it; he seconded. And then I'll second his.
CHAIRWOMAN HILLER: Commissioner Nance, you go
ahead.
COMMISSIONER NANCE: Motion to reconsider.
COMMISSIONER FIALA: No, no.
COMMISSIONER COYLE: Second.
COMMISSIONER FIALA: Approve.
COMMISSIONER NANCE: Motion to approve with
enthusiasm.
CHAIRWOMAN HILLER: Yes.
COMMISSIONER COYLE: No, I seconded the motion to
reconsider.
COMMISSIONER FIALA: I'll second -- and I'll second it. I
want to tell you, you guys have all given fine presentations. Thank
you very much.
MR. CHMELIK: Thank you, Commissioner.
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
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June 11, 2013
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #11E
RESOLUTION 2013-129: RESOLUTION AUTHORIZING
CONDEMNATION OF THOSE PERPETUAL AND TEMPORARY
EASEMENT INTERESTS NECESSARY FOR THE
CONSTRUCTION OF STORMWATER IMPROVEMENTS
KNOWN AS "CREWS ROAD, COPE LANE AND SANDY
LANE/WING SOUTH INTERCONNECT" SEGMENT OF THE
LELY AREA STORMWATER IMPROVEMENT PROJECT NO.
51101 (ESTIMATED FISCAL IMPACT: $850,000) — ADOPTED
CHAIRWOMAN HILLER: The next item is 11E.
MR. OCHS: Yes, ma'am, and that is a recommendation to adopt
a resolution authorizing the condemnation of those perpetual and
temporary easement interests necessary for the construction of
stormwater improvements known as the Crews Road, Cope Lane, and
Sandy Lane/Wing South interconnect segment of the Lely Area
Stormwater Improvement project.
And Ms. Margaret Bishop, senior project manager, is going to
break the string here and have to get a few things on the record, I'm
afraid.
CHAIRWOMAN HILLER: I was wondering if you would, go
ahead.
MS. BISHOP: Yes. I just need to get this on the record.
The project includes swale reconstruction along parts of Cope
Lane and Crews Road on the west side of Santa Barbara Boulevard
and also swale and weir construction along Sandy Lane located on the
east side of Santa Barbara Boulevard.
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The project consists of three of the remaining six LASIP
segments for easement acquisition. And you can see on the monitor
here this is Segment 21, 22, 26. Sixteen easements will be acquired in
the locations depicted if the board approves the staff recommendation
to condemnation.
Staffs analysis is provided in the backup documents, and ask that
the board approve staff and the consultant's analysis and to adopt the
resolution authorizing the condemnation of perpetual and temporary
easements associated with the project.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Was this contemplated when
Santa Barbara was under construction --
MS. BISHOP: Yes.
COMMISSIONER HENNING: -- the Wing South? It would
seem to me it would be more appropriate, the easements required and
the necessary construction, to connect to that new canal going
north/south. Yes. And that is going to connect to the north/south,
which is on the other side of the road.
MS. BISHOP: You're talking about right here for Cope Lane;
right here?
COMMISSIONER HENNING: Yes.
MS. BISHOP: What we're going to do, instead of entering the
project from this end, we're going to -- there's a guardrail right here.
We're going to take this down, come in and do some swale
reconstruction, and add a culvert, and that's all we're doing up here at
Cope Lane.
COMMISSIONER HENNING: Okay. Down Santa Barbara on
the west side --
MS. BISHOP: Okay.
COMMISSIONER HENNING: -- you have a canal that was
constructed as part of the road construction. That was the LASIP
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June 11, 2013
project.
MS. BISHOP: Yes. That was the LASIP project.
COMMISSIONER HENNING: Now we have the Wing South,
which is on the east side in the blue.
MS. BISHOP: Which is right here.
COMMISSIONER HENNING: Correct.
MS. BISHOP: Yes.
COMMISSIONER HENNING: Are you going to go underneath
Santa Barbara, the new Santa Barbara, and connect it?
MS. BISHOP: No.
COMMISSIONER HENNING: You're not. What are you doing
on that side?
MS. BISHOP: Okay. The project -- let me get my cursor here.
This is Segment 25 right here. We're going to be doing swale
construction along this segment here and also some -- we're going to
install culverts.
COMMISSIONER HENNING: And where's that water
ultimately going?
MS. BISHOP: This is going to go south into the --
COMMISSIONER HENNING: I see.
MS. BISHOP: This is the Wing South portion, and also part of it
will go down Santa Barbara.
COMMISSIONER HENNING: And you have Sunset, Polly
Avenue, Whitaker, all that to the south of that.
MS. BISHOP: Yes. Here's Whitaker right here. That leads into
Royal Wood south along County Barn.
COMMISSIONER HENNING: Correct. Is it going to drain any
of that -- those properties?
MS. BISHOP: This is all complete here; Whitaker, all of this, to
the south. All these segments have been completed.
COMMISSIONER HENNING: Correct. But I'm talking about
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June 11, 2013
over by Wing --
MS. BISHOP: Right here?
COMMISSIONER HENNING: Yes, ma'am.
MS. BISHOP: Okay. This is going to be constructed in 2014,
and this Wing South interconnect right here is also going to be
constructed at a later date, 2014/'15.
COMMISSIONER HENNING: And is it going to resolve some
of the issues on Sunset, Whitaker on that side, Polly Avenue, so on
and so forth?
MS. BISHOP: Yes, that's what this construction is for. The
surrounding neighborhood?
COMMISSIONER HENNING: Correct.
MS. BISHOP: Yes, to the north and to the south.
COMMISSIONER HENNING: Okay. Well, that's one of the
problems that they have over there on why the roads can't go forward.
Those -- they're not limerock roads. They're dirt roads. Part of the
issue was stormwater improvements.
MS. BISHOP: Right.
COMMISSIONER HENNING: And that will help alleviate
some of that; is that right, Jay?
MR. AHMAD: Yes, sir.
COMMISSIONER HENNING: Okay. Thank you.
COMMISSIONER FIALA: I'd like to make a motion to
approve.
COMMISSIONER COYLE: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
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June 11, 2013
CHAIRWOMAN HILLER: Motion carries unanimously.
COMMISSIONER FIALA: And let me say that the parts you've
already done -- Commissioner Henning was even naming a few as he
connected them. It's actually relieved the homes from flooding. It's
been amazing how well it's been working.
COMMISSIONER HENNING: Oh, on the other side?
COMMISSIONER FIALA: Over in Royal Wood, they used to
have flooding in their houses, and it's not flooding anymore.
COMMISSIONER HENNING: Oh, thank you.
COMMISSIONER FIALA: Uh-huh.
CHAIRWOMAN HILLER: That's good.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Madam Chair, that takes you to Item 15, staff and
commission general communications.
COMMISSIONER HENNING: What?
CHAIRWOMAN HILLER: Leo Ochs?
MR. OCHS: The only thing I have is just a reminder. I'm sure
it's on your calendars for the Board of County Commissioner budget
workshop presentation on June 20th and, if necessary, Friday, June
21st.
CHAIRWOMAN HILLER: Right.
MR. OCHS: Thank you. That's all I have.
CHAIRWOMAN HILLER: And it's important that both days be
blocked off on everyone's calendars in case there is any spillover so
there is no conflicts with any meetings.
MR. OCHS: Thank you.
CHAIRWOMAN HILLER: Any other comments?
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MR. OCHS: Not from me. Thank you, Commissioner.
CHAIRWOMAN HILLER: I actually want to make a comment
to you, County Manager. Wednesday night, Bruins versus the
Blackhawks.
MR. OCHS: Put all your money on the Blackhawks.
CHAIRWOMAN HILLER: No. I actually want to put your
raise on Bruins.
MR. OCHS: The Bruins? We'll have to negotiate that, ma'am.
CHAIRWOMAN HILLER: Let's make plans. I'm ready. Okay.
County Attorney?
MR. KLATZKOW: Nothing, ma'am.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: Nothing.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes, I have a few things. Pretty
simple, though.
Stop getting so anxious, for goodness sake. We're early.
So I've been working a little bit with the state. Actually Kingman
Schuldt brought it to my attention that when you get on and off of
I-75, there's no signage that says this way to East Naples. It says to
Marco or to Golden Gate or to the city.
CHAIRWOMAN HILLER: And you brought that up at the
MPO.
COMMISSIONER FIALA: And so the state has said, well, we
can't do that because you're not on the map, and they said to them
there is no East Naples. So they said you have to have it added to the
map.
So I found out how to do that. One of them is the county
manager has to add a letter that says there is an East Naples, and then
the County Commission needs to write a letter signed by the chairman
that says, yes, we approve you adding East Naples to the signage on
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I-75, and I'm just asking if you would do that.
CHAIRWOMAN HILLER: Sure.
COMMISSIONER FIALA: Okay.
CHAIRWOMAN HILLER: Do you want to call it East Naples;
is that the appropriate --
COMMISSIONER FIALA: Yeah.
CHAIRWOMAN HILLER: -- label for the community?
COMMISSIONER FIALA: Uh-huh.
CHAIRWOMAN HILLER: Is that -- okay. Is that --
COMMISSIONER FIALA: Does anybody have a problem with
that?
COMMISSIONER HENNING: I have a comment on that. With
this whole fire district merger, East Naples and Golden Gate is being
called something else. It might be the Greater Naples Fire District,
Fire and Rescue, or it might be called something else that may move --
start to move East Naples into another --
CHAIRWOMAN HILLER: Yeah, and that's why I was asking.
COMMISSIONER HENNING: -- identification.
COMMISSIONER FIALA: Well --
COMMISSIONER HENNING: Just a thought. I'll support
whatever you want to do.
COMMISSIONER FIALA: That's good. And at some point in
time we might want to change signs to say that. Right now what --
and I could be way off base here. What I think is the reason that
we've -- some companies that are up in New York and Connecticut
who do a lot of the research for companies down here who want to
relocate, they don't even know we exist here. They don't -- maybe
they don't identify that East Naples is there, so they don't even know
to look for demographics in the area to see if they could locate
companies there, and I'm hoping that that might open a new area and,
by doing that, maybe some companies would come down into that
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area.
CHAIRWOMAN HILLER: But maybe -- what I was thinking
was somewhat along the lines of Commissioner Henning. From a
marketing standpoint, if you're looking to market that community,
maybe giving it a name that's not as generic as East Naples is
something to consider. I mean, if you're going to go to coming up
with a sign at an exit, you know, maybe we start thinking of other
names. And maybe East Naples is a perfect name.
COMMISSIONER COYLE: How about Fialaville?
CHAIRWOMAN HILLER: I like Donnaville better.
COMMISSIONER FIALA: I think we need to -- we need to get
it on a sign now.
COMMISSIONER NANCE: I support rebranding, but be careful
of the artist Naples effect. I'll say it. Commissioner Coyle was
smiling thinking it. He just wouldn't say it.
CHAIRWOMAN HILLER: That's a whole other issue. And it
may not be a good idea at all. I mean, I'm just throwing it out for you
to consider. I mean, it's your district, and it's up to you, you know, but
it's just a thought. If you're going to move in that direction of actually,
you know, labeling and signing and putting on maps, you know, is that
the name that you want to use?
COMMISSIONER FIALA: Right now, yes, because that is the
name.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER FIALA: By the time they change everything
around -- I don't know when the fire will actually change and what the
name will be and so forth, so I would like to go with this. And I agree
with you about rebranding. You might as well just be -- I always say,
instead of changing the name Bayshore, for instance, when it used to
be Kelly Road --
COMMISSIONER NANCE: That was very successful.
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CHAIRWOMAN HILLER: That was a very good move.
COMMISSIONER FIALA: Kelly Road, they changed it to
Bayshore, but it was still a slum. And until you change what it is, the
name doesn't help you at all. So I say, make it better than what it
could be and keep the name.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER COYLE: Artist east. That's it.
COMMISSIONER FIALA: So thank you.
MR. OCHS: Commissioner, that is, in fact, a two-step process.
So once the letter -- if you would like us to prepare the letter for the
chairwoman's signature, and then once we have that and send it up, we
will then bring a resolution back on the consent agenda to memorialize
that through a vote of the commission.
COMMISSIONER FIALA: Thank you.
And the last thing I want to say is if we ever have any offers for
land, especially offers that might affect the quality of life and that
offer is given to anybody within the county on staff, I would like it to
be brought before the County Commissioners for discussion and a
vote.
COMMISSIONER NANCE: What do you mean, ma'am? Give
me an example.
COMMISSIONER FIALA: Say, for instance -- like, for
instance, if we have the opportunity to buy the DeVoe property -- and
there were a couple of us that were in agreement that it should be
done, but then possibly if somebody made it their point to say no,
we're not going to buy it and it never went any further and instead it's
going to change the quality of life in this area, I just would want to
make sure that that doesn't happen again.
CHAIRWOMAN HILLER: So in other words, if anyone brings
-- to rephrase what you're saying. If anyone makes an offer to county
government, whether it's through any members of the board or through
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staff, that whoever receives that offer needs to bring it to the board so
the board can vote for or against?
COMMISSIONER FIALA: Right. Say, for instance, they find a
place to put the model airplane flights or something, you know, and
it's something that would make a lot of sense and be good for the
community, I would like to see that brought.
CHAIRWOMAN HILLER: Yeah. I mean, it makes sense for
everything to be presented to the board for consideration.
COMMISSIONER FIALA: Yes.
CHAIRWOMAN HILLER: I mean, the board doesn't have to act
on it necessarily, but it's good to be informed to see what options are
out there if it's -- now, the only issue with that is that, you know,
everyone in the community will say "I want to sell my land to the
government," and then we're going to have 10,000 offers every week.
So you need to figure out how to reconcile that, you know. Because, I
mean, let's face it, that's what's going to happen. So we have to think
about how that would work.
Maybe staff can give some thought as to what would be the right
way to address Commissioner Fiala's concern without, you know,
inundating us with offers from everybody for all their property.
Commissioner Henning?
COMMISSIONER HENNING: Nothing.
CHAIRWOMAN HILLER: Can I make a comment to you?
COMMISSIONER HENNING: Yes.
CHAIRWOMAN HILLER: You have done an outstanding job.
I mean, what you accomplished on your Fletcher negotiation and how
you've moved forward on fire has been outstanding.
COMMISSIONER HENNING: Thank you. I do have one thing
I just remembered. No, I have two things. Welcome back.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER HENNING: It's a pleasure to have you back
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sitting in that spot.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER HENNING: The next thing, Jeff, there's
concerns from -- I understand during the last break from the CRA in
Immokalee about moving to the airport. Would it be appropriate for,
once I go out there and talk to them, to communicate with the
commissioner of the district?
MR. KLATZKOW: You're going to have Sunshine problems if
you do that.
COMMISSIONER HENNING: Okay. All right.
MR. KLATZKOW: So, no, I don't think -- I think it's
appropriate for you to talk with the CRA board and then come back in
a regular agenda item or during discussions like this and then have
your conversation.
COMMISSIONER HENNING: Okay. I'll do that. Thank you.
Thank you for your comments.
CHAIRWOMAN HILLER: You did great.
Commissioner Nance?
COMMISSIONER NANCE: Yes. I actually wanted to also
echo Commissioner Hiller's comments. Thank you for your
leadership.
CHAIRWOMAN HILLER: It was amazing.
COMMISSIONER NANCE: You did journeyman's work on
some sticky topics, and I think you did a great job --
CHAIRWOMAN HILLER: Yep.
COMMISSIONER NANCE: -- into leading those things
forward. I look forward to your continued work to finish what you've
begun.
COMMISSIONER HENNING: I can't take all the credit for that.
CHAIRWOMAN HILLER: And Camden did an outstanding job
on her package and presentation. I mean, the research that she pulled
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together on, you know, what was going on at other airports and getting
the package of the aerials and, you know, really putting it on the
record so there's no ambiguity as to the facts was really super. She did
great.
COMMISSIONER NANCE: I've got a couple things. One, Mr.
Ochs, I wanted to -- we have a workshop for September 3rd that
includes some discussion of capital assets management, I believe.
MR. OCHS: That's correct, Commissioner.
COMMISSIONER NANCE: Are we going to be able to get an
accounting somewhere in our budgetary process of the deferred
maintenance that we currently have, the different, you know, amounts
of monies that we're really in arrears as far as our programmed and
scheduled maintenance so we can begin to discuss how we're going to
work through that? Is that part of your evaluation?
MR. OCHS: Yes, sir. That's part of the ongoing asset
management initiative. We will have certainly enough of that to speak
to next year's budget and probably five years out.
COMMISSIONER NANCE: Oh, I have no doubt. I just wanted
to try to get my head around, you know, kind of where we stand on
that.
MR. OCHS: Yes, sir. And we'll be able to go through all of the
critical asset maintenance that's required, in our staff view anyhow,
and show you how we've attempted to fund those and approach those
in your next budget.
COMMISSIONER NANCE: In the short term and in the long
term, or have you primarily focused on the long term?
MR. OCHS: Well, we can show you the five-year CIP. And
then beyond that will be kind of the scope of the workshop in
September.
COMMISSIONER NANCE: Okay. All right.
MR. OCHS: Fair enough?
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COMMISSIONER NANCE: Yes, sir. Thank you.
I want to -- some positive news. It's kind of interesting because
it's related to a lot of the things that we talked about today, but I just
wanted to let everybody know it doesn't directly affect us but it
indirectly affects us, is that the Commissioner of Agriculture, Adam
Putnam, announced in May that Coca Cola was committing to a $2
billion investment in citrus in the State of Florida, primarily in Central
Florida, and they predict that it's going to result in the planting of an
additional 25 acres of oranges, create 4,100 jobs in Florida over a
25-year period, and result in a total compound economic impact of
$10 billion in the next 25 years within the citrus industry. That's a
huge commitment --
CHAIRWOMAN HILLER: Wow.
COMMISSIONER NANCE: -- by Coca Cola in partnership with
Cutrale Citrus Juices and Peace River Citrus Product.
So that's all positive news and, you know, hopefully we'll
continue to work through our problems in that industry, because
Collier County's got a lot riding on it as well.
And, finally, I just wanted to let everybody know, you've
probably seen in the press that there has been quite a bit of discussion
about the activities regarding Oil Well exploration and drilling in
Collier County, which is nothing new to Collier County, but it's new
on the horizon, because it seems it's fairly near dwelling units in
eastern Golden Gate Estates on this pass through.
Of course, Collier County does not regulate that. Other
regulatory agencies, primarily Department of Economic -- of
Environmental Protection regulates those through state law and also
federal laws that regulate mines and mining in general.
But because of citizen concern, I held a neighborhood
information meeting, and the focus of that meeting was to provide
contacts and sources of accurate information to try to allay citizen
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concerns and fears and let them know who they could talk to directly
as far as the regulatory agencies and the investors and the vendors and
suppliers and technicians to get accurate information on this topic.
So I put out a press release. I sent it to all of you under a
one-way communication. I'm going to put one of these press releases
into the public record here at today's meeting.
I want to let you know that the content of that is not only just the
contact information that we assembled from the meeting, but also
some well worded, frequently asked questions that were put together
by Mr. Casalanguida and his staff to aid in informing the citizens.
So thank you, Nick, on that. And I'm relying on this, and I'm
relying upon communications with the investors which basically is
Collier Resources, which is comprised of Barron Collier Company
and Collier Enterprises, to do the right thing, work through these
issues with citizens so that they allay their fears, and we have
something that's functional in the eastern part of the county there.
You know, in the past, historically there's been over 300 oil wells
drilled. There's less than 50 active right now. It's down from a big
point of production, a peak of production in the '80s, to increased
production. And now I think the technology allows them to
horizontally drill into the Sunnyland formation that underlies a great
part of the county, is going to allow them to extract economic
quantities of oil from these deposits in an effective and efficient and a
safe way.
It's actually going to allow them to get this resource with a
greatly reduced number of penetrations. In other words, they're going
to be able to go down, and then instead of just tapping the oil in that
one prime location, they're going to be going out through the strata for
thousands of feet. The one that's been under discussion is going to be
13,000 feet below the surface and have horizontal drilling that's going
to extend 4,000 feet. So this is new technology.
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CHAIRWOMAN HILLER: And I think it's important to
emphasize there won't be any fracking.
COMMISSIONER NANCE: Yes.
CHAIRWOMAN HILLER: Because there has been concern
about fracking. And, you know, because of the limestone, that's not
going to happen.
COMMISSIONER NANCE: Yeah. Because of -- the
formations have been described to me in the public meetings that
we've had -- and this can be -- you can get additional information
talking directly to the technicians, is the Sunnyland oil deposits are
considered to be a rubble zone. It's loosely aggregated rock. It's very
well suited to this horizontal drilling.
And, you know, unfortunately, there's some people that want to
proceed with putting out misinformation to the public and giving them
unrealistic fears in order to sensationalize this issue, because what
they're concerned with is they're concerned about making a statement
about energy policy in the United States and so on and so forth instead
of addressing what we have right here in Collier County.
So I'm working just -- I'm taking my time just to put out this
information so the people can get facts directly from the horse's
mouth.
COMMISSIONER FIALA: Could I ask a question? With regard
to oil drilling, I had read someplace that companies that drill for oil in
the United States of America then sell it overseas; is that true?
COMMISSIONER NANCE: Well, Commissioner Fiala, I think
that the oil we produce goes into the general, you know, energy
supply. I don't think anybody knows what its final destination is. I
think it -- you know, certainly it doesn't make sense to collect it here
and ship it overseas and then buy it in Saudi and ship it back.
COMMISSIONER FIALA: That's what I --
COMMISSIONER NANCE: But I hate to tell you that if you
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look at it, you'll probably find out that it's going around in a circle;
that's why it costs so much.
CHAIRWOMAN HILLER: Is that what happens to our
tomatoes, too?
COMMISSIONER NANCE: Yes, we ride them around.
CHAIRWOMAN HILLER: I'm sure we do.
COMMISSIONER NANCE: We bring you tomatoes from
Mexico and we send our tomatoes to Costa Rica, so -- anyway, other
than that, thank you very much.
CHAIRWOMAN HILLER: Thank you.
I just have a couple of comments. The first is, is I was somewhat
concerned when I saw county employees hot fueling Turbo Services
engines. So I think we need to look into that from a risk standpoint
and also, you know, why are our employees, airport employees doing
that for that particular company if, in fact, that is what's going on? So
risk management probably ought to address that.
Legally I don't know that we should be doing that at all. I mean,
there's all sorts of liability.
MR. KLATZKOW: But that's their business. They're testing
turbine engines, and it's a continuous flow.
CHAIRWOMAN HILLER: Right. But why are our employees
engaging in the hot fueling? I don't think we're licensed to do that.
MR. KLATZKOW: I don't know that our employees are.
CHAIRWOMAN HILLER: There was, like, a truck.
COMMISSIONER FIALA: Fueling company.
CHAIRWOMAN HILLER: I thought that was our truck.
Anyway, I don't know. Can someone look into that and find out?
Because I think we have a risk issue, a service issue, you know, just --
COMMISSIONER FIALA: I think they named the company,
didn't they?
CHAIRWOMAN HILLER: I don't know.
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COMMISSIONER COYLE: Remember one thing, that's a
different situation. With an airplane and you're trying to hot fuel,
you've got a pilot in the cockpit, there's a risk to the pilot there, you've
got an airplane that might move and an airplane that might explode
because you're putting a lot of gasoline in a tank.
The situation with Turbo Services, there is no tank, there's no
pilot there. It's in an enclosed building, so it's protected. And the fuel
is being fed directly into the turbine engine, so it's being burned
immediately, so there's no collection of fuel in a tank anywhere. So
there's a substantial difference in risk there.
So although it is technically hot fueling, it's really a different
kind of thing than we're talking about when we're talking about
fueling an engine.
CHAIRWOMAN HILLER: Okay. Well, just -- if we could get
information back on that.
Commissioner Henning, did you want to --
COMMISSIONER HENNING: No, I totally agree, and I want to
expand upon that.
CHAIRWOMAN HILLER: Okay.
COMMISSIONER HENNING: It was observed that that tanker
was there for at least half a day, if not more. So you have a piece of
apparatus by the airport, and I'm hoping to assume that you have an
employee there with that mobile explosion tank.
So what are we doing by providing that type of service for full
service, and we're not making that much money? You're not --
CHAIRWOMAN HILLER: Yeah, that's scary.
COMMISSIONER HENNING: You're not going to make -- you
can't compensate the employee's time for that type of service. That
should be -- that's the bigger question.
COMMISSIONER FIALA: Was it one of our employees doing
that?
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COMMISSIONER HENNING: It was; it was.
You know, maybe the most proper thing to do -- and if you want,
I'll communicate with Chris Curry to find out more --
CHAIRWOMAN HILLER: I would really appreciate that.
COMMISSIONER HENNING: -- about exactly -- he usually is
-- he communicated to me that he's usually out there on Wednesday,
but he wasn't out there this Wednesday when this was taking place.
If it's not -- you talk about making money. If we're not making
money and if we're not at least paying for the employee out there,
Turbo Service needs to, you know, step up to the plate and probably
have their own tank out there instead of using our tank.
COMMISSIONER NANCE: I think that's probably fairly easy
to engineer.
COMMISSIONER FIALA: I thought we sold them fuel, as a
matter of fact.
COMMISSIONER HENNING: We are --
COMMISSIONER FIALA: That's interesting.
COMMISSIONER HENNING: We are selling them fuel.
COMMISSIONER FIALA: Oh, okay.
CHAIRWOMAN HILLER: Well, if you could look into that,
Commissioner Henning, since this seems to be part and parcel of, you
know, what you're doing out at the airport and, you know, let us know
what's going on and what curative action is required, that would be
great. And, you know, we need coordination with risk, coordination
with the county attorney to make sure that we can legally even be
involved in doing this.
And I don't know if you need, like, a certain permit or license to
actually engage in that type of activity. I think there are a lot of open
questions.
COMMISSIONER NANCE: Well, it's another insurance deal,
too.
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CHAIRWOMAN HILLER: It's definitely another insurance
deal. I mean, I'm not presuming anything. I'm really just asking. So
if you could find that out, that would be great.
The next question I have is, you know, this whole issue of
reporting crimes on government property. You know, very clearly,
any crime that's committed has to be reported to law enforcement. But
where -- you know, at what point does the staff observing crime on
county property tell our county security and the board?
I mean, ultimately, you know, we have responsibility and
liability for what goes on, and we don't want to see anyone hurt in any
way or allow crimes to go unreported if they're not reported, which is
separate and apart from, you know, administrative claims like, for
example, reporting to the FAA about, you know, someone doing
something that violates a regulation that may not be criminal.
So what I was going to suggest is have the county attorney look
into that and come up with, you know, some sort of policy or
resolution that he could propose to us to allow us to develop some way
of ensuring that employees report to the right agency immediately and
to the board, you know, immediately thereafter or concurrently or
however.
I mean, I don't know. I don't know what the proper protocol for
dealing with these type of issues are, and I just want to defer to you
and ask you to develop something.
MR. KLATZKOW: Are we talking about the county in general?
CHAIRWOMAN HILLER: Well, I think whatever we do should
be for the county as a whole. I mean, whether it's at the airport or, you
know, on any county property. I'm not sure that it should make a
difference. I mean, a crime is a crime.
COMMISSIONER HENNING: Madam Chair?
CHAIRWOMAN HILLER: And an administrative issue is an
administrative issue.
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COMMISSIONER HENNING: Mr. Curry was not being
forthright, the bottom line. He expressed to Camden -- and it has
nothing to do with the perception; however, he did not relay that to
you, and I think he was just trying to be evasive and not directly
answer the question.
Periodically, from what I understand, is the airport gets calls and,
you know, be on watch for this particular airplane and let us know
their activities. And it has to do with drugs. It has nothing to do with
any particular airport tenant.
CHAIRWOMAN HILLER: And I'm --
COMMISSIONER HENNING: Historically, Collier County,
there was a lot of drugs coming in here, being flown in.
CHAIRWOMAN HILLER: I'm sure there probably still is a lot
of drugs coming in here. But I don't think it's with respect to a
particular tenant. I think it's just the question of what is the protocol if
an employee identifies criminal activity on our property, on county
property.
And, you know, what should happen? Does the employee have
an affirmative duty to immediately report to -- yeah, I don't know. I
mean, do we have a CMA on that already?
MR. OCHS: Yes, ma'am, we do, through risk management. I'll
get it and send it to you all if you'd like.
CHAIRWOMAN HILLER: Right. And so maybe what we need
to do is if we've got a CMA that you've already developed that
contemplates all of that, then maybe we take that CMA and apply it to
the CRAs and to the airport authority and make sure that it's, you
know, an umbrella policy.
COMMISSIONER HENNING: We should just apply the CMAs
to different agencies.
CHAIRWOMAN HILLER: That's a great idea, you know,
Commissioner Henning.
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COMMISSIONER NANCE: Then maybe they'd have a Dog, the
Bounty Hunter, employee.
COMMISSIONER COYLE: Yeah. That would be good. Hire
Dog.
CHAIRWOMAN HILLER: Listen, I think the fact that these --
COMMISSIONER COYLE: Of course, we've already got one
Dog. Well, before you leave that, you should know that pilots and
employees on airports almost everywhere are encouraged to report
suspicious activity.
CHAIRWOMAN HILLER: Absolutely.
COMMISSIONER COYLE: It doesn't have to be a crime. It can
just be suspicious activity, somebody you don't know in an area where
they shouldn't be in, somebody fiddling around with an airplane
somewhere. They're all encouraged to report suspicious activity as
quickly as possible. And they report it to -- they're asked to report it to
the airport management. So we shouldn't try to discourage that kind
of stuff.
CHAIRWOMAN HILLER: No, we don't want to.
COMMISSIONER COYLE: And the airport management then,
operating under our procedures, can make a decision, is this something
of critical safety concern where I have to take immediate action like,
you know, three people in an unknown car driving around on the
airport, or is it something that we can take to the board and get
authorization to file a formal complaint, so --
CHAIRWOMAN HILLER: Well, I think what's important is
that we take a look at the CMA and see how we can apply it to, you
know, the other division under us and see if we need to do anything to
either amend it or bolster it, as the case may be.
And it's just something that's very prudent, especially with
everything that's going on, when you look at what happened in
Boston. I mean, we want to make sure that the reporting is done
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properly and as quickly as possible.
Like, one of the things I would really like to see is that Skip
Camp -- I mean, if there is a suspicious plane or suspicious activity,
that Skip Camp be immediately notified, that it not be limited strictly
to the airport executive director, for example.
And if there is a reporting of such information to any agency, that
Skip Camp and the Sheriffs Office is put on notice that, hey, you
know, we've got a problem that is at the level where this type of
reporting is required. We have to look out for the safety of what goes
on on county property. So if you guys could work together and bring
something forward, that would be great.
The other things is, the Coast Guard Auxiliary lease is about to
expire, and if we could get that expedited. It does take them a while to
get that approved through their channels, and they are very grateful
that they have the lease of that property up at Wiggins, so let's keep it
going.
Another thing, there have been a number of very famous paddle
boarders that have been coming to this coast and have particularly
fallen in love with Collier County. In fact, one of the best, whose
name I won't mention because I'm sure someone else thinks they're the
best, but anyway -- really was taken by Collier County and, in fact, it
was said that Collier County probably has some of the best paddle
boarding conditions of anywhere in the United States. So it would be
very cool if we became the paddle boarding capital of the United
States. You know, it would be kind of hot.
COMMISSIONER FIALA: Let me jump in on that.
CHAIRWOMAN HILLER: Do you paddle board? I'll take you
paddle boarding. You and I could get on a boat together.
COMMISSIONER FIALA: I was just out at the Marriott. I'm
cruising a few businesses and getting some input from them, and one
of the things -- I was just telling Leo yesterday about this. One of the
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things Rick Medwedeff said is something we ought to pursue in
Collier County is this sports venue.
CHAIRWOMAN HILLER: Yeah, we are.
COMMISSIONER FIALA: He said, right now we -- you know,
we have the parks, you know, and so forth to do that, but he said we
actually ought to go after a sports element and encourage them to
build something here and actually be focused here and then to spread
out from there. So I thought that was a good idea.
(Commissioner Coyle left the boardroom for the remainder of the
meeting.)
CHAIRWOMAN HILLER: Well, I -- we actually are doing that,
and I've actually been involved -- because I love sports, so I'm, like,
constantly flitting through all these different --
COMMISSIONER FIALA: Well, he's talking about bringing a
team or --
CHAIRWOMAN HILLER: Yeah, we've got that. Well, I've got
several things to mention. First, with respect to the paddle boarding,
we are having a major competition Saturday and Sunday of this week
in front of the Naples Beach Hotel, and there are really some major
players in that sport coming from California, for example.
So that is something that will be addressed during that weekend
about, you know, what we can do to promote paddle boarding. We
also -- so I encourage all of you to go. I'll go paddle boarding with
you.
COMMISSIONER FIALA: I'll be in Albany.
CHAIRWOMAN HILLER: We could -- oh, that's too bad. I
was going to say, we could do yoga on a paddle board together. Just
saying, just saying.
Okay. So that's number one. Everybody needs to go. It will be
really great. And you can register for it on Friday night.
The other thing is, we have our very first soccer -- actually, our
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June 11, 2013
very first professional franchise team in Collier County ever, and it's a
soccer team called Adrenaline, and I've gone to the game. Very cool.
Really -- you know, I think I went to their third game.
And they have done something for us. They have actually -- and
I spoke to the manager of the team. The Saturday -- and I'll get you
all the details. But it will be the Saturday after our last meeting, our
July 9th meeting, so that following Saturday, that immediate Saturday,
they're dedicating that game that they're going to play to Collier
County.
So we are going to invite all our employees. And then what I
would like to do at, you know, the halftime is do, like, special
employee announcements, recognize great people, end of the year,
blah-blah-blah. So put that on your calendars. And, like I said, it is
the first professional franchise in Collier County.
COMMISSIONER FIALA: So do you get to kick the first ball
out onto the field or something?
CHAIRWOMAN HILLER: Oh, yeah. We all should, you
know, like a collective, like. So it will be at Barron Collier High
School.
But I'll get you all the details, and it's something really worth
looking at. And, again, the last thing I want to say is, Bruins are going
to win, okay. Bruins are going to win. Damn Chicago. Blackhawks --
you know, what happens to a Blackhawk? Okay. It goes down, right?
And let me tell you why the Bruins are going to win. The Bruins
are going to win, because -- have you looked at the Canadians that are
on that team? And have you looked at the guy who has made the most
goals? He is Czech and he is hot, and he can you know what.
COMMISSIONER HENNING: Motion to adjourn.
CHAIRWOMAN HILLER: And I am telling you, we are
absolutely -- go Bruins.
Motion to adjourn. Thank you.
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June 11, 2013
COMMISSIONER NANCE: This is from a chairwoman that
sent her only begotten son to Florida State, okay. So you have to
consider the source here.
CHAIRWOMAN HILLER: Okay. Well, that's because I'm
loyal to Florida, too. And in Florida, let me just say, go Seminoles,
okay.
And you know what the hawk does to the gator? So that's all I
can say on that front. So, anyway -- so your comment about sports,
hard core. We all totally agree, and this is -- there's no better county in
all of the United States for sports than Collier County.
COMMISSIONER NANCE: Well, you know, I'm going to
throw something out. Now, this is a last-minute comment on a long
day, but I'm just going to let you know that we're going to have an
opportunity to review the Golden Gate Master Plan, and we're going
to have an opportunity to review the rural fringe mixed-use district,
which has gone through the Hussey settlement and some pretty rough
times here.
I mean, looking forward to economic development, we've got six
sections of receiving land out there, six square miles of property that's
not too far from here that's looking for a mechanism to help, you
know, take that development --
CHAIRWOMAN HILLER: I'm here to --
COMMISSIONER NANCE: -- and get that receiving and get
that --
COMMISSIONER FIALA: Maybe a baseball team.
CHAIRWOMAN HILLER: I'm here -- I am here to serve and
deliver. I am. Yeah, I am.
COMMISSIONER FIALA: We can get a baseball team on that
field.
COMMISSIONER NANCE: Well, you've got a lot of -- you
know, we've got a lot of possibilities.
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June 11, 2013
CHAIRWOMAN HILLER: Well, actually, we actually -- I have
been working on exploring those possibilities, and I have actually
been researching this stuff, and I hope to bring that back in the near
future.
COMMISSIONER NANCE: Well, you know, there's been a lot
of, you know, chatter in the community, and people look at Hacienda
Lakes and they go, okay, really, Tim, how is the swamp buggy track
going to survive in the middle of Hacienda Lakes? And I said, well,
you know, maybe we're going to have to move it yet again. It used to
be on Radio Road. It had their historic home on Radio Road, and
maybe, you know, we need to take a look at some possibilities. So I
encourage everybody to talk all that out.
CHAIRWOMAN HILLER: Just let me ask a question. Is
swamp buggy actually a sport? Sorry, I had to say that.
COMMISSIONER NANCE: As much as paddle boarding is. As
much as paddle boarding is.
CHAIRWOMAN HILLER: Okay. Well, paddle boarding is. It
does wonders for your core.
COMMISSIONER NANCE: Well, look at what Sarasota did
with that Benderson facility they put together with rowing. They're
going to have a national magnet facility on that.
CHAIRWOMAN HILLER: Let me -- and I want to mention, it
is anticipated through the development of the greenway that the
Rowing Association will eventually have its own boathouse, and there
will be more rowing on the Gordon River, too. So we are looking at
so much, and it's really great.
COMMISSIONER NANCE: A lot of possibility.
CHAIRWOMAN HILLER: Go sports. Thank you.
COMMISSIONER NANCE: Motion to adjourn.
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: We're adjourned.
Page 231
June 11, 2013
*****
**** Commissioner Fiala moved, seconded by Commissioner Hiller
and carried unanimously that the following items under the Consent
and Summary Agendas be approved and/or adopted ****
Item #16A1
A SUBORDINATION AGREEMENT AND THE CONVEYANCE
OF UTILITY EASEMENTS TO FLORIDA POWER & LIGHT
COMPANY, REQUIRED FOR THE RELOCATION OF ITS
FACILITIES IN CONFLICT WITH THE PROPOSED
INTERSECTION IMPROVEMENTS AT US 41 AND COLLIER
BOULEVARD. (PROJECT NO. 60116.) ESTIMATED FISCAL
IMPACT: $45,100 — AT TRIANGLE BLVD AND COLLIER BLVD
Item #16A2
INVITATION TO BID (ITB) #12-5857R "NUISANCE
ABATEMENT SERVICES," TO FA REMODELING & REPAIRS,
INC., OLIVA ENTERPRISES AND NEAL'S LAWN AND
LANDSCAPING MAINTENANCE, INC. AND THE
CHAIRWOMAN TO SIGN THE RESULTANT CONTRACTS —
USED BY CODE ENFORCEMENT TO MAINTAIN PROPERTIES
WHEN THE OWNER FAILS TO MAINTAIN LITTER/DEBRIS
REMOVAL AND GRASS MOWING
Item #16A3
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June 11, 2013
RELEASE OF LIEN IN THE AMOUNT OF $66,382.47 FOR
PAYMENT OF $1,332.47, IN THE CODE ENFORCEMENT
ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS
VS. ERASMO ARMANDO ARAGON, CODE ENFORCEMENT
BOARD CASE NUMBER CEPM20110016069, RELATING TO
PROPERTY LOCATED AT 5235 32ND AVE SW, COLLIER
COUNTY, FLORIDA — FINES PERTAINING TO A BROKEN
WINDOW AND SEVERAL UNSECURED DOORS AND
WINDOWS ON A PROPERTY THAT WAS BROUGHT INTO
COMPLIANCE ON DECEMBER 3, 2012
Item #16A4
RECORDING THE FINAL PLAT OF BELLA FIRENZE,
(APPLICATION NUMBER PL20120002425) APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY — THE DEVELOPER MUST
RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC
FACILITIES PRIOR TO THE ISSUANCE OF THE
CONSTRUCTION PLAN FINAL APPROVAL LETTER
Item #16A5
TERMINATE AGREEMENT NO. MOA 100, AS AMENDED,
BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (FDEP) AND COLLIER COUNTY AND ASSIGN
LICENSE AGREEMENT TO FDEP FOR OZONE MONITORING
AT LAUREL OAK ELEMENTARY — PROMPTED BY FDEP DUE
TO FREQUENT EMPLOYEE TURNOVER
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June 11, 2013
Item #16A6
RESOLUTION 2013-119: A DONATION INCLUDING BUT NOT
LIMITED TO WATER QUALITY TEST REPORTS, AQUATIC
PLANTS AND FLOATING INTERLOCKING MATS FROM THE
WATER SYMPOSIUM OF FLORIDA TO INVESTIGATE
WATER QUALITY IN COLLIER COUNTY STORMWATER
DETENTION PONDS AT AN ESTIMATED VALUE OF $2,000
Item #16A7
A REFUND IN THE AMOUNT OF $14,830 TO WELSH
COMPANIES FLORIDA, INC. FOR A WITHDRAWN GROWTH
MANAGEMENT PLAN AMENDMENT PETITION — RELATED
TO PETITION PUDZ-A-PL20120000726, TOP HAT AUTO,
WHICH WAS APPROVED BY THE BOARD
Item #16A8
THE OFFSITE REMOVAL OF EXCESS FILL FROM THE
NAPLES RESERVE RPUD PURSUANT TO ORDINANCE 12-29,
EXHIBIT F, TRANSPORTATION PARAGRAPH "D" AND
CONSISTENT WITH THE COMMERCIAL EXCAVATION
PERMIT PL 20120002540 — TO BE UTILIZED IN THE
WIDENING OF US 41 BETWEEN COLLIER BLVD. AND CR 92
Item #16A9 — Withdrawn (Per Agenda Change Sheet)
DEVELOPMENT AND EXECUTION OF TEMPORARY BEACH
RESTORATION EASEMENTS (TBRE) WITH BEACHFRONT
PROPERTY OWNERS FOR THE FY13/14 VANDERBILT, PARK
Page 234
June 11, 2013
SHORE AND NAPLES BEACH RENOURISHMENT PROGRAM
AND REAFFIRM THE EXISTING BOARD OF COUNTY
COMMISSIONERS' POLICY THAT NO RENOURISHMENT
WILL OCCUR LANDWARD OF THE EROSION CONTROL
LINE (ECL) ON PRIVATE PROPERTY WITHOUT AN
EXECUTED TEMPORARY BEACH RESTORATION
EASEMENT (TBRE), THE CHAIRWOMAN TO EXECUTE
RESOLUTION FOR TBRE, AND MAKE A FINDING THAT THIS
PROJECT AND EXPENDITURE PROMOTES TOURISM
Item #16A10
RESOLUTION 2013-120: REVISING THE MEMBERSHIP OF
THE RESTORE EVALUATION COMMITTEE (COMMITTEE)
TO INCLUDE ONLY NON-COUNTY STAFF MEMBERS, TO
ESTABLISH THE COMMITTEE BY RESOLUTION AS AN AD-
HOC COMMITTEE, AND FORMALLY APPOINT COMMITTEE
MEMBERS — APPOINTING JOHN SOREY III, DR. JAMES
RIVIERE, SAMMY HAMILTON, ANDREW MCELWAINE,
ALBERTO CHAVEZ, LISA KOEHLER, CLARK HILL AND
FRANK PERRUCCI
Item #16B1
AN AFTER THE FACT APPROVAL OF THE SUBMITTAL OF A
COMMUNITY DEVELOPMENT BLOCK GRANT
APPLICATION TO COLLIER COUNTY TO FUND THE
BAYSHORE GATEWAY TRIANGLE CRA FIRE SUPPRESSION
INFRASTRUCTURE SYSTEM UPGRADE PROJECT IN THE
AMOUNT OF $344,300, THE CRA BOARD CHAIRMAN TO
EXECUTE THE SUBRECIPIENT AGREEMENT, IF GRANT IS
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June 11, 2013
AWARDED, AND ALL NECESSARY BUDGET AMENDMENTS
— DUE TO THE LACK OF FIRE HYDRANTS ON MANY
STREETS AND TO PROTECT THE AREA WITH PROPER
COVERAGE AND ADEQUATE PRESSURE AND VOLUME
Item #16B2
AFTER-THE-FACT SUBMITTAL OF A COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION TO
COLLIER COUNTY HOUSING & HUMAN SERVICES TO
AUGMENT THE BUSINESS SUPPORT, RESOURCES,
SERVICES AND TECHNICAL ASSISTANCE PROVIDED
THROUGH THE IMMOKALEE BUSINESS DEVELOPMENT
CENTER (IBDC) IN THE AMOUNT OF $140,000, THE CRA
BOARD CHAIRMAN TO EXECUTE THE SUBRECIPIENT
AGREEMENT, IF GRANT IS AWARDED, AND ALL
NECESSARY BUDGET AMENDMENTS — DUE TO TIME
CONSTRATINTS, STAFF WAS UNABLE TO OBTAIN BCC
APPROVAL PRIOR TO THE JUNE 5, 2013 SUBMISSION
DEADLINE
Item #16B3
A LEASE AGREEMENT WITH HODGES UNIVERSITY, INC.,
TO HOUSE THE IMMOKALEE BUSINESS DEVELOPMENT
CENTER AT A NOT-TO-EXCEED RENT EXPENDITURE OF
$600 THROUGH ITS TERM — OFFICE SPACE LOCATED AT
1170 HARVEST DRIVE
Item #16C1
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June 11, 2013
WAIVE COMPETITION AND STANDARDIZE THE
PROCUREMENT OF THE PROPRIETARY ODOR CONTROL
CHEMICAL AKTIVOX, PROVIDED BY SIEMENS
CORPORATION — DUE TO AKTIVOX BEING THE ONLY
PRODUCT AVAILABLE TO PROPERLY PERFORM THE
INTENDED FUNCTIONS
Item #16C2
A BUDGET AMENDMENT IN THE AMOUNT OF $535,994 FOR
DESIGN AND CONSTRUCTION SERVICES FOR AQUIFER
STORAGE AND RECOVERY WELL NO.2 OF THE IRRIGATION
QUALITY WATER AQUIFER STORAGE AND RECOVERY
PROJECT NO. 74030 — FUNDS TO BE USED FOR CYCLE
TESTING OF THE EXISTING ASR WELL NO. 1 AND FOR
DESIGN AND CONSTRUCTION SERVICES OF WELL NO. 2
Item #16C3
A WORK ORDER IN THE AMOUNT OF $708,934.50 TO
QUALITY ENTERPRISES UNDER REQUEST FOR QUOTATION
#08-5011-89 TO COMPLETE THE INTERCONNECT OF THE
LIVINGSTON ROAD SUPPLEMENTAL WELLS TO THE
COLLIER COUNTY IRRIGATION QUALITY WATER SYSTEM;
IQ WATER SOURCE INTEGRATION PROJECT NUMBER 74405
AND THE NECESSARY BUDGET AMENDMENT —
COMPLETING THE INTERCONNECTION BETWEEN THE
EXISTING 7 WELLS TO THE RAW WATER TRANSMISSION
LINE
Item #16D1
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June 11, 2013
FOUR (4) SIGNATURE AUTHORITY FORMS FOR SUBMITTAL
TO THE FLORIDA DEPARTMENT OF ECONOMIC
OPPORTUNITY FOR DISASTER RECOVERY GRANTS — FOR
THE FOLLOWING GRANTS: #07DB-3V-09-21-01-Z01, #08DB-
D3-09-21-01-A03, #10DB-D4-09-21-01-K09 AND #1 2DB-P5-09-
21-01-K39
Item #16D2
STATE HOUSING INITIATIVE PARTNERSHIP (SHIP)
RELEASE OF LIEN FOR OWNER OCCUPIED AFFORDABLE
HOUSING DWELLING UNIT THAT HAS BEEN REPAID IN
FULL — PART OF HABITAT FOR HUMANITY, 12180 FULLER
LANE, NAPLES
Item #16D3
FY13 PROGRAM OF PROJECTS AND THE SUBMITTAL OF A
GRANT APPLICATION THROUGH THE FEDERAL TRANSIT
ADMINISTRATION (FTA) TRANSPORTATION ELECTRONIC
AWARD MANAGEMENT (TEAM) SYSTEM FOR THE FTA, 49
U.S.C. § 5307 FY13 GRANT FUNDS ESTIMATED AT $2,857,524
— FOR THE MANAGEMENT OF THE COLLIER AREA
TRANSIT (CAT) SYSTEM
Item #16D4
FY13 PROGRAM OF PROJECTS AND THE SUBMITTAL OF A
GRANT APPLICATION THROUGH THE FTA
TRANSPORTATION ELECTRONIC AWARD MANAGEMENT
Page 238
June 11, 2013
(TEAM) SYSTEM FOR THE FTA, 49 U.S.C. § 5339 FY13 GRANT
FUNDS ESTIMATED AT $353,562 — FOR THE MANAGEMENT
OF THE COLLIER AREA TRANSIT (CAT) SYSTEM
Item #16D5
SUBMITTAL OF A GRANT APPLICATION THROUGH THE
FEDERAL TRANSIT ADMINISTRATION (FTA)
TRANSPORTATION ELECTRONIC AWARD MANAGEMENT
(TEAM) SYSTEM FOR THE 2012/2013 FEDERAL HIGHWAY
ADMINISTRATION (FHWA) FLEXIBLE FUNDS IN THE
AMOUNT OF $1,186,055 — FOR IMPROVEMENTS TO THE CAT
ADMINISTRATION, OPERATIONS & MAINTENANCE
FACILITY LOCATED AT 8300 RADIO ROAD
Item #16D6 — Continued to the June 25, 2013 BCC Meeting
(Per Commissioner Nance during Agenda Changes)
INVITATION TO BID (ITB) #12-5976 "GOLDEN GATE
MSTU/MSTD GROUNDS MAINTENANCE" TO HANNULA
LANDSCAPE & IRRIGATION INC — FOR ON-GOING
MAINTENANCE OF LANDSCAPING AND IRRIGATION
INSTALLED BY THE GOLDEN GATE MSTU WITHIN ITS
BOUNDARY
Item #16D7
INVITATION TO BID (ITB) #13-6090 "RADIO ROAD EAST
MSTU ROADWAY LANDSCAPE MAINTENANCE" TO
AFFORDABLE LANDSCAPING SERVICE & DESIGN, LLC —
FOR ON-GOING MAINTENANCE OF LANDSCAPING AND
Page 239
June 11, 2013
IRRIGATION INSTALLED BY THE RADIO ROAD EAST MSTU
WITHIN ITS BOUNDARY
Item #16D8
INVITATION TO BID (ITB) #13-6072 "VANDERBILT BEACH
MSTU ROADWAY GROUNDS MAINTENANCE" TO FLORIDA
LAND MAINTENANCE, INC. D/B/A COMMERCIAL LAND
MAINTENANCE INC. — FOR ON-GOING MAINTENANCE OF
LANDSCAPING AND IRRIGATION INSTALLED BY THE
VANDERBILT BEACH MSTU WITHIN ITS BOUNDARY
Item #16D9
INVITATION TO BID (ITB) #13-6092 PARKS AND
RECREATION DEPARTMENT SOFTBALL OFFICIALS —
PROVIDING OFFICIALS FOR THE ADULT SOFTBALL
PROGRAM
Item #16D10
PAYMENT OF A $10,902.38 INVOICE FOR THE PUBLIC'S USE
OF SOVEREIGNTY SUBMERGED LANDS AT GOODLAND
BOAT PARK AND SUBMITTAL OF THE 2012/2013 FLORIDA
ANNUAL GROSS INCOME REPORTING FORM TO THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION — IN ORDER TO MAINTAIN GOODLAND BOAT
PARK OPEN TO THE PUBLIC
Item #16D11
Page 240
June 11, 2013
A BUDGET AMENDMENT IN THE AMOUNT OF $91,188 FOR
CONTINUATION OF SERVICES AND GRANT FUNDS FOR
YEAR 2 FOR THE RETIRED SENIOR VOLUNTEER PROGRAM
(RVSP) FROM THE CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE — FOR THE SECOND YEAR GRANT
PERIOD OF 7/1/2013 TO 6/30/14
Item #16D12
AN AMENDMENT TO THE FY2012-2013 AGREEMENT
BETWEEN COLLIER COUNTY AND YOUTH HAVEN FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROJECT TO REMOVE COMPLETION OF THE SHELTER
EXPANSION — REMOVAL DUE TO UNFORESEEN
CONSTRUCTION ISSUES AT THE REQUEST OF YOUTH
HAVEN
Item #16E1
THE PURCHASE OF GROUP LIFE INSURANCE, ACCIDENTAL
DEATH INSURANCE, LONG TERM DISABILITY INSURANCE
AND SHORT TERM DISABILITY CLAIMS ADMINISTRATION
SERVICES IN THE ESTIMATED ANNUAL AMOUNT OF
$721,811, A REDUCTION OF $212,642 — EFFF'ECTIVE AUGUST
1, 2013
Item #16E2
ACCEPTING GRANT PROCEEDS FROM THE WALMART
COMMUNITY GRANTS PROGRAM IN THE AMOUNT OF $500
FOR THE HUG-A-TREE PROGRAM AND A BUDGET
Page 241
June 11, 2013
AMENDMENT — FUNDS FOR THE PURCHASE OF WHISTLES,
LANYARDS, CRAYONS AMD MATERIALS TO EDUCATE
CHILDREN ON HOW TO STAY SAFE IF LOST
Item #16E3 — Reconsidered; Item continued to June 25, 2013
AMENDMENT NO. 08 TO THE AGREEMENT WITH COLLIER
COUNTY DISTRICT SCHOOL BOARD FOR THE DRIVER
EDUCATION PROGRAM AND THE NECESSARY BUDGET
AMENDMENT — TO SUPPLEMENT DRIVER EDUCATION FOR
PUBLIC AND PRIVATE HIGH SCHOOL STUDENTS
Item #16E4
REPORTS AND RATIFY STAFF-APPROVED CHANGE
ORDERS AND CHANGES TO WORK ORDERS — FOR THE
PERIOD OF APRIL 18, 2013 THROUGH MAY 22, 2013
Item #16F1
RESOLUTION 2013-121 : AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2012-13 ADOPTED
BUDGET
Item #16F2
AN AMENDMENT TO THE DECEMBER 3, 2002
CONTRIBUTION AGREEMENT, RELATING TO THE SIERRA
MEADOWS DEVELOPMENT, BY PROVIDING THAT IMPACT
FEE CREDITS WILL RUN WITH THE LAND IN PERPETUITY,
Page 242
June 11, 2013
INTEREST FREE, UNTIL USED OR ASSIGNED AND
PROVIDING FOR ALLOCATION OF THE CREDITS AS
REQUIRED BY THE AGREEMENT — PROVIDING UPDATED
LANGUAGE AND IMPACT FEES IN THE AMOUNT OF THE
AVAILABLE RESIDENTIAL CREDITS ($60,841.58) BE
REFUNDED
Item #16F3
AUTHORIZING THE CHAIRWOMAN, AS A MEMBER OF THE
SOUTHWEST FLORIDA JOB TRAINING CONSORTIUM, TO
APPROVE THE SOUTHWEST FLORIDA WORKFORCE
DEVELOPMENT BOARD, INC., PROPOSED FY 2013/2014
BUDGET AS PROVIDED FOR IN THE WORKFORCE
INVESTMENT ACT SECOND AMENDED AND RESTATED
INTERLOCAL AGREEMENT FOR THE SOUTHWEST FLORIDA
JOB TRAINING CONSORTIUM — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16F4
DIRECT THE COUNTY MANAGER, OR HIS DESIGNEE, AND
THE COUNTY ATTORNEY TO PREPARE THE REQUIRED
PROGRAM AGREEMENTS WITH HAYNES CORPORATION
AND JL SOUTH PROPERTIES, LLC FOR THE FEE PAYMENT
ASSISTANCE PROGRAM, JOB CREATION INVESTMENT
PROGRAM AND THE JOB RETENTION INVESTMENT
PROGRAM, CONSISTENT WITH THE COMPANY'S
APPROVED INCENTIVE APPLICATION, FOR
CONSIDERATION BY THE BOARD OF COUNTY
Page 243
June 11, 2013
COMMISSIONERS AT A FUTURE MEETING — AS DETAILED
IN THE EXECUTIVE SUMMARY
Item #16G1 — Continued to the June 25, 2013 BCC Meeting
(Per Agenda Change Sheet)
STANDARD FORM LEASE AGREEMENT BETWEEN
SOUTHERN ILLINOIS CUSTOM AERIAL, LLC AND THE
COLLIER COUNTY AIRPORT AUTHORITY FOR IMPROVED
PROPERTY AT THE IMMOKALEE REGIONAL AIRPORT
Item #16H1
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDED THE NAPLES PRESS CLUB
LUNCHEON ON MAY 23, 2013. THE SUM OF $23 TO BE PAID
FROM COMMISSIONER FIALA'S TRAVEL BUDGET
Item #16H2
COMMISSIONER HILLER'S REIMBURSEMENTS REGARDING
ATTENDANCE AT FUNCTIONS SERVING A VALID PUBLIC
PURPOSE — CHILDREN'S ADVOCACY CENTER LUNCH
MEETING, FEBRUARY 27, 2013, AUDUBON COUNTRY CLUB
SPEAKER SERIES, MARCH 6, 2013, FGCU TOUR AND
LUNCHEON, APRIL 3, 2013, NAPLES EQUESTRIAN
CHALLENGE 3RD ANNUAL KENTUCKY DERBY PARTY, MAY
4, 2013, SCRIPPS HOWARD AWARD DINNER, MAY 9, 2013
AND GREATER NAPLES CHAMBER OF COMMERCE
ANNUAL DINNER, MAY 17, 2013, TOTALING $319.25
Page 244
June 11, 2013
Item #16J1
DISBURSEMENTS FOR THE PERIOD OF MAY 16, 2013
THROUGH MAY 22, 2013 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item #16J2
DISBURSEMENTS FOR THE PERIOD OF MAY 23, 2013
THROUGH MAY 29, 2013 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item #16K1
A SETTLEMENT AGREEMENT IN THE LAWSUIT ENTITLED
LOWE'S HOME CENTERS, INC., V. KOHL'S DEPARTMENT
STORES, INC., ET AL., FILED IN THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA (CASE
NO. 08-6373-CA) — RELATING TO THE INSTALLATION OF A
MEDIAN BETWEEN THE PARCELS
Item #16K2
ADVERTISING AN ORDINANCE FOR FUTURE
CONSIDERATION WHICH WOULD AMEND ORDINANCE NO.
2007-44, AS AMENDED, THE "COLLIER COUNTY
CONSOLIDATED CODE ENFORCEMENT ORDINANCE." —
RELATING TO THE SUPERIORITY OF A LIEN ON PROPERTY
IMPOSED BY AN ORDER OF THE CODE ENFORCEMENT
BOARD OR THE SPECIAL MAGISTRATE
Page 245
June 11, 2013
****Commissioner Henning moved, and carried unanimously that
the following items under the Summary Agenda be adopted
w/changes ****
Item #17A
RESOLUTION 2013-122/DEVELOPMENT ORDER 2013-01:
AMENDING RESOLUTION NO. 90-292 (DEVELOPMENT
ORDER 90-3, AS AMENDED) FOR THE HALSTATT/GREY
OAKS DEVELOPMENT OF REGIONAL IMPACT BY
PROVIDING FOR: SECTION ONE, AMENDMENTS TO
DEVELOPMENT ORDER BY (A) EXTENDING THE PHASE III
COMPLETION DATE, THE BUILD-OUT DATE AND THE
EXPIRATION DATE; AND (B) REVISING REFERENCES
REGARDING THE MONITORING REPORT REQUIREMENT;
SECTION TWO, FINDINGS OF FACT; SECTION THREE,
CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF
PREVIOUSLY ISSUED DEVELOPMENT ORDERS,
TRANSMITTAL TO DEPARTMENT OF ECONOMIC
OPPORTUNITY AND EFFECTIVE DATE. THE SUBJECT
PROPERTY IS LOCATED AT THE INTERSECTION OF
GOLDEN GATE PARKWAY AND AIRPORT-PULLING ROAD
IN SECTIONS 24, 25 AND 26, TOWNSHIP 49 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA. (PETITION DOA-
PL20130000492)
Item #17B
ORDINANCE 2013-43: AN AMENDMENT TO COLLIER
COUNTY ORDINANCE NO. 96-84, AS AMENDED (THE RADIO
ROAD BEAUTIFICATION MUNICIPAL SERVICE TAXING
Page 246
June 11, 2013
UNIT), TO INCORPORATE PROVISIONS TO FACILITATE
IMPROVEMENTS TO THE RICH KING MEMORIAL
GREENWAY WITHIN THE MSTU BOUNDARIES
Item #17C
ORDINANCE 2013-44: AMENDING ORDINANCE NO. 2001-73,
THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM
BILLING, OPERATING, AND REGULATORY STANDARDS
ORDINANCE, TO PROVIDE CLARIFICATIONS,
ADMINISTRATIVE CHANGES, AND CODIFICATION OF
EXISTING COUNTY ORDINANCES
Item #17D — Continued to the June 25, 2013 BCC Meeting
(Per Commissioner Nance during Agenda Changes)
APPROVE (1) AN ORDINANCE REPEALING AND REPLACING
ORDINANCE NO. 98-37, AS AMENDED; (2) A REVISED
IRRIGATION QUALITY WATER POLICY; (3) STANDARDIZED
AGREEMENTS FOR DELIVERY AND REUSE OF IRRIGATION
QUALITY WATER FOR MAJOR USERS AND FOR BASIC
USERS; AND, (4) A RESOLUTION AUTHORIZING THE CHAIR
OF THE BOARD OF COUNTY COMMISSIONERS TO
EXECUTE BOARD-APPROVED IRRIGATION QUALITY
Page 247
June 11, 2013
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4:35 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFJCIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
GEOR A. HILLER, ESQ, CHAIRWOMAN
ATTEST :.- `''
DWIGHT E. BOCK, CLERK
14
r
est as �`�'! ''
to a. 4
signature only.
These minutes approved by the Board on 3 U11 q I?) ,
as presented / or as corrected .
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC., BY TERRI LEWIS, COURT
REPORTER AND NOTARY PUBLIC.
Page 248