BCC Minutes 07/09/2013 R BCC
REGULAR
MEETING
MINUTES
JULY 9, 2013
July 9, 2013
TRANSCRIPT OF THE MEETING
OF THE BOARD OF COUNTY COMMISSIONERS
Naples, Florida
July 9, 2013
LET IT BE REMEMBERED, that the Collier 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 (Telephonic)
Fred Coyle
ALSO PRESENT:
Leo E. Ochs, Jr., County Manager
Jeffrey Klatzkow, County Attorney
Crystal Kinzel, Clerks Finance Director
Mike Sheffield, Business Operations Manager - CMO
Troy Miller, Manager of Television Operations
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
,1 I If
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
July 09, 2013
9:00 AM
Georgia Hiller - BCC Chairwoman; BCC Commissioner, District 2
Tom Henning - BCC Vice-Chairman; BCC Commissioner, District 3
Donna Fiala - BCC Commissioner, District 1; CRAB Vice- Chairman
Fred W. Coyle - BCC Commissioner, District 4
Tim Nance - BCC Commissioner, District 5; CRAB Chairman
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE
EXECUTIVE MANAGER TO THE BCC PRIOR TO PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
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July 9, 2013
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Beverly Duncan - Naples United Church of Christ
2. AGENDA AND MINUTES
A. Approval of today's consent agenda as amended (Ex Parte Disclosure
provided by Commission members for consent agenda.)
B. Approval of today's summary agenda as amended (Ex Parte Disclosure
provided by Commission members for summary agenda.)
C. Approval of today's regular agenda as amended.
D. June 11, 2013 - BCC/Regular Meeting
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July 9,2013
3. SERVICE AWARDS
A. 20 Year Attendees
1) Robert Nese, Pelican Bay Services
B. 25 Year Attendees
1) Tania Delgado, Transportation Engineering
4. PROCLAMATIONS
A. Proclamation designating August 10, 2013 as Spirit of'45 Day in Collier
County. To be accepted by Spirit of'45 committee members Peter Thomas,
Colonel Nick Hale, Peg Buxton, Myra Williams, Lois Bolin and Greg
Garcia. Sponsored by Commissioner Coyle.
B. Proclamation recognizing Dr. Philip Stansly for his research and efforts to
resolve the citrus greening disease problem to protect the citrus industry in
Florida and Collier County. To be accepted by Dr. Philip Stansly, Professor
of Entomology, University of Florida/Immokalee Research Center.
Sponsored by Commissioner Hiller.
C. Proclamation designating July 9, 2013 as Marla Ramsey Day in Collier
County in recognition of her many contributions to the community.
Sponsored by Commissioner Hiller.
D. Proclamation designating July 9, 2013 as Thomas E. Kuck Remembrance
Day in Collier County. Sponsored by Commissioner Hiller.
5. PRESENTATIONS
A. Recommendation to recognize Sonja Sweet, Benefits Analyst, Risk
Management, as the Employee of the Month for June 2013.
B. Presentation of the Collier County Business of the Month for July 2013 to
John R. Wood Realtors. To be accepted by Phil Wood.
6. PUBLIC PETITIONS
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July 9,2013
7. PUBLIC COMMENTS ON GENERAL TOPICS
Item 8 to be heard no sooner than 1:00 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
Item 9 to be heard no sooner than 1:00 pm unless otherwise noted.
9. ADVERTISED PUBLIC HEARINGS
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Collier County Planning Commission.
B. Appointment of member to the Environmental Advisory Council.
C. Recommendation to accept the Medical Director's self-appraisal and the
performance evaluations of members of the Public Safety Authority and to
conduct a performance evaluation for the Medical Director in accordance
with the terms of his contract.
11. COUNTY MANAGER'S REPORT
A. Recommendation to adopt a resolution establishing Proposed Millage Rates
as the Maximum Property Tax Rates to be levied in FY 2013/14 and
Reaffirm the Advertised Public Hearing dates in September, 2013 for the
Budget approval process. (Mark Isackson, Director, Corporate Financial
Planning and Mgmt Services)
B. This item to be heard at 11:00 a.m. Recommendation to reject the
response from Great Lakes Dock and Dredge (GLDD) to Invitation to Bid
(ITB) #13-6076R, "Collier County Beach Renourishment Project" and
postpone the hydraulic beach renourishment one to two years until
competitive market conditions stabilize. This option includes the possibility
of executing emergency truck haul renourishment as conditions warrant.
(Gary McAlpin, Manager, Natural Resources/Growth Management
Division)
12. COUNTY ATTORNEY'S REPORT
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July 9,2013
13. OTHER CONSTITUTIONAL OFFICERS
A. This item to be heard at 9:30 a.m. Presentation by the Clerk of the Circuit
Court regarding Audit Report 2013-5 Tourism Assets, Revenues, and
Expenditures Review (formerly Audit Report 2011-2).
B. This item to be heard immediately following 13A. Presentation by the
Clerk of the Circuit Court's Office regarding Interim Audit Report 2013-6
Tourism Department Limited Scope: Tourist Development Tax (TDT)
Revenue — Grant Applications Fiscal Year 2011-2012 (formerly Interim
Audit Report 2011-2A).
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
1) This item to be heard at 10:00 a.m. In conjunction with item 14.A.2.
Recommendation to direct the Airport Authority Executive Director to
modify the Immokalee and Everglades Airport operations by
September 2, 2013 to reduce the airport budget deficit and move the
Immokalee Regional Airport towards self-sufficiency, and for the
Executive director to develop an operations plan and financial review
report to achieve the following: (1) staff reduction plan at the
Immokalee Regional Airport from 5 FTE to 1.5 FTE and/or not
encumbering any more than $129,000 in burdened salaries for staff
and to provide a written feasibility analysis reducing Everglades
Airport staff level to .5 FTE; (2) Analyze adopting a ramp fee of$25
for Immokalee Regional Airport and a minimum fuel purchase of 5
gallons and other reasonable fee adjustments that might increase
revenues; (3) Adopt a single flowage fee for fuel regardless of volume
or fuel source; (4) Consider purchasing fuel for all airports as part of
the bid purchase price of the City of Naples Airport Authority if it
reduces price and is acceptable to their contractor; and (5) Implement
a pre-paid fuel card program to increase funds collected in advance,
eliminate full-service fueling and develop a related discount plan for
the $50,000 and $100,000 pre-purchase fuel cards. (Commissioner
Henning)
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July 9,2013
2) As recommended by Commissioner Henning, I am providing an
operations plan and financial review report to modify the Immokalee
and Everglades Airport operations by September 2, 2013 to achieve
the following: (1) staff reduction plan at the Immokalee Regional
Airport from 5 FTE to 1.5 FTE encumbering no more than $128,949
and moving the administrative secretary to a part-time position
available with the Airport Authority Administration to maintain
financial levels of service for all airports; (2) Reduce staff from 1 FTE
to .5 FTE at Everglades Airport and provide a feasibility analysis for
potentially reduced operations; (3) Analyze adopting a ramp fee of
$25 for Immokalee Regional Airport and its effects on airport usage
and move forward immediately with a minimum fuel purchase of 5
gallons; (4) Adopt a single flowage fee of 25 cents for fuel regardless
of volume or fuel source to increase revenues; (5) Review the ability
to end the fueling contract with World Fuels without penalty and
consider purchasing fuel for all airports as part of the bid purchase
price of the City of Naples Airport Authority if it reduces price and is
acceptable to their contractor and/or if prices are not lower remain
with World Fuels; and (6) Implement a pre-paid fuel card program
beginning in September to increase funds collected in advance and
develop a related discount plan for the $50,000 and $100,000 pre-
purchase fuel cards and analyze the level of full-service fueling that
would remain available by having a working General Manager and/or
staff provide this service with a reduced staff level.
3) Recommendation that the Board, Acting as the Airport Authority,
accepts the attached Inspection Results of KPK Management, Inc.,
which is now in compliance.
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Current BCC Workshop Schedule
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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July 9,2013
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to authorize the Clerk of Courts to release a
Excavation Performance Bond in the amount of$35,140 to the Project
Engineer or Developer's designated agent for Arthrex Commerce Park
PL20110000783.
2) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Esplanade at Hacienda Lakes
Phase One, (Application Number PL20120002539) approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security.
3) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Canopy, (Application Number
PPL-PL20120002575) approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
4) Recommendation to approve a Mediated Settlement Agreement with
property owner, Luis Del Risco, and a Stipulated Final Judgment to be
drafted incorporating the same terms and conditions as the Mediated
Settlement Agreement as to full and final compensation in the amount
of$68,000, and attorney fees and expert witness costs in the
combined amount of$38,762 for Parcel 127RDUE in the lawsuit
styled Collier County v. Annette Pocchi, et al., Case No. 10-2682-CA
(Collier Boulevard Project#68056). (Fiscal Impact: $52,332).
5) Recommendation to adopt a Resolution to hold a public hearing to
consider vacating a portion of the 10-foot Utility Easement located in
Lot 48, Royal Cove, as recorded in Plat Book 8, Page 13 of the Public
Records of Collier County, Florida, located in Section 15, Township
48 South, Range 25 East, Collier County Florida. [Application No.
AVPLAT-PL20130000978]
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July 9,2013
6) Recommendation to approve the release of the Utility Performance
Security Bond and Final Obligation Bond in the total amount of
$6,571.80 to the Project Engineer or the Developer's designated agent
for The Rookery at Marco Starter Hut, PL20110002788.
7) Recommendation to approve a budget amendment in the amount of
$1 6,797.11 to recognize and appropriate revenues from traffic
accident reimbursements in Landscape Project Fund (112), Project
#60076.1 (Traffic Accidents and Turnlanes).
8) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Veronawalk Townhomes Phase
Two, Replat, (Application Number FPPL20130000629).
9) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Naples Reserve, Phase I,
(Application Number PPL-PL20120002540) approval of the standard
form Construction and Maintenance Agreement and approval of the
amount of the performance security.
10) Recommendation to award Request for Proposal (RFP) #13-6062,
Annual Contract for Landscape Maintenance Vendors, and authorize
the Chairwoman to sign contracts with four vendors: Florida Land
Maintenance, Inc., Hannula Landscaping and Irrigation, Inc., Leo Jr.
Lawn and Irrigation Services, LLC and Signature Tree Care LLC.
11) Recommendation to adopt a Resolution to hold a public hearing to
consider vacating the 15-foot water easement as recorded in Official
Record Book 1543, page 1026, of the Public Records of Collier
County, Florida, also being a part of Section 1, Township 49 South,
Range 25 East, Collier County, Florida. (Petition VAC-
PL20130001023)
12) Recommendation to adopt a Resolution to hold a public hearing to
consider vacating a portion of the 10-foot drainage easement, being a
part of Lots 2, 3 and 4 of Lely Barefoot Beach, Unit Two, recorded in
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July 9,2013
Plat Book 15, pages 71 through 72 of the Public Records of Collier
County, Florida, also being a part of Section 6, Township 48 South,
Range 25 East, Collier County, Florida. (Petition VAC-
PL20130000419)
13) Recommendation to acknowledge and allow the owners of 2210
Vanderbilt Beach Road, LLC to proceed at their own risk with
alterations of existing non-conforming signage on their property for
new tenants, while seeking a variance from the existing sign
regulations.
14) Recommendation to approve and authorize the Chairwoman to sign an
Agreement between Collier County and the Wyndemere Homeowners
Association permitting improvements within County right-of-way and
insuring that the community will maintain the improvements in
accordance with the provisions of the Agreement.
15) Recommendation to adopt a resolution superseding Resolution 2013-
06 establishing the Collier County Growth Management
Division/Planning and Regulation Fee Schedule for development-
related review and processing fees pursuant to Section 2-11 of the
Collier County Administrative Code.
16) Recommendation to authorize a budget amendment in the amount of
$80,000 to support the FY2013 budget established for the Office of
the Hearing Examiner.
17) Recommendation to approve the prioritization of the first five
limerock roads for the purpose of limerock road conversion from the
Road Maintenance resurfacing program in the Road Construction -
Gas Tax Capital Fund 313 (Project #60128) and in the GAC Trust
Road Fund 606, at an estimated cost of$276,000.
18) Recommendation to approve the release of lien in the amount of
$40,412.20 for payment of$562.20, in the Code Enforcement Action
entitled Board of County Commissioners vs. Larry D. Shipman, Code
Enforcement Case Number CENA20110007164, relating to property
located at 4591 Pine Ridge Road, Collier County, Florida.
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July 9, 2013
19) Recommendation to authorize a counteroffer of$150,000 to the
business damage claim made by Circle K Stores, Inc., for Parcels
108FEE, 108TCE1 and 108TCE2 in the lawsuit styled Collier County
v. H & V Realty, et al, Case No. 13-CA-461 (U.S. 41 / Collier
Boulevard Intersection Improvement Project No. 60116) (Fiscal
Impact $150,000).
20) Recommendation to authorize a counteroffer of$350,000 to the
business damage claim made by Holiday CVS , LLC, for Parcels
116FEE, 116TCE1, 116TCE2 and 116TC3 in the lawsuit styled
Collier County v. RTG, et al, Case No. 13-CA-259 (U.S. 41/Collier
Boulevard Intersection Improvement Project No. 60116) (Fiscal
Impact $350,000).
21) Recommendation to direct the County Manager to prepare an
amendment to Ordinance Number 2009-22 to extend the state of local
economic emergency; tolling to May 12, 2014 the PUD time limits
and time limit extension requirements as found in Section 10.02.13.D
of the Collier County Land Development Code (LDC).
22) Recommendation to (1) find that the attached Option #3 ultimate at
grade improvement for the intersection of 951/Broken Back Road and
Immokalee Road is consistent with and fulfills a condition set forth in
the Heritage Bay PUD/DRI and accompanying DCA; and (2) direct
staff to negotiate a developer agreement which would implement
Option #3, and bring back to the Board for review and approval this
developer agreement, which would create a public/private coordinated
planning and construction concept for these improvements.
23) Recommendation to appoint Clarence Tears to the RESTORE
Evaluation Committee as an Alternate to Mayor Sammy Hamilton
representing Everglades City.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation to reject all bids received in response to Invitation
to Bid #13-6022 for Immokalee MSTU Roadway Landscape
Maintenance.
C. PUBLIC UTILITIES DIVISION
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July 9,2013
1) Recommendation to award Invitation to Bid #13-6102 Naples Manor
Phase I Water Main Replacement to Kyle Construction, Inc., for
$973,090.20 and authorize the Chairwoman to execute a County
Attorney approved contract.
2) Recommendation to approve a work order under Request for
Quotation #08-5011-91 in the amount of$256,130 to Haskins, Inc.,
for Underground Utility Contracting Services for Wastewater Pump
Station 312.21, Rehabilitation Project Number 70046, and to
authorize the necessary budget amendment.
3) Recommendation to approve a work order under Request for
Quotation #08-5011-92 in the amount of$399,193.12 to Quality
Enterprises USA, Inc., for Underground Utility Contracting Services
for Wastewater Pump Station 312.24 Rehabilitation Project Number
70046, and to authorize the necessary budget amendment.
4) Recommendation to approve a work order under Request for
Quotation #08-5011-95 in the amount of$474,026.50 to Haskins, Inc.,
for replacement of the sanitary sewer system serving the Regent Park
subdivision, Project Number 70043.
5) Recommendation to approve separate Work Orders to Douglas N.
Higgins, Inc., under the Fixed-Term Underground Utilities Contract
#08-5011, in the total amount of$500,039 for the replacement of air
release valves under Project Number 70044, Force Main Technical
Support, and to authorize the necessary budget amendment.
6) Recommendation to approve the Utility Easement Agreement with
CDC Land Investments, Inc., to accommodate the relocation of
Master Pumping Station 306.00 for a total cost not to exceed
$132,250, Project Number 70050.
7) Recommendation to approve the Utility and Access Easement
Agreements with Collier Land Development, Inc., and Minto Sabal
Bay, LLC, for the acquisition of the Utility Easements to
accommodate the construction of a wastewater force main for a total
cost not to exceed $18,300, Project Number 70044.
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July 9,2013
S) Recommendation to approve selection committee rankings and enter
into negotiations with Johnson Engineering, Inc., for a contract for
Request for Proposal No. 13-6078, "Utility Design Engineering
Services - U.S. 41 from Greenway Road to 6L's Farm Road," Project
Numbers 70045 and 73045.
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve an amendment to the Developer
Agreements with Habitat for Humanity of Collier County, Inc. for the
Neighborhood Stabilization Program 3 (NSP3); approve an
amendment to the NSP3 Action Plan to allow for the associated
Developer Agreement change in order to assure 100% grant
expenditure; and authorize a corresponding budget amendment.
(Fiscal Impact $428,000).
2) Recommendation to approve a US Department of Agriculture Control
of Agricultural Land Agreement for cattle management improvements
at Caracara Prairie Preserve.
3) Recommendation to award quote #13-6117R for the installation of
automated gate improvements at the Collier Area Transit facility at
8300 Radio Road to FA Remodeling and Repairs, Inc., in the amount
of$56,413.
4) Recommendation to approve an extension of Contract No. 11-5621
"Design for CAT Passenger Transfer Facility" with Atkins North
America, Inc., in order to add time to allow for final design,
permitting and construction services.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to award Invitation to Bid (ITB) #13-6089 to
Compass Construction, Inc., in the amount of$537,388 for
modification of the existing building at the Port of the Islands Marina
to accommodate Ochopee Fire District Station #61, Project #50069
and authorize the Chairwoman to execute the attached County
Attorney approved standard contract.
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July 9,2013
2) Recommendation to approve additions, deletions, and reclassifications
to the 2013 Fiscal Year Pay and Classification Plan made from April
1, 2013 through June 30, 2013.
3) Recommendation to approve an assumption agreement with Seminole
Tribe of Florida, Inc.; assume Contract #07-4180 "Gasoline and
Diesel Fuel" and ITB #10-5581 "Motor Oils, Lubricants and Fluids,"
and; waive purchasing policy to purchase gasoline and diesel fuel
from Seminole Tribe of Florida, Inc., without formal bidding, to refuel
County vehicles at the Seminole Tribe of Florida, Inc. commercial
refueling site at South Horseshoe Drive, and; retroactively approve
payment for all purchases made with Seminole Tribe of Florida, Inc.
since May 31, 2013.
4) Recommendation to accept reports and ratify staff-approved change
orders and changes to work orders.
5) Recommendation to approve and authorize the Chairwoman to sign an
amendment to Contract #08-5009 with Hyland Software Inc. for
continued support of the existing Sire Agenda, Electronic Content
Management System, and Electronic Plan Submittal System.
6) Recommendation to approve an aircraft liability insurance limit for
tenants engaging in aircraft hot refueling activities at Collier County
airports in the minimum amount of$1,000,000.
7) Recommendation to recognize and appropriate the revenues for
Special Services to the Facilities Management Department Cost
Center and approve all necessary Fiscal Year 2012-2013 Budget
Amendments.
8) Recommendation to approve and execute an Agreement to approve
the donation of equipment from Big Corkscrew Island Fire Control
and Rescue District to Golden Gate Fire Control and Rescue District
under the Golden Gate Estates Land Trust 1983 Agreement.
9) Recommendation to approve and authorize the Chairwoman to
execute a Settlement Agreement with the Florida Department of
Health to settle an administrative case captioned Florida Department
of Health v. Collier County (DOAH Case No.:13-001087) with
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July 9,2013
County agreeing to pay a $2,000 administrative fine and receive a
reprimand; however with no admission of liability.
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 adopt a resolution fixing the date, time and place
for the Public Hearing for approving the Special Assessment (Non-ad
valorem Assessment) to be levied against the properties within the
Pelican Bay Municipal Service Taxing and Benefit Unit.
3) Recommendation to approve a Change Order #5 to Contract #10-5541
with Paradise Advertising and Marketing, Inc. for Tourism Marketing
Services to reflect a requested increase for marketing services for the
Office of Business and Economic Development in the amount of
$75,000 and authorize the Chairwoman to execute the Change Order.
4) Recommendation that the Board of County Commissioners approve a
budget amendment in an amount up to $420,600, and approve
payment for detention services by the Florida Department of Juvenile
Justice (DJJ)
G. AIRPORT AUTHORITY
1) Recommendation that the Collier County Airport Authority grant the
Executive Director the authority to work with the Solid and
Hazardous Waste Management Department to obtain possible funding
to resolve a petroleum discharge cleanup at Marco Island Airport.
2) Recommendation that the Board of County Commissioners, acting in
its capacity as the Collier County Airport Authority, approve and
authorize the Airport Authority's Executive Director to execute the
attached Letters of Understanding with Phillips 66 for the airports to
be included, free of charge, in the Phillips 66-Branded Airport Dealers
Excess Liability Insurance Program.
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July 9,2013
3) Recommendation to approve the attached Travel Request in the
amount of$181 for the Airport Authority Executive to meet with the
Florida Department of Transportation in Bartow, Florida.
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 East Naples Kiwanis Club breakfast on June 7, 2013.
The sum of$10 to be paid from Commissioner Fiala's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to provide approval to designate the Sheriff as the
official applicant and point of contact for the U.S. Department of
Justice, Office of Justice Programs, Bureau of Justice Assistance
Edward Byrne Memorial Justice Assistance Grant (JAG) FY13 Local
Standard grant, authorize the electronic submission of the application,
accept the grant when awarded, approve associated budget
amendments and approve the Collier County Sheriffs Office to
receive an award and expend 2013 JAG Standard grant funds.
2) To obtain Board approval for disbursements for the period of June 13,
2013 through June 20, 2013 and for submission into the official
records of the Board.
3) To obtain Board approval for disbursements for the period of June 21,
2013 through June 27, 2013 and for submission into the official
records of the Board.
K. COUNTY ATTORNEY
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
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July 9,2013
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 disclaim, renounce and
vacate the County and the public interest in a portion of the Drainage Canal
Easement, recorded in Official Record Book 4385, page 3675 of the Public
Records of Collier County, Florida, also being a part of Section 19,
Township 50 South, Range 26 East, Collier County, Florida, and to accept
the Dedication and Conveyance of easement for access and maintenance.
[Petition VAC-PL20130000413]
B. Recommendation to adopt an ordinance amending 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.
C. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2012-13 Adopted Budget.
D. Recommendation to approve a budget amendment recognizing and
appropriating $128,900 of unbudgeted carryforward in the Museum
operating fund to initiate building repairs and provide enhanced services and
facilities for the public.
E. Recommendation that the Board enact the proposed ordinance amendments
for the purpose of effectively merging the Environmental Advisory Council
(EAC) into the Collier County Planning Commission (CCPC), and reducing
the membership of the CCPC from 9 to 7 members, with 2 members being
at-large environmental members.
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July 9, 2013
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 17
July 9, 2013
July 9, 2013
MR. OCHS: Madam Chairman, you have a live mic.
CHAIRWOMAN HILLER: Thank you, County Manager.
Good morning. I'd like to call this meeting to order. We're going
to begin with the invocation, led by Reverend Beverly Duncan from
the Naples United Church of Christ. Please rise.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE
REVEREND DUNCAN: Peace be with you all.
Grace-filled God, you have gathered this body in this place today
to do its work on behalf of the larger community in which we all live,
move and have our being.
We give you thanks for these officials and that larger community
of Collier County, as well as the much larger community of all your
people.
May these Commissioners be ever mindful in their governing of
a higher vision for those they represent, not unlike your dream for us,
Creator God. We pray for them discernment that is pure and not
clouded by personal motives. We pray that each one here be open and
fair in matters affecting all people of all colors, religions and origins.
Keep their senses alive to possibilities they may never have
noticed before. Grant them the kind of spirit that looks for blessings
in the business items, new ways of thinking and seeing and hearing,
and the kind of spirit that leans toward life in every decision they
make. Bless each of these elected leaders with strength, perseverance,
courage and joy this day. Amen.
CHAIRWOMAN HILLER: Before we begin the pledge, I'd like
to ask the County Manager to lead us in a moment of silence.
MR. OCHS: Thank you, Madam Chair.
If the audience and Commission would please join me in a
Page 2
July 9, 2013
moment of silent remembrance for Lynn Evans. Lynn was a friend
and county colleague who died suddenly yesterday. We're all
saddened and shocked by that sudden loss. She's a very dedicated
public servant; served this community with distinction for many,
many years. In fact, two weeks ago this very morning, as you can see
from the picture up on the video, she received her 25-year service
award.
So we do remember her fondly and we remember her always
with a smile on her face, and we're grateful for her contributions to
this community. We remember her and her husband Roger at this
difficult time. So if you'd please join me in a moment of silence.
(Silence.)
MR. OCHS: Thank you, Madam Chair.
CHAIRWOMAN HILLER: Thank you, County Manager.
Len? Our director, Len Price, will lead us in the pledge.
COMMISSIONER HENNING: She got promoted.
CHAIRWOMAN HILLER: Oh, did she?
COMMISSIONER HENNING: Yeah.
CHAIRWOMAN HILLER: Congratulations.
(The Pledge of Allegiance was recited in unison.)
CHAIRWOMAN HILLER: Thank you.
County Manager?
MR. OCHS: Good morning, Madam Chair and Commissioners.
Madam Chair, it may be appropriate at this point to check to see
if Commissioner Fiala is available to join us remotely for the meeting.
Item #1B
MOTION ALLOWING COMMISSIONER FIALA TO
PARTICIPATE IN THE MEETING TELEPHONICALLY —
APPROVED
Page 3
July 9, 2013
CHAIRWOMAN HILLER: Yes. Is Commissioner Fiala
available?
COMMISSIONER FIALA: Yes, I'm here.
CHAIRWOMAN HILLER: Commissioner Fiala, I'm going to
make a motion to accept your remote attendance due to extraordinary
circumstances. May I have --
COMMISSIONER FIALA: Thank you so much.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Thank you.
Is there any discussion?
(No response.)
CHAIRWOMAN HILLER: There being no discussion, all in
favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Commissioner Fiala, we're glad to have you on board.
COMMISSIONER FIALA: Thank you so much. Thank you for
including me.
Item #2A
APPROVAL OF TODAY'S CONSENT AGENDA (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA) — APPROVED AND/OR ADOPTED
W/CHANGES — APPROVED
MR. OCHS: Commissioner, these are the proposed agenda
changes for the Board of County Commissioners' meeting of July 9,
Page 4
July 9, 2013
2013.
First proposed change is to add Item 10.D to the agenda. It's a
recommendation that the Board of County Commissioners direct staff
to research the economic development tools, and those are outlined in
the executive summary, as part of the overall economic development
program for the county, and bring back recommendations to the board
in October of 2013. This is added at Commissioner Hiller's request.
The next proposed change is not on your sheet but it is a request
by Commissioner Henning to withdraw Item 14.A.1. That's under
your Airport Authority regular agenda.
You have a companion item of 14.A.2 that remains on the agenda
and will be a time certain item.
The next proposed change is to withdraw Item 16.A.13. That
item is withdrawn at staffs request.
The next proposed change is to move Item 16.F.3 from the
County Manager consent agenda to become Item 11.0 on the County
Manager regular agenda. That item is moved at Commissioner
Nance's request.
The next proposed change is to add Item 16.K.1 to the County
Attorney consent agenda. That has to do with a settlement reached in
the Smallwood Stores matter, and the County Attorney forwarded all
relevant documentation to the Board last week.
And the final proposed change is to move Item 17.D from your
summary agenda to its rightful place under 16.D.5, which is the public
services consent agenda. That was not an advertised item and did not
need to be.
Commissioners, we have several time certain hearings this
morning. The first is Item 13.A. That's a report from the Clerk of the
Court's agency on an internal audit, and that item will be heard at 9:30
a.m.
That item will be immediately followed by Item 13.B, which is a
second internal audit report from the Clerk's agency.
Page 5
July 9, 2013
Item 14.A.2 under Airport Authority will be heard at 10:00 a.m.
Item 11.B, it's the beach renourishment item, will be heard at
11:00 a.m.
And finally, not on your change sheet but Item 11.C, that was the
item moved from consent to regular by Commissioner Nance will be
heard following Item 10.D.
Then finally, Madam Chair, I know that Clerk of Courts Dwight
Brock is here this morning and would like to address the board on
Item 16.D.4 when you get to your consent agenda approval.
Those are all the changes I have, Madam Chair.
CHAIRWOMAN HILLER: Thank you very much.
If I may make one suggestion, we have a soccer team here with
us today. If everyone would look behind them, we've got our first
professional league here in Collier County, Adrenaline. And I know
that we were going to allow them to come forward and tell us what
they've done that's very special for us during public comment, but I'd
like to ask if we could move that as a presentation under 5 and make
that S.C. And it will be brief.
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: Thank you very much.
So we'll call 5.0 Adrenaline.
MR. OCHS: Okay.
CHAIRWOMAN HILLER: With an exclamation mark. Just
saying.
Thank you.
MR. OCHS: Very good.
County attorney?
MR. KLATZKOW: No changes.
CHAIRWOMAN HILLER: Any changes beyond what's been
listed?
COMMISSIONER HENNING: None for me.
CHAIRWOMAN HILLER: In that case, let's go ahead and
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July 9, 2013
proceed with the approval of today's consent agenda as amended.
We'll begin with ex parte disclosure.
Commissioner Coyle?
COMMISSIONER COYLE: I have no ex parte disclosure.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: I have none either.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: None.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: None.
MR. OCHS: Madam Chair, this is the portion of the agenda that
the clerk would like to address the board.
CHAIRWOMAN HILLER: And I also have no disclosures on
this item.
CHAIRWOMAN HILLER: Clerk, I understand you'd like to
discuss Item 16.D.4?
MR. BROCK: Yes, ma'am. I think county staff has been afraid
all week that I was going to come in here and lambaste them over this
particular item, but quite to the contrary.
Over the last year and a half we have had a great deal of contracts
that expired and they were being brought back before this Board,
some of which had statutory impediments for them to be continued.
That seems to have gone away. This is an example of one in
which the contract expired, the work had not been done, and this is the
first one I've really seen in this particular context in quite a while.
I'm bringing this forward to you to tell you this is an example of
how it's supposed to work. The County Attorney's Office, the county
manager's agency and the Clerk's Office got together, worked out a
solution that worked for everyone before it came before this board.
We didn't have any fighting that we've had in the past, we didn't have
the controversy that existed, and it works for everyone. And I just
wanted to thank the people that were involved for the work they've
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July 9, 2013
done.
(Applaud.)
CHAIRWOMAN HILLER: Absolutely fantastic. Really nice to
hear positive comments. Thank you.
MR. OCHS: We appreciate Mr. Dwight Brock's assistance in
this matter.
COMMISSIONER FIALA: Commissioner Hiller?
CHAIRWOMAN HILLER: Yes.
COMMISSIONER FIALA: This is Donna Fiala. I'm sorry, on
consent agenda, that's what we were ex parte-ing, right?
CHAIRWOMAN HILLER: Yes.
COMMISSIONER FIALA: I'm sorry, I have two. One of them
was 16.A.2, and I had correspondence and emails. And the second
one was 16.A.9, again, correspondence and emails.
CHAIRWOMAN HILLER: Thank you. So noted.
If there's no further discussion, may I have a motion to approve
the consent agenda as amended?
COMMISSIONER NANCE: Moved --
COMMISSIONER HENNING: Motion.
COMMISSIONER NANCE: Moved or seconded.
CHAIRWOMAN HILLER: Okay, so moved by Commissioner
Nance and seconded by Commissioner Henning.
All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #2B
Page 8
July 9, 2013
APPROVAL OF TODAY'S SUMMARY AGENDA AS AMENDED
(EX PARTE DISCLOSURE PROVIDED BY COMMISSION
MEMBERS FOR SUMMARY AGENDA) — ADOPTED
W/CHANGES
CHAIRWOMAN HILLER: The next item on the agenda is 2.B,
which is the approval of today's summary agenda as amended. We'll
begin with ex parte disclosure.
Commissioner Coyle?
COMMISSIONER COYLE: I have no ex parte disclosure.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: I have no ex parte disclosure.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: No ex parte.
CHAIRWOMAN HILLER: Commission Fiala?
COMMISSIONER FIALA: I have no ex parte on summary
agenda. I just have one little concern that I wanted to mention and
that is on the very last one on the CCPC, I'm fearful, I just want to
make sure we've put things in place to make sure that that -- and I
think we have some of them as far as the four vote goes, the super
majority vote goes to the extra people. I just wanted to make sure it's
not dominated by one faction or one special interest.
CHAIRWOMAN HILLER: No, that's so noted. Thank you.
COMMISSIONER HENNING: Move to approve the summary
agenda as amended.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
Page 9
July 9, 2013
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #2C
APPROVAL OF TODAY'S REGULAR AGENDA AS AMENDED.
— APPROVED AND/OR ADOPTED W/CHANGES
CHAIRWOMAN HILLER: The next item on the agenda is 2.C,
which is the approval of today's regular agenda as amended.
Is there any discussion?
COMMISSIONER NANCE: Move to approve.
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: Thank you.
There being a motion and a second, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Page 10
Proposed Agenda Changes
Board of County Commissioners Meeting
July 9,2013
Add On Item 10D: Recommendation that the Board of County Commissioners direct staff to
research the economic development tools(as outlined in the executive summary) as part of the
overall economic development program for the county and bring back recommendations to the
Board in October 2013. (Commissioner Hiller's request)
Withdraw Item 16A13: Recommendation to acknowledge and allow for 2210 Vanderbilt
Beach Road,LLC to proceed at their own risk in replace existing non-conforming signage on their
property,while seeking a Variance from the existing sign regulations. (Staff's request)
Move Item 16F3 to Item 11C: Recommendation to approve a Change Order#5 to Contract# 10-
5541 with Paradise Advertising and Marketing,Inc. for Tourism Marketing Services to reflect a
requested increase for marketing services for the Office of Business and Economic Development in
the amount of$75,000 and authorize the Chairwoman to execute the Change Order.
(Commissioner Nance's request)
Add On Item 16K1: Recommendation to approve and authorize the Chair to execute a
Settlement Agreement and Amendment in the lawsuit entitled Collier County et al v. Florida
Georgia Grove,LLP, et al, filed in the Twentieth Judicial Circuit in and for Collier County,Florida
(Case No. 11-1640-CA) and direct County staff to commence the process of vacating any claimed
public right-of-way or prescriptive easement interest to a portion of Mamie Street. (County
Attorney's request)
Move Item 17D to 16D5: Recommendation to approve a budget amendment recognizing and
appropriating$128,900 of unbudgeted carryforward in the Museum operating fund to initiate
building repairs and provide enhanced services and facilities for the public. (Staff's request)
Time Certain Items:
Item 13A to be heard at 9:30 a.m.
Item 13B immediately following 13A
Item 14A1 to be heard at 10:00 a.m.
Item 14A2 to be heard in conjunction with 14A1
Item 11B to be heard at 11:00 a.m.
7/9/2013 8:39 AM
July 9, 2013
Item #2D
JUNE 11, 2013 BCC/REGULAR MEETING MINUTES —
APPROVED AS PRESENTED
CHAIRWOMAN HILLER: The final item is the approval of the
June 11, 2013 BCC regular meeting minutes. Is there any discussion?
(No response.)
CHAIRWOMAN HILLER: There being no discussion, all in
favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #3A1
SERVICE AWARDS — 20 YEAR ATTENDEES — PRESENTED
MR. OCHS: Madam Chair, that takes you to item three, service
awards. We have two service awards to present this morning, if the
Board would kindly join us in front of the dais.
Commissioners, our first service award this morning, celebrating
20 years of service with Pelican Bay Services Division, is Robert
Nese. Robert?
(Applause.)
Item #3B1
SERVICE AWARDS — 25 YEAR ATTENDEES — PRESENTED
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July 9, 2013
MR. OCHS: And celebrating 25 years of service this morning,
with transportation engineering, Tania Delgado. Tania? (Applause.)
MR. OCHS: That concludes our service awards.
Item 4
PROCLAMATIONS (ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS)
Item #4A
PROCLAMATION DESIGNATING AUGUST 10, 2013 AS SPIRIT
OF '45 DAY IN COLLIER COUNTY. ACCEPTED BY SPIRIT OF
'45 COMMITTEE MEMBERS PETER THOMAS, COLONEL
NICK HALE, PEG BUXTON, MYRA WILLIAMS, LOIS BOLIN
AND GREG GARCIA — ADOPTED
MR. OCHS: Commissioners, that takes us to item four,
Proclamations. Item 4.A is a proclamation designating August 10th,
2013 as Spirit of '45 Day in Collier County. To be accepted by Spirit
of '45 committee members, Peter Thomas, Colonel Nick Hale, Peg
Buxton, Myra Williams, Lois Bolin and Greg Garcia. This item is
sponsored by Commissioner Coyle.
(Applause.)
MS. BOLIN: As they are taking this away, I really wanted to
thank the Commissioners for their support over the last four years.
Our sold-out breakfast for The Greatest Generation has over 350
people in the standing list. And we hope everybody visits us for Taps
Across America.
We're starting a push now to look to 2015, which is the 70th
anniversary of the ending of World War II. And most people don't
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July 9, 2013
know there is a World War 2 Heritage Trail Guide Book from the
State of Florida. And we're going to start working to get both of our
airports listed within Collier County, because they were developed
and built for World War 2.
So thank you and a special thanks to our greatest generation who
is responsible for the economic development of Collier County.
Thanks a lot.
(Applause.)
Item #4B
PROCLAMATION RECOGNIZING DR. PHILIP STANSLY FOR
HIS RESEARCH AND EFFORTS TO RESOLVE THE CITRUS
GREENING DISEASE PROBLEM TO PROTECT THE CITRUS
INDUSTRY IN FLORIDA AND COLLIER COUNTY. ACCEPTED
BY DR. PHILIP STANSLY, PROFESSOR OF ENTOMOLOGY,
UNIVERSITY OF FLORIDA/IMMOKALEE RESEARCH
CENTER — ADOPTED
MR. OCHS: Item 4.B is a proclamation recognizing Dr. Philip
Stansly for his research and efforts to resolve the citrus greening
disease problem to protect the citrus industry in Florida and Collier
County. To be accepted by Dr. Philip Stansly, Professor of
Entomology, University of Florida in the Immokalee Research Center.
This item is sponsored by Commissioner Hiller.
Doctor Stansly?
(Applause.)
CHAIRWOMAN HILLER: For those who couldn't hear the
little conversation we were having, we will not hold it against the
Doctor that he's with University of Florida, given that I feel very
passionately about Florida State. So like I said, thank you for your
contribution, notwithstanding.
Page 13
July 9, 2013
MR. STANSLY: Well, I love Commissioner Hiller, but I have to
say, Go Gators!
I just want to thank the Commission on behalf of the University
of Florida IFAS. But also all the other support that we're getting in
Florida from the Cooperative Extension Service from the growers that
we cooperate with and work with every day.
It's wonderful that there's a support for agricultural here in Collier
County, where agricultural is really so important.
And for those of you who aren't aware, the citrus industry right
now is in the throes of a life and death struggle with a disease that's
been transmitted by an insect. It's kind of like if we suddenly had
Dengue here in the swarms of mosquitoes, that's the way the citrus
trees are feeling these days.
And so we've made some progress in that we're still alive, the
industry has still survived in spite of some of the prognoses that we
received. But every day and every year is a struggle. Last year there
was a lot of fruit that ended up on the ground and we're very
concerned about that.
So we're dealing with that in many ways. And we also have a lot
of support from what we call the Citrus Research and Development
Foundation, and that's contributed by growers. So it's an effort of the
whole community. And we really appreciate the support of the
Commission. Thank you very much.
CHAIRWOMAN HILLER: Thank you. And thank you for all
you're doing for the industry.
(Applause.)
COMMISSIONER NANCE: I'd like to make one comment.
Dr. Stansly has been a stalwart out there at our research and
education center for many, many years. And together he and our
long-time ag. economist, Dr. Fritz Roka, our citrus researcher and
agent Monji, Dr. Monji Zekri, and our multi-county extension agent
Jean McAvoy have done a journeyman's work in trying to help us deal
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July 9, 2013
with this assault on our $2.2 billion compound economic agribusiness
industry that we have out there.
So we do thank you all for your dedication. It's a rare occasion
when we get to recognize you publically, because you're normally out
there in the trenches doing the good work, but thank you so very
much.
CHAIRWOMAN HILLER: Thank you.
(Applause.)
Item #4C
PROCLAMATION DESIGNATING JULY 9, 2013 AS MARLA
RAMSEY DAY IN COLLIER COUNTY IN RECOGNITION OF
HER MANY CONTRIBUTIONS TO THE COMMUNITY —
ADOPTED
MR. OCHS: Item 4.0 is a proclamation designating July 9, 2013
as Marla Ramsey Day in Collier County, in recognition of her many
contributions to the community. This item is sponsored by
Commissioner Hiller.
(Applause.)
CHAIRWOMAN HILLER: And I'd like to suggest since there's
so many people here that you work with, why don't we have a group
picture with you in the front and everyone behind so everyone can
share that as a memory.
COMMISSIONER COYLE: That's going to be a big group.
CHAIRWOMAN HILLER: It's going to be a big group.
COMMISSIONER NANCE: Maybe you should turn Marla
around and shoot the photo back that way.
CHAIRWOMAN HILLER: I know. Why doesn't everybody
come forward. Just have everybody come forward and we'll take a
nice group picture.
Page 15
July 9, 2013
MS. RAMSEY: Commissioners?
CHAIRWOMAN HILLER: Let's give everyone a minute to sit
down, Marla, then we'll go ahead and have you say a few words.
MS. RAMSEY: I don't normally stand at this podium.
CHAIRWOMAN HILLER: You're welcome to stand at the
other one, if you'd be more comfortable. Because I know that's where
you normally stood.
MS. RAMSEY: That's okay, change is good.
CHAIRWOMAN HILLER: It is. Go ahead.
MS. RAMSEY: Commissioners, 16 years ago when we were
building Sugden Park, Tom Oliff said to me that this community
expects more from us than just the norm. So I took that to heart. He
said go ahead and add something of value or a value added item to
every program or project that we do.
And I translated that back to the staff, and I told them that we
needed to make sure that everything we did, we did with passion and
that everything that we accomplished came with a wow.
And value added is more though than just fancy buildings and
trending programs. It's the young girl that stands at the top of the slide
looking down that dark tube at Sun 'N Fun with trepidation, not really
wanting to get in, but mom standing behind says you can do it. She
crawls into the tube, zips down to the bottom, greeted by her
grandfather, who gives her a high five for her accomplishment.
It's a small boy and his parents who are at DAS adopting a dog.
While they're in the lobby and filling out the paperwork, the dog is
wagging his tail excitedly, licking the boy in the face. The boy grabs
him around the neck, whispers you're going to be my best pal.
It's the father and son at Bayview who have come back from a
day of fishing at a nearby reef who are talking excitedly about their
day, but not what about they caught but what got away.
Commissioners, Public Services Division is about providing
places and programs to create memories. Memories are the value
Page 16
July 9, 2013
added. They're the wow and they're the reason for the passion.
I calculated that over 25 million people have come to a facility or
program or an event in Public Services Division in the last 16 years.
Millions and millions of memories have been created, and yet those
facilities are still here. So think of how many more will be created in
the decades to come.
I'm humbled by those numbers and the small part that I played in
helping our friends, our neighbors and our visitors to create memories.
Commissioners, thank you for the recognition, thank you for the
day, but mostly, thank you for the memory.
(Applause.)
CHAIRWOMAN HILLER: Marla, thank you for all you've done
to serve the citizens of Collier County.
And I have to say, I never thought a speech about Parks and Recs
could bring tears to my eyes, but I actually have them, you know,
starting to show up at the corner, and I'm afraid it will ruin my
mascara. So, I mean, that was very touching. Those are very, very
warm words. Thank you again.
Item #4D
PROCLAMATION DESIGNATING JULY 9, 2013 AS THOMAS
E. KUCK REMEMBRANCE DAY IN COLLIER COUNTY —
ADOPTED
MR. OCHS: Item 4.D is a proclamation designating July 9th,
2013 as Thomas E. Kuck Remembrance Day in Collier County. This
item is sponsored by Commissioner Hiller, to be accepted by Janet
Kuck and the family.
If you'd please come forward.
(Applause.)
CHAIRWOMAN HILLER: Before you sit down, can I ask that
Page 17
July 9, 2013
Stan and Fran and Jamie and Nick come forward and have a picture
also as part of this group.
Nick, could you come forward? Would you kindly say a few
words about Tom?
MR. CASALANGUIDA: Commissioner, I'm happy to say a few
words, but I think Stan should also take a moment because Stan
worked so close with him.
CHAIRWOMAN HILLER: Yep, I agree.
MR. CASALANGUIDA: I'll just share a short story that I
experienced with Mr. Kuck when I first started here about nine years
ago. I started out as a project manager attending a pre-application
meeting where Tom was there and Stan was there. The developer had
come in to do some work, and we were given advice on what to do
and how to modify the project. And we walked out of the meeting and
one of the staff members said, you know, our job is to regulate, not to
do the work for them. And I said okay. I mean, I'm new at the job.
And Tom asked me to come into his office and he said, shut the door.
And he said no, your job is to help the people. And he goes, continue
to provide advise like you did in the pre-application meeting, and
that's what we're here to do. And that's the fondest memory I have of
Tom. And, you know, from that day forward he earned my complete
respect as a professional in the community.
CHAIRWOMAN HILLER: Stan?
MR. CHRZANOWSKI: Yeah, this is going to be real -- Tom
was a gentleman. He treated everyone with respect. He was a true
professional and probably the most ethical man I dealt with. I can't
say any more, I'm sorry.
(Applause.)
CHAIRWOMAN HILLER: He will be sorely missed. He is the
first person I worked with at the county with you on all the flooding in
the Estates, and did we ever work together. He was the most
incredible man I have ever met. He indeed was a true professional and
Page 18
July 9, 2013
a very ethical and kind man. He'll be sorely missed.
MR. OCHS: Commissioners, if I could get a motion to approve
the proclamations this morning, please?
COMMISSIONER HENNING: Move to approve.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. OCHS: Madam Chair, you have a 9:30 time certain, but
you also have a couple presentation items, if the Clerk would indulge
us --
CHAIRWOMAN HILLER: I was going to --
MR. OCHS: -- for just a couple minutes.
CHAIRWOMAN HILLER: Would you mind? Thank you so
much.
MR. OCHS: Thank you.
CHAIRWOMAN HILLER: And if Commissioner Fiala was
here, she'd be passing me a tissue right now. But since she isn't, does
anyone else have one? No? Don't you have a tissue?
COMMISSIONER FIALA: I would try.
CHAIRWOMAN HILLER: Stop. Hang on a minute.
MR. OCHS: Commissioners, this takes us to Item 5,
presentations.
CHAIRWOMAN HILLER: You're so sweet. Thank you
Commissioner Coyle, that's very kind of you.
Item #5A
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July 9, 2013
RECOGNIZING SONJA SWEET, BENEFITS ANALYST, RISK
MANAGEMENT, AS THE EMPLOYEE OF THE MONTH FOR
JUNE 2013 — PRESENTED
MR. OCHS: Item 5.A is a recommendation To recognize Sonja
Sweet, Benefits Analyst, Risk Management as the Employee of the
Month for June, 2013.
Sonja, please come forward.
(Applause.)
MR. OCHS: Commissioners, Sonja's been an employee of the
county since 2007 working with our Risk Management Department.
She's been instrumental in working with our benefits management
plan contractor to guarantee that the county is compliant as the new
laws under the Affordable Health Care Act go into effect.
Sonja took on the responsibility of resolving a major prescription
drug issue with our provider when the county's account was moved to
a new platform.
She was recently responsible for reviewing the life and
short-term disability RFP to assure all the needs of the benefits areas
were addressed prior to the August 1 effective date.
Additionally Sonja's tasked with the administration of the
benefits portion our new employee orientation program.
She's a self-starter, takes a personal interest in assisting staff in
resolving their benefits issues, she's got outstanding customer service
skills, is totally committed to her customers, and that's just a few of
the reasons why she's most deserving of this award.
Commissioners, it's my honor to present Sonja Sweet, Employee
of the Month for June, 2013. Congratulations, Sonja.
(Applause.)
Item #5B
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July 9, 2013
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR JULY 2013 TO JOHN R. WOOD REALTORS.
ACCEPTED BY PHIL WOOD — PRESENTED
MR. OCHS: Item 5.B is a presentation of the Collier County
Business of the Month for July, 2011 (sic) to John R. Wood Realtors.
To be accepted by Phil Wood.
(Applause.)
MR. WOOD: Just a real quick comment.
I wanted you to know that the real estate community is working
hard to get values up, which of course helps individual homeowners
and your budget. Thank you.
CHAIRWOMAN HILLER: Thank you so much for your
contribution to the community.
Item #5C
PRESENTATION OF THE ADRENALINE SOCCER TEAM —
PRESENTED
MR. OCHS: Item 5.0 is an opportunity to present our new
Southwest Florida soccer team, Adrenaline. If you gentlemen would
please come forward to be recognized.
(Applause.)
MR. BUTZKE: Thank you, Commissioner Hiller for having us
here this morning. I just wanted to introduce myself. My name is Jeff
Butzke, I'm the owner and team president of the Southwest Florida
Adrenaline, the first sports franchise in Collier County history. That's
right, in the great history of Collier County we've never had a sports
franchise here.
We want to build this franchise to have the highest level of
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July 9, 2013
amateur soccer and hopefully in the near years have a professional
soccer team right here in Collier County.
We are a not-for-profit organization. We are looking forward to
this Saturday, the 9th -- the 13th, rather, today is the 9th -- the 13th at
6:00 p.m. at Barron Collier High School to have our first hopefully
annual Collier County Employee Night in which we will offer
half-price tickets to anybody who shows a county I.D. Normally we
charge $5.00 for a ticket, and for all county employees on Saturday we
will be charging 2.50. So we encourage all county employees to come
to our game. And as a special incentive, if a county employee has
somebody in their family who's 21 years or younger, because at every
game, after every game offer a Kick For Education in which we
guarantee a $1,000 college scholarship to be awarded to the young
man or woman who achieves the last person standing after kicking a
soccer ball down the field into a goal. And we hope that we see a lot
of young people at our game this Saturday.
It's offered at every home game that we've had. And to date
we've awarded over $10,000 in college scholarships to young people
here in Collier County. And our goal over the next five years is to
offer over $50,000 in scholarships to our youngsters here in Collier
County.
We are very proud to have as our coach John Robinson. He will
say a few words. John is a professional soccer player, played on the
Wales national team and had 18 years of professional soccer in
England. And John, why don't you say a few words.
MR. ROBINSON: Thanks, Jeff.
Thanks everyone for inviting us to do this presentation.
As Mr. Butzke said, this is the first semi-professional soccer
organization here. The probably easiest way we could say is it's
similar to the Everblades.
And it's exciting for me to have this opportunity, but also for the
area, just to identify what this means to soccer players in the area. For
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July 9, 2013
youth players now at boys level, there is a certain goal for them to
achieve something that can give them a professional career, if that's
their dream of becoming a soccer player. I had my dream and I was
very lucky to achieve it. But there's not many times you get an
opportunity in your own area, and someone like Mr. Butzke for the
financial side of thing in the county to -- with the grounds that we
have at Barron Collier to have these boys to have a goal to go to.
Starting five years of age all the way through.
Now, we are at the level just below the professional level. So 70
percent of the players that play on this league go on to become the
MLS draft, the Major League of Soccer. So it's not -- it's a very good
league.
And as we say, with the Kick For Education, there's not many -- I
don't think there's anybody that does what we do to give the
scholarships.
And also we have local talents. We have international players, as
you see here, Manny from Germany, Jason. And we also have two
very local talented players from FGCU.
So our goal is to bring international players for these youngsters
to see what it's like to possibly get to another level, to try and achieve
that, as well as our local talent. And this is also to help within the
FGCU college to attract these players, and we're starting to build up
those kinds of relationships.
So it's a huge, major thing and I'd like to thank you for inviting us
to give this presentation.
I was going to get the boys to speak, but I think they're a little bit
nervous, so we'll leave that. But thank you very much for letting us do
this presentation.
(Applause.)
CHAIRWOMAN HILLER: As you know, as a county we are
very committed to sports and to sports marketing and to promote
Collier County as a sports destination. So it's very exciting for us to
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July 9, 2013
have Adrenaline as our first team. And we congratulate you and we
want to thank you for recognizing Collier County and Collier County
government this coming Saturday night. It's a great way to end the
season for us and to start the summer. So thank you for all you're
doing for Collier County.
Item #13A
PRESENTATION BY THE CLERK OF THE CIRCUIT COURT
REGARDING AUDIT REPORT 2013-5 TOURISM ASSETS,
REVENUES, AND EXPENDITURES REVIEW (FORMERLY
AUDIT REPORT 2011-2) - PRESENTED AND DISCUSSED
MR. OCHS: Madam Chair, that moves us to our 9:30 a.m. time
certain hearing. It's Item 13.A, presentation by the Clerk of the Circuit
Court regarding Audit Report 2013-5, Tourism Assets, Revenues and
Expenditure Review.
Mr. Dortch, your Senior Internal Auditor will present. Ron, good
morning.
MR. DORTCH: Good morning, sir.
Good morning, Commissioners. My name's Ron Dortch, Senior
Internal Auditor with the Clerk's Office, here to present the results of
our internal audit, 2013-5, our review of tourism related asset
expenditures and revenues.
A copy of the final audit report has been distributed to you
previously. I've also prepared a presentation which can last about 15
minutes. If you'd like, I can go through the presentation or I can
answer questions, whichever you prefer.
CHAIRWOMAN HILLER: I think it would be worthwhile to go
through the highlights of the presentation, if you would.
MR. DORTCH: Okay. The presentation just brings out certain
findings from the report. It's not the entire findings, but it's ones that
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July 9, 2013
we wanted to definitely discuss with you today.
CHAIRWOMAN HILLER: So why don't you bring out the
highlights that you feel need to be discussed with the board so we can
engage in that discussion.
MR. DORTCH: Sure.
First just to let you know that the audit was part of the Clerk's
annual audit plan, that we did issue an engagement letter outlining our
objectives to county staff. And that this is a tourism related activity,
it's not just specifically the tourism department. We reviewed
processes involving revenues and expenditures which did cross several
different county departments. So this is not just an examination of the
tourism department, but also the process which could include like
county purchasing.
Our objectives for the review included verifying tourism
marketing contracts adhered to the county purchasing policy; that
tourism related expenditures met payment requirements, including if
they're eligible under the applicable contracts that they were properly
approved and supported. That the tourist development tax revenue or
the bed tax revenues were correctly calculated and allocated to the
specific funds.
We also verified the existence and accessory of the petty cash
fund assigned to the tourism department.
And then we also verified that fixed assets were properly
recorded.
The findings of our audit: The first finding we have is we looked
at Contract 06-4007, which is the tourism marketing services, and we
noticed that there were five change orders during the term of that
contract, which was approximately four years. But there were five
change orders that totaled $3.7 million. And the annual value of that
contract was roughly $2.35 million.
And the point that, you know, we bring this out is that if the
budget for the contract is insufficient or artificially low, that may
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July 9, 2013
dissuade vendors from actually bidding on this contract.
So the purpose for this finding was just that you may not be
getting the competition on the services that's out there. You may not
have vendors bidding on these services, so you may not be getting as
favorable terms or expanded services for the tourism promotion.
Second finding was under that same contract, 06-4007, the
hourly -- there were changes to the hourly rate schedule under that
contract. There were five additional positions that were added that
range from 50 to $100 an hour. And it was classified as a zero dollar
change order, which implies that it did not have a financial impact on
the contract. But when you add new services, new positions and new
rates, that does have a financial impact on the contract. So we wanted
to bring that to the Board's attention.
Also part of our review during our audit, the services were out for
bid. I believe that was -- it resulted in contract 10-5541. And we
reviewed the county's request for proposal, the winning vendor's
proposal and the final contract, and we noticed there were some
inconsistencies in a couple of categories, including the budget,
emergency funds, use of subcontractors and commission.
For example, in the budget the proposal was 2.1 million. The
vendor's proposal was 2.4 million and the final contract amount was
2.35 million. And we would expect to see that those budgets would be
the same.
For emergency funds, the proposal delineated the 1.5 million set
aside for emergency funds, but the vendor's proposal in the contract
were silent with regards to emergency funds.
The use of subcontractors: The proposal allowed for the use of
subcontractors, but it prohibited any markup in the services. And it
also required the vendors to provide a list of any subcontractors that
would be used on this.
As far as the vendor proposal in the contract, they were silent on
the subcontractors, other than that they were required to provide
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July 9, 2013
invoices when services were done.
As far as the commission is concerned, the request for proposal
stated that vendors were to either have a commission rate less than the
industry standard of 15 percent or have a flat administration fee.
The vendor proposal did not address any contract or for
advertising rate. And the tourism marketing contract itself had both a
flat agency fee for anything up to $2 million. And then charges above
the $2 million would be assessed a 15 percent contractor's fee. So
they had both, not one or the other.
The next finding that we had was expenditures were submitted by
vendors that were not in compliance with the contract terms. One
invoice was presented for payment under Contract 06-4007 for web
hosting and maintenance services. Well, those services were not
under the scope of work for that particular contract.
Then we started looking at the invoice for those services and
noticed that it was actually being done by a subcontractor. And then
that subcontractor had a separate contract with Collier County for
those exact same services.
Now, the invoice that was presented under Contract 06-4007 was
for a monthly rate of $350. Well, the separate contract that the
subcontractor had was $250 per month. So going back to the previous
comment about subcontractors and not having a markup, here's
evidence of a markup.
And then finally in the last sub little point, there was a separate
contractor with a photographer who provided a series of 30
photographs. When you look at the contract terms detailed in the
executive summary presented to the Board versus the contract terms in
the actual document, they were inconsistent. The executive summary
said the contract was for a three-year period at $30,000 annual at a
total cost of $90,000. Whereas in the contract itself, it was a one-year
period with two separate one-year renewals. And the expenditures
were $60,000 plus expenses, which could not exceed $10,000 per
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July 9, 2013
year.
So when it comes to making payment under the contract, we have
conflicting terms.
But just for the Board to rest assured, if you take the most
constrictive payment language in the contract and look at the
payments, they complied with that restrictive language. So there
weren't any illegal payments made under that contract. But I just
wanted to bring it aware to the Board's attention that if you have
conflicting language within the documents presented to the Board and
the actual contract, that can cause problems making payments.
Next, in 2010 a vendor made a donation that was not consistent
with TDC and BCC recommendations. This donation was part of a
change order under Contract 06-4007. It was is for a million dollars.
And the vendor approached the tourism director and said, you know,
since we're increasing services I would like to take a portion of the
funds from the commissions I'm going to receive off of this change
order and donate that back to the county. And the amount was
$100,000.
Well, the tourism director brought that to the Tourist
Development Council's attention in the meeting and the TDC
recommended that instead of that donation being used for future
advertising services that the donation be made to the Marco Island
Museum Exhibit Project.
On the very next day, the BCC meeting, when the Chairman was
asked how was this donation going to be applied, he responded that it
will be allocated $50,000 to the Marco Island Museum and $50,000
for advertising services.
Then in December of 2010 when the actual donation was
received from the vendor, $50,000 went to the Marco Island Museum
and $50,000 to the Freedom Memorial.
Now, we bring this to the Board's attention, not because we think
there's anything nefarious going on here, but when you look and see
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July 9, 2013
items for directions in public record and see something done
differently, that raises a red flag to internal audit.
And all we're suggesting here by this comment is that the that
Board craft a policy or amend an existing policy that addresses how
cash donations will be processed or handled. That's all we're saying by
this comment.
The next comment that we have is that there is a potential
appearance of a Code of Ethics violation. And this occurred in 2011.
The specific event we're talking about is a sitting Commissioner at that
time had dinner with a vendor the night before there was a pending
BCC item, which was an $800,000 change order.
Now you have an ordinance in place, I believe it's 2004-5, which
was subsequently amended to 2013-39 which basically says that
public officials are to avoid any conduct that gives the appearance of
impropriety.
COMMISSIONER COYLE: Could I ask a question, Madam
Chair?
CHAIRWOMAN HILLER: Yes, of course.
COMMISSIONER COYLE: Okay. On both of those issues, the
one just prior to that one and the one you just mentioned about ethics
violation, do you have a copy of the TDC minutes?
MR. DORTCH: Yes, sir, we do.
COMMISSIONER COYLE: Or for the meeting on --
MR. DORTCH: It would have been -- for the donation, it would
have been January 25th, 2010.
COMMISSIONER COYLE: Yes.
MR. DORTCH: Yes, we have a copy of those meeting minutes.
COMMISSIONER COYLE: Okay. It is my clear recollection
that the TDC said that that money belongs to Paradise Advertising and
they can do whatever they want for it and in fact refused to allocate it
for Paradise Advertising.
Now, if you have reached a different conclusion, I would like to
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- July 9, 2013
see that. I would like to see the backup material for your conclusion,
because I think you're reading of the minutes is incorrect.
Furthermore, in the issue about the potential appearance of the
Code of Ethics violation, you point out here that on January -- or July
25th, 2011 the owner of Paradise Advertising and marketing had
dinner with a sitting commissioner at the commissioner's home.
Would you please identify that commissioner for us?
MR. DORTCH: Sure, it was Commissioner Coletta. And we
spoke with both Commissioner Coletta and the vendor and they both
confirmed that the dinner meeting took place.
COMMISSIONER COYLE: Okay, thank you very much.
MR. DORTCH: Sure.
MR. BROCK: Commissioner, we have the minutes, if you'd like
them.
CHAIRWOMAN HILLER: If you have any comments, please
speak into the mic so it's properly recorded for the benefit of the
public. Thank you.
MR. DORTCH: In the donation comment, Commissioner Coyle,
the point of our comment is not that the county should or can't dictate
where the donation should go, that it is the individual or business who
is making donation, it is their right to do --
CHAIRWOMAN HILLER: No, it isn't. No, it is not. It is not
their right. That is completely incorrect.
MR. DORTCH: Well, you have --
CHAIRWOMAN HILLER: No, that is incorrect. Substantively.
MR. DORTCH: The point of our --
CHAIRWOMAN HILLER: -- and legally incorrect. No, I'm
sorry.
COMMISSIONER COYLE: I need to see the whole thing.
We've got a recording of it.
CHAIRWOMAN HILLER: Inappropriate side bar
communications here.
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July 9, 2013
COMMISSIONER COYLE: Faster, faster.
CHAIRWOMAN HILLER: Go ahead, Ron.
MR. DORTCH: Proceed?
CHAIRWOMAN HILLER: Yes, please.
MR. DORTCH: Okay. The next slide was just in support of the
conflict of interest, that this was a hot button item back in January
25th, 2011 at the Board meeting. Commissioner Coyle, yourself
quoted as saying, you know, any interactions between companies
bidding on contracts with commissioners is prohibited, and those
interactions would include meetings for introduction, luncheon,
dinners, and et cetera. And the failure to provide by the provision may
serve as grounds for disqualification for the award of the contract to
the firm. So this is just in support showing that this was an issue that
the Board was concerned with and paid appropriate attention to it.
Our last comment is regards to the petty cash fund. A $50 fund
was assigned to the tourism department. We did find that they were
not in compliance with the county policy. County staff made an
evaluation on the need of the fund and determined that it was not
necessary and have expressed an intent to return the petty cash to the
Clerk's finance by the end of the fiscal year.
In conclusion, you can see -- make sure the change orders
comply with the contract terms, contracts are consistent with
documents' scope of work. Expend -- review expenditures for
compliance with contract documents.
Again, BCC consider establishing consistent county-wide policy
addressing donations. And that county officials and staff just take the
necessary precautions to avoid any appearances of impropriety or
conflicts of interest.
County Manager was given the opportunity to respond to these
comments, and this slide is just a summary, an overview of their
responses. They had made some changes prior to our audit and during
the audit which includes updating solicitation documents to include
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July 9, 2013
historical spend; reporting all change orders to the Board; as I said,
returning the petty cash fund; and to continue work with the Clerk's
finance and internal audit departments to make sure corrections are
addressed.
So before I entertain any questions, I just want to say thank you
to Joanne Markiewicz and her purchasing staff and to also Jack Wert
and Kelly Green and their tourism staff for the cooperation and
assistance that they gave us during the review.
CHAIRWOMAN HILLER: Thank you.
MR. BROCK: Commissioners, I have one comment. My name
is Dwight Brock, I'm the Clerk of Court.
There was one of the findings dealing with all of the change
orders that were taking place. I do not by any stretch of the
imagination profess to be a marketing person. I'm a licensed attorney
and a CPA, but, you know, marketing is not in my background. But I
have been told by numerous people who are in the marketing field that
one of the things that they would be concerned about with what's --
this contract or these contracts that we were looking as was by
limiting the amount of the contract, you eliminate people entering into
the competition for the contract. By keeping the contract amount low
and doing all of these change orders, that you are in essence
eliminating the people who would participate in the process or who
would have an interest in the process. I'm not suggesting to you that I
know that to be the answer, I'm simply passing along what I have been
told.
One of the things we do note in our review is that as we go
through and look at this contract, it seems that every single year we
exceed and in many occasions appreciably exceed the amount of the
base of the contract. My suggestion is increase the contract to what
you anticipate that it will be on the outside and draft your contract in
such a way that it would be up to that amount in the future and you
may have more participation. I don't know the answer to that but it's
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something you need to think about as a policy decision.
COMMISSIONER HENNING: Can I comment?
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Thank you.
And I agree with that when we go out to bid. However, there's
no guarantee that it will go up that high because the marketing is
based upon the percentage of tax collected.
Furthermore, the -- we allocated more monies to it. But your
suggestion when we do go back out to bid I think is very prudent and
forward-thinking that we based upon up to, historically up to that.
CHAIRWOMAN HILLER: Absolutely.
MR. BROCK: And simply show the past experience over the
years so that they understand what the total expenditure over the years
has been. And, you know, then you have a pretty clear handle on
what you're looking at when you make -- when they make their
determination of whether they want to propose.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you very much.
Just a couple of quick questions. Number one, it says on this
audit report, and I appreciate all the work that the Clerk's Office has
done. You know, it helps us to do a better job, so I want to start with
that.
It says in here, formerly audit report 2011-2. What does that
mean, formerly?
MR. BROCK: When we sent out the engagement letter, it was
sent out with the number 11, that particular audit number. When we
arrange them in our website we had these telephone calls having --
people having problem finding the audit reports that we were
presenting to the Board. So I directed staff to renumber the audit
reports so that the last ones would show up at the top of the page. And
that's simply a renumbering of them so it would accomplish that
purpose, Commissioner.
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July 9, 2013
COMMISSIONER FIALA: Okay, great, thank you very much.
And then the second thing is on this -- on the petty cash it says
they -- I read this thing thoroughly, and it said that they had only I
think four expenditures it was from 2005 to 2009 or, you know, some
small figure like that. And so they then decided after seeing this and
they really didn't use that account that they were going to close that
account. My question is did they close that account?
MR. BROCK: They have not, I don't think, not at this point in
time.
COMMISSIONER FIALA: Okay.
MR. BROCK: I think maybe they did I'm being told now.
MR. OCHS: No, it will be closed out at end of this FY, which is
September 30th, Commissioner.
COMMISSIONER FIALA: Okay, fine, that's good.
I think that there's a lot of lessons to be learned here. But being
that these reports are a couple years old, I'm hoping that those lessons
have already helped us to -- or suggestions, let me say suggestions
from the Clerk's Office about how we can do a better job. And I'm
hoping that we follow that suit and continue to do so.
MR. BROCK: Commissioner, when I walked into the room
today and sat down, your employee Mr. Wert walked up behind me
and said, you know, thank you, you know, this has -- you helped us a
great deal. These two auditors worked very well with us.
That is something that I seem to sense going on in the entire
agency cooperation between the Board and the Clerk. So, you know, I
think we're moving mountains here as far as working together.
CHAIRWOMAN HILLER: I don't disagree.
I'd like to make a couple of comments. Yes, I think mountains
have been moved. If I remember back to this particular agenda item, I
couldn't even get a copy of the contract, the -- up until about 5:00 the
evening before this agenda item was to be heard the next day there
was that much resistance. We have a very different staff today for
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July 9, 2013
sure.
But to the end that you've made several comments which are very
important, I do believe we have to define policy on a number of
matters that have come to light as a consequence of this audit. And I'd
like to start with the issue of the difference in the terms between the
RFP, the vendor's proposal and the contract.
And when this was highlighted subsequent to the presentation to
the Board, the County Attorney's Office came back and came up with
a solution which I personally at that time and to this day find
unacceptable. And what the County Attorney's Office stated back
then, and I'm sure that this was driven by the old Board to essentially
accomplish the ratification of the approval of this particular contract,
was that if there is a conflict in terms between the RFP and the
vendor's proposal, the vendor's proposal will govern. And then if
there is a conflict between the vendor's proposal and the final contract,
the final contract would govern.
Well, there's a real problem with that type of treatment, because
in effect what happens is the contract that is approved at the end of the
day in no way matches the RFP, and all the other vendors that
competed and had conforming bids that matched what the RFP
provided were wrongly discounted in favor of a vendor that was in
effect a nonqualified bidder based on a nonconforming bidder
proposal.
And, quite frankly, had the other vendors known what was in fact
approved and how this was done, they would have had every right to
file a bid protest and it would have been validly supportable, based on
the facts as presented. We in effect had a nonconforming response,
and it was notwithstanding accepted.
So I think what has to be said as a matter of policy and should be
included in the purchasing ordinance which is coming forward is that
we do have to have consistency in fairness to all bidders that the --
that the vendor proposals do have to be consistent with the RFP in
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July 9, 2013
order to be considered accepted, and the contract also has to reflect
what the county has put out to bid.
So I would like to make that as the first recommendation and that
be incorporated in the purchasing ordinance. And that would be
directed to the County Attorney, county staff and the Clerk's Office,
all of whom are collectively working on that ordinance, and hopefully
will bring that forward by the fall.
The second issue is the policy with respect to donations. What
should happen across the board when a cash donation is made, if
someone would like to make a cash donation, it should be made to the
Board. The donor is welcome to recommend, but quite frankly what
has to happen is that the Board has to accept the donation without an
earmark and then by vote has to declare where the donation ought to
be directed, to avoid any sort of ethical issue.
So that also should be incorporated -- well, potentially that could
either be included in the purchasing ordinance or as a modification to
the ethics ordinance, but it might make sense to just include it in the
purchasing ordinance.
And lastly, the issue of these change orders is a very significant
one. We cannot, we cannot have the scenario that was described in
this audit occurring and as a result artificially exclude bidders that
otherwise might bid on a project. And without a doubt, you know, a
larger advertising agency is not going to bid on a smaller advertising
project. And a, you know, one -- going back to the numbers that you
cited, a -- what went out as a $2.1 million project changing into -- with
change orders amounting to 3.7 million is absolutely unbelievable and
is unacceptable. And there has to be, you know, some sort of a policy
develop to avoid this type of manipulation, in effect. And that goes
for all projects, not just these tourism projects.
So somehow between the County Attorney's Office, the Clerk's
Office and Leo's office, I would appreciate if you would figure out a
recommendation to avoid this from happening. These are very, very
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significant issues.
MR. BROCK: May I respond to --
CHAIRWOMAN HILLER: You may.
MR. BROCK: -- the comment?
The first comment is, a nonconforming proposal is a factual
determination that has to be made by this Board.
CHAIRWOMAN HILLER: Absolutely.
MR. BROCK: Once that determination is made that it is --
you're considering the proposal, then you're going to establish a
contract. The terms of the contract are going to be what controls --
CHAIRWOMAN HILLER: Absolutely.
MR. BROCK: -- in terms of the Clerk's Office.
I don't care what's in the proposal or what is in the request. The
terms of the contract are going to be what we look to. We will
obviously look to conformance of the bid process as best we can. But
I mean, the further you get removed from that contract, it makes it
much more difficult for us to do anything. But we will be more than
happy to work with Jeff and with Leo in trying to come up with
something to try to resolve that.
What was your second one?
CHAIRWOMAN HILLER: Well, I just want to go back and
comment on what you just said.
And you're correct, your objective versus what our objective is
are very different. And as a consequence, your statement with respect
to your office is correct.
The second thing that I addressed was the donation policy.
MR. BROCK: Oh, the donation policy. I don't think -- I think at
the direction of the Finance Director we don't take money unless it's
been approved by the Board anymore.
The legal definition of a gift, which that is, donation is nothing
more than a gift, is offer and acceptance, which means that the party
must offer. The party that will receive has to accept. And as a
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July 9, 2013
consequence, without there being an acceptance by the Board of
County Commissioners, it is our policy at this point forward and has
been for some time, I think, we do not take the cash. It's not out of the
Board of County Commissioners' funds until such time as the Board of
County Commissioners has accepted it.
Obviously once that acceptance occurs, the Board of County
Commissioners has the absolute and total discretion of how that
money is spent. So that determination vests solely with this body
politic.
Of the issue with change orders, you know, Commissioners,
change orders in Collier County government is something that I have
screamed at the top of my lungs for the last 20 years. And we
continue to have them.
You know, unless it violates a statutory requirement, there is a
great deal of discretion afforded this public body in making contract
and changing contracts. It makes it very difficult for everyone
involved when you go through that process.
But we all know we're not perfect. There has to be some
flexibility there. But the degree of flexibility that is afforded today, in
my opinion -- and, you know, my opinion and the cost of a cup of
coffee will get you a cup of coffee -- is that we do way too much of
that. But that's a policy decision that must be made by the Board.
CHAIRWOMAN HILLER: And I would like to see
recommendations to solve that problem, because -- and this doesn't
just --
MR. BROCK: And that is a perfect issue to be addressed in the
purchasing policy.
CHAIRWOMAN HILLER: And the concern that I have is that
it's not only with respect to this contract, but take for example a
construction contract, hypothetically, where someone intentionally
underbids and in the back of their mind they know that staff will be
lenient towards change orders, they are already anticipating change
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July 9, 2013
orders, and they know that ultimately, you know, they'll probably
come in having made, you know, a price equivalent to maybe one of
the higher bidders. Seriously a problem.
MR. BROCK: Commissioners, I've actually had vendors walk
into my office and make the comment to me, and I don't know that
this is true, but they have made the comment to me that there are
certain contractors that deal with the county who actually have staff
people that go out and look at the proposals and make a determination
of what the change orders are going to have to be to get it to be
functional and use that in the process of evaluating their bid.
I don't know that that's true, but I have had people tell me.
CHAIRWOMAN HILLER: If you've had people tell you that,
please communicate that directly to the County Manager and
investigate whether there is any truth to that.
MR. BROCK: Sure.
CHAIRWOMAN HILLER: Because that is a rumor that can't be
ignored.
Commissioner Coyle?
COMMISSIONER FIALA: I have a couple of questions. I'm
sorry, but I can't push a button.
CHAIRWOMAN HILLER: That's all right, go ahead,
Commissioner Fiala.
COMMISSIONER FIALA: Okay, I totally agree with what
you've been saying. I definitely feel that some of these things need to
be reined in. But I have a couple of questions about it.
For instance, as you're deciding how change orders should be
addressed in the future, especially when in the tourism department
when say for instance this summer, and I hope I'm not predicting
anything, say for instance we have some really bad weather or even
hurricanes that affect the tourism department and they have to quickly
scramble to bring out emergency dollars in order to try and bring
people back, as they had to do a couple of years ago with the Gulf oil
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July 9, 2013
spill. That probably needs to be worked in there also. You can't just
CHAIRWOMAN HILLER: Absolutely.
COMMISSIONER FIALA: -- predict that you need two million
extra dollars every year when you don't. Yet there's got to be a way to
handle those emergencies.
And then the second question I had was regarding donations.
Say for instance maybe they're not cash donations, like for instance
Home Depot realizes that shade structures are needed at Eagle Lakes
Community Park and they offer to build shade structures and seats.
There aren't many places for parents to sit to watch their kids.
So how would that -- like you said, it shouldn't be designated to
one area, but that's where it's needed and that's where we've done it so
far. Is that now not acceptable when a need is being filled at a certain
location?
CHAIRWOMAN HILLER: Oh, no, no, you can -- and what
would happen, Commissioner Fiala, is that we as a Board -- like, for
example, you would make a motion to accept Home Depot's donation
as a general donation, and you make the motion that you would like
that donation to be allocated to that specific park and then we as a
Board vote to accept that.
But the decision as to where it should go has be the Board's to
avoid any ethical question.
COMMISSIONER FIALA: And that's understandable. But
what if somebody says, well, I don't want it to go to that park, I want it
to go to a different park?
CHAIRWOMAN HILLER: We would never ever refuse your
equipment at the park.
COMMISSIONER FIALA: Great, okay. Because I'm covering
some bases now that I'm hoping will see take place in the future.
CHAIRWOMAN HILLER: Sure, that makes perfect sense.
Commissioner Coyle?
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July 9, 2013
MR. BROCK: Before we move from that issue, may I respond to
her first issue?
CHAIRWOMAN HILLER: Sure.
MR. BROCK: The first issue was emergency situation. The way
your contract is structured right now, it actually is set up so that it's 15
percent of up to $2 million, okay. That's a flat fee that is paid,
regardless of the amount of services that we use.
For example, if you use one dollar of services, you're going to
pay $300,000 for those one dollar's worth of services. Anything
above that, then you pay 15 percent.
$300,000 of two million is 300,000. So you're basically telling
them that we are anticipating that it will be of somewhere in the
neighborhood of two million, okay. Follow me?
COMMISSIONER FIALA: Yes.
MR. BROCK: And we're going to pay the 300,000 regardless of
what we have spent. Anything above the 200,000 then we are going to
pay 15 percent.
Increase that to be a realistic number, or create your contract such
that it's not to exceed, and that will solve your problem, I think,
Commissioner.
COMMISSIONER FIALA: Okay, good. Okay, so I think that
that gives our people a target to hit. Good.
MR. BROCK: I mean, just remove the 200,000.
CHAIRWOMAN HILLER: 300,000.
MR. BROCK: Or 300,000.
CHAIRWOMAN HILLER: Can we please allow Commissioner
Coyle to speak?
MR. BROCK: Well, 300,000 is the service fee.
CHAIRWOMAN HILLER: Clerk?
MR. BROCK: Yes, ma'am.
CHAIRWOMAN HILLER: I'm going to call -- who am I
supposed to call?
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July 9, 2013
MR. BROCK: Commissioner, I interrupted Commissioner
Coyle.
CHAIRWOMAN HILLER: Right. He wants to speak. He's
been patiently waiting.
COMMISSIONER COYLE: The police officer should escort
him from the room.
I'd just like to make a couple of comments so that there's a clear
understanding of some of the problems. Let's start with donations.
It would be absolutely unethical for the Board of County
Commissioners to accept a recommendation -- or a donation from
somebody who says they want to give it to a museum or they want to
give it to the Freedom Memorial and we accept it and use it for
something else. The decision should be made by the Board of County
Commissioners to accept the money for those particular designated
funds. If we don't like it, we don't accept the donation. So we
certainly must allow people who wish to make a donation for a
specific purpose to identify the purpose when it comes to the Board of
County Commissioners for acceptance. And then we have the
responsibility of either accepting it or not accepting it. It's that simple.
So we cannot keep people from earmarking their donations and their
recommendations to the Board of County Commissioners.
Now, the RFP verses a contract. I fully agree that the contract
must prevail. There are too many instances when we put out RFPs
where we cannot anticipate the capabilities of the bidders. And some
bidders can bid on that contract, meet all of the requirements for the
RFP but propose more efficient methods of achieving the goal that
we're looking for. And as a result, we should be able to accept that,
even though it is not spelled out in the RFP. If it is to the benefit of the
public, then we should be able to accept that and write it into a
contract, provided it achieves the goal of the REP.
And then the other item is change orders. And I don't argue that
change orders sometimes appear to be sometimes excessive. But an
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July 9, 2013
example that has led us into difficulty in the past is that our records of
utilities are not always accurate. Utilities that were installed 40 years
ago or 50 years ago are sometimes not accurately located. And so
when we begin improving an intersection and we find out there are
utilities there that have to be relocated and we didn't know they were
there, it causes a significant increase in the overall contract.
So what are we to do, stop the intersection and put out another
bid for the utilities to be relocated? There has to be flexibility under
those circumstances. But it's something that should be brought back
to the Board if it exceeds the normal allowance.
So -- but there are reasons why contracts and change orders
exceed the original estimates. And in most cases they're justifiable
reasons. So that's it.
Now Mr. Brock can start talking again.
CHAIRWOMAN HILLER: Thank you, Commissioner --
MR. BROCK: May I respond to his?
CHAIRWOMAN HILLER: Of course.
MR. BROCK: While I agree totally there are circumstances then
which change orders are necessary. The only comment I am making
about that is that they are used in many, many, too many instances in
Collier County in which that is not necessarily the case, in my
personal opinion. Again, my opinion and the price of a cup of coffee
will get you a cup of coffee.
As it relates to the issue of the donations, absolutely, you can in
fact accept the donation conditionally upon it being used by the Board
of County Commissioners at any point in time in the future. You can
overturn that and use it for whatever they want to.
I do not think that you could conditionally accept it and it be
considered an asset of the county.
You have to accept it. I think at that point in time the
methodology by which it would get expended is totally within the
hands of the Board of County Commissioners that is making that
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July 9, 2013
decision when it is in fact a cash contribution. So current Board
cannot preclude a future board from changing its mind. So that's the
only point I wanted to make there.
With regard to the donations of the equipment, capital items are
required to be approved by the Board of County Commissioners. My
policy, contrary to cash items, but we won't take the cash items
anymore. So I think most of that is solved in that issue.
Did I answer any of your questions, Commissioner?
CHAIRWOMAN HILLER: Commissioners, County Manager
Ochs would like to say a few words. I know that you had your light
on, Commissioner Nance. Is that all right?
COMMISSIONER NANCE: Sure.
MR. OCHS: I'm sorry ma'am, just on the subject of change
orders as it relates to this audit, I thought since we were talking about
that subject it would be instructive to go back and put this somewhat
in context.
Remember that these large change orders were the result of
Board directed reallocation of budgets during economic emergencies
or the BP oil spill, for example, notwithstanding all of the good
comments and suggestions made about management of the change
order process. I think in this particular case -- in fact I know in this
particular case that the Board of County Commissioners directed these
change orders based on recommendations from the Tourist
Development Council to help increase the destination marketing effort
for those years either due to economic downturn or some catastrophic
unforeseen event. And after those changes were directed the budgets
were amended and at no time did your purchasing staff exceed the
budget authority for those given contracts once they were reallocated.
CHAIRWOMAN HILLER: Thank you for that clarification.
I think what's worthy of note, if I may comment, one second, I'd
like to comment, is what the Clerk said earlier and that is you need to
look at the trend. Like for example in that year you were looking at a
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July 9, 2013
contract that went out, you know, I guess for -- I mean, I don't have
the numbers in front of me. Let's say hypothetically, two and a half
million, including, you know, one and a half. The emergency was
already anticipated when the contract was let. The emergency funds
was a $1 million and the basic contract was let's say 1.5, but we
notwithstanding had change orders that went to 3.7.
So I think while it is true there was an emergency situation, that
had already been anticipated in the bidding process.
And again, going back to what the Clerk said, you have to look
back at the history of what this total contract was. The year prior to
that it was four million and it was let as like again one and a half
million. And, you know, my memory may not be accurate on point
but it can be easily researched.
So, you know, if it's obvious that year after year you're really
looking at a four to $5 million contract rather than a one and a half
million dollar project with potentially a million dollar emergency, then
what we're really looking at letting is a $5 million contract.
MR. BROCK: Up to.
CHAIRWOMAN HILLER: Or up to, like Commissioner
Henning pointed out. But thank you for the clarification.
Did you still want to comment?
MR. BROCK: I justed wanted to make sure everyone
understood that I was not questioning the change orders that were
being made. I mean, they may be perfect legitimate, but they seem to
be perfect legitimate every year. Therefore they need to be
contemplated in the original contract so that everybody is looking at
the same nut, so to speak.
CHAIRWOMAN HILLER: Correct.
Commissioner Nance?
COMMISSIONER NANCE: Yes, I just wanted to make a
couple of comments, and I think a great deal of this has already been
said.
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July 9, 2013
But, you know, the pattern of change orders that was presented
by the Clerk here shows that in 2008 we had additional marketing
expenditures of 700,000. In '09 it went to 900,000, and '10 it went to a
short $2 million. And, you know, these marketing programs are
planned expenditures of money. And I start to get pretty
uncomfortable when year after year the change orders are somewhere
between 30 and 50 percent.
That's not to say that we don't have an emergency, but I believe
this is an example, you know, we've been doing business with
Paradise Advertising and Marketing for a decade. They're obviously a
firm that has a great deal of resources and they appear to achieve good
results. They're certainly a vendor with which we are familiar and that
is a long established and certainly at this point a Collier County
favored vendor. And I believe that excessive familiarity leads to bad
management over time. I believe that we need to take a step back and
examine closely our relationships with our long-term vendors and we
always need to be functioning at arms length with them.
And I think a lot of concerns and a lot of the observations in this
audit as a whole bring that out. I don't think it's in our best interest to,
you know, basically cultivate evergreen relationships and contracts.
And those have come up in other discussions as well.
So I think it's worthy of note and we need to be paying attention
how we're conducting ourselves in our planning and our management.
MR. OCHS: Yes, sir. This is not an evergreen contract, just for
the record.
CHAIRWOMAN HILLER: Would you like to proceed to the
next audit? Our court reporter probably needs a break, so I didn't
know how long --
MR. BROCK: It's real brief, Commissioner.
CHAIRWOMAN HILLER: Court Reporter, is that okay with
you if we take a few minutes to finish it?
THE COURT REPORTER: Yes.
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-July 9, 2013
CHAIRWOMAN HILLER: All right, so go ahead and present.
Item #13B
PRESENTATION BY THE CLERK OF THE CIRCUIT COURT'S
OFFICE REGARDING INTERIM AUDIT REPORT 2013-6
TOURISM DEPARTMENT LIMITED SCOPE: TOURIST
DEVELOPMENT TAX (TDT) REVENUE — GRANT
APPLICATIONS FISCAL YEAR 2011-2012 (FORMERLY
INTERIM AUDIT REPORT 2011-2A) - PRESENTED AND
DISCUSSED
MR. OCHS: Next audit is Item 13.B, it's a presentation
regarding the Interim Audit Report 2013-6, Tourism Department
Limited Scope, Tourist Development Tax Revenue, Grant
Applications for Fiscal Year 2011-2012. Ms. Megan Gaillard will
present.
MS. GAILLARD: Megan Gaillard, for the record.
We had a separate piece of the audit that we broke out because it
was urgent at the time in 2011 and '12. It was for the revenue grant
applications provided with the tourism dollars.
We reviewed the different grant applications for the pending
agenda items for the ones that had come from past and we were
reviewing the year that was current.
The funds for the tourism, we reviewed the tourism promotional
expenditure pieces, which is the Category B under the Ordinance
92-60, as amended, and we also looked at Category C-2 and C-1 for
the museums.
We detected that the Florida Statute is more restrictive than the
Collier County ordinance for Category C. In the statute it requires
money go to publicly owned and operated museums or museums that
are owned and operated by nonprofits, which has caused a few issues
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July 9, 2013
with the different grant applications.
The County Attorney's Office has worked with us, they have the
amendments for the next ordinance ready to go through, but it will
wait till the next ordinance update.
The application submitted to the Tourism Department didn't
contain all the required documents from the nonprofit entities applying
for funds, including IRS determination letters, financial statements,
letters of commitment, income and expense details, charters, articles
of in corporations and bylaws. In many instances they were missing.
The tourism department did go back for that year and say that they
obtained the documents necessary for the grant applications, but
without those documents you can't determine if it is an accurate choice
by the requirements.
The Friends of Rookery Bay had received a prior agreement for
funding under Category C-2, which all payments were held because
the entity was not qualified under C-2. They didn't own or operate the
reserve. They provided services for promotional and marketing
expenditures, but the State of Florida owns the reserve and the State of
Florida operates the reserve, so the funding source was corrected. So
instead of it being a C-2 award, it became a Category B under
promotion of tourism.
The Holocaust Museum originally submitted their applications
and all their information and supporting documents without their legal
entity name. At the time of the contract it was resolved and the
appropriate legal name was used.
Applications should include all the required documentations for
the Tourism Department, Grant Committee, Tourism Council and the
BCC to properly evaluate their funding decisions. Without the proper
documentation it can cause the Board to award unqualified entities
like the instance of Friends of Rookery Bay.
County staff is working to make sure all of this doesn't occur in
the future in obtaining the corrective documents at the time. They've
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July 9, 2013
addressed all the audit findings and have fixed them as of now, with
the exception of the ordinance.
CHAIRWOMAN HILLER: And I'd like to comment on that.
This was an issue that I had identified when I was sitting on the
TDC board. And I have to say, the resolution of this was so
professionally handled by the County Attorney's Office along with
staff and the Clerk's Office.
The error in the ordinance was precipitated by the previous
county attorney. And our current County Attorney, Mr. Klatzkow, has
taken it upon himself to annually now verify as statutes change to
ensure that our laws are consistent and not inconsistent, as was in this
case with those kind of changes.
Now the error made in this case wasn't because the statute had
changed. I mean, this was on outright error. But as one of the
proactive measures, I really commend the County Attorney for
ensuring that we are not more expansive than any statute that is
currently legislated.
In fact, we just addressed one change that occurred with respect
to contractor licensing and we wanted to make sure that our local
ordinance was not inconsistent with what that statutory change
provided for, as an example.
So thank you very much, County Attorney. Very good job on
being proactive on that going forward. And this ordinance definitely
has to be changed.
And Rookery Bay was great, represented by Clay Brooker who
did a great job in working with us to make Rookery Bay become
compliant. It was a positive, pleasant process.
MR. BROCK: Commissioners, in closing, the Clerk's Office
would simply like to thank the County Attorney's Office, his staff
working with us, Leo and his staff. Especially -- I can't even
remember his name -- Jack, Jack Wert.
CHAIRWOMAN HILLER: Champagne Jack.
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July 9, 2013
MR. BROCK: You know, you say that Commissioner, and, you
know, every time I try to think of Jack's name I have to think
Champagne Jack in order to remember.
CHAIRWOMAN HILLER: As long as -- it's like word
association, the psychological tests, you know?
MR. BROCK: I'm sorry, Jack, but, I mean, they have worked
well with us, and all of our staffs. I mean, it's truly a pleasure working
with people that are working with us the way that we're working
together now.
CHAIRWOMAN HILLER: Thank you.
MR. BROCK: Something I've not experienced in 20 years.
CHAIRWOMAN HILLER: We're delighted to hear that.
Everybody's happy about that.
Commissioner Henning would like to make a comment.
COMMISSIONER HENNING: East Naples fire chief is here to
speak under public comments. Can we go to that after our break?
CHAIRWOMAN HILLER: Absolutely. We do have a time
certain for the airport, but since you dropped one of the agenda items
it actually shortens the amount of time we need for the airport. So it's
very appropriate to allow the fire chief to speak next under public
comments.
COMMISSIONER NANCE: I make a motion we accept
Commissioner Henning's donation of time.
CHAIRWOMAN HILLER: I totally second that.
MR. OCHS: Madam Chair, just to remind you, we also have an
11:00 a.m. scheduled for your beach renourishment.
CHAIRWOMAN HILLER: Yeah, I think we --
COMMISSIONER NANCE: I've got one final comment for Mr.
Brock.
Mr. Brock, I do appreciate, sir, you bringing these things to our
attention. And your second audit is certainly an example that we do
indeed need to focus our grant compliance efforts across all instances
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July 9, 2013
where we're utilizing grants. And it's very important.
And I believe that the Chair should be commended for
recognizing this I think earlier than most and starting her program
with the nonprofits. But I really think we need to get our grant
compliance efforts redoubled and make sure that we're dotting our I's
and crossing our T's, because I think there's going to be less of them,
and our success will depend on good management.
CHAIRWOMAN HILLER: Thank you. Thank you, Clerk.
We will take a 10-minute recess. Actually, do you mind if we
take a -- well, we'll take a 10-minute recess. So what will that make
us, 10:53?
MR. OCHS: Yes, ma'am.
(Recess.)
MR. OCHS: Madam Chair, you have a live mic.
CHAIRWOMAN HILLER: Thank you.
We are going to now proceed to hear from our two public
speakers. And then at 11:00 we will go to our beach renourishment
time certain agenda item. We will move the airport agenda items that
have been set for a time certain to follow the discussion on beach
renourishment.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS
MR. OCHS: Yes, ma'am. That takes you then to Item 7, public
comments on general topics.
MR. MILLER: Your first public speaker is Kingman Schuldt.
He'll be followed by Bob Krasowski.
CHIEF SCHULDT: Good morning, Commissioners, Madam
Chair, Mr. Manager. Hope everybody's doing well. Kingman
Schuldt, Fire Chief, East Naples and Golden Gate Fire Districts.
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July 9, 2013
I'm here speaking -- Commissioner Cross was here this morning
and it was his intention to speak to you briefly. He unfortunately had
a court appearance so he needed to leave. But we just felt that it was
important that we just provide you a little bit of information.
As you know, we've been working very, very diligently and
productively with your staff on the Isles of Capri consolidation, if you
will.
And I want to start by thanking Ms. Len Price and Mr. Manager
on their efforts and their cooperation. It's been a wonderful
experience in really working towards we hope a positive future.
But we wanted to make sure that on behalf of the Board of Fire
Commissioners, specifically in East Naples, their sincerity to see this
project through. It's a -- you know, we're continuing to work on this
issue. There's a lot of details to work out. And they just want to make
sure that you understand that we want this done in the best, most
prudent way for the citizens, for the employees.
And we're working through some issues now, but it really is their
intention to see this through to a successful end. And they just really
want to make sure that you understand that.
CHAIRWOMAN HILLER: Commissioner Henning would like
to make a comment. And I just want to ask one quick question: Do
you anticipate that this consolidation with respect to these districts will
be on the August, 2014 ballot or the November, 2014 ballot?
CHIEF SCHULDT: Yes, ma'am. The commissioners are
working diligently, as you know, within the time frame to work
toward that next year's ballot as the initiative. And I'm very
comfortable in telling you that that is their desire to have that
accomplished, along with the efforts of Golden Gate.
CHAIRWOMAN HILLER: I think what's important -- and
County Manager, I think it's very important if the intent is to get this
on either one of those two ballots that we are very sensitive to the
calendaring of when we vote on the motion to put it on the ballot.
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July 9, 2013
Because I remember in the past we've had issues where our timing has
been off on this particular matter. You know, members of the public
came forward but too late for the Board to put anything on the ballot
with respect to that particular fire issue.
So if you could mark on your calendar to notify us what our, you
know, last date is to allow that to happen.
Commissioner Henning?
COMMISSIONER HENNING: Thank you.
Well, the law prescribes that if you are a special district merging
into another one, you need to go to the voters prior to the codification
-- or not the codification, the merge.
This is not a special district. This is a --
MR. OCHS: MSTU.
COMMISSIONER HENNING: Yeah, it's an MSTU. The Board
of Commissioners can make a decision to merge it into East Naples
without a vote.
CHAIRWOMAN HILLER: So that's different than --
COMMISSIONER HENNING: Is that correct?
CHAIRWOMAN HILLER: Absolutely different than what the
Chief has said.
MR. KLATZKOW: The contemplated process the County
Manager has been working on is an interim interlocal agreement. But
the legislature is going to have to expand the boundaries of East
Naples Fire District to encompass the Isles of Capri.
COMMISSIONER HENNING: Okay, so I was correct. The
only thing that has to happen is the legislators need to change the
boundary map.
MR. KLATZKOW: Yes.
CHAIRWOMAN HILLER: So that's to correct what the Chief
just said. So no referendum is required.
COMMISSIONER HENNING: No referendum is required. It's
a misunderstanding by some that no referendum is required in this
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case, okay?
Now, what has happened was the negotiation that management of
Isles of Capri until the October 14th, I believe it was.
MR. OCHS: Yes, sir, it was a two-year process. The next fiscal
year would be in effect a management services agreement between the
Board and the Fire District for management of the Capri district,
followed by -- and during that time would be the amendment to the
special act next legislative session to allow an expanded East Naples
district that would encompass the current Isles of Capri district. And
then the board would, as Commissioner Henning said, dissolve and
effect if he wanted to at that point the Isles of Capri MSTU, and it
could then merge into East Naples.
COMMISSIONER HENNING: What that has caused, from my
understanding, from at least one of the fire commissioners, that
management of it is keeping the millage at two mills. And that's
problematic. If you recall, it was citizens from Fiddler's Creek
wanting to annex out of Isles of Capri. So -- and because they are
cheaper at one and a half mills.
So with that said, I think it's prudent to give staff direction to
negotiate with East Naples on merging the fire district into East
Naples.
COMMISSIONER FIALA: I'd love to weigh in, if I may, after
Commissioner Henning's finished.
COMMISSIONER HENNING: Okay. And that would be a one
and a half mills, okay.
Anyways, that's my thoughts on that, instead of a management
for two years is a direct merge.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes, I think we're all moving in the
right direction. I want to make sure though that while we're moving
forward on this we remember that Fiddler's Creek wants to separate
themselves entirely and right now enjoin with the East Naples Fire
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July 9, 2013
Department. And they have a time limitation so that they can -- I
guess Chief Schuldt, they need to be out by August; is that correct?
CHIEF SCHULDT: Well, if the Fiddler's Creek residents wanted
to move forward with say an annexation piece, in order to go through
the state legislative process then we would have to have something in
place to go to the local delegation. So yes, that August time frame
really right now is one that we'd need to work on that.
COMMISSIONER FIALA: And so can we separate these two
issues?
COMMISSIONER HENNING: They are separated. The
residents in Fiddler's Creek is doing something separate from what I
hear from you. It has nothing to do with the county.
I think if they are successful, which I have my doubts they would
be successful in an annexation, we still have the problem at Isles of
Capri. So let's try to remove the impediment of merging into East
Naples Fire District and be done with it.
COMMISSIONER FIALA: Well, that's exactly what I was
trying to do. I agree with you, by removing Fiddler's Creek and that
now becomes a moot point, then we can move ahead with this and
focus our entire attention on it.
COMMISSIONER HENNING: You're going to --
Commissioner Fiala, you're going to create a fiscal hole there if there
is an annexation. Okay? So I think the most prudent direction would
be is to direct County Manager to negotiate, and the goal is to keep the
millage at 1.5 for all the residents in that MSTU.
CHAIRWOMAN HILLER: County Manager, is that acceptable
to you?
MR. OCHS: Oh, absolutely. My only comment to
Commissioner Fiala was that it's my understanding, and Jeff Klatzkow
or the Chief can correct me, but even if Fiddler's Creek wants to take a
separate action, that will also require an amendment to the district
boundaries through the legislative process. So if we're proceeding
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July 9, 2013
with the merger of the entire district along the same calendar, it could
all happen simultaneously essentially.
So if they want to take that action, I can't stop them. But I think
you could accomplish the larger objective and satisfy both parties'
desires by proceeding along the lines that the Board has directed here.
COMMISSIONER FIALA: Okay. But if say for instance things
get tangled up and Capri does not want to go in that direction, then
we'll need to address the Fiddler's Creek issue again.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Who's the next speaker?
CHAIRWOMAN HILLER: I just -- it's your choice.
COMMISSIONER HENNING: Yeah, I know. I think county
staff needs to sit down with Commissioner Fiala and explain it to her.
CHAIRWOMAN HILLER: That's fine.
MR. KLATZKOW: This is not like municipal annexation.
Municipal annexation you have no say on it, they just grab what they
want to grab. This is a mutual agreement between the county, the
residents and the fire district.
CHAIRWOMAN HILLER: County Attorney, could you please
work with Commissioner Henning to basically define what the motion
ought to be so there's no misunderstanding for, you know, the
direction given to the County Manager?
MR. KLATZKOW: I think both -- the County Manager was
under the direction to work with East Naples to get into an interlocal.
I thought that was required --
CHAIRWOMAN HILLER: Commissioner Henning, is there
anything more than needs to be done?
MR. OCHS: No, my understanding is Commissioner Henning
has changed that original motion slightly and said let's move towards a
merger this next legislative session instead of a two-step process
where we spend a year under management services agreement and
then the next year under the actual merger of the two districts.
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July 9, 2013
CHAIRWOMAN HILLER: Is that what you're proposing?
COMMISSIONER HENNING: No. If you want a motion, I'll
make a motion.
CHAIRWOMAN HILLER: Could you please.
COMMISSIONER HENNING: I make a motion to direct the
County Attorney -- County Manager to negotiate with East Naples
Fire District to merge into East Naples Fire District, the Isles of Capri
dependent fire district MSTU at the same millage of 1.5. And if they
are successful, write the language for the legislators to consider
changing the map for East Naples Fire District.
CHAIRWOMAN HILLER: Can I --
MR. OCHS: That's my understanding, yes.
CHAIRWOMAN HILLER: -- ask just one question? Is there
debt that East Naples has that now would become an obligation of the
Isles of Capri residents or is there debt that the Isles of Capri MSTU
has? Which I don't think it does but just to confirm.
MR. OCHS: They don't.
COMMISSIONER HILLER: So Isles of Capri has no debt.
Does East Naples have debt that would require approval by the
residents of Isles of Capri?
MR. OCHS: I would have to ask the Chief to address that.
CHAIRWOMAN HILLER: And how would that work?
CHIEF SCHULDT: Well, two things. And I am going to
backtrack just one thing that I think would be important for you to
understand, is that at our last commission meeting there was a public
statement made by residents of Fiddler's Creek and others of Isles of
Capri proper, if you will, that they both said that they were
comfortable with the way things were progressing, and specifically
residents from Fiddler's Creek said we understand if this is going to
take a little longer, that we are patient and we'd like to see this to go
through as all of Isles of Capri and not be forced into a position to
bifurcate that district, if you will. So I thought that was important.
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July 9, 2013
CHAIRWOMAN HILLER: Oh, yeah, that is important.
My question, it's just a point of clarification. I'm going to
support, you know, Commissioner Henning's motion. I just want to
understand for myself. And I'm looking at this question from the
perspective of other potential, you know, mergers or consolidations.
And that is if you have debt, how will that debt burden impact the new
members of your district, and do they have to vote on taking on that
debt? I'm not sure what the legality of the process is, and maybe Jeff
can explain.
MR. KLATZKOW: The statute talks about the mergers of
separate districts, separate independent districts. Statute does not talk
about the merger of a special district with an MSTU. So the residents
other than through their representations have no say on this. At the
end of the day, this is a Board decision whether or not you want to
merge the MSTU with the Fire District.
CHAIRWOMAN HILLER: Okay. So they have no say as to
whether or not they'll be debt burdened or not.
COMMISSIONER HENNING: Well, they would have no say
about the assets that East Naples has either. What they do have say-so
is -- what they do know is what the millage is, okay. What they have
say-so is when they go to the ballot to elect East Naples fire
commissioners, that would be on their ballots. Instead it is not.
I mean, it's just no different than the county, we have debt and we
have assets. And we have the say-so, but at the end of the day the
voters of the district or the county has all the say-so.
CHAIRWOMAN HILLER: Except for ad valorem debt, you
know, ad valorem funded debt, which does have to go to referendum.
Like general obligation bonds which require referendum.
And that's really what I'm going towards. I don't know enough
about, you know, public financing of fire districts to be able to come
to a conclusion. And quite frankly, I don't think we need to discuss it
here. I think it's just something, you know, to be sure that you
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July 9, 2013
consider and I don't have the answer. I'm just raising it as something
not to be overlooked.
CHIEF SCHULDT: Sure. And that's part of the reason why
some of the commissioners, they've moved to kind of try and slow this
process down just a bit so we can make sure to look at all the finances
on both sides, be as transparent as we can with the people. There's
been increased discussion about employees and assets and those
things. So it's really they're just trying to be prudent.
And the other thing we'd spoke very -- in the beginning just a
little about is voting for that. And the attorney is absolutely correct in
his statement of how that consolidation or annexation would work.
But at the end there is a vote by those new potential residents,
you have to set the millage rate. And that's what they're essentially
voting on at that time.
CHAIRWOMAN HILLER: Got it. Well, thank you so much.
We have a motion. I'll second it.
Would you like to speak?
COMMISSIONER NANCE: I just have -- go ahead, let's go
ahead.
CHAIRWOMAN HILLER: Vote?
COMMISSIONER NANCE: Yes.
CHAIRWOMAN HILLER: All right. There being no further
discussion, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
COMMISSIONER NANCE: I'd just like to make one comment
briefly. I think that the suggestion made by Commissioner Hiller
earlier is very, very important as we move forward here. We've got a
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July 9, 2013
legislative calendar, we've got two fire commission boards, we've got
the Board of County Commissioners and we've got election law. And
I think as soon as practicable we need to get our head around all these
different benchmarks so we don't find all these agencies and have to
work in concert up against some sort of a calendar glitch that was
unanticipated. You know, it's going to be very complicated, but we
need to -- we just need to get things happening in order in a timely
fashion.
CHIEF SCHULDT: Yes, sir.
CHAIRWOMAN HILLER: Thank you.
CHIEF SCHULDT: Thank you so much.
COMMISSIONER HENNING: Thanks, Chief.
MR. MILLER: Your next public speaker is Bob Krasowski.
MR. KRASOWSKI: Good morning, Commissioners. For the
record, I'm Bob Krasowski.
I'd like to focus on some comments regarding the Programmatic
Biological Opinion that has been used to state that you have the right
to renourish the beaches here in Collier County year round with little
regard to turtle nesting season, other than performing certain tasks to
protect the turtles.
I'd like to -- the Programmatic Biological Opinion is created by
the Army Corps of Engineers with the Department of Interior involved
and the DEP and the Florida Wildlife Conservation Commission.
Can I have the microphone?
What I've put on the overhead is page number 31. And as you
can see it says on April 20th, 2010 an explosion and fire -- and it
addresses the offshore drilling unit Deep Water Horizon.
And then a little further down it explains that damage
assessments from the sustained release of oil is currently going on and
the service does not have a basis at the present time to predict the
complete scope of the effects of the species wide range.
So I think because this Programmatic Biological Opinion does
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July 9, 2013
not include consideration for the BP oil spill and its impact on turtles,
and the fact that there are a number of large organizations like the
Gulf Coast Consortium, Florida's Gulf Coast Council -- Florida's Gulf
Coast Consortium, considering the environmental impact of BP, that it
kind of negates the validity of this biological opinion.
And then I'll -- let me see the next page here, Page 136, it states
that here are some conditions for re-initiation of the biological
opinion. And it says here that critical habitat designated that may be
affected by the actions of the Department of Interior is now in the
process of considering some of our beaches and the beaches to the
north as critical habitat. And this will throw this biological opinion
into re-initiation.
So my point -- and there's so much more in this document that I
can't address right now. But my point being, as you proceed with
whatever you decide to do, be cautious that you don't find yourself in
a situation where you're trying to renourish during turtle nesting
season and the rug gets pulled out from under you.
CHAIRWOMAN HILLER: Thank you.
MR. KRASOWSKI: Thank you.
Item #11B
RECOMMENDATION TO REJECT THE RESPONSE FROM
GREAT LAKES DOCK AND DREDGE (GLDD) TO INVITATION
TO BID (ITB) #13-6076R, "COLLIER COUNTY BEACH
RENOURISHMENT PROJECT" AND POSTPONE HYDRAULIC
BEACH RENOURISHMENT ONE TO TWO YEARS UNTIL
COMPETITIVE MARKET CONDITIONS STABILIZE. THIS
OPTION INCLUDES THE POSSIBILITY OF EXECUTING
EMERGENCY TRUCK HAUL RENOURISHMENT AS
CONDITIONS WARRANT - MOTION TO DECLARE AN
EMERGENCY, WAIVE THE COMPETITIVE BID PROCESS
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July 9, 2013
AND ACCEPT TRUCK-HAUL OPTION #3, AVOIDING TURTLE
NESTING, FOR FULL RENOURISHMENT OF THE
VANDERBILT BEACH AREA — APPROVED; MOTION TO
DECLARE AN EMERGENCY, WAIVE THE COMPETITIVE BID
PROCESS AND ACCEPT TRUCK-HAUL OPTION #2 FOR
RENOURISHMENT OF HOT SPOTS AND AREAS AFFECTED
BY TS FAYE ONLY FOR THE PARK SHORE AREA —
APPROVED; MOTION TO DECLARE AN EMERGENCY,
WAIVE THE COMPETITIVE BID PROCESS AND ACCEPT
TRUCK-HAUL OPTION #2 FOR RENOURISHMENT OF HOT
SPOTS AND AREAS AFFECTED BY TS FAYE ONLY FOR THE
CITY OF NAPLES AREA — APPROVED; (MOTION TO REJECT
THE GREAT LAKES DOCK AND DREDGE BID WAS TAKEN
UNDER ITEM #15 DURING STAFF AND COMMISSION
GENERAL COMMUNICATIONS)
MR. OCHS: Madam Chair, that takes you to your 11:00 a.m.
time certain. It's Item 11.B on your agenda, recommendation to reject
the response from Great Lakes Dock and Dredge to Invitation to Bid
13-6076R, the Collier County Beach Renourishment Project; postpone
the hydraulic beach renourishment one to two years until competitive
marketing conditions stabilize. This option includes the possibility of
executing emergency truck haul renourishment as conditions warrant.
Mr. McAlpin will present.
MR. McALPIN: Thank you, Leo.
Good morning, Commissioners. For the record, I'm Gary
McAlpin, your Manager of Coastal Zone Management for the Natural
Resources Department.
Before we get into the renourishment options and considerations,
I'd like to share some good news with you.
As you directed at a board meeting and the workshop a number
of months ago, we have been working with Florida Department of
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July 9, 2013
Environmental Protection and U.S. Army Corps of Engineers to
modify the existing dredging permit for Doctors Pass. And instead of
placing the sand in the near shore at Lowdermilk Park, tried to get the
agencies to consider placing the sand on the beach just south of
Doctors Pass.
We received notification a couple of weeks ago that both the
Corps and DEP have approved our permit modification. That's
excellent news. That will allow us to take approximately 36,000 cubic
yards of material and put them on the critically eroded spot just south
of Doctors Pass where the sand could do the most good; not in the
near shore but up on the beach.
With that project we are currently moving forward with our bids.
I just received the plans yesterday. We'll pull together the bid
package and when you come back from recess we certainly should
have something at that point in time to bring to you and talk to you
about in terms of moving forward with a contract to dredge Wiggins
Pass. So I thought I'd share --
CHAIRWOMAN HILLER: Doctors Pass.
MR. McALPIN: Doctors Pass, thank you.
CHAIRWOMAN HILLER: We're done with Wiggins.
MR. McALPIN: I had Wiggins Pass on my mind. But Doctors
Pass.
So I thought I'd share some good news with you prior to talking
about the beach renourishment. And so let's move into that.
CHAIRWOMAN HILLER: May I just quickly confirm? When
you came forward with the renourishment proposal with respect to
quantities, was that 36,000 already contemplated or as a consequence
will we now need to put 36,000 less, given that it is going to be placed
immediately south and on the beach?
MR. McALPIN: Commissioner, if you remember correctly,
what we did have is we had one 36,000 cubic yard item. It was a two
renourishment time frame.
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July 9, 2013
CHAIRWOMAN HILLER: I do.
MR. McALPIN: We had one that was excluded and one that was
included.
We believed that we could get the permit modification, so we
excluded that 36,000 from the quantities and that's how we came up
with 163,000 cubic yards for the City of Naples.
CHAIRWOMAN HILLER: So potentially when the next
renourishment has to take place, which would be about three years
from now, we could exclude that second 36,000 because we would
have a modified permit that would be subject to renewal.
MR. McALPIN: Yeah, Commissioners, this is what -- this is the
actual --
CHAIRWOMAN HILLER: And I do recall all of this. And I
just want to again clarify that the one 36 was excluded, one 36 was
included. But if we're going to get that permit modified, which is good
news, there's the potential for the second 36 to be excluded as well.
MR. McALPIN: We always had the 2017 dredging of Doctors
Pass that was excluded. The one that we were looking at trying to get
with the permit modification, once we get the permit modification, it
allowed us to exclude the first one.
So with that we took the -- what was originally anticipated was
387,000 cubic yards. That was from the Atkins review. We took that
first one out. The second one had always been excluded. And we
have recommended that for the Naples beach it be 164.
CHAIRWOMAN HILLER: Okay. So to summarize, what you
have in effect done in giving us the quantities we approved is
anticipate the approval of the modification of the Doctors Pass permit.
And now you're telling us that that in fact will happen so it's good
news so we don't have to reverse the numbers.
MR. McALPIN: That is correct.
CHAIRWOMAN HILLER: Wonderful. Thank you. That's
great.
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July 9, 2013
MR. McALPIN: So as we move forward and talk about the
major beach renourishment, the beach segments that we were looking
at was the Vanderbilt, Park Shore and the Naples beaches.
And what staff is recommending is that we reject the Great Lakes
Dock and Dredge bid; we postpone the renourishment for one to two
years, and until the market changes, until it stabilizes, until it becomes
competitive again. And that as we do this, we move forward with a
spot emergency dredging as it is a justified.
So that is the recommendation, Commissioners. It's not
necessarily what we hoped for, it's not even what everyone supports
and everyone likes. I think there's a number of people from the
community that will speak their mind later today.
But the market has changed and it's changed significantly in the
short future where the dredging community capacity is tied up. If it's
not tied up, it's promised with the hope that with the large multi-year
projects that are going to happen on the east coast in the next two
years that the dredging community will be able to secure some of that
capacity.
The market is in a state of flux right now. And unfortunately the
bottom line is that the market has changed and it's not currently
competitive.
This is a difficult decision for us, and it's a difficult decision for
your advisory boards too. Usually your advisory boards are -- I'm not
going to say in lock step, but reach the same conclusions many, many
times. In this particular case the Coastal Advisory Committee
recommended that we move forward with the complete six-year
design and place 360,000 cubic yards on the beaches. The TDC
recommended that you postpone everything for one to two years and
just deal with emergency hot spot renourishing. And the City of
Naples recommended that you look at the footprint for the six-year
design and only do the Tropical Storm Fay portion of that, but only to
the beach standards, which is 85 or 100 lineal feet of dry beach.
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So the community and the people that are the most
knowledgeable on this are all up in the air. So it hasn't been easy for
us at this point in time to come up with a recommendation.
CHAIRWOMAN HILLER: Hopefully the Board today will be
able to achieve a consensus on your recommendation.
MR. McALPIN: Exactly right. And the city -- so in the
discussion we've had and in all of what we have shared with advisory
boards -- because there's a couple of critical points that you've got to
keep in mind as you move forward with this.
The first is that the existing permits will expire in January of
2015. After that date we will need new permits. I said the existing
permits; we're going after modifications to those permits right now.
And if we don't execute the work by January of 2015, then we will
need new permits.
The other critical --
CHAIRWOMAN HILLER: Let me just clarify, when we need
new permits. The permit we're currently under is a five-year
extension of the 2006 permit. Can we get another five-year extension
of the existing permit --
MR. McALPIN: The permit that we --
CHAIRWOMAN HILLER: -- to January, 2015?
MR. McALPIN: The permit that we have right now is a
modification to the existing permit, and that permit will expire on
January 15th.
CHAIRWOMAN HILLER: Right.
MR. McALPIN: Okay, we would be able to -- no, we can't get a
modification, we would have to apply for a new permit.
CHAIRWOMAN HILLER: It's not a modification. Would we
be able to get another five-year extension of whatever permit we're
holding as of that January --
MR. McALPIN: No, ma'am, we'll have to get a new permit at
that point in time. It's not -- it will not be as onerous as starting from
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scratch. Permitting has been -- the DEP has made permitting easier.
So we expect that it would be easier to obtain but we would still have
to do it. It may take us six months to nine months to get a permit --
CHAIRWOMAN HILLER: A full reapplication as opposed --
MR. McALPIN: Yes.
CHAIRWOMAN HILLER: -- to an extension.
MR. McALPIN: The other thing that we would keep in mind is
that the Tropical Storm Fay PW from FEMA expires at the end of
2014, December 31st.
That's critical for us because we can't guarantee the Fay -- that
we're going to get any money from Fay. But if we don't get the work
complete by that point in time we don't have the ability to receive the
funding for Tropical Storm Fay. So this, although it doesn't guarantee
reimbursement, it does present that option that we could work for
reimbursement from the agency.
The City of Naples came in and they presented a proposal to us.
It says just look at Tropical Storm Fay, but only take it back to the
standards. And that was about 25,000 cubic yards of material. That's
a relatively small amount.
But they made some stipulations on us when they made that. The
first is they wanted everything to be complete by January 1st of 2014.
And then they requested that the beach ends and damage to the roads
be repaired.
Well, the starter for us -- the non-starter for us is the date. If you
look at where we're at, time is critical. We -- the mark -- we can't
guarantee the sand source right now, we can't guarantee the dredging.
Contractors at this point in time, the large job that's going to bid from
a truck haul point of view in Fort Lauderdale, if you look at the -- our
permits are being drafted right now, but we still don't have them in
place. We still need to do the bidding and the award and the
mobilization of the contract. That takes at least two months to do.
And so there's -- we don't have and we can't guarantee that we can --
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we can complete all this work but we can't complete it by the time
frame that the City has requested it be completed by.
So at this point, Commissioners, this is not what we necessarily
had hoped for, as we said earlier, but it's our recommendation.
Recognize, though, that with this we've looked at a lot of options.
I mean, we've probably kicked around 10 or 12 different options, but I
know we haven't got them all. So if the Board would like to propose
something that we didn't think of, we would be happy to entertain it at
this point in time. And I'll answer any questions that you have.
CHAIRWOMAN HILLER: Commissioner Coyle would like to
speak and we have a number of public speakers.
How many speakers do we have?
MR. MILLER: We have 11.
CHAIRWOMAN HILLER: Okay, I think maybe Commissioner
Coyle, unless you feel inclined, would you allow the public speakers
to speak before you comment?
COMMISSIONER COYLE: I feel inclined to speak.
CHAIRWOMAN HILLER: Go ahead.
COMMISSIONER COYLE: Okay.
CHAIRWOMAN HILLER: I just didn't know if you were
willing to wait to allow the public speakers to comment first. Go right
ahead.
COMMISSIONER COYLE: Thank you very much.
I'll say for the hundredth time, I am tired of hearing that we've
got to get a permit to renourish our beaches.
We know we have to nourish our beaches at periodic intervals,
and we know we'll be doing that for the next 40 or 50 years.
What I cannot understand is every time we want to put some sand
on the beach we've got to modify a permit or we've got to reinitiate a
permit or we've got to apply for a permit. That was the purpose of the
original 10-year permit request, at least one of them, was to let us get
a permit for a period of time that would permit us to maintain our
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beaches in proper order without getting bound up in what we're doing
here today.
So I think it's outrageous that we are even thinking about having
to do a permit modification any time within the next six months. We
should have a permit to renourish our beaches whenever our beaches
need to be renourished. End of story. And if we need federal help
through our federal legislators to do that, we ought to be working on
it.
Now, your recommendation has provided no comfort for those
people who would like to do something. You've essentially said reject
the Great Lakes bid and wait two years or more until competitive
market conditions stabilize. And then you say this option includes the
possibility of executing emergency truck haul renourishment as
conditions warrant.
You know, that essentially is a recommendation to do nothing.
Sit on our thumbs and wait to see what develops. We don't need to do
that.
I have had discussions with the County Manager about the
155,000 cubic yards of sand that are required or currently required
because of hot spots on Vanderbilt Beach, Park Shore Beach segment
and Naples beach. Now you say you can't do that in two months but
yet in option two you say that you can do 215,000 cubic yards of sand
in three months. I don't understand that logic.
You know, I just think you're kicking the can further down the
road every time we come in and talk about this. And this is the ninth
time this item has been before the Board of County Commissioners.
We never get anything done. And part of it is because the Board of
County Commissioners, I'm not blaming the staff for that.
But I don't understand why you can't begin right now in
coordination with the City of Naples to begin trucking sand at some
point in advance of November, not spreading it on the beach but
trucking sand into some acceptable location and having it stored there
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so that on November the 1st you can begin spreading sand. Because if
you wait until November the 1st to get the sand there, there won't be
enough of it there for anybody to do any renourishment on the beaches
probably for several weeks. So then I understand why you can't do it
in two months.
So I am really disappointed in this recommendation at this point
in time. And I think we should be working to find a way to stockpile
sand somewhere on the beach so that we can begin replenishing the
beach immediately on November the 1st and get it finished in two
months. And I quite frankly don't see any reason you can't do that.
MR. McALPIN: Thank you, Commissioner. We can in fact, if
it's the Board's wish, move forward with stockpiling sand on the
beach. We could do it at Lowdermilk Park, we could do it at
Avildotaway (phonetic). But we can't get the work done by January
1st within the City of Naples. And in the City of Naples workshop --
COMMISSIONER COYLE: Why can't you? How do you know
you can't get it done in two months? You said you can do 215,000
cubic yards in three months, why can't you do 155,000 cubic yards in
two months?
MR. McALPIN: We'd have to go out, Commissioner, and rebid
this job, readvertise it, rebid it, award the contract, come in and get the
contractor to immobilize at this point. There's a lot of moving pieces.
And Commissioner, we will do whatever we can to move this
thing as quickly, as efficiently as we can, but I can't guarantee the date
at this point in time because there's a lot of moving pieces in this.
Commissioner, the sand -- if we don't move on this, the sand that
is for an east coast job would be committed and the sand would come
from the same mines that we're looking at. We're looking at a large
East Coast project that would tie up trucking capacity. So we can't -- I
can't say at this point in time --
COMMISSIONER COYLE: There is always some excuse for
not getting this job done. Now, this job is no surprise to anybody.
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And I do not understand. If you need emergency authorization from
this board to proceed, then you ought to be asking for it.
You've got a bid for truck haul. You know how much it's going
to cost under a prior RFP. You can probably get authority from this
Board to go out and negotiate with the bidders on that particular
procurement and get something ready to go. To tell us that you're
going to spend another several months going through a competitive
bid process is just completely unacceptable here. We've got an
important job to do here and we ought to start treating it with some
degree of urgency.
MR. McALPIN: If the would Board wish this to be a critical and
emergency situation, we certainly could move out and take steps
accordingly, Commissioner.
COMMISSIONER COYLE: Then those are the kinds of things
that shouldn't have to come from a commissioner, okay? And I've
reached my limit about the delays for this thing, both from the
standpoint of what the Commission has done to delay it and from the
failure of staff to anticipate problems and to look for alternatives that
make sense. We need to do something now and get it done.
CHAIRWOMAN HILLER: I'd like to -- thank you for your
comments, Commissioner Coyle. We have a number of public
speakers and I think we need to hear what they have to say.
Hearing that there are options, I think ultimately what would
make most sense, if we in fact have three votes, we could have one
vote on the north beaches of Vanderbilt, one vote on the Park Shore
beaches, and one vote on the City of Naples beach. And that way we
accommodate the various interests of the various communities and the
various needs of the various communities. It does not have to be a
one-size-fits-all. And I think that will ultimately be the best solution
to moving forward.
So with that, let's go ahead and call our first public speaker.
MR. MILLER: Your first speaker is Bob Krasowski. He'll be
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followed by Sandi Leddy.
CHAIRWOMAN HILLER: If you could come up to the podium
that's open so that we can keep the speakers moving. Thank you.
Just come and step up here. And when you begin speaking,
please state your name for the record.
MR. KRASOWSKI: Hello. My name is Bob Krasowski for the
record.
This is maddening. There's so much -- so many issues to be dealt
with here that are not clearly or accurately represented by staff that it
is just driving me crazy.
I really appreciate Commissioner Coyle's comments about -- I
think he hit the nail on the head. And I think it's required of you, the
Board of Commissioners, to look at what he said. There is no
emergency here. Maybe there's an emergency when you want an
emergency in order to pull off a certain agenda that an emergency
satisfies. You can go out to get an RFP on doing the various segments
of this beach with truck haul in the amounts that you know you want.
You can limit it to go easy on the public. You can limit it to just what
Tropical Storm Fay will pay for for the time, and that will buy you
time for the next couple of years.
Here on this map out of the document that was presented by
Coastal Engineering are the tropical -- in the darkest area the Tropical
Storm Fay areas that can win funds from that effort.
If you take the time to look at that and compare those areas with
what are hotspots -- and here I've highlighted the relevant hotspots that
are relevant to Fay -- they very much overlap. So any suggestion that
you need 60,000 cubic yards of additional sand to cover hotspots
when you are also doing Fay is really questionable. And I'd like to see
the detailed explanation for that.
But just move forward with Fay, you could put out an RFP in a
week or two for the specific Fay work delivery of that amount of sand
and then you give yourself a month. So in a month when you come
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back and whatever it is, you could be able to accept that. And it could
be explained in the RFP what our time line is, from November to
January.
And you see in some of the recommendations that there were --
there was a suggestion you could accomplish this in 40 days or 60
days or 90 days in the different scenarios.
So that's what I would suggest. And I would also suggest that
you use as many of the routes as possible to minimize the impact on
any one place.
And if I can gather my thoughts -- oh, okay, the sand issue.
Okay, Gary keeps saying that -- Mr. McAlpin keeps saying that the
sand availability will be impacted by projects that the Army Corps of
Engineers is going to release, just like the dredging situation was
impacted by other projects.
Well, at the Naples City Council, Mr. Stewart said there's plenty
of sand to do everything and all of it. And there's -- the tri-axle trucks
are available throughout the state. So --
COMMISSIONER HENNING: Who's up next?
CHAIRWOMAN HILLER: Hang on a second.
MR. KRASOWSKI: If I could just finish. I invested so much
time; I'm public and I'm speaking to relevant issues.
So I think it's real important that you recognize what is and what
isn't. And I know Mr. Stewart is here, but he might not want to speak
today. But you can review on the Naples City Council website their
meeting and hear his comments --
CHAIRWOMAN HILLER: Thank you.
MR. KRASOWSKI: -- as far as availability of sand.
CHAIRWOMAN HILLER: Thank you very much. Appreciate
it.
I just want to clarify one this, Bob, and that is it appears you
don't agree with Commissioner Coyle, because he's proposing that we
don't put it back out to bid, and he's proposing something different
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from what you're proposing. So it seems like you guys are in
disagreement, not in agreement.
MR. KRASOWSKI: No, some of the parts we are in agreement
on. I'd rather focus on that.
And let me make one other thing clear --
CHAIRWOMAN HILLER: No, you can't. I'm sorry, Bob, we
have too many speakers. Thank you.
MR. KRASOWSKI: This is not a modification of the permit --
CHAIRWOMAN HILLER: Bob.
COMMISSIONER COYLE: Bob, you're not allowed to say you
support me.
CHAIRWOMAN HILLER: No, no, that's not --
COMMISSIONER COYLE: You're not allowed to say that.
MR. KRASOWSKI: I don't support you, but I'll talk to you.
CHAIRWOMAN HILLER: That's not the issue. I just want to
make it clear that what Commissioner Coyle is proposing is basically
moving forward on an emergency basis and accepting the previous
sand haulers' bids, whereas what Bob was suggesting was the
opposite, that we put it back out to bid by segment.
I just want to make one point which I think is very important that
Bob did raise and that is the overlap between general renourishment
and storm renourishment.
We do have to be extremely careful in that regard, because the
reason that FEMA has pulled $11 million and has denied us $9 million
in renourishment funding is because of the very issue of general
renourishment and storm renourishment being commingled. And they
can't be commingled. They can't overlap. They're two separate and
distinct projects.
And to the extent that we attempt to commingle general
renourishment and storm renourishment, we will be denied
reimbursement by FEMA. And I don't want to see the same thing
happen with Fay dollars that has happened with the other storms,
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which we are now administratively in effect litigating.
So our next speaker, please?
MR. MILLER: Sandy Leddy. And she'll be followed by John
Sorey.
CHAIRWOMAN HILLER: And please stick to your time,
because we have so many speakers. When your time is up, please give
the other speaker the opportunity to begin.
MS. LEDDY: Commissioners, I'm Sandi Leddy. I'm secretary
of the Park Shore Homeowners Association, and I live on Parkview
Lane. Thank you for the opportunity to speak this morning.
Commissioner Coyle, I'd just like to know where you plan to
store the sand. Because be darned if I can find anyplace.
COMMISSIONER COYLE: Where do you live?
MS. LEDDY: Park Shore.
COMMISSIONER COYLE: Okay.
MS. LEDDY: Anyway, that isn't what I was starting to speak
about. I have four small points that I would just like to make.
Please bring the sand, if you have to do it by truck, to only those
hotspots, those really critical areas. And I urge you to develop a
long-range plan to protect these beaches. Every few year we throw
millions and millions of dollars and sand out into the Gulf of Mexico
and it washes out and in another couple of years we do the same thing
again and we keep expecting something different to happen. And
somebody said that's some form of insanity. I think Mr. Price
mentioned that at one of the meetings.
You must address the subject of some form of protection,
whether it's groins, jetties, I don't know what. I'm not an engineer.
But there has to be something that will help to at least slow down the
sand being washed out into the Gulf. That is long overdue.
The other thought I have is please coordinate with the city the
routes and times for sand trucks. As Mayor Sorey's letter of July 1st
to you, Commissioner Hiller, said, we cannot have local streets used
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July 9, 2013
as shortcuts nor our major roads clogged with dump trucks. EMS and
firetrucks and personnel must have access, especially to the Gulf
Shore Boulevard condominiums.
Now to get out to those condominiums there's only two routes:
One is Park Shore Drive and the other is Harbor Drive. That's it, to
get out onto that strip. And if those two routes are clogged with these
trucks, we're in trouble.
Finally, you must redistribute the bed tax funds to the major
portion -- so that the major portion goes to the beaches. Without them
advertising money is just wasted. Without the beaches we don't have
anything to advertise.
I don't understand all of the discussion about the advertising
money. We're always advertise, advertise. But the beaches have to
come first, otherwise what's the point? Thank you.
CHAIRWOMAN HILLER: Thank you.
MR. MILLER: Your next speaker is John Sorey. He'll be
followed by Kathleen Robbins.
MAYOR SOREY: Good morning, Commissioners. Thank you
for letting me speak to you this morning. I'm John Sorey, Mayor of
the City of Naples and chair of your Coastal Advisory Committee.
I agree with Commissioner Coyle. I think it's time. This is the
ninth round and the tenth round is coming. We need to proceed
immediately under emergency authorization.
We're not excited in the City of Naples about this alternative, but
you've got to play the hand that you're dealt and that's the hand we
have.
I'm also not excited by $16 million more than we have. Even if
we had the $16 million, I couldn't support spending $16 million
incrementally for a dredging process when we can do a truck haul.
You have my letter, I'm not going to go over that, but I would
implore you to proceed immediately.
And one modification, and Bob isn't going to like this, but he
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does know the facts, and it is a complicated process. There are a lot of
issues.
In all due respect to Mr. Coyle, the reality is the 10-year permit is
somewhat of a general permit. Every time we do something, whether
we like it or not, we have to get the permit.
But I think we could start immediately and we will work with the
county and come up with some locations, Lowdermilk Park, if we
have to take part of that, to do some stockpiling.
I would implore you to proceed and start renourishment by if
possible September 15th or at least earlier.
Remember I've testified to you before that the last 10 years the
average number of turtle nests on the City of Naples beaches, the two
segments, are 25 average per year. So if we just take one beach,
whichever one, and say we're going to concentrate on that, it's going to
be less than 25 nests that we would have to relocate.
So my recommendation is -- and you remember The
Conservancy initially opposed but when we presented the sides to
them from the county data they said they didn't particularly like it but
they would not oppose it.
The key is to get finished before tourist season starts. I know Mr.
McAlpin, and I have great respect for him, we work closely together,
but I think it's time to push, to move forward with this and I think we
can get it done.
Another item that was raised with this general permit -- and we'll
be coming back to you from CAC with a recommendation that we
move forward so we don't have any gaps -- that we have a new permit
in place prior to the expiration in January 15th so we have a seamless
process moving forward.
You've got my letter. And just a clarification on Mr. Stewart,
what he said was that with some modifications that he could produce
the sand but he needed to go to two shifts and that requires a permit.
But I'd implore you to move forward on this today and let's get started.
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CHAIRWOMAN HILLER: Before we begin with our next
speaker, Commissioner Coyle, are you recommending that for the
purpose of the City of Naples renourishment that it be done during
turtle nesting season?
COMMISSIONER COYLE: That's not my call. If there is a way
to begin earlier without causing any damage to the turtle nests, I think
we ought to try to do that.
You don't know where the turtles are going to be nesting. You
don't know how many are going to be nesting. But certainly it can be
expected that we won't find many new turtle nests in late October. We
will know where most of the turtle nests are by that point in time.
So there are things we could do. And I just am disappointed that
nobody has really taken the time to evaluate this alternative. So the
details have to be worked out and they should be worked out by the
people we pay to work them out and get on with it and quit telling us
we can't do anything.
CHAIRWOMAN HILLER: Kathy?
MR. MILLER: Your next speaker is Kathleen Robbins. She'll
be followed by Garrett Beyrent.
MS. ROBBINS: Good morning, Commissioners. My name is
Kathleen Robbins. I'm secretary of the Vanderbilt Beach Residents
Association.
I have two poster boards I'd like to show you and then leave them
up in front of you, if that's all right. The first is happier times and the
second will be today.
Happier times.
CHAIRWOMAN HILLER: Could we have someone hold --
okay, that's fine. If everyone can see this. Will they be picked up by
the camera?
MR. MILLER: Yes.
MR. OCHS: Put them up here.
CHAIRWOMAN HILLER: That's even better. Let's put them up
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there. Thanks, Mike.
MS. ROBBINS: And this is today. So there's not a whole lot of
COMMISSIONER COYLE: That's not today. That's a storm.
MS. ROBBINS: Well, it's recent.
CHAIRWOMAN HILLER: It's contemporary.
MS. ROBBINS: Contemporary, thank you.
Okay, I really have no opinion whether truck haul is better than
dredge. This poster here is in happier times, perhaps 10 years ago.
And this is showing the lack of beach that is our current situation.
Basically it's the same area of beach.
We need sand this year. I don't care whether it's truck haul or
dredge. They're equally inconvenient. I'm sure that both contracts
will be managed well. I think we should go ahead right now and get
started.
I appreciate Commissioner Coyle's comment, we should have
had this permitted last year, we should be doing it now.
CHAIRWOMAN HILLER: Actually, it should have been
permitted and already completed by last year.
MS. ROBBINS: Well, if you ask me --
CHAIRWOMAN HILLER: The permit process should have
been under way in the middle of 2010 and completed.
MS. ROBBINS: It's very frustrating, very frustrating.
We know what the costs are for the truck haul. We've got a bid
that's acceptable. We're going to reject the dredge bid that makes
sense. Next year, who knows. If we put it out, who knows what the
costs are going to be. We've got fixed costs this year.
I was going to say let's go ahead without the City of Naples,
sorry, Mayor Sorey, but -- if necessary. But then your suggestion that
we do it in phases --
CHAIRWOMAN HILLER: No, not in phases, we just will have
three separate proposals.
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July 9, 2013
MS. ROBBINS: Right, that makes sense to me.
So I would encourage you to choose your option three, accept the
truck haul bid and let's get moving. Thank you very much.
MR. MILLER: Your next speaker is Garrett Beyrent. He'll be
followed by Mick Moore.
MR. BEYRENT: For the record, my name is Garrett Beyrent.
I'm a registered lobbyist. I'm speaking on behalf of three property
owners in Seagate.
And I'm really interested in what you have to say about -- last
week three little kids almost drowned at Clam Pass inlet. And I
believe they were tourists. But long story short, it brought back some
memories to me. I lived in Seagate for a very long time and my
children and ex-wife lived in different houses there. And I remember
five years ago I was out at Clam Pass and it was very narrow. The
channel was 30 feet wide at the time, maybe even 20. And I thought I
was going to walk across it because the water looked really shallow.
And I was going to walk over to Pelican Bay.
And I decided after I walked out a few feet that the current was
too strong and I wasn't going to try to walk across it. I came back.
And this little kid walked behind me and started to walk out into the
channel and I said -- I turned to his mother, I said, "You don't want to
do that, because that kid's going to -- he's going out with the tide."
The tide was flowing at a very high rate.
And she didn't say anything to me. I could see the kid was in
trouble. I grabbed him by the arm and pulled him back. And I told
her, "You shouldn't let your kids" -- she had a few kids with her. I
said, "You shouldn't let your kids try to cross this."
And she looked at me with this blank stare and she started
speaking in German. And I realized she didn't understand a word that
I had to say.
Now what this has to do with beach renourishment is that right
now we've got a real problem with Clam Pass inlet. The CAC voted
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to have the channel be about 70 feet wide and the Board decided that
35 was wide. But when you narrow the pass down to 35 feet the tidal
outflow is extremely fast. But it looks like it's no problem. Looks like
you can sashay across it right over to Pelican Bay Beach. But you
can't, it's very dangerous. And I thought you should be aware of that.
Maybe in your beach renourishment plan you could plan on
widening the pass and use the sand to help renourish the other
beaches. That's about it. Thank you.
MR. MILLER: Your next speaker is Mick Moore. He'll
followed by Jason -- I can't read the last name.
MR. PARSONS: Parsons.
COMMISSIONER HENNING: Madam Chair, before he starts,
we have a particular item on the agenda. And if you could ask the
speakers to stay on point on the item, it helps me stay on the item
myself.
CHAIRWOMAN HILLER: Absolutely. No, I completely agree.
Thank you for your comment, Commissioner Henning.
MR. MOORE: Good morning, Commissioners. My name is
Mick Moore and my family owns the Vanderbilt Beach Resort on
Vanderbilt Beach. We've owned it since 1968.
Vanderbilt Beach is critically eroded and has been for more than
a year. I've appeared in front of this Commission most of the nine
times that this matter has been heard, and have been asking for
renourishment for several years.
I'd like to show you a couple of pictures of the beach that were
taken just a few days ago.
That's the beach right in front of our hotel where we barely have
enough room to set up one row, maybe another half row of beach
chairs without impeding the public walking up and down the beach.
We had a guest check out the other day that said we shouldn't call
it a beach, we should call it a sandy walkway.
This is a more aerial view of the beach in front of our hotel. And
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this was taken again just a few days ago over the holiday weekend.
You can see that there's barely any beach, dry beach at this time left at
all.
I've got one more picture I'm going to show you, and this is a
picture of the public beach, which is probably the most popular public
beach in Collier County just down the way on Vanderbilt.
Again, this was taken over the holiday weekend. And you can
see the extent of the beach erosion and the fact that people in the
community, our local citizens, when they come out to the beach on the
weekend have to fight to find a small space to put their towel down.
Now, I have to say, this is not what people expect when they
come to Collier County and come to Naples. They don't expect the
beaches to be in this kind of shape. And they're not going to keep
coming if the beaches aren't addressed immediately.
For years I've been asking the Commission to stop focusing on
building buildings on the beach and focus on renourishing and taking
care of the beach. Not only has the county not done this, planning
should have been started in 2010 for this so it could have been
completed on time in 2012, and that wasn't done. Now we're talking
about another one to two years? That's simply not acceptable. We
need renourishment right now. We need to take the proposal that's
right in front of you and execute it now. We can't wait around any
longer.
We urge that the Commissioner -- the Commission adopt option
three. Let's start truck haul as soon as possible. Let's get this done.
We had an emergency truck haul last year for our property. The idea
that we're going to have another one this year followed by another
renourishment next year, two or three or four renourishments all in a
row, you're not going to have hotel guests coming back if every time
they come to Naples there's a renourishment going on.
We need to do this now fully and be done with it. On Vanderbilt
Beach the hotels are in agreement. Full truck haul now. The residents
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are in agreement, full truck haul now. There's no reason we shouldn't
be able to get this done without impacting season. Let's find a way to
do it and do it.
CHAIRWOMAN HILLER: So unlike the request of Park Shore,
which is strictly limited to hotspots and unlike the City of Naples
request, which is again limited to hotspots, North Naples and what I'm
hearing from the hospitality industry as well as the residents, is do the
entire renourishment that's proposed now. Not simply hotspots but
essentially the full renourishment required for those north beaches by
truck haul.
MR. MOORE: Correct. We want to be done for another six
years.
CHAIRWOMAN HILLER: That's fine.
MR. MOORE: Let's go through it one more time and be done.
Let's not keep going through this over and over and over. That's what
the insanity is.
CHAIRWOMAN HILLER: Well, I'm going to make that as my
proposal for the north beach for the Vanderbilt Beach renourishment.
I'm going to make the first motion based on what I've heard and that is
that we move forward, if there is no legal impediment to accepting the
truck haul bid that's on the table or that was proposed.
Is there any problem with accepting that bid? Can we hear from
procurement.
COMMISSIONER FIALA: No, Commissioner Hiller. And I'm
going to second your motion. I've spoken to Mike Watkins over at the
Naples Beach Hotel and he totally agrees with it and he said that most
of the hotels feel the same way. They want option three, get started
now and get the job done for six years.
CHAIRWOMAN HILLER: Well, let's -- we know for sure for
the Vanderbilt Beach area. Can we just have procurement come up. I
just want to confirm that we can accept the truck haul bid that we had
previously rejected.
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MR. OCHS: Well, Commissioner, I'm going to ask for some
help from your County Attorney.
You're correct, you previously rejected those bids. If you want to
declare, as the Board said, as Commissioner Coyle suggested earlier,
some type of an emergency due to the --
CHAIRWOMAN HILLER: We should also confirm that with
the Clerk to make sure there's no --
MR. OCHS: Exactly.
CHAIRWOMAN HILLER: County Attorney, what's your
comment on that?
MR. KLATZKOW: I'd like to hear what the Board's direction is,
the exact direction that you want.
CHAIRWOMAN HILLER: I would like to start -- like I said, I
think we need to address the three beaches separately. Because just up
till now, not having heard all the speakers but I think we have enough
of a feel that there are different requests by the constituents of the
community of these three separate beaches.
So clearly what I'm hearing from Vanderbilt, which is the most
straightforward, is that what is requested there by the tourism industry,
as well as residents, is truck haul of the full renourishment now.
MR. KLATZKOW: You say now, but you're in turtle nesting
season now.
CHAIRWOMAN HILLER: And that has to be addressed. We
have to figure out what the impact on turtle nesting is.
MR. KLATZKOW: So the question --
CHAIRWOMAN HILLER: So can you bring Mr. Moore back
up to the dais? Where did he go?
And Kathy, would you step up with him? Because I want to start,
you know, bringing forward some motion so we can start addressing
this segment by segment. We will hear the rest of the speakers, but I
think we're at a critical point with the comments you made, Mr.
Moore.
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The County Attorney has pointed out that starting now does
move us into turtle nesting season. How do you propose addressing
that, you know, as the industry and as the community?
MR. MOORE: I mean, I'm not a biologist. Obviously you have
to work with The Conservancy. And whatever can be done during
turtle nesting season that's allowed to be done, we'd ask that it be
done.
CHAIRWOMAN HILLER: So basically start with proper
accommodation to the turtle nesting and then proceed full force
subsequent to that?
MR. MOORE: Start as early as you can possibly start, given all
the restrictions that you have to deal with. And one of those is turtle
nesting season. Start as early as possible, that's all we're asking.
CHAIRWOMAN HILLER: County Attorney?
MR. KLATZKOW: Well, I've heard a couple of things by the
Board here. One I've heard about, stockpiling sand. And you can do
that now.
CHAIRWOMAN HILLER: Okay, let's stay focused on the
Vanderbilt Beach project. I want to stay -- because that is one that
seems very simple.
MR. KLATZKOW: Well, if you want to start hauling in bid
sand now, okay, then it's really -- you're doing it really without with
regard to the turtle nests.
CHAIRWOMAN HILLER: What about hurricanes, what's the
risk of hurricanes on any stockpiles of sand on the beaches? What
impact could there possibly be, Gary?
MR. McALPIN: It would be very difficult to stop -- it would be
very difficult to stockpile sand at Vanderbilt Beach. We have the
access in through there. We would have to get, although you don't
like to hear it, a permit modification from DEP which would allow us
to stockpile sand on the beach. So Vanderbilt would be difficult for us
to stockpile sand on the beach.
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If I could address the issue with the turtle nests. There's three
options that you have. Turtle nesting season ends November 1st. We
could be in a position to start renourishment November 1st.
The second issue is as soon as the nests hatch on that portion of
the beach, we could receive clearance to go in there and put sand on
the beach at that point in time. Typically 9/15 is the date when turtles
have hatched over the last couple of years in that location.
The third option that you have is that any nests that are laid after
July 15th, that's the time we would relocate those nests so that they
would not delay the renourishment. That has issues, I know it, but
that's the third option that you have is to relocate the nests on
Vanderbilt Beach that are laid after July 15th. That's the gestation
period --
CHAIRWOMAN HILLER: How many nests do we anticipate --
MR. McALPIN: I think Mayor Sorey has said that --
CHAIRWOMAN HILLER: -- for Vanderbilt?
MR. McALPIN: We'd have to look at Vanderbilt specifically for
that. I don't have that detailed information right now.
CHAIRWOMAN HILLER: I want to stay focused. We're going
to --
MR. McALPIN: I am focusing on that. Those are the three
options.
CHAIRWOMAN HILLER: So can you get that information
back to us in this meeting so we can make a decision as to, you know,
how many nests are affected to see if it's a material number or not to
make a decision whether we should start 7/15, 9/15 or 11/1? Since we
can't stockpile, we have to have a start date.
MR. McALPIN: I don't know if we would be able to get that
information by the end of this meeting, but staff would work to get it
done as quickly as possible to get on the beach as quickly as possible.
MR. KLATZKOW: But you're leaving, though.
Gary, how long is it going to take to fully renourish Vanderbilt
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Beach?
MR. McALPIN: Vanderbilt Beach is -- it would take
approximately two months to renourish Vanderbilt Beach.
MR. KLATZKOW: So if you started mid September, be done
mid November?
MR. McALPIN: You could be done by the first of the year if
you get in there and start at that point.
CHAIRWOMAN HILLER: So can I please have the
representatives of the tourism industry and the Vanderbilt community?
With that in mind, is that acceptable?
MR. MOORE: Yes. I mean, if we can get done by the first of
the year, obviously Christmas week is a busy week for everyone, we'd
like to be done before that. But Bob Krasowski was just telling me
that September 15th is the last day, and again, I'm not a turtle expert,
when if the turtle nests are laid then you can relocate them and work
around them.
So if this project started by the end of September, early October
and got done before the first of the year, I think everybody would be
very happy that the project was over with, we're done for six years and
it wouldn't impact too much things that --
COMMISSIONER COYLE: Wait a minute. I've got a question
about that.
MR. MOORE: Yes.
COMMISSIONER COYLE: There are hotels on other portions
of the beach other than Vanderbilt. There are people who depend
upon the tourist business all along the beach, from Naples all the way
north. What I see coming up here is a proposal to renourish
Vanderbilt Beach and ignore all the others.
CHAIRWOMAN HILLER: No, not at all.
COMMISSIONER COYLE: Well, let's make that clear.
CHAIRWOMAN HILLER: No, we're going to take each one
separately.
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July 9, 2013
COMMISSIONER COYLE: Well, wait just a minute, wait just a
minute.
If it's going to take you from September until January to
renourish Vanderbilt Beach, when are you going to have time to do
Naples and the rest of the beaches?
CHAIRWOMAN HILLER: Can I address that?
COMMISSIONER COYLE: Well, let the staff address that.
CHAIRWOMAN HILLER: I know, but I would like to
comment on the point you're making.
And that is why I go back to the question of how many -- you
know, what the capacity of this single truck hauler is and whether or
not we can hire more than one truck hauling company. Because then
we can have, you know, simultaneous renourishments.
What I had heard from those people I had spoken to from the city
was that the city only wanted the hotspots done. Which is very
different than what I'm hearing what the North Naples residents
wanted. Now the North Naples residents have never been opposed to
the truck hauls. The City of Naples and Park Shore have been
viciously opposed to the truck hauls. So we have a very different set
of dynamics going on here.
So the next question I'd like to raise is the bidding.
MR. McALPIN: If I could address Commissioner Coyle's
comment.
Commissioner, what we would do is not rely on one source. We
would have probably -- we'd set up for two mines so that we have the
capability at two mines to pull sand, we would have two contractors
that would have the capability to haul in, and we would have two or
three unloading operations.
COMMISSIONER COYLE: Bottom line, does that mean you're
going to do the entire beach for 360,000 cubic yards?
MR. OCHS: That's a Board decision.
COMMISSIONER COYLE: You can complete it when? You
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start when and complete it when?
MR. OCHS: We could start November 1st, if not sooner. If you
want us to stockpile, we can start earlier than that, if you give us
authorization --
CHAIRWOMAN HILLER: Again, I would like to stay on point.
I'm sorry, I made it very clear, we're addressing the Vanderbilt Beach
issue first. We can then address the City of Naples. And if we want
to consolidate the motions because it seems efficient to do that, let's do
it. But for right now what I'm hearing very clearly is a clear definition
of what we can do.
And realize also that the Vanderbilt renourishment is
substantially smaller than the City of Naples renourishment. It is
substantially smaller. In fact, of the three renourishments, we're -- I
don't have the numbers in front of me, but it's I believe how many, 65
COMMISSIONER NANCE: It's 5,600 truck trips versus over
20,000 for Naples.
CHAIRWOMAN HILLER: Right. Again --
COMMISSIONER NANCE: Would the City of Naples support
a full renourishment by truck, or no?
COMMISSIONER HENNING: Not now.
CHAIRWOMAN HILLER: Can we not skip -- let's just stay
focused -- for the last time, I really would like -- we have a motion on
the table, we have a second. I want to clarify that the direction we're
giving for Vanderbilt Beach is without error.
So Nick, can you please help? And Jeff, can you please stand by
Nick and let's make sure we get what can clearly be done for
Vanderbilt articulated properly for purposes of the motion that has a
second so we can vote on it. And then the next beach we'll go to is
Park Shore and address that.
COMMISSIONER FIALA: But we should hear from our
speakers.
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CHAIRWOMAN HILLER: I agree. But I want to get this
motion on the table and get this done.
MR. CASALANGUIDA: Commissioner one of my fears -- Nick
Casalanguida for the record -- is this discussion is being broadcast and
the sand haulers are salivating right now watching us debate what
we're going to put on right now, and it's going to affect our bid.
And I think -- you're going to go in summer recess. If you
declare an emergency and based that emergency on the fact that you
don't want trucks predominantly there during the high traffic season
and you don't want it to affect the tourist season and you let us go
back to these same vendors right now and see what we can negotiate
with them and come back to the first meeting in September with
options, I think that's a pretty safe bet and clear direction.
The quantity is going to be the key issue, and you're trying to
break it down by segment, which I under --
CHAIRWOMAN HILLER: But we know what it is by segment.
We've clearly defined the quantities by segment. The only question is
for Vanderbilt the desire, and it is my desire as the commissioner for
that area, given that we have LaPlaya there, we have the Ritz there, we
have the Waldorf Astoria there, we have -- I mean, that is like -- and
granted, there are other hotels. But even Mike Watkins from the
Naples Beach Hotel supports what is being proposed by the hospitality
industry that is being adversely affected to the north.
So again, I really want to simplify this and let's get a clear
understanding. We've got the North Naples beach which is critically
eroded which has major industry -- has a major industry -- hospitality
industry impact, agreeable to a full truck haul, agreeable to it being
done as soon as practicable, which appears to be 9/15, and is agreeable
to, you know, the sand hauls from the mines. We have an existing bid
which we accepted and then -- I'm sorry, which we rejected, which we
could accept, articulating the emergency, which means we wouldn't
have to relet that.
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Is it possible to do it under the circumstances I just described?
MR. CASALANGUIDA: Yes, ma'am. Because your Vanderbilt
Beach is fairly straightforward in terms of Fay reimbursement. It
almost matches the six-year renourishment.
CHAIRWOMAN HILLER: Okay. So let's go ahead and the
motion I'm making with respect to Vanderbilt is that we declare the
emergency, that we accept the bid for the sand haul that was
previously rejected, that it be a full truck haul of the full quantity, not
just hotspots but the full quantity that was proposed that was approved
by the board as needed to reestablish the boundary. And have I
missed anything?
MR. CASALANGUIDA: Work around turtle nesting season.
CHAIRWOMAN HILLER: Oh, yeah, that we work around
turtle nesting, but if we can, as early as 9/15, which seems the most
practical date to get started.
MR. CASALANGUIDA: Right. What you're telling us, over the
summer come back on September 1st with a contract for you to
approve for that area --
CHAIRWOMAN HILLER: Correct.
MR. CASALANGUIDA: And with the best bang for your dollar
while avoiding turtle nesting season, with all the parameters of which
nests can be relocated --
CHAIRWOMAN HILLER: Correct.
MR. CASALANGUIDA: -- which should be left alone --
CHAIRWOMAN HILLER: For the full renourishment for that
beach.
MR. CASALANGUIDA: At Vanderbilt.
CHAIRWOMAN HILLER: Right.
Okay, so that's my motion.
And Commissioner Fiala?
COMMISSIONER FIALA: Your second agrees.
CHAIRWOMAN HILLER: Okay, the second agrees.
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So is there any discussion on the Vanderbilt proposal to start?
COMMISSIONER COYLE: Yes.
CHAIRWOMAN HILLER: Yes, Commissioner Henning.
COMMISSIONER HENNING: I don't want to talk about mullet
season, how it's going to affect this renourishment or anything like
that.
However, you do recognize what Nick said, best bang for your
buck. Is that fully understanded within the motion and the second?
CHAIRWOMAN HILLER: What does best bang for the buck
mean? Thanks for raising that.
COMMISSIONER HENNING: Yeah, we are, and I sense it and
others sense it, we are doing something emotionally urgency (sic).
And I want to make sure that we're doing it practical. And the
practical thing is make sure that we get the best bang for our buck.
Now, we already have bids.
MR. KLATZKOW: You have bids. You rejected them, okay.
What I'm hearing now is that you're going to say okay, we're
reconsidering that rejectment (sic). It's within your parameters, it's
just a procedural role, and we're going to accept those bids. Your
vendor --
CHAIRWOMAN HILLER: May refuse.
MR. KLATZKOW: -- may refuse. At which point in time your
staff needs direction, okay, on plan B what do you want us to do? Do
you want us --
CHAIRWOMAN HILLER: Plan B means you rebid it.
MR. KLATZKOW: Do you want us to rebid it.
CHAIRWOMAN HILLER: You have to.
MR. KLATZKOW: Because we do have time --
CHAIRWOMAN HILLER: You do.
MR. KLATZKOW: -- to go back with --
CHAIRWOMAN HILLER: So if they don't accept what they
originally offered, which we now are considering acceptable, then put
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it back out to bid.
MR. KLATZKOW: Okay, we'll bring the contract back to you
in September.
CHAIRWOMAN HILLER: Right.
COMMISSIONER HENNING: And if we need to convene?
CHAIRWOMAN HILLER: If we need to convene, we'll
convene on an emergency basis.
COMMISSIONER HENNING: Or as need be basis.
CHAIRWOMAN HILLER: Right, absolutely. If this Board has
to convene, we can absolutely convene on an emergency basis
between now and September, if for any reason that is necessary. And,
you know, those who are not in town can participate telephonically
and those who are here can attend. You make a very good point,
Commissioner Henning.
So that's the first one.
Commissioner Nance?
COMMISSIONER NANCE: Yes, I fully support the wishes of
the North Naples property owners and I think it's wise. But at the
same time I agree with Commissioner Coyle that I think we need to
discuss what's going to happen in Naples before we take action, for the
simple reason that when we put in bid out it was for 360,000 cubic
yards out and 25,000 truck loads of sand. When we're talking about
Vanderbilt, we're talking about truck loads of sand. I doubt that you're
going to get the same bid rate for 5,000 truck loads that we achieved
earlier for 25,000 truck loads.
CHAIRWOMAN HILLER: But --
COMMISSIONER NANCE: Excuse me. I think it's very wise
to go with what Mr. Casalanguida said and let us open negotiations
with the truck haulers before we get too far down the road and we
create ourselves a problem.
I have no problem supporting it. But I do think that the totality
of what we're going to engaging in needs to be decided prior to us
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deciding to take any action on a segment of it. I think it's just good
management.
CHAIRWOMAN HILLER: Well, it's not a question of that.
Because the decision of what's going to be done by beach can be
decided individually. How we practically physically go out and bid
this, whether we bid this in total for three segments in, you know,
different respective numbers doesn't affect the issue. I mean, what we
have to decide is what each beach wants.
COMMISSIONER NANCE: I agree. But I think how we bid it
will be materially affected by the way we did approach it. I think if
we chop it up in little pieces we're going to get a materially different
result.
CHAIRWOMAN HILLER: No, no, we have to -- and that was
made very clear -- may I? We have to clearly identify the amount of
sand by beach. The reason the previous bids were rejected is because
we gave a total number and we didn't identify it by beach and the
contractor came back and said oh, no, you have to give us specific
numbers by segment so that we can price it accordingly.
So what we have to do is identify the quantities by the segments.
And we have three segments.
COMMISSIONER NANCE: We have that, Commissioner
Hiller. And we also have trucks which can put the sand exactly where
you want it. They can put it there, they can put it there. It's not a
question of it's a segment. They're going to get the sand in the right
place.
I'm more concerned that we get the right number of loading
operations arranged for so that we can get the sand we need out of the
mine. It's not going to be a truck availability, it's going to be a digging
issue. It's going to be an unloading issue. That's where the logistics is
going to be. And I think it's in our best interest if we look at the
totality of what we're doing so we can decide to give these gentlemen
clear direction on what to start discussions on. We're asking them to
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take on an very logistically intense activity, and they need some time.
COMMISSIONER COYLE: My light is on. May I make a
statement?
CHAIRWOMAN HILLER: I think, Commissioner, that Mr.
Casalanguida --
COMMISSIONER COYLE: Commissioner Nance is absolutely
correct. And I am not going to vote for this motion for specifically
that reason. You're leaving out all of the other beaches in order to get a
cozy little deal for Vanderbilt Beach.
The staff has refused to tell us whether or not -- or they haven't
been allowed to tell us whether or not you can do the Naples beaches
at the same time and within the same restrictions. That has been
completely excluded here.
CHAIRWOMAN HILLER: We're not, we're --
COMMISSIONER COYLE: And I am not going to support a
motion that takes a segment of the beach without taking into
consideration the totality of the entire project. And that's what we
should be talking about right now. We should not be talking about
carving out one section of the beach and developing a private little
agreement on that one and then going to another.
I'll remind the staff and others that it is this idea of carving up the
beaches that has delayed this for over a year.
CHAIRWOMAN HILLER: No, no, very much the opposite.
COMMISSIONER COYLE: We have been arguing with
Commissioner Hiller about this for nine times in the Board of County
Commission meeting and it always comes back to we're not going to
do anything unless we can identify in segments. Well, you know --
CHAIRWOMAN HILLER: That's what the --
COMMISSIONER COYLE: That is not the effective way to do
this and we need to talk about the totality of the project.
So can you tell us something about the totality of the project?
MR. CASALANGUIDA: The easiest answer I think that works
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for everybody is the Fay renourishment. Because it covers Vanderbilt
to the extent with --
CHAIRWOMAN HILLER: I won't vote for that. I find that
unacceptable. I have a beach and I have constituents that are willing
to accept a truck haul on 100 percent of the renourishment.
MR. CASALANGUIDA: Ma'am, they match. I just want to
make sure I'm clear.
Doing the full renourishment at Vanderbilt matches Fay. And
the City has already said they want Fay renourishment. That covers
both Vanderbilt to the extent where your constituents want it, it covers
Vanderbilt to the extent where the hoteliers want it, and it also covers
to the extent the City has requested.
The only thing I need help from the City with and with
everybody is give us some flexibility on the dates. What staff would
do -- what staff would do is go meet the vendors, if the Board declares
an emergency. We would put out the quantities and locations per
what's on the Fay reimbursement, which is 100 percent of the six-year
design at Vanderbilt, so your hoteliers and constituents get that. It
meets what the City wants, because that's what they requested in their
proposal.
The only thing hampering me is the deadline of January 1st. And
at the direction of staff is start as soon as possible, considering turtle
nesting season, and then complete it as soon as you can but don't put
an arbitrary deadline on me, then I think we've got something to bring
back to you in September.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: I don't care how we do it, I just
hope that we can remove the emotions and the potshots at everybody
and let's do the public's business.
So if we're going to deal with the City of Naples, which is Park
Shore and the City, I'm ready to comment. If we're still going to
bifurcate it, then let's see where the vote goes.
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CHAIRWOMAN HILLER: We have a motion and a second on
the table. And again, I'm going to -- go ahead.
MR. KLATZKOW: What you may want to do is, just a
recommendation, talk about the three segments and then vote all at
once.
CHAIRWOMAN HILLER: Yes, but there's a problem with that.
Because if for example a segment is proposed and it doesn't -- it's not
found acceptable, then the whole thing fails. And what do we do, start
again?
I mean, again, the bidding can be done in totality. The decision
as to what should be done by segment should be decided individually.
Because it's not one size fits all.
COMMISSIONER HENNING: And we're all saying the same
thing.
CHAIRWOMAN HILLER: My point exactly. Which is why I'm
saying we can easily vote on each segment. And then it gets bit in
totality based on the formula by segment.
And it has to be identified by segment. That was the problem in
the previous bid, that we were not identifying the quantities by
segment.
COMMISSIONER COYLE: Well, could I point out that the
staffs report says that there are 60,000 cubic yards for nourishment in
Vanderbilt Beach? At least that's one of the hotspots, right? You've
broken these things out in segments at least for the hotspots. You
haven't broken out otherwise as far as the total amount of sand going
on each beach.
It's irrelevant. You've already got a plan for where you're going
to put the sand.
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER COYLE: It's right there. So all you've got to
do is make a decision to do the entire plan and get it done as quickly
as possible. That's the only decision we have to make; is that not
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correct?
CHAIRWOMAN HILLER: But that's not what I was hearing.
Because what I heard specifically from the City of Naples was they
only wanted hotspots. What I just heard from the representative of
Park Shore was they didn't want everything done. I had a very nice
lady speak right before this Board telling us that they did not want all
the trucks to do the entire job now, that they were fine with hotspots.
So that is why I'm saying, to suggest that we do this entire job as
a truck haul by the various segments 100 percent is not what these
communities want. I mean, North Naples may want that, Park Shore
doesn't want it. Correct?
MS. LEDDY: Correct.
COMMISSIONER COYLE: One person from Park Shore
doesn't --
COMMISSIONER HENNING: Okay, let's vote on the motion.
MS. LEDDY: Excuse me, Mr. Coyle, I'm from the Park Shore
Association. I'm the secretary.
COMMISSIONER FIALA: We still have not heard from our
other speakers. There might be --
CHAIRWOMAN HILLER: Agree. Should we go back to the
public speakers then?
COMMISSIONER FIALA: -- that might want to speak on this
subject.
CHAIRWOMAN HILLER: Commissioner Fiala, let's do that,
we'll go back to the other speakers. We still have a motion and a
second on the table. And we'll hear from them and then we'll see
where that first vote goes.
MR. MILLER: Jason Parsons is your next speaker. He'll be
followed by Peter Gaddy.
MR. PARSONS: Good afternoon, everyone. Jason Parsons. I'm
the general manager at the Naples Beach Hotel. So I think pretty good
timing. Also representing Mike Watkins.
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I'll keep it sort of brief. We're 100 percent supportive of option
three for the City of Naples and for the Naples Beach Hotel region.
We support everything that Mick said.
It's not only -- you know, the good news I guess is logistically we
may save some time this year opposed to last year. When we started
this process last year the logistics took about two, three, four weeks to
get sorted out. We know what to do, we know where to do it, we
should be able to get that going quickly. It's our wish that this start
ASAP.
There was a picture beyond -- if someone could remove what
was up on the board. I had a picture just underneath it. The beaches
down in the City of Naples region are absolutely horrible. I mean,
they're completely eroded. You'll see we've got a cliff. You know, we
absolutely 100 percent depend on those beaches. And I can't tell you
how many guests I get now walking out there saying what is this all
about?
The other big issue for us is if we continually do these sort of
quick-fix renourishments or hotspot renourishments, year after year I
have guests coming back and they're going to get a renourishment
each time they come.
Look, we all know there's many choices to make. They don't
have to come to Naples. They can go anywhere they'd like. And
they're going to start going to other places if we don't handle the
situation, handle it now, and handle it the way it should be and the
way it should have been done long ago.
And I forgot who spoke about it previously, we also need to look
into ways to make sure that this doesn't continually happen. There's
got to be measures put in place to stop the erosion.
I think we need to go through the pain, we need to do it now, not
just for Vanderbilt, we need to do it all the way across the board and
get it done. And then we need to put measures in place to make sure
that we're not doing this and coming back to this every two years. I
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mean, it's kind of ludicrous.
So we're 100 percent supportive of option three. When I say we,
it's Mike Watkins and the Naples Beach Hotel. And thank you very
much for your time.
MR. MILLER: Your next speaker is Peter Gaddy. He'll be
followed by Jon McGaunn.
MR. GADDY: Good afternoon, Commissioners. Peter Gaddy on
behalf of the Golden Gate Estates Area Civic Association.
We support option three and a complete renourishment according
to the 2006 design template. You've gotten into this pretty deep
already, I'm going to throw the rest of my speech away.
But I'd just like to point out that there's one positive benefit, is by
doing a truck haul we're going to keep a large amount of this money
within Collier County. And it's going to help with jobs, particularly in
the eastern part of the county. So thank you very much,
Commissioners, and I'm going to go to lunch.
MR. MILLER: Your next speaker is Jon McGaunn.
MR. McGAUNN: Good afternoon. My name is Jon McGaunn,
I'm hotel manager at the Ritz-Carlton Naples. And we are in support
of a full renourishment as soon as possible.
And Mr. Moore hit on many of the topics I was going to discuss.
But just this past holiday weekend was a good example. If any of you
wanted to take a walk on the beach, you had to -- you couldn't wear
your shoes because you were going to be walking in the high water
mark in water. If you wanted to play football or throw the ball you
weren't able do it because you were walking over each other.
So in order for us to stay relevant at the Ritz-Carlton and
continue to have new guests and repeat guests, we need to keep the
beaches as pristine as possible. So we are in full 100 percent support.
We go through a remastering starting July 25th to October 1st, so
if you need a place to store the sand in the meantime, we'll be happy to
do that.
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MR. MILLER: Your next speak --
CHAIRWOMAN HILLER: That's a very interesting point.
Gary, did you hear that? Since The Ritz is going to be closed for
that period of time, we could actually start placing sand on the north
beach in front of The Ritz since they won't have any guests.
MR. McALPIN: I'm sorry, I missed the time frame. What was
the time frame?
CHAIRWOMAN HILLER: Mr. McGaunn, can you come back
up?
MR. GANGULI: July 25th to October 1st.
CHAIRWOMAN HILLER: July 25th to October 1st we could
actually stockpile in front of The Ritz.
MR. OCHS: Okay, Commissioners, here's again the point that
Gary made before that you're missing. If you're going to stockpile off
the beach like at Lowdermilk Park or in a beach access road, you don't
need a permit. If you're going to stockpile it on the physical beach --
CHAIRWOMAN HILLER: You need a permit.
MR. OCHS: -- we need another permit.
So that's why we suggested that if a stockpile is an option for this
Board, we do it in the City of Naples where we can stockpile off the
beach proper, but not at Vanderbilt Beach. I think we can get it done
at Vanderbilt Beach without a stockpile --
CHAIRWOMAN HILLER: Okay. So we don't need -- so what
you're saying is we do not need a stockpile in North Naples.
MR. OCHS: That's our recommendation, yes.
CHAIRWOMAN HILLER: Okay, Commissioner Nance?
COMMISSIONER NANCE: Yeah, I don't think we should
spend a lot of time trying to stockpile things somewhere. Because I'll
tell you what, sand -- the only thing worse than moving sand once is
moving it twice.
MR. MILLER: Your next public speaker is David Galloway.
He'll be followed by David Jeskie.
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COMMISSIONER HENNING: Like pumping out your sewer
twice.
MR. GALLOWAY: Thank you, Madam Chair and
Commissioners. David Galloway, President of the Vanderbilt Beach
Residents Association.
We've always been supportive of getting the sand man to the
beach the last couple of years, whether it's by dredging, truck load or
kids bringing their buckets to the beach.
One proposal. If we took -- remember at Clam Pass, that
never-ending deal there a few months ago, it took children, 150 people
different times dredging that with little shovels to get the media out
there to say we've got to take care of that Clam Pass issue.
If it's takes that to get the sand on the beach, then that's what we
have to do. We might have a special ordinance maybe just saying that
little kids can't pull buckets of sand and throw it in the ocean, as we
see it all the time when they're playing out there.
The point being is that if we wait any longer and not have a plan
in place that's not just an every two-year plan and emergency hotspots
plan, there won't be any turtles on the beach. Right now they're
nesting up near -- if you look at the turtle nesting areas, closer to the
seagrass than ever before. It's because the water is higher and there's
no sand for the dry sand for them to go to.
The last storm we had a week ago, the water was over the nests,
which is unusual. Usually there's some times it happens, but generally
they remain dry throughout the season.
So that's why, if we're going to protect the turtles, then we have
to have the stuff done now. We may sacrifice a couple of the nests
this year, but I think they'll be back in better form next year for the
conservationists such as myself.
If we don't do that, the turtle nests, we'll be looking to put little
turtles out on our lanais because they'll be having to come up that high
to get away from the high water mark of the ocean.
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CHAIRWOMAN HILLER: Thank you very much.
MR. MILLER: Madam Chair, your next speaker is David Jeskie.
He'll be followed by Margaret Suleck.
MR. OCHS: Madam Chair, just a quick point before the speaker.
This has come up several times about why the Board or the county
isn't doing something to put hardened structures along the beach to
impede erosion. Simple answer is because the state will not allow it,
period.
CHAIRWOMAN HILLER: Well, one thing we are doing and
that is we are applying for funding through the BP consortium to build
reefs in addition to the reefs that we already have. And one of the
things that these reefs will do is be somewhat of a barrier to protect
beach erosion, so there --
COMMISSIONER HENNING: That doesn't put sand on the
beach and that's the topic in front of us right now.
CHAIRWOMAN HILLER: I understand. The County Manager
is just raising that because the public keeps raising it. And I just want
people to understand that there are structures that will be going out
there that are permitted.
Go ahead, Mr. Jeskie.
MR. JESKIE: David Jeskie, board member, Vanderbilt Beach
Residents Association.
I also would like to go forward with option number three. One
thing that keeps on coming up, I get a chance to talk to the public
every day, and the beaches really have become deplorable.
You have to keep in mind in Collier County here, that's our
product. We're providing a first-class beach. We're not taking care of
the product. You have a bunch of five star resorts in Vanderbilt Beach
and within the City of Naples. We're not providing a product for
them. We have to provide a product and safeguard it.
Again, for whatever reason this should have went forward in
2010, we wouldn't be here talking about it now. But it really is key
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that we don't throw money further into tourism when in fact the
tourists, we're going to have a residual value of tourists not coming
back because the beaches aren't in acceptable positions. So I really
think it's critical that we move do forward now and we move forward
fastly.
Again, Mr. Coyle, this isn't a Vanderbilt Beach thing, this is the
City of Naples. You sit there with your schmuck face and try to, you
know, put your attitude into it. Take a step back and look at the whole
picture, okay. We sat many a years watching you up front here
making faces as everyone came up. And it's kind of interesting now to
stand there and watch you make faces at everyone else, okay, as we
continue. Try to be a little more professional, okay?
COMMISSIONER COYLE: Thank you for the critique.
MR. JESKIE: It might go far for you.
MR. MILLER: Your final public speaker on this item is
Margaret Suleck.
COUNCILWOMAN SULICK: Thank you, County
Commission. It's different to be on this side of the podium.
Member of Naples City Council, also a resident of the City of
Naples.
Just wanted to mention that at the meeting that the city held on
beach renourishment, most of the residents came forward and felt that
truck hauling was not the way to go as far as the city -- and Park Shore
is a part of the city -- as far as the city was concerned. And my
concern was that that was never even considered for the city beaches.
My concern also is for the infrastructure damage that is going to
occur, not only to our roadways, to the horticultural environment
within the city, not only the quality of life and the timing of this
project.
I would ask that if we're on a six-year time table -- we know that
we're on a six-year time table and we have everything in place to just
do it on a six-year time table. And I would ask that you seriously
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consider reevaluation of how the monies are evaluated from the TDC
funding for beach renourishment, knowing that this is going to
become more and more expensive instead of less and less expensive.
And that in fact is what those funds should really be used for, for
beach renourishment as opposed to advertising and promotion. That is
where the money should be spent, and that is what -- that's what brings
people to Collier County.
But we heard loud and clear from the people who live within the
City of Naples that they do not want a truck haul of probably 20,000
trips through the city during the season and that's why they preferred
the spot renourishment.
CHAIRWOMAN HILLER: And Councilwoman, that is what I
heard also. That's why I was suggesting that we establish what each
beach will tolerate as a community. Because what I had heard is
exactly what you're articulating, that the City of Naples was opposed
to this massive truck haul. And what they wanted as the interim
measure, what they wanted done now was the hotspot renourishment
via truck haul to basically protect against exactly what you're
describing. And that was my understanding of what Park Shore
wanted also.
So, you know, what Vanderbilt is willing to support is different
than what the City seems to be willing to support or Park Shore is
willing to support.
COUNCILWOMAN SULICK: But I think the point is also well
taken, as Commissioner Nance brought up, this should be something
that's looked at globally. You can't just say do it by section of the
beach and section of the beach because you need to put this out and
talk to your resources as an entire project, not beach section by beach
section.
CHAIRWOMAN HILLER: But just so you understand, the
reason we have to address --
COUNCILWOMAN SULICK: I understand.
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CHAIRWOMAN HILLER: -- the section is just so that we know
what that total number is. Because we're not looking at doing a truck
haul for the total project, because we want hotspots in the City of
Naples, hotspots in Park Shore and the entire project, which is a very
small project, in North Naples. So the sum total is what will be bid.
But we have to agree by segment what the different segments want.
And so that's why I suggest the individual vote, because I want to
respect what the City of Naples would like, as articulated by you.
Which is different than what North Naples wants.
COUNCILWOMAN SULICK: But I think your staff --
COMMISSIONER HENNING: Why are we debating this with
the public? We should be debating this with ourselves.
CHAIRWOMAN HILLER: Let's do that.
COMMISSIONER FIALA: Well, let me ask the City
Councilwoman please. Did you hear from the hoteliers during your
meeting?
COUNCILWOMAN SULICK: Yes. And we have two hotels
within the City, and those are areas where there are hotspots and they
will be addressed.
So I think when you take a look at where those hotspots are,
those things tend to overlap and they will be addressed. So I think just
as was explained to us, most of Vanderbilt Beach is considered a
hotspot. But I think from an economic point of view you have to look
at the project in its entirety and globally and not break it down and not
make it sound like it's -- one segment is going forward and another
isn't, and let your staff do what is best.
CHAIRWOMAN HILLER: But we can't do that because we do
have to articulate what each segment wants, because it's different by
segment.
I think Commissioner Henning is absolutely correct, let's focus at
the Board level.
Commissioner Henning, would you like to start the discussion?
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We have a motion and a second.
COMMISSIONER HENNING: I can't call the motion because I
wasn't the second or the first, so I'll --
CHAIRWOMAN HILLER: But I can go ahead and call it.
COMMISSIONER HENNING: Okay.
CHAIRWOMAN HILLER: And then like I said, what I'd like to
do is after that make a motion as to what approach we want to use for
Park Shore and then thirdly the approach that we're going to use for
the City of Naples, and then direct staff to go out and get a
consolidated bid based on the three. So with that --
COMMISSIONER NANCE: Remind me what we're voting on.
CHAIRWOMAN HILLER: What we are voting on -- and again,
I'm going to articulate the approach so there's no misunderstanding.
The -- what staff will do after we have finished all three votes is
they will go out and bid this as one project. But they will know with
specificity how the sand will be placed by the various segments. We
have three segments: We have the City of Naples, we have Park
Shore and we have Vanderbilt. And each of them seem to have
different needs and requests.
The motion that's currently on the table addresses the first
segment, which is Vanderbilt, which is a very small quantity of sand.
And the proposal there is to do a truck haul as quickly as possible, and
we believe the earliest would be after September 15th, and to do the
entire amount, not just the hotspots but the entire amount of what is
needed to reestablish to, you know, our 2006 boundary. And we know
exactly what that quantity is.
And so what we have heard from the constituents of both the
tourism industry and the residents of North Naples is that is what they
want. Because they have actually never been opposed to a full truck
haul for their renourishment.
So that's the first motion. And we have a motion and second on
that.
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And then the second motion will be with respect to Park Shore,
and the third one will be --
COMMISSIONER NANCE: Just for clarification, when we
establish the total volume, then the resources are going to be allocated
equally among all users of --
CHAIRWOMAN HILLER: No, no, they don't want that.
COMMISSIONER NANCE: No, no, the tools that we have to
use to get the benefits that they want are going to be shared equally
and appropriately; is that right?
CHAIRWOMAN HILLER: It's going to be --
COMMISSIONER NANCE: The trucking resources are going to
be allocated fairly amongst all consumers of those resources.
CHAIRWOMAN HILLER: It's going to be based on what they
want. Like Park Shore -- what you're saying --
COMMISSIONER NANCE: If we have limitations on what we
can do --
CHAIRWOMAN HILLER: Park Shore doesn't want --
COMMISSIONER NANCE: No, I understand, that,
Commissioner Hiller. What I'm asking for clarification is if we have
limitations on the amount we can dig and the trucking that we have
available, it's going to be shared amongst all the consumers of the
beaches evenly. In other words, they're going to share with the
shortfall, if there is one.
CHAIRWOMAN HILLER: Sure. Absolutely. But I don't
believe that there will be --
COMMISSIONER NANCE: No, that's fine.
CHAIRWOMAN HILLER: -- because the quantities that we're
talking about are not so large. You know, when we were putting it out
to bid before, we were looking at the totality. But we're looking at less
than the whole. And they were able to do the whole before --
COMMISSIONER NANCE: That's fine.
CHAIRWOMAN HILLER: -- without a problem.
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So yeah, your point is well made.
So I'm going to -- go ahead.
MR. KLATZKOW: Can you add to that motion --
CHAIRWOMAN HILLER: Yes.
MR. KLATZKOW: -- if the Board declares an emergency, it
waives formal competition.
CHAIRWOMAN HILLER: Yes, the Board declares an
emergency and waives formal competition. And that will be true for
all three hauls: For the Vanderbilt, the Park Shore and the Naples.
And that allows you basically to reactivate the previous bid that was
rejected.
MR. CASALANGUIDA: And also sand sources. You're waiving
CHAIRWOMAN HILLER: Right.
MR. CASALANGUIDA: -- the competitive bid process,
declaring an emergency, you've already got prices on the table so I
know what I'm working with.
CHAIRWOMAN HILLER: Right.
MR. CASALANGUIDA: Okay.
CHAIRWOMAN HILLER: Is that okay, Commissioner
Henning?
COMMISSIONER HENNING: I need to know a little more
about that. So if we're waiving that, are we going to get the best price
possible?
MR. CASALANGUIDA: Well, Jeff likes the point you can't
unscramble an egg. You've got prices on the table. So if we meet
with these people and all of a sudden they jump up, we're going to
bring that number back to you. And if it's not a competitive price,
we'll recommend you don't approve it.
COMMISSIONER HENNING: Okay. Well, I would
recommend if it is a substantial jump that we gather while we're on
break.
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MR. CASALANGUIDA: Yes.
CHAIRWOMAN HILLER: I agree.
MR. CASALANGUIDA: And Commissioner, if you add to that,
if we got a good price, that while you're on break if we can bring a
contract forward, even if just a one-hour emergency meeting to get the
contract approved so we can start earlier, even by phone or however
we do it, that would be great.
COMMISSIONER HENNING: That's fine with me.
CHAIRWOMAN HILLER: I'm fine with that.
All right, so we have a motion as amended and a second.
COMMISSIONER COYLE: I have a question.
CHAIRWOMAN HILLER: Yes.
COMMISSIONER COYLE: Just question of staff. Can you
remind us of the volume of sand that is going to be placed on
Vanderbilt Beach?
MR. CASALANGUIDA: 53,000 up to 60,000. That's the range.
COMMISSIONER COYLE: 53 to 60.
MR. CASALANGUIDA: Yes, sir.
MR. OCHS: It's in the yellow --
CHAIRWOMAN HILLER: Does that include the Pelican Bay
quantity --
MR. CASALANGUIDA: No, ma'am.
CHAIRWOMAN HILLER: Why not include that in there?
Because they're paying that for themselves.
MR. OCHS: Pelican Bay is over here.
CHAIRWOMAN HILLER: You should, because you bid it.
Because all that happens is we get a volume discount when you put
more on there.
So like I said, Pelican Bay is paying for their own, but it should
be included in that.
COMMISSIONER COYLE: So the 53 to 60,000 cubic yards is
almost identical to the hotspot repair in Vanderbilt Beach.
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MR. CASALANGUIDA: It's the six-year desire, it's the Fay, it's
everything. They all match.
COMMISSIONER COYLE: It's very consistent.
MR. CASALANGUIDA: Yes.
COMMISSIONER COYLE: Okay. So we have that number to
identify --
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER COYLE: -- the scope of work for that
particular area.
MR. CASALANGUIDA: Yes, sir.
CHAIRWOMAN HILLER: And plus the Pelican Bay, which is
going to be paid for by Pelican Bay for purpose of bidding. But
they're paying their own. That has nothing to do with us financially.
MR. CASALANGUIDA: Sure.
CHAIRWOMAN HILLER: All right. So with their being no
further discussion, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
So the second motion is with respect to Park Shore. And what
we have heard Park Shore through their association say is that they
would like their hotspots renourished by trucking and not the entire
amount. Because they want to limit the number of trucks going
through their community. So what --
MR. CASALANGUIDA: City Council voted for the Fay plus
the hotspots. That's what they approved. So if that's what they want, I
would suggest that's what we assign to --
CHAIRWOMAN HILLER: I want to make sure I get that from
Park Shore.
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Are you okay with that?
MS. LEDDY: Yes.
CHAIRWOMAN HILLER: So Fay plus the hotspots.
MR. CASALANGUIDA: Yes, ma'am.
CHAIRWOMAN HILLER: All right.
MR. OCHS: Commissioner, on your visualizer you have the Fay
and the hotspots. For Park Shore together is roughly 75,000 cubic
yards.
CHAIRWOMAN HILLER: So Park Shore is 75. And then -- so
let's go ahead and take a vote on that.
COMMISSIONER FIALA: You haven't made a motion yet,
have we?
CHAIRWOMAN HILLER: No, I'm going to. I just want to
make sure that we're in agreement.
COMMISSIONER COYLE: I need to ask another question
about cubic yards.
COMMISSIONER NANCE: I do too.
COMMISSIONER COYLE: Are we voting to apply 75,000
cubic yards or only 35,000 cubic yards to Park Shore?
MR. OCHS: 75,000.
COMMISSIONER COYLE: You're voting to provide 75,000.
That is more --
CHAIRWOMAN HILLER: Can you come up, since you
represent that group?
COMMISSIONER COYLE: That is more than the City has
identified as 60,000 cubic yards -- no, I'm sorry, 35,000 cubic yards.
CHAIRWOMAN HILLER: If you would look up at the
schedule, okay, this helps -- you've got two issues: You've got the
impact of the storm, which is 35,000, and then you have hotspots,
okay, which are areas that are more heavily eroded, and that's 40,000.
Which would give a total volume of 75. The total, if it were to be
redone to the design template, would be 113.
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Can you leave that up there, please. No, don't put both up, just
that one. Let's keep it simple.
So when you were discussing this with your constituents, did you
look to hotspots plus Fay, which is 75, or only to the hotspots, which
is 40?
MS. LEDDY: I understood that we were talking about the
hotspots that were covered by Fay.
CHAIRWOMAN HILLER: Okay. So what's the overlap
between hotspots and Fay that would be included only in the 35 then?
MR. CASALANGUIDA: Roughly 35 for Fay and another 35
plus or minus for the hotspots.
CHAIRWOMAN HILLER: No, no, no, that's not the question.
Again specifically, which hot -- where you have Tropical Storm Fay,
what is the overlap between Fay and hotspots? Not hotspots --
MR. CASALANGUIDA: 35,000.
CHAIRWOMAN HILLER: So 35. So do you want 35 or do
you want 35 plus 40? In other words, a total of 75. Because that will
impact, you know, how many trucks you have going through, and I
know you want to keep that down.
MS. LEDDY: What are hotspots covered by Fay.
CHAIRWOMAN HILLER: Okay, so that's 35,000.
MS. LEDDY: Correct.
CHAIRWOMAN HILLER: Okay. So Park Shore wants 35,000
truck hauled.
So then the motion for Park Shore is 35,000 cubic yards of sand,
which includes -- which is Tropical Storm Fay, inclusive of hotspots
that overlap by truck haul, again emergency bidding -- yes.
MR. CASALANGUIDA: Ma'am, I just want to be a little
cautious here, all due respect to the constituent. City Council said Fay
plus the hotspots, and I think when we get into talking just --
CHAIRWOMAN HILLER: I actually -- I have to clarify that.
Because I for example met with one of the Council representatives and
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my understanding was the same as what the Park Shore representative
said, which is not Fay plus hotspots but Fay inclusive of hotspots that
overlap for the City. That was my understanding.
MR. CASALANGUIDA: I would defer to Mayor Sorey, but my
understand --
CHAIRWOMAN HILLER: It was on the record. I mean, I want
to just know what the vote was.
MAYOR SOREY: Madam Chair, the vote at that time, we did
not have the number that was the hotspots/Fay. That number came
back with only 28,000, as I recall, Mr. McAlpin.
So as a representative of the City, we would accept the 75,000.
And Council is not in session, therefore I as Mayor can speak for the
City, and we would accept 75,000.
CHAIRWOMAN HILLER: I'm just going to tell you, that's
going to double the amount of trucking that's going to go through Park
Shore.
MAYOR SOREY: I understand that. I think the reality is,
though, that after you look at the beaches after the last few storms, we
need to proceed on this, as we've got a real problem.
And with all due respect to Ms. Leddy, she only represents a
small portion of Park Shore and cannot speak for the City.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes, I have a technical question,
Nick, and Mr. McAlpin, maybe you can help me on with this.
I'm doing the calculations that you provided, I'm doing a little
simple math, and according to my math, the number of trucks that
you're projecting and the number of yards you're moving, you're only
calling for 13.8 yards per each truck delivery.
And also your calculations call for the density of this material to
be 3,000 pounds per cubic yard. I think that's a little high. Are you
sure of these numbers?
Because the reason I'm asking, it's very important, because it
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severely inflates the number of truckloads that you have if it's not that
density. I don't know of sand being 3,000 pounds per yard.
MR. McALPIN: I think that if you look at the numbers, there's
1.4 tons per cubic yard and then you have to add moisture to that
which is another eight percent. So you're talking about a multiplier of
about 1.4 to convert cubic yards to tonnage. And then you're talking
about 21 tons per truck. And that what we did to calculate that. We
checked those with the industry standard --
COMMISSIONER NANCE: So you're comfortable with that?
MR. McALPIN: I am very comfortable.
COMMISSIONER NANCE: Well, it just seemed a little heavy
to me. Like I say, only 13.8 yards to the truck, that's a lot more loads.
COMMISSIONER COYLE: Well, the -- I can guarantee you
that a cubic yard of rock weighs 3,000 pounds, and it's entire possibly
that sand packing together a little more tightly with some moisture
would be about the same weight.
CHAIRWOMAN HILLER: Well, there seems to be some
disagreement between the constituency and the Council and Mayor
Sorey. I mean, I'm trying to -- I think we need to respect what the
City Council voted on if we're going to do anything.
And again, what did the City Council vote for? Because when I
spoke to a Council member even just yesterday I was told that what
the Council wanted was strictly their hotspots renourished. So --
because they were very much opposed to the truck hauling. So I need
clarification.
Who watched the meeting, the City Council meeting? What was
the vote of the meeting? I need someone to tell me what the vote of
the meeting was.
MAYOR SOREY: The vote was unanimous. And as I indicated
to you, the question was, which Mr. McAlpin and I did not have the
foresight to calculate and the reality is, the Tropical Storm Fay for
hotspots only for both beaches is only 28,000 cubic yards; is that right,
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Mr. McAlpin?
MR. McALPIN: What the City voted on was to take the Tropical
Storm -- was to take the Tropical Storm Fay footprint for the six-year
design and look at what it would take to bring that back to the
standard. And when we did those additional numbers, that only came
to 25,000 cubic yards. That's what the City -- that's what the direction
was from the City.
However, when the City gave us that direction, they did not
know that they were only talking about 25,000 cubic yards.
MAYOR SOREY: So Madam Chairman, the reality is that's not
enough to make any difference. So as I said earlier, as a
representative of the City, we're supporting at this juncture in time
75,000 cubic yards.
CHAIRWOMAN HILLER: For Park Shore?
MR. OCHS: Yes.
MAYOR SOREY: Yes.
COMMISSIONER COYLE: Could I ask staff another question
about this?
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: These quantities are very, very
confusing. Let me start from the beginning.
Almost all of the representatives of the tourist industry have said
they wanted option three. Option three calls for 360,000 cubic yards.
What we have now are motions already approved or about to be
approved, I presume, for 195,000 cubic yards of sand. So there is a
big, big difference here. And so that you can follow me, let me just go
over them for you.
I have recorded 60,000 cubic yards for Vanderbilt Beach. You
told me it was between 53 and 60, so I took that to 60.
We are going with 75,000 cubic yards for Park Shore and 60,000
cubic yards for the Naples Beach. And that adds up to 195,000 cubic
yards, unless I'm missing something.
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COMMISSIONER NANCE: Figure at option B.
COMMISSIONER COYLE: So it's confusing to me, and I want
to make sure that the people whose testimony these motions have been
based upon are fully aware that the total amount of cubic yards being
placed on the beach by these motions is about 160,000 cubic yards
less than the motion that they have supported. So help me a little bit.
MAYOR SOREY: Right. Commissioner Coyle, the City of
Naples residents definitely do not support the full truck haul. But I
think the prudent thing to do based on the numbers as they turned out
is to move forward with the Tropical Storm Fay and the hotspot, so
that's what we're requesting. Which is not the full renourishment.
And we'll have the impact and take our chances with that.
COMMISSIONER COYLE: Except for Vanderbilt Beach. And
it will be the full renourishment. Because it -- Tropical Storm Fay,
right?
MR. McALPIN: Commissioner, just let me tell you the
difference between the 360 and the Tropical Storm Fay.
That doesn't include advance renourishment. That only -- the
numbers that you're talking about right now, Tropical Storm Fay was
for the footprint we have in there, which was about 155,000 cubic
yards for all of the beaches plus another 60,000 to get us back to either
85 or 100 feet. It has no advance renourishment in it whatsoever.
CHAIRWOMAN HILLER: Understood. We know what we're
doing here.
COMMISSIONER COYLE: We know that.
COMMISSIONER NANCE: That takes us right back to beach
renourishment option two.
CHAIRWOMAN HILLER: So let's -- so if we're in agreement,
now that we've --
COMMISSIONER COYLE: From the beginning.
CHAIRWOMAN HILLER: No it wasn't. No, everyone was
saying option three.
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So right now what we're talking about again is we've already
approved 60,000 Vanderbilt. For Park Shore the motion again is the
truck haul as quickly as possible. According to Mayor Sorey, 75,000
cubic yards, which is Tropical Storm Fay plus 40,000 hotspot
renourishment to the standards.
Is that agreeable? Is that agreeable under the same terms as the
first motion?
MR. OCHS: Yes.
CHAIRWOMAN HILLER: So do I have a second on that?
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Okay, is there any further
discussion?
(No response.)
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: And then the third one is the City of
Naples which Mayor Sorey now says is not what the Council actually
approved because now they're realizing the quantities were too low,
but rather 60,000, which is Tropical Storm Fay plus 20,000 for the
hotspots to renourish to the standard, which is a total of 80,000 cubic
yards. Is that acceptable?
MAYOR SOREY: Yes, ma'am. And --
COMMISSIONER FIALA: Let me just ask a question.
How will that affect the hotels? Because they're the ones that are
paying for this, you know, through their bed tax dollars. We want to
make sure that they're not slighted.
CHAIRWOMAN HILLER: No.
COMMISSIONER FIALA: Because it's important to their
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existence.
CHAIRWOMAN HILLER: They will -- under this -- under the
City of Naples, they will be renourished appropriately because the
hotspots are in front of the Naples Beach Hotel. So those will be
covered --
COMMISSIONER FIALA: They'll go to a six-year standard,
right?
CHAIRWOMAN HILLER: No, they're renourishing the
hotspots to the standard but not the entire beach. They're
reestablishing the entire beach to the Tropical Fay standard or line, if
you will, and then they're going to renourish the hotspots to the 2006
standard. But there's a balance of beach which is not renourished
which they will come back and do later.
MAYOR SOREY: Madam Chair, the City of Naples looks at
both beaches as the City of Naples beaches. So the 28,000 or 25,000
Mr. McAlpin indicated was both Park Shore and Naples. That's the
reason it was so low, it didn't make any impact --
CHAIRWOMAN HILLER: So like I said, we've settled on Park
Shore based on your position.
And now the City of Naples again, 60,000 for Tropical Storm
Fay, 20,000 to renourish the hotspots to standard for a total of 80,000
cubic yards of sand under the same terms and conditions --
COMMISSIONER NANCE: I'll make that motion.
CHAIRWOMAN HILLER: -- as proposed in the first.
Okay, that's fine, I'll second it.
There being -- Commissioner Coyle, did you want to talk to that?
COMMISSIONER COYLE: No, I just wanted to confirm that
it's 215,000 cubic yards total.
MR. CASALANGUIDA: Yes.
CHAIRWOMAN HILLER: That's the total. So now we have a
motion and a second for the City of Naples.
Is everyone in agreement on that?
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(No response.)
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
COMMISSIONER NANCE: I would just like to confirm that
now what we've just done is we've basically approved what is
illustrated in attachment F --
CHAIRWOMAN HILLER: Right.
COMMISSIONER NANCE: -- which is labeled Tropical Storm
Fay and limited hotspot renourishment to beach width standards only.
And it is basically the outline that is discussed under option two,
attachment B.
CHAIRWOMAN HILLER: Right.
MR. OCHS: Yes, sir.
MR. McALPIN: That's correct.
CHAIRWOMAN HILLER: But what we want to be sure of is,
well, granted now we've basically shifted from three to two and we've
added all the parameters as to how this can be let and when this will
be commenced.
MR. CASALANGUIDA: Yes.
CHAIRWOMAN HILLER: And everyone understands the
number of truck trips as listed on the schedule by beach. Do you
understand that?
So now you can go out and bid it or accept what has been
presented. And if you need us, you can come back and get us and
we'll convene, if you have any problems to any degree. Is everything
okay?
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: Thank you.
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So let's recess for lunch, and we'll be back in an hour.
(Luncheon Recess.)
MR. OCHS: Madam Chair, you have a live mic.
CHAIRWOMAN HILLER: Thank you.
We'll now proceed with the airport agenda item.
Item #14A2
AN OPERATIONS PLAN AND FINANCIAL REVIEW REPORT
TO MODIFY THE IMMOKALEE AND EVERGLADES AIRPORT
OPERATIONS BY SEPTEMBER 2, 2013 TO ACHIEVE THE
FOLLOWING: (1) STAFF REDUCTION PLAN AT THE
IMMOKALEE REGIONAL AIRPORT FROM 5 FTE TO 1.5 FTE
ENCUMBERING NO MORE THAN $128,949 AND MOVING
THE ADMINISTRATIVE SECRETARY TO A PART-TIME
POSITION AVAILABLE WITH THE AIRPORT AUTHORITY
ADMINISTRATION TO MAINTAIN FINANCIAL LEVELS OF
SERVICE FOR ALL AIRPORTS; (2) REDUCE STAFF FROM 1
FTE TO .5 FTE AT EVERGLADES AIRPORT AND PROVIDE A
FEASIBILITY ANALYSIS FOR POTENTIALLY REDUCED
OPERATIONS; (3) ANALYZE ADOPTING A RAMP FEE OF $25
FOR IMMOKALEE REGIONAL AIRPORT AND ITS EFFECTS
ON AIRPORT USAGE AND MOVE FORWARD IMMEDIATELY
WITH A MINIMUM FUEL PURCHASE OF 5 GALLONS; (4)
ADOPT A SINGLE FLOWAGE FEE OF 25 CENTS FOR FUEL
REGARDLESS OF VOLUME OR FUEL SOURCE TO INCREASE
REVENUES; (5) REVIEW THE ABILITY TO END THE
FUELING CONTRACT WITH WORLD FUELS WITHOUT
PENALTY AND CONSIDER PURCHASING FUEL FOR ALL
AIRPORTS AS PART OF THE BID PURCHASE PRICE OF THE
CITY OF NAPLES AIRPORT AUTHORITY IF IT REDUCES
PRICE AND IS ACCEPTABLE TO THEIR CONTRACTOR
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AND/OR IF PRICES ARE NOT LOWER REMAIN WITH WORLD
FUELS; AND (6) IMPLEMENT A PRE-PAID FUEL CARD
PROGRAM BEGINNING IN SEPTEMBER TO INCREASE
FUNDS COLLECTED IN ADVANCE AND DEVELOP A
RELATED DISCOUNT PLAN FOR THE $50,000 AND $100,000
PRE-PURCHASE FUEL CARDS AND ANALYZE THE LEVEL
OF FULL-SERVICE FUELING THAT WOULD REMAIN
AVAILABLE BY HAVING A WORKING GENERAL MANAGER
AND/OR STAFF PROVIDE THIS SERVICE WITH A REDUCED
STAFF LEVEL - PRESENTED; MOTION TO ACCEPT THE
PLAN AS PRESENTED WITHOUT IMPLEMENTING ITEM (6)
THE PRE-PAID FUEL CARD PROGRAM AND DIRECTING THE
AIRPORT AUTHORITY TO WORK TOGETHER WITH RISK
MANAGEMENT REGARDING AIRPORT TENANT
REQUIREMENTS — APPROVED
MR. OCHS: Yes, ma'am. That's 14.A.2. And this is a report by
your Executive Director on a series of actions designed to become
more self-sufficient at the Immokalee Airport, for lack of a better
explanation.
COMMISSIONER COYLE: 14.A.1 or 14.A.2?
MR. OCHS: 14.A.2, sir. 14.A.1 was withdrawn this morning by
Commissioner Henning on the change sheet. They're very similar
items. They were going to be heard as companion items, so --
COMMISSIONER COYLE: So this is our 10:00 time certain?
MR. OCHS: That's correct, this is the 10:00 a.m. time certain.
COMMISSIONER COYLE: Just wanted to get that straightened
out.
MR. OCHS: Yes, sir.
COMMISSIONER COYLE: Thank you.
CHAIRWOMAN HILLER: I just want you to know, it's 10:00
somewhere in the world, okay, just FYI.
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COMMISSIONER NANCE: Hopefully in the last four hours
we've gotten most of the beaches renourished.
CHAIRWOMAN HILLER: Mr. Curry?
MR. CURRY: Chris Curry, Executive Director, Collier County
Airport Authority.
I have a plan attached here, it's an airport operations plan, based
on some recommendations by Commissioner Henning, in efforts to
make the airports more self-sufficient.
The objective was to submit a plan to the Board of County
Commissioners to modify operations at the Immokalee Regional
Airport and Everglades City Air Park.
The plan is to reduce staff at Immokalee Regional Airport and
Everglades City Air Park; to analyze the adoption of a $25 ramp fee;
adopt a single flowage fee of 25 cent, that's what it should be, 25 cent
for fuel, regardless of volume or fuel source; review the ability to
capitalize on the bid purchase price at the City of Naples, if feasible;
implement a prepaid fuel card program; and to analyze the level of
service -- of full service fueling that would remain available for
remaining staff to provide services.
Staffing at the Immokalee Airport. The airport currently has five
full-time employees that encumber $284,402. This plan will modify
the number of full-time employees to three. That will encumber
$181,219 in burdened salaries. This reduction amounts to a savings of
$103,183.
At this level the Immokalee Airport staff will be able to maintain
current operational standards and satisfactory levels of customer
service.
The initial consideration was to reduce personnel costs further;
however, contracted mowing costs can be offset by maintaining
additional personnel.
Staffing at Everglades City Air Park. The airport currently has
one full-time employee. That encumbers $58,366 in salary. This plan
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would modify the number of full-time employees to .75 that will
encumber 46,300 in burdened salary. This reduction amount to a
savings of $12,066.
The Everglades City Air Park employee will be responsible for
landscaping, fuel quality checks and runway safety inspections. Other
Collier County staff will be dispatched periodically if the airport
employee is not available to perform some of those daily functions.
I evaluated the ramp fee analysis and I'm proposing a ramp fee of
$20 or a minimum fuel purchase of five gallons as an alternative to a
$25 ramp fee and minimum fuel purchase. I think this fee should also
apply to Marco Island Airport as well.
There's 122,000, basically, gallons of fuel sold at Immokalee
over the past year. And transient customers purchasing 47,890
gallons, or 40 percent, would be lost or may be lost if we imposed a
ramp fee plus fuel purchase. Therefore, I'm suggesting that we do a
"or", $20 ramp or minimum fuel purchase. And the ramp fees should
be waived for airport customers under lease agreements within the
Collier County airport system. So if someone is flying from
Immokalee to Marco Island, that fee is waived for them.
I believe that under this plan that we can handle the full service
fueling for the Immokalee Regional Airport with the decreased level
of customer service. And that's with the three full-time employees.
Flight schools and jet traffic would be lost if full service fueling is not
available.
What I have below is some statistics based on what we sell in
fuel and how it's sold, whether this via full service, whether this via
self-service. And again, I think that without full service we would
lose the revenue associated with flight schools and jet traffic.
That equates to an amount of about 158,000 in fuel sales.
Fuel purchase consideration. The consideration is to piggyback
and use the Naples Airport Authority bid purchase process. Naples
Airport Authority has recently undergone this process but not -- but
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they have not signed a final contract with the vendor as of yet.
The Collier County Airport Authority contract with World Fuels
expires November, 2013, but we could certainly cancel under the
contract agreement without penalty if necessary.
What we did was obtained an RFP from the Naples Airport
Authority for comparison to existing contract with World Fuels, and
the prices for both are based on the Platts U.S. Gulf System.
Collier County Airport Authority fuel requirement is 8.7 percent
of Naples Airport Authority total volume. Within the RFP for Naples
Airport Authority the bid was put out on March 29th, and they asked
the aviation fuel suppliers to predict a price for jet fuel two weeks in
advance.
We compared our actual fuel price to those that were predicted
by those aviation fuel providers, and for us our jet fuel was about 41
cent cheaper per gallon than for Naples.
I think it's a better analysis to wait until the aviation fuel provider
is under contract because then we can compare actual prices.
So once our fuel comes on board with the Naples Airport
Authority, we'll compare what we're paying with World Fuels versus
what the delivered price is via AvFuels, and that's how we can get a
better analysis of the price differential.
I believe that it's unlikely that 8.7 percent volume difference
would significantly impact the price structure for the aviation fuel
provider, but that's something we'll certainly check into.
In addition to strictly the fuel price, we have about $49,000 in
intangible benefits with World Fuels, such as training, decals, trade
shows and et cetera. These are other intangibles they provide via the
contract.
We'll also take a look at a prepaid fuel card program. We'll
evaluate prepaid programs for 50,000 or 100,000 to prepurchase fuel
cards. This program would be a benefit to base tenants.
The program should be part of an approved airport rates and
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charges structure which is normally approved at the beginning of the
year by the Board of County Commissioners.
The evaluation that we must exercise must include administrative
costs to implement and maintain the program. And the discount
amount if any that could be provided under this program must be
evaluated against those costs.
Other considerations as part of this plan is that -- and
Commissioner Henning is aware that we were waiting for a quote
from one of the county contractors on mowing services at the
Immokalee Airport. And what we introduced to them was a schedule
that we adhered to for mowing, and the quote price was $465,000.
The mowing plan that we have on our schedule meets or exceeds
the FDOT requirements. The FDOT is the inspection agency for the
Collier County airports, not the FAA. And over -- I guess since I've
been here and a few years beyond, the airport has performed
exceptionally well when we've had our annual inspections, which has
allowed us to continue to receive an operational certificate from the
State of Florida.
Just recently we've had recent amount of interest in the 300 acres
of land north to the airport for sod farming. And we will soon put out
a request for proposals to see what revenue can be garnered from that
venture.
We also continue to have ongoing discussions with a
governmental agency that's looking to construct a facility at the
Immokalee Airport.
Other considerations would be in reducing the staff to three at
Immokalee, to take the administrative position from Immokalee and
combine it with the fiscal technician position that's under the Collier
County administration staff. The gentleman that currently serves in
that position retires in about a week, and the employee at Immokalee
has somewhat trained with him so that it's possible that I think that she
could assume both of those duties.
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The last consideration for the Board is for an executive director
that's much like myself. I really don't need the benefits associated
with the county, so I would ask the Commissioners to possibly
consider a scenario whereby 100 percent of my benefits associated
with health/dental is approximately $15,000. I would suggest a plan
whereby 50 percent of that amount could be paid directly to the
employee and the other 50 percent could be kept by the county for a
savings of 7,500 or $8,000.
Any questions?
COMMISSIONER FIALA: Yes, I have a couple.
CHAIRWOMAN HILLER: Go ahead, Commissioner Fiala.
COMMISSIONER FIALA: Thank you.
My first question is you mentioned something about a ramp fee
possibly, even at Marco, right?
MR. CURRY: Yes.
COMMISSIONER FIALA: You already have landing fees there,
don't you?
MR. CURRY: We do. And that's for aircraft 12,500 pounds and
above.
COMMISSIONER FIALA: Right. And they do pay a rather --
well, I shouldn't -- I'm not going to state that. Do they pay for a higher
fee for fuel than they do in Immokalee?
MR. CURRY: Well, they do pay a higher fee for fuel, but the
ramp fee would only be implemented if you had someone that
essentially was less than 12,500 pounds and they landed at the airport
and did not take any fuel whatsoever. So essentially they would just
be using the airport for a temporary parking space without investing
any revenue.
COMMISSIONER FIALA: Okay.
MR. CURRY: Which it would not apply to, I would say, 99.9
percent of the customers using that airport.
COMMISSIONER FIALA: And most all of the customers really
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other than that one percent buy fuel right there, right?
MR. CURRY: That's correct. Generally -- and that's one of the
reasons we put in the landing fees because of that issue with much
bigger aircraft.
So we've addressed the issue with the larger guys, it's just that we
may have not addressed it with smaller guys. And I think if we're
going to implement that policy, it should be consistent between the
two airports.
COMMISSIONER FIALA: Well, that's what I was concerned
with is fairness. I know that we've reduced fees for a major user in
Immokalee, in fact even given some special considerations for no fees,
and we don't do that at Marco. Not that they're complaining, they just
keep paying. But I want to make sure that we don't get so far out of
balance that we're showing so much favoritism to one airport and not
to the airport that's supporting most of the airports right now. We
have to make sure that we treat them all fairly.
MR. CURRY: That's always been my personal position.
COMMISSIONER FIALA: I know it has, Chris, I know it has.
I had some more questions, but I'll wait until just a little bit later.
Thank you.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Mr. Curry, thank you for
thinking out of the box. I think you came up with more ideas than
ever anticipated for not only cutting costs but raising revenue.
Camden, my aide, has contacted a sod business to potentially
take over the sod farm. That will relieve staff of some of the
responsibilities to deal with that, the maintenance of it. So I'm hoping
that comes forward.
As far as the bid, the quote that you got, my understanding, they
didn't adhere to their contract. Their quoted price they gave you is a
lot more. However, I'm not going to argue that point, because at the
end of the day, even if you can save the salaries for two employees,
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let's say they were only doing mowing, you could probably save a
little bit of money. However, your staff is not doing that. Those two
employees are doing other duties on the airport.
But I appreciate you looking at that. So it would not be a cost
savings, even if it was, quoted per their contract.
MR. CURRY: That's correct.
COMMISSIONER HENNING: Yeah.
You know, the other thing about working with piggybacking on
the Naples Airport contract is also thinking out of the box. Potential
savings of money.
And like Chris said, he's working with -- there's some interest out
there in Immokalee Airport. So hopefully that comes.
I just want to say, I appreciate your efforts in that. However,
your last slide, your last bullet point, I checked with staff, the HR
staff, or the benefits staff. What you're proposing is different than
what we -- how we treat other employees, like to have full benefits
from military like you have. And if you would accept what we -- how
we treat other ones, I think that would be very acceptable and save
both parties money.
The other thing, as far as the maintenance of the grass areas,
would you be open to -- if the agencies, FDOT or --
MR. CURRY: FAA.
COMMISSIONER HENNING: -- FAA, if they say there's a
different standards than what we perceive what the standards should
be for the height of the maintenance of the greenways, would you
consider that and maintain them at the minimum amount?
MR. CURRY: We would certainly be open to that.
One thing I will say is that every airport is different. And the
criteria that they may have in general -- for example, I've seen grass
heights that discourage birds because a certain airport may have a
problem with birds. But at Immokalee Airport that same grass height
may have a negative effect as it relates to coyotes, as it relates to
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rabbits and other things that reside in tall grass. So I would say as part
of accepting that from the FAA and FDOT, I would also recommend
that if we were thinking about that to have a wildlife hazard
assessment for that particular airport to identify what's unique about it,
and then adopt a plan as recommended by them.
COMMISSIONER HENNING: But you're open to the idea?
MR. CURRY: Absolutely.
COMMISSIONER HENNING: Okay, well, that's -- I think that's
important.
Personally I'm very pleased with Mr. Curry's presentation and I
hope the Board accepts it.
CHAIRWOMAN HILLER: I have a couple of questions.
Go ahead, Commissioner Coyle.
COMMISSIONER COYLE: Yeah, just to clarify the item on the
benefits, Chris.
County Manager, it's my belief that there must be others in
county employment who don't take advantage of all the county
benefits. For example, I do not take advantage of the health care
program of the county for the same reason Mr. Curry does not. Or
maybe he does, I don't know. But there is a precedent for that. I think
those things are elective, aren't they? Don't we decide we will --
MR. OCHS: Yes, you don't have to take the insurance, if that's
the question.
COMMISSIONER COYLE: Yeah, the --
CHAIRWOMAN HILLER: Can I just ask a question on that?
MR. OCHS: I'm going to ask Mr. Walker, as long as he's here, to
come up and help --
CHAIRWOMAN HILLER: Commissioner Coyle.
MR. OCHS: -- you with any specific --
CHAIRWOMAN HILLER: I have a question, as you're talking
about that.
Are you legally allowed to be insured by two providers? I
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thought you could --
COMMISSIONER COYLE: No, no, that's --
CHAIRWOMAN HILLER: -- only legally be insured --
COMMISSIONER COYLE: You can be. I'm covered. Because
of my advanced age, I'm covered by Medicare and I have the military
health care program as secondary.
CHAIRWOMAN HILLER: But what I'm saying is like for
example in the case of Mr. Curry, where he is not in your situation,
your situation makes sense to me. But can an employee have two
insurance companies covering him, for example, for health company?
I thought you could only --
COMMISSIONER COYLE: Oh, two private health insurance?
I don't know. But I do believe that you can have a military tri-care as
an example, covering you and you can get some other supplemental
coverage. I think that's entirely legal. But I haven't been exposed to
that situation so I can't speak from personal experience.
MR. OCHS: Madam Chairman, perhaps Mr. Walker could shed
a little light on this.
MR. WALKER: Yes, Madam Chair. For the record, Jeff
Walker, Risk Management Director.
The answer to your question is you can be covered under two
different programs. There's a coordination of benefits provision that
comes into play as to how those pay. You can do that. Most people
nowadays don't choose to do that because the cost from a payroll
deduction basis is very expensive. So typically that's getting more and
more rare.
CHAIRWOMAN HILLER: I thought for some reason that
insurance companies typically prohibited dual coverage on --
MR. WALKER: No, they typically will have a coordination of
benefits provision in their policies. And there's a pecking order as to
who pays first.
CHAIRWOMAN HILLER: Okay, that makes sense.
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Can I ask a couple of questions, since we've got Mr. Walker up
here, regarding insurance?
You know, I appreciate the suggestions that have been made on
the one hand, but on the other hand there are certain things that are
going on that are exposing the airport to potentially substantial costs
and also with respect to lost revenue.
So on the cost side, you know, we found out through I believe it
was your inquiry and review that Turbo Services doesn't have the
requisite insurance. I don't think that that can be delayed. You know,
obviously with them hot fueling and them using county employees to
hot fuel, which I believe you said is not a good practice and should be
halted since, you know, our employees are not licensed or specifically
trained to do the hot fueling, you know, my concern is, you know,
we're saving, you know, I don't know how many thousands on this
side with potential exposure to cost of, you know, millions on the
other side if we had a number of employees that suffered injury or
death as a consequence of that kind of activity.
So I really don't think that we can wait a day and allow these
tenants who are required to have insurance to proceed to operate
without insurance.
And I'd like to -- one thing I did was I spoke to the County
Manager, and since you have a very well developed risk management
operation, my suggestion, since the airport staff doesn't, is that maybe
what we could do is allow the county staff, in other words, your
division, to oversee the insurance management at the airport and then,
Leo, you could do an overhead allocation that factors in that service
that's being provided. Because we just can't take the risk that we're
being exposed to.
MR. WALKER: Yes, ma'am. Let me update you just a little bit
on that particular issue.
CHAIRWOMAN HILLER: And I'm relying on the email that
was sent out on that.
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MR. WALKER: Yes, ma'am.
Since the report was written, the airport staff has been working
diligently to get Turbo Services in compliance. There's still a couple
of things that we're waiting on, but in general they are very close to
being in compliance. We received updated insurance information
from them to indicate that they do have most of the proper insurance
in place.
There's really two issues that are outstanding, as I can see it. One
has to do with pollution liability. The original lease called for a $5
million limit. They signed the agreement with the $5 million limit,
but they do not have a $5 million limit. We were approached about a
year ago with regard to whether we would agree to lowering that limit
to one million. We did agree in concept to do that. However, the
lease was never amended. So it still remains at five million.
In order for that to be brought into compliance, either they've got
to get five million or we need to amend the lease to one million to
make it compliant. And that's just where that stands.
The other issue is related to property insurance. Because this is a
ground lease and because if something happens, if they walk away
from that project, that property comes back to us, naturally we want
them to carry property insurance on that building so that if something
happens, it can be repaired or replaced. And I'm waiting to see
evidence of that. But those are really the two issues right now.
CHAIRWOMAN HILLER: So can you forward the policies that
you have received that names us as additional insured? I'd like to see,
you know, what is currently in effect. And then we need to decide on
the other, on the five million versus the one million and whether, you
know, if there is a pollution problem. I mean, you know, pollution
cleanup can be tremendously expensive.
MR. WALKER: Yeah. Well, one of the things that we --
CHAIRWOMAN HILLER: I mean, is a million enough? I don't
want the taxpayer paying because Turbo spilled who knows what on
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the airport property.
MR. WALKER: Yes, ma'am, I understand that. And we agree.
When we did our investigation or review of the services that were
provided out there, one of the things we found is that they are not
maintaining a permanent tank out there. You know, that does mitigate
the exposure some. If they had a tank sitting there all the time with
the exposure there all the time, that does create a little more exposure.
However, part of this is simply what the market will bear. In
some cases it's very difficult to get pollution limits. And that may be
the case here.
So again, we put limits in our fee documents when we put it out.
If people take exception to them we take that into account in the
analysis process.
CHAIRWOMAN HILLER: I think what can really be done is
research, you know, what other airports are doing with similar
situations with tanks. And I think we need to make sure that we're
adequately insured. Because this would be a big liability and it could
really hurt.
MR. WALKER: We would be happy to do that.
MR. CURRY: Let me clarify a couple of things. One is that as it
relates to the pollution liability, Turbo Services contacted Risk
Management directly and Risk Management agreed to one million
dollar pollution liability. That's verified through email.
CHAIRWOMAN HILLER: Yeah, but that's not -- it's not Risk
Management's right to make that decision. That's something that's
contractual that the Board has to approve.
MR. CURRY: Well, that's fine. But what I'm saying is that they
did contact a department within the county that allowed them to carry
that type of coverage, even though the lease, as Jeff said, indicates five
million in pollution liability.
The other thing that I don't think is quite clear is that they are not
hot fueling, unless I didn't see the same report that you did.
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CHAIRWOMAN HILLER: Mr. Walker?
MR. WALKER: You're right. I mean, what I say or what I
recommend is irrelevant. You know, the rules of law are that the
written contract is what governs.
You know, they did approach us and ask about a $1 million limit.
We were amenable to that. But that contract has to be amended.
CHAIRWOMAN HILLER: Well, I think that was --
MR. WALKER: So that's all I'm saying.
CHAIRWOMAN HILLER: That has to be researched. I mean,
you might have been amenable to that then. Again, I think it needs to
be verified by going to other airports and finding out what's done.
I mean, if a million is enough and you're sure we will not be
exposed to a cost if there is a spill. I mean, we're talking big dollars
here. So, you know, five million was put in that contract for a reason
in the first place and changing it I think shouldn't be done lightly.
MR. WALKER: Yes, ma'am.
CHAIRWOMAN HILLER: Because you're talking about a $4
million exposure that we are currently contractually supposed to be
covered for.
COMMISSIONER FIALA: While we're talking about that, Jeff,
could you explain to us -- I read your report entirely, and your views
and your observations and your research seems to differ a little bit
with the definition of hot fueling, mainly because it's inside a building
and there's no propellers or anything running.
Could you give us that opinion? And I'm guessing that because
of your opinion that's why you approved the one million dollars.
MR. WALKER: Well, Commissioner Fiala, the one million limit
issue came well before this report was produced. That was done a
year ago.
Now, with regard to the report itself, we were asked to look at
some very specific things, and they were whether or not the airport
was engaging in hot refueling activities and determine whether the
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associated risks were being properly managed and then advise the
County Manager.
That is what we did. We went out there -- I went out there with
my environmental health and safety manager, who worked on a flight
line for Air Force One in Texas. And then one of our environmental
safety and health specialists who's also a professional engineer, they
set up the situation as they would be doing it normally for that
operation and demonstrated that to us.
We evaluated that very, very thoroughly and we came to the
conclusion independently of each other that that was not considered
hot refueling, in terms of the definition that the FAA produces with
regard to the refueling of aircraft while they are running.
And there were a number of issues that brought us to that
conclusion. Number one, it just didn't meet the definition of the FAA
definition of hot refueling. Number two, the building itself is
constructed in such a way for this purpose. In other words, it's not an
exception to the rule, it is the rule. In other words, it's meant to be
operated in the manner that it's operated. It's meant to have a fuel
source connected to it, it's meant to test engines, and that's what it
does. It has the proper safety precautions in place operationally as
well as the engineering controls, that if something happens that it can,
you know, stop a fire or other type of hazard almost immediately.
So we did not consider this to be hot refueling within the
definition of the FAA. That does not mean that this is without hazard.
And that is why that we did recommend that the Airport Authority
transfer that operation to Turbo Services as soon as possible.
Now, let me say this: The manner in which they are delivering
that service, they're doing it in a very safe manner. They do the
proper training, they have the proper equipment, they have the proper
maintenance and they have the proper safety protocols. Nothing that
those employees are doing out there are they doing in an unsafe
manner.
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The question becomes should this be transitioned back over to
Turbo Services and that would eliminate the exposure to the county
entirely for that activity, and that is what we would recommend.
CHAIRWOMAN HILLER: Okay. Well, I think that --
COMMISSIONER HENNING: This is somewhat off the topic.
CHAIRWOMAN HILLER: Well, the only issue here is the
liability exposure and what the potential cost is.
So while we're working on saving all this money on the one side
and generating revenue, we've got potential losses or contingent
liabilities that could basically wipe out all the good suggestions that
have been made.
The other issue is revenues. I mean again, you know, it's nice see
these ideas coming forward, but I've got a copy of the rent aging
schedule as of June 30th, 2013. And I think there might be an error in
how this schedule was prepared, and I'm going to go on that
assumption.
So it looks like for example Salazar Machine and Steel owes the
current month and has not paid for the two prior months. So the total
outstanding owed is 38,000.
You know, the lease agreement with Salazar provides that if the
sum remains unpaid for more than five days, the lessee shall pay
lessor a late payment charge of five percent. Any amounts not paid
promptly shall accrue compound interest, et cetera, et cetera.
You know, basically they're essentially behind at least two
months, if not three. Again, I can't really tell by reading the schedule,
because I'm not sure it's correctly prepared.
COMMISSIONER HENNING: Why don't we give it to Mr.
Curry and have him email us.
CHAIRWOMAN HILLER: That is what I would like to do,
because, you know, obviously that works against us if we're, you
know, out rents while you're trying so hard to save and make money
on the other side.
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COMMISSIONER HENNING: I'm just trying to get the airports
off the topic of the choice at our meetings, that's all.
CHAIRWOMAN HILLER: The other thing that's missing on the
schedule is Turbo Services, and I don't see what their rent collection is
either. Their rent is not reflected on here. Do they pay any rent?
MR. CURRY: Yes, they do.
CHAIRWOMAN HILLER: It's not on this schedule.
MR. CURRY: Okay. I don't know what schedule you're looking
at, but I'll look into both.
CHAIRWOMAN HILLER: This is the Collier County Airport
Authority Accounts Receivable Aging Summary as of June 30th,
2013, which I believe is prepared by your staff. But I'll just introduce
MR. CURRY: Do you show Turbo Services on there at all?
CHAIRWOMAN HILLER: No. And that's why I was asking, I
don't see it on here. So I'm just going to turn it in, make it part of the
record with a copy of the lease, and then you can go ahead and tell us,
you know, why those rents haven't been collected. Because it's a very
large amount that's outstanding.
And my last question is on the parks. Who is mowing the park
that is on the airport property?
MR. CURRY: I believe it's being mowed by the Parks
Department.
CHAIRWOMAN HILLER: Okay. That's what I just wanted to
be sure, that it wasn't the airport that was actually mowing that. And
those are my only questions on that.
MR. CURRY: And that's not considered as part of the quote at
all.
CHAIRWOMAN HILLER: That's what I wanted to ensure. I
just wanted to make sure it was, you know, handled by the right
parties.
MR. CURRY: If I could just add one last thing, is that during
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this insurance discussion, from looking at the email, the $1 million
was based on a comparison that was done at Fort Lauderdale. So what
Turbo Services said is this similar activity is occurring at Fort
Lauderdale and this is the insurance amount for pollution liability. So
that's how the agreement came to the million dollars per the email.
CHAIRWOMAN HILLER: I appreciate that. But I think what
Jeff needs to do is research multiple airports and find comparables and
see what's done and make sure that we're adequately protected.
Because we're here to protect the taxpayer.
MR. CURRY: Well, it's such an unusual activity. That's the
issue. It's such an unusual activity.
CHAIRWOMAN HILLER: I'm sure he'll figure out how to get it
done and do the research.
Can I -- are you going to make a motion to accept what's being
proposed? And if you do, can you add a suggestion that the insurance
management be handled by the county?
COMMISSIONER HENNING: I would be surprised. The
airport, just like any other division of the county, is being charged a
fee for services. Len Price and -- no, I think it's just Len Price. And
the directive ought to be is utilize those services. That's the only
thing.
MR. OCHS: Let me clarify, Commissioners. You're both right.
Jeff routinely reviews the leases for insurance coverages and reviews
those when the County Attorney sends them to him for review, which
he did in this case. What he doesn't do for the airports that we do for
our other county departments is track their requirements of their leases
through our tracking system with regard to renewals or expirations of
certificates of insurance.
Now, we can easily, and Chris and I have talked about this, add
them into the system that we have and hopefully that will avoid these
kinds of lapses, if you will, in the future. And that's a pretty quick and
fairly simple fix.
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And you're right, Commissioner, there isn't a direct service
charge for some of the overhead that already goes to the airport.
CHAIRWOMAN HILLER: So would this additional service be
factored into that overhead that's already being charged, or --
MR. OCHS: Yeah, we'll --
CHAIRWOMAN HILLER: -- would there be an additional cost?
MR. OCHS: It's probably already built into their indirect use
through the purchasing department indirect or the Risk Management
indirect.
CHAIRWOMAN HILLER: So then could you include in your
motion --
MR. OCHS: We're happy to do that.
CHAIRWOMAN HILLER: -- that the, you know,
administration of the insurance policies related to all airport activity
including tenants be administered through Risk so we can be sure
we're protected?
COMMISSIONER HENNING: Yeah, but I think other
Commissioners have some things that they may want to be considered.
CHAIRWOMAN HILLER: Sure. Commissioner Nance?
COMMISSIONER NANCE: Yes. Mr. Curry, I just have a few
questions for you to clarify what you did. And I appreciate what you
did.
It seems to me that you downsized one of the operations to
three-fourths of a full-time employee. What happened for the other
fourth?
MR. CURRY: Three-fourths is at Everglades City.
COMMISSIONER NANCE: What happened to the other
fourth?
MR. CURRY: Well, I reduced his.
COMMISSIONER NANCE: Oh, you just cut his hours.
MR. CURRY: I reduced the hours of one employee.
COMMISSIONER NANCE: Okay, I just was wondering if you
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shifted his responsibilities to another facility.
COMMISSIONER COYLE: That's better than sending his leg
up to Marco.
COMMISSIONER NANCE: I was just concerned about that
quarter of an FTE that was floating around in the cloud out there.
In one of your slides you showed approximately $168,000 in fuel
sales that were full service that you were concerned with if we didn't
maintain the level of service, that we're going to lose that.
What is your profit margin on full service fuel? Are you making
enough money to pay for that service or is that a subsidy hoping for
other benefits that come around to the airports?
MR. CURRY: The --
COMMISSIONER NANCE: Because I just did some brief
calculations. $168,000 worth of fuel at $4.00 a gallon is like 42,000
gallons. So in order to pay for one individual you'd have to make like
a dollar a gallon in order to break even just on the service that was
provided.
MR. CURRY: Yeah, the profit margin on the jet fuel is $1.06.
COMMISSIONER NANCE: Okay.
MR. CURRY: And Avgas is about I believe about 90 cent. And
I think those numbers that you're referring to are just combined.
COMMISSIONER NANCE: I was just going by what you
showed. I mean, do you make enough money on full service,
providing full service fuel to pay for that service, or are you just
breaking even?
MR. CURRY: No, we make enough money. And I think that if
the airports are going to increase in fuel revenue, it comes from, you
know, trying to attract the jet traffic.
COMMISSIONER NANCE: Yeah, but you understand my
question. When you get done paying for the person that goes out and
services the planes and the cost of the fuel, are you -- you know, fully
loaded cost of that fueling service, are you making a profit?
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MR. CURRY: Well, I would have to evaluate that.
COMMISSIONER NANCE: I would hope that you would do
that and make sure that the more you sell you're not losing money the
more you sell. Because, you know, if you're not -- you know, it
requires personnel to go out and provide that service and you have to
include that in the cost of the fuel itself.
In your fuel requisition that you're purchasing, are you
purchasing your fuel on a cost plus purchase arrangement? Do you
have a floating price from month to month based on the cost of
petroleum?
MR. CURRY: Yes.
COMMISSIONER NANCE: They sell it to you for cost plus a --
MR. CURRY: Yes.
COMMISSIONER NANCE: All right, sir.
And finally, there's been a lot of discussion in the presentation
that you made on mowing the grass. How many acres of grass do you
have to maintain associated with the airport? Do you have an idea
how many?
MR. CURRY: I would estimate about eight or 900 acres.
COMMISSIONER NANCE: Eight or 900? And --
MR. CURRY: I'll let Tom Vergo speak on that.
COMMISSIONER NANCE: Okay.
MR. VERGO: Thomas Vergo, Airport Manager, Immokalee
Airport.
The estimate on acres that are actually maintained on the airport I
believe is between about seven and 800 acres that we regularly mow,
meaning that we touch with our equipment.
COMMISSIONER NANCE: And there are various intensities of
maintenance within that eight to 900 acres? Probably there's some of
it you cut, what, twice a year or something?
MR. VERGO: That's correct. Yeah, there are some on the more
outlying areas of the airport that we keep mowed down just to keep
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vegetation from growing, large trees and such.
COMMISSIONER NANCE: You bush hog it a couple times a
year.
MR. VERGO: Twice a year.
COMMISSIONER NANCE: Okay. And in the vicinity of the
airports and the taxiways and so on and so forth, do you have several
levels of maintenance that you maintain, or do you do it all at one
level?
MR. VERGO: Approximately you could say it's two levels.
You have a small mower to go around the lights and within about 10
feet of the edge of the runway or taxiway a paved surface as in related
to aircraft ramps. Then you also have the large bush hogs that do
probably 90 percent of our mowing.
COMMISSIONER NANCE: Okay. So you've got the area in
the close vicinity of the runway services and the taxiways that you
have to maintain quite short.
MR. VERGO: Yes, sir. Those are the areas that are near the
edge lighting. So high vegetation would obstruct those lights, as well
as a large mower is not practical to be mowing around those.
COMMISSIONER NANCE: Okay. I was just very concerned
that the bid that was displayed here of $465,000 in bid that was
received to maintain the grass, I just wanted to add that I believe that
there's a lot of different techniques that can be added to your grass
issue. I would hope that at some point you would calculate the total
cost of what it's costing you to maintain that. Because I think you
could use growth regulators, chemical mowing. You could even
change the type of grass you have and save money based on dollars
that you're displaying here as far as cost of taking care of grass. Grass
is expensive and if you're out there wearing out equipment, wearing
out the grass trying to do something that doesn't work, we certainly
have the capability with the University of Florida and other
horticultural applications to probably save you money through some
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labor-saving techniques. Depending on what your requirements are, I
hope you will evaluate what your minimum requirements are and
assess where you can save money. Because it seems like there's a lot
of expenditure there.
So I hope in your final presentation that you'll come back and let
us know what the cost of grass maintenance is and maybe let us take a
look at it and see what we can do to reduce that.
I was unaware that you had sod farms, you know, that were there.
Are those potentially revenue-producing facilities?
MR. VERGO: Yes, sir, in the past they were. We went out for
bid I believe about a year ago. I don't know the exact time frame. And
we had one responding individual that did end up going under
agreement with us.
The company that I spoke with yesterday was one of the
companies we put out to and for some reason their internal
communication failed and they were not aware of it. So they're quite
exited because there is existing sod in place because of our
maintenance procedure.
COMMISSIONER NANCE: Yeah. Well, you'll probably have
to evaluate that in toto. Because before you'll be able to sell it for a
real good return on investment you're going to probably have to get
that sod recertified, which means it's going to have to be fire ant free
and it's going to have to be weed free. So there's probably going to be
some catch-up costs either on the part of the lessor or yourselves to
figure out how you're going to harvest it.
What kind of grass is it?
MR. VERGO: At this time it's Baha'i.
COMMISSIONER NANCE: It's Pensacola Baha'i?
MR. VERGO: I'm not an expert in horticulture, so my apologies.
I know it just as Baha'i.
COMMISSIONER HENNING: Well, bring us --
COMMISSIONER NANCE: When's the last time any was
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harvested?
MR. VERGO: I believe two years ago. Two years ago, yes.
COMMISSIONER NANCE: Thank you very much.
MR. VERGO: No problem, sir.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: That's from before.
CHAIRWOMAN HILLER: Any public speakers?
MR. MILLER: Yes, we have one public speaker, Madam
Chairwoman. It is Marvin Courtright.
MR. COURTRIGHT: For the record, Marvin Courtright.
I would like to have a better understanding of ramp, the fee, the
$25. I have an airplane on the ramp right now. We plan on flying in
and out quite a bit. And I haven't quite been able to determine if I'm
paying the fee for the gasoline and $25 for the ramp or every time I
take off and land. I'm sure you have some type of a further
preparation or memo or something to tenants that would address that
as a tenant.
And the other one is I have the pleasure of being a friend of Jack
and Ann's, the hardware store right outside from the airport there. I
would recommend, Mr. Vergo, that you speak to them, because the
sod business has been very controvential (sic) for the Airport
Authority. There has been loss of life, there's been lawsuits, there's a
problem between animals, cattle grazing versus grazing grass.
So from the point of responsibility, it seems like grass growing
would be a simple thing. But there is some very, very consentuous
(sic) or serious conflict within the community in regard to the Airport
Authority leasing the land for grass. That's all I have to say.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER HENNING: Okay, first off I want to say I
know this was time-consuming for many, but I think it was very
productive for the Board to understand the detail and operations out
there.
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I also want to thank my aide Camden for all the work she's done.
And Chris has been very cooperate in getting us to this point.
That's why I pulled my item. There was no need to even
consider it because Mr. Curry went over it in fine detail and answered
all of it.
So I'm going to make a motion to accept Mr. Curry's
recommendations except for the last one, and I will work for you
directly on that.
And also direct the Airport Director to work with Risk
Management on the operations of subtenants and tenants.
Does that pretty much address --
CHAIRWOMAN HILLER: Second.
COMMISSIONER FIALA: Could I understand what you just
said about the tenants?
COMMISSIONER HENNING: Well, Jeff Walker got up and --
well, afterwards it was said that Risk Management will be involved in
the management of insurances for the airports, basically.
COMMISSIONER FIALA: Right. Is that what you were
referring to?
COMMISSIONER HENNING: Yes.
COMMISSIONER FIALA: When you ended --
COMMISSIONER HENNING: My motion, yes.
CHAIRWOMAN HILLER: And I seconded it.
So there being no further discussion, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously -- were
you going to vote against it?
COMMISSIONER COYLE: I'm not sure. I thought we were
just accepting his report. Are we saying we're going to implement all
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of these recommendations?
COMMISSIONER HENNING: All of Chris's recommendations.
COMMISSIONER COYLE: You're going to recommend all of
Chris's recommendations? Then I'm going to vote against it.
COMMISSIONER HENNING: It's different than the executive
summary.
COMMISSIONER COYLE: Okay. I'm going to vote against it.
CHAIRWOMAN HILLER: So the motion carries 4-1 with
Commissioner Coyle dissenting.
Item #14A3
RECOMMENDATION THAT THE BOARD, ACTING AS THE
AIRPORT AUTHORITY, ACCEPTS INSPECTION RESULTS OF
KPK MANAGEMENT, INC., WHICH IS NOW IN COMPLIANCE
— APPROVED
MR. OCHS: Madam Chair, that takes you to Item 14.A.3, which
is a recommendation that the Board, acting as the Airport Authority,
accepts the attached inspection results of KPK Management,
Incorporated, which is now in compliance.
MR. CURRY: Yes.
MR. OCHS: Mr. Curry?
MR. CURRY: Commissioners, on May 14th, the Airport
Authority agenda item was to address compliance concerns with KPK
Management, a company located at Immokalee Airport. Board of
County Commissioners gave the Executive Director the authority to
determine a level of compliance consistent with the tenant's existing
lease.
The day after that Board of County Commissioners meeting Tom
Vergo and I met with Mr. Fox at his facility in Immokalee to answer
any questions he had related to the compliance items that were of
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concern.
On June 10th we had a follow-up inspection to again address any
final questions that he had and to look at the progress that was
completed thus far.
And on June 17th we did a final inspection on the items that we
provided to him on a checklist, as recommended by the Board.
I'm happy to report that KPK Management has completed more
than 75 noncompliant inspection items. And I have a few photos that I
brought just to kind of show you some before and after pictures of
what's been accomplished.
CHAIRWOMAN HILLER: I think Commissioner Henning
would like to speak before you show --
COMMISSIONER HENNING: No, go ahead, I'll wait for him
to finish.
MR. CURRY: This was one of the before pictures at the rear of
the building. This is one of the new pictures after the parking lot was
seal coated, striped and some of the other items were removed.
This is the conference room now with new carpeting.
This is the tile floor.
This is a ceiling that has now been repaired.
This is the other side of the parking lot area that's been striped
and seal coated.
This was the ceiling before the repairs.
And this was the tile before the repairs.
I'll take any questions you have.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Great. Thank you, Mr. Fox, and
the airport staff.
Now, does this end any and all compliances to the lease?
MR. CURRY: Well, I think in accordance with the lease, and
we'll work with Mr. Fox to obtain any subleases that may not fit in the
criteria of manufacturing, but we'll work with him to try to obtain
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those. I think that's one of the conditions within the lease. But under
this report it was mainly to address the noncompliance maintenance
items.
COMMISSIONER HENNING: Okay. Well, you'll let us know
if you don't get those.
MR. CURRY: Yes, I will.
COMMISSIONER HENNING: Thank you.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes. Mr. Fox, thank you for
attending to this maintenance.
Mr. Curry, I would just like to let you know that I have talked to
Mr. Fox and I suggested that he get with you and discuss the
opportunities for taking some of the fencing around the back of the
building and applying some of that screen material to it to perhaps
make some of that blacktop available a little more accessible for some
of the manufacturing uses. You know, many agribusiness users in
Immokalee, if you'll go out you'll see that they have large yards in
which they routinely stack pallets, other things like that outside as a
convenience to them. And that, you know, screening of that nature
lets you do some of the things outside, you know, at a very bargain
price for people, particularly if they're shipping materials. So you
might want to consider the options for doing that and making some of
that blacktop available for those people. It may make it more
attractive for future clients.
CHAIRWOMAN HILLER: Thank you.
MR. CURRY: Yeah, we haven't had that discussion, but we're
open to it.
CHAIRWOMAN HILLER: We have a public speaker?
MR. MILLER: Yes. Your public speaker is Larry Fox.
MR. FOX: Good afternoon, Commissioners. Larry Fox, KPK
Management, now leasing one of the nicest buildings in Immokalee.
As Chris explained, it was -- it kind of became a joy after a
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while, Chris and Tom. Tensions dropped. We decided to accomplish
everything in the time that we had.
Chris and Tom came over, gave us a checklist and we went to
work on it right away. It literally did take us all 31 days, I think, to
accomplish 95 items to get off the list, right down to the wire.
Chris and Tom performed the last -- the inspections. Total
cooperation, including removing their shoes to come into the new
office on the carpeting.
With that said, there were four light bulbs I think left to be
finished by the end of that day.
So I want to thank Chris and Tom for their support and of their
relationship. I hope I have a better relationship with the
Commissioners. I want to work out there, I want to stay out there, I
want to bring more businesses out there. I try to do the best I can.
And I also want for thank some of the people who volunteered to
help me repair that building. I had high school students, parents,
friends, neighbors out there every weekend rolling up a paint brush,
picking up things, anything they could do to help out.
I happen to be a volunteer rugby coach here, a coach at Lely,
Naples, all the high schools, actually. And the parents came in and
helped out. I showed them the story and what we're up against, and
we had a lot of help and a couple of painters for a forklift sitting
behind me as well. So thank you all. Appreciate it.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER HENNING: Thank you.
CHAIRWOMAN HILLER: I'd like to make a motion to
approve.
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
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July 9, 2013
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #10A
RESOLUTION 2013-159: APPOINTING MICHAEL DAVID
ROSEN TO THE COLLIER COUNTY PLANNING COMMISSION
AS THE DISTRICT 2 REPRESENTATIVE (FOR A TERM
EXPIRING OCTOBER 1, 2016) — ADOPTED
CHAIRWOMAN HILLER: The next item on the agenda would
be 10.A, which is the appointment of a member to the Collier County
Planning Commission. And the member being appointed is Mike
Rosen.
COMMISSIONER NANCE: Move to approve.
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: Thank you.
There being no further discussion, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
And with that I also want to say that Bill Vonier is going to step
down and Mike Rosen will be the only representative. And since
we're in the process of restructuring the Planning Commission, I will
make a motion to reappoint him to hold the position to represent the
Second District when the time comes.
COMMISSIONER FIALA: Do you need a second on that?
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CHAIRWOMAN HILLER: Do I? No. It's just informational.
So I don't think there's anything required for that. And I have a very
nice letter of resignation that Bill submitted. In light of the change in
the structure, it just makes sense to start streamlining right away.
Mike will make a tremendous contribution. He's got outstanding
experience in planning and zoning, the Land Development Code and
everything else you possibly could imagine. And he's a great guy. So
we're happy to have him on board.
Item #10B
RESOLUTION 2013-160: REAPPOINTING ANDREW DICKMAN
AS A MEMBER TO THE ENVIRONMENTAL ADVISORY
COUNCIL (FOR A TERM EXPIRING JULY 28, 2017) —
ADOPTED
MR. OCHS: Takes you to 10.B, Madam Chair. It's appointment
of member to the Environmental Advisory Council.
CHAIRWOMAN HILLER: And that is Andrew Dickman.
Motion to approve.
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #10C
ACCEPTING THE MEDICAL DIRECTOR'S SELF-APPRAISAL
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AND THE PERFORMANCE EVALUATIONS OF MEMBERS OF
THE PUBLIC SAFETY AUTHORITY AND TO CONDUCT A
PERFORMANCE EVALUATION FOR THE MEDICAL
DIRECTOR IN ACCORDANCE WITH THE TERMS OF HIS
CONTRACT - MOTION TO ACCEPT THE MEDICAL
DIRECTOR'S SELF-APPRAISAL — APPROVED; MOTION TO
CONTINUE THE PERFORMANCE EVALUATION BY THE
PUBLIC SAFETY AUTHORITY TO THE BOARD'S SECOND
MEETING IN SEPTEMBER AND FOR STAFF TO REVISE THE
APPRAISAL FORM AND CRITERIA CURRENTLY USED FOR
PERFORMANCE EVALUATIONS — APPROVED
CHAIRWOMAN HILLER: 10.0 is the recommendation to
accept the Medical Director's self appraisal on the performance
evaluations of the members of the Public Safety Authority.
And if you don't mind, I'd like to bifurcate this, because I think
it's an easy motion to -- and I'm going to make a motion to accept the
Medical Director's self appraisal and the performance evaluation of
members of the Public Safety Authority as the first motion.
And if I could have a second on that?
COMMISSIONER NANCE: I'll second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
The second part of this agenda item is to conduct a performance
evaluation of the Medical Director in accordance with the terms of his
contract.
We have not received the standard form evaluations to evaluate
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Dr. Tober by what we would, for example, use for our other contract
employees. It has to be uniform. Like what -- the same form that we
use for the County Manager or the County Attorney.
So HR needs to provide us with that evaluation form with the
appropriate criteria, and then we can go ahead and do that portion of
the evaluation for Dr. Tober and maybe, you know, bring that back at
the first meeting in September, or the second meet in September,
whatever the preference of the Board is. I don't know how busy we'll
be at the first meeting.
MR. OCHS: We'll be busy.
CHAIRWOMAN HILLER: We'll be busy.
So why not the second meet in September. And so basically
continue this item pending HR giving us the form that matches what is
provided for our contract employees, like the County Manager and
County Attorney, with the appropriate criteria outlined.
COMMISSIONER NANCE: Yes, I submitted an evaluation, and
basically I provided it to each of you. It was more of a narrative than
a form because, you know, I looked over the forms that were provided
for the Public Safety Authority, and frankly, you know, I was -- it was
impossible for me to evaluate those criteria because of things that I
don't have any direct knowledge of expertise about.
So I'm more concerned going forward with a Medical Director's
evaluation that we indeed determine what's important to us in our
medical director. And I believe that that's actually more important
than trying to look back since we haven't -- apparently the Board of
County Commissioners hasn't evaluated the Medical Director in
many, many years.
CHAIRWOMAN HILLER: I think it's like 34.
COMMISSIONER NANCE: I think it's a long time.
I believe it's very important for us to establish what it is that's
important to us so that we can include that in his contract going
forward which you as chair, Commissioner Hiller, are going to be
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negotiating is my understanding.
CHAIRWOMAN HILLER: So let me make a suggestion. Since
I believe that the Commissioners have different ideas of what is
important to evaluate, and I think we should look at everything that
the Commissioners consider important, why don't each of us email the
County Manager who can take all the criteria that we all put together.
And all of those criteria can become part of the evaluation, again,
ranking one, two, three exactly like the County Manager and the
County Attorney and, you know, the other. We want to keep
uniformity in the evaluation. So this is the great first step. So this is
really great, Tim.
COMMISSIONER NANCE: Well, you know, I just wanted to
make some comments on some -- yeah, I want it to be constructively
critical. And frankly, as I explained in that, and each of you are free to
do with it what you wish. I just was forced to rely on the subjective
opinions on numerous citizens, health care professionals and
administrators, which some of which frankly were quite critical of Dr.
Tober to try to come up with a constructively critical observation and
a critique that was going to be meaningful, rather than just go through
and say, you know, I'm giving you a three versus a five versus a
seven. I don't know what you do with any of that, other than add it up
and -- you know. So.
CHAIRWOMAN HILLER: Well, we have a standard form for
evaluating contract employees. And like I said, the criteria will be
brought forward and you can use yours. And obviously there will be
comment sections under each of the criteria that we'll be ranking.
COMMISSIONER NANCE: I look forward to any additional
exercise.
CHAIRWOMAN HILLER: So you make sure you give the
County Manager the criteria you want evaluated.
COMMISSIONER NANCE: I will do so, yes, ma'am.
CHAIRWOMAN HILLER: So the motion is to continue the
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performance evaluation to be presented by the Board at the second
meeting in September, and for staff to, number one, collect the various
criteria from all the Commissioners for consideration in that
evaluation form and for the standard form that's used for the County
Manager and County Attorney to be used for the evaluation, and for
that to be given to the Commissioners in time so that they can fill it in
and get it done and on the agenda for that second September meeting.
COMMISSIONER FIALA: I'll second that motion.
CHAIRWOMAN HILLER: Thank you.
Yes, Leo? No?
MR. OCHS: No, that's fine. So I will -- you're asking me to
modify the rating that you've previously approved, and incorporate the
new items as well?
CHAIRWOMAN HILLER: No, no, this -- we're not asking --
we have -- the Medical Director did a self appraisal.
MR. OCHS: It's based on the goals and objectives that you had
previously as a Board --
CHAIRWOMAN HILLER: Right, but he --
MR. OCHS: -- approved.
CHAIRWOMAN HILLER: But then the performance evaluation
of the Public Safety Authority had like ranking of one to 10 and, you
know, all these different things. And so what I'm saying is like, for
example, Commissioner Nance is more into the, for example, the
human relation, consensus building type of issues. I mean, he doesn't
feel as comfortable addressing the medical issues. Some of us might
be more comfortable addressing that.
So what I'm saying, so that everyone has an opportunity to
evaluate on what they feel is important, each of us will give you a list
of those criteria. You put it in, you put one, two, three underneath
with a little comment section and then we can go ahead and evaluate
and turn it in. And then it will be --
MR. OCHS: Is that in addition to evaluating on this form or --
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CHAIRWOMAN HILLER: We're not -- no, in lieu of this form.
This form doesn't comply with the county policy -- this form, this is
not the form we evaluate contract employees by. We have --
COMMISSIONER FIALA: Commissioner Hiller, are you
saying more or less to personalize this evaluation to his job
performance and what we're expecting of him?
CHAIRWOMAN HILLER: Exactly. Except for the ranking has
to be consistent with how all other contract employees are ranked. We
can't have a different system for different employees. For example, in
the county, you know, group A has this is type of evaluation form,
group B has this type of evaluation form, contract employees have a
third type of evaluation form. It is a standard form. That's how you
measure employees, you know, for performance.
COMMISSIONER NANCE: So Madam Chair, you're
suggesting we begin with this form, take a look at the form we're
supposed to be using and submit criteria that are appropriate to occupy
that form?
CHAIRWOMAN HILLER: No, we are going to start with HR's
COMMISSIONER NANCE: Contract employee form.
CHAIRWOMAN HILLER: -- contract employee form, which is
a ranking of one, two, three. You know, below average, average,
above average. Then the criteria that we are going to evaluate against
will be submitted by each Commissioner, and all of those will be
ranked one, two, three.
COMMISSIONER NANCE: So let's start out with the form.
CHAIRWOMAN HILLER: Well, the form is going to be
prepared by HR, based on its input, but it's a standard ranking for
contract employees.
COMMISSIONER HENNING: It's the same as the County
Manager's --
CHAIRWOMAN HILLER: Correct.
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COMMISSIONER HENNING: -- except for it's different.
CHAIRWOMAN HILLER: It's tailored in terms of the criteria.
COMMISSIONER NANCE: Let's start out with the County
Manager's evaluation for example and let's use that to generate
something that's really good.
CHAIRWOMAN HILLER: Leo, you understand what we want,
right?
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: Good. Thank you.
COMMISSIONER NANCE: Mr. Ochs, could you provide me at
least with a copy of the criteria that you are being evaluated against,
for example, so I can take a look at what the proper format it?
COMMISSIONER HENNING: He's a new bee. I forgot.
CHAIRWOMAN HILLER: He doesn't even get it.
COMMISSIONER NANCE: Yeah, I haven't done it.
CHAIRWOMAN HILLER: You know what? Let me make a
suggestion. Leo, can you sit down and just help him? Because this is
not worth the discussion.
COMMISSIONER NANCE: Some of these -- excuse me, but
some of these generalized evaluation forms you can take in the men's
room. They're no good.
CHAIRWOMAN HILLER: They're not --
COMMISSIONER NANCE: Washes behind the ears, dresses
appropriately. It's not good.
CHAIRWOMAN HILLER: Commissioner Nance, trust me, it's
not generalized, okay, that's why it won't work. Trust me.
Let's move on. All right, so we have a motion and a second. All
in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
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COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #10D
THE BOARD OF COUNTY COMMISSIONERS DIRECT STAFF
TO RESEARCH THE FOLLOWING ECONOMIC
DEVELOPMENT TOOLS AS PART OF THE OVERALL
DEVELOPMENT PROGRAM FOR THE COUNTY AND BRING
BACK RECOMMENDATIONS TO THE BOARD IN OCTOBER
2013: 1) CONSIDER DEVELOPING A PUBLIC-PRIVATE
PARTNERSHIP WITH THE CHAMBER OF COMMERCE WITH
THE COUNTY PROVIDING AN OPERATIONAL,
PERFORMANCE-BASED SUBSIDY CONDITIONED UPON THE
CHAMBER AGREEING TO IMPLEMENT AN ECONOMIC
DEVELOPMENT PROGRAM THAT WILL SERVE TO RECRUIT
BUSINESSES TO COLLIER COUNTY, AND, THAT SUCH A
CHAMBER PROGRAM SHALL BE LED BY A NEW CHAMBER
EXECUTIVE DIRECTOR THAT HAS DEMONSTRATED
MARKETING AND SALES SKILLS, ALONG WITH A PROVEN
TRACK RECORD IN ECONOMIC DEVELOPMENT
TRANSACTIONS. THE COUNTY WOULD THEN SHIFT ITS
FOCUS FROM BUSINESS RECRUITMENT TO
ADMINISTRATIVE FACILITATION AND BACKING. IT IS
SUGGESTED THE COUNTY MANAGER MEET WITH THE
NEW INCOMING CHAMBER CHAIR AND NEW EXECUTIVE
DIRECTOR TO DISCUSS SUCH A PARTNERSHIP. FURTHER
CONSIDER HIRING A CONSULTANT WITH KNOWLEDGE OF
PUBLIC-PRIVATE ECONOMIC DEVELOPMENT
PARTNERSHIPS TO MODEL RELATIONSHIPS AND
RECOMMEND HOW NEW BUSINESS WOULD BE RECRUITED
THROUGH SUCH A PARTNERSHIP. 2) CONSIDER THE
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FOLLOWING ECONOMIC DEVELOPMENT INCENTIVES
THAT DO NOT REQUIRE AN OUTLAY OF PUBLIC TAX
DOLLARS AND AS SUCH WILL NOT RESULT IN AN
INCREASE IN TAXES, NOR A SHIFT IN EXISTING PROGRAM
SUPPORT: (A) PROPERTY TAX ABATEMENT - BOTH
CONSTITUTIONALLY AND STATUTORILY ALLOWED, THIS
PROGRAM WOULD ALLOW PROPERTY TAX ABATEMENT
FROM 1 YEAR TO UP TO 10 YEARS WITH BCC APPROVAL,
AWARDS BASED ON JOB CREATION AND/OR POSSIBLY
CAPITAL INVESTMENT. REQUIRES REFERENDUM
APPROVAL BY TAX PAYERS. ALREADY IN PLACE IN
NUMEROUS COMPETING FLORIDA COUNTIES. CONSIDER
THAT IF BUSINESS IS NOT DRAWN TO THE COUNTY, THEN
TAX REVENUE WOULDN'T BE GENERATED; THEREFORE
THE COUNTY IS NET GAINING TAX REVENUES IT WOULD
OTHERWISE NOT HAVE IN THE LONG RUN. (B) SHORT
TERM MORATORIUM COUNTYWIDE OF COMMERCIAL
IMPACT FEES - CONSIDER FEE CREDITS FOR ALL
COMMERCIAL DEVELOPMENT TO ENCOURAGE NEW
BUSINESS GROWTH TO ALLOW INCREASED EMPLOYMENT
OPPORTUNITIES AND FUTURE GROWTH IN PROPERTY TAX
REVENUE. AGAIN, IF A BUSINESS WON'T COME TO
AND/OR BUILD IN THE COUNTY BECAUSE FEES ARE A
MAJOR IMPEDIMENT THEN FUTURE TAX REVENUE IS
FORFEITED AND EMPLOYMENT OPPORTUNITIES ARE
LOST. THE AMOUNT OF IMPACT FEES EXEMPTED WOULD
BE ABOUT $2-$3 MILLION WHICH WILL BE RAPIDLY PAID
BACK BY FUTURE PROPERTY TAXES THE NEW PROPERTY
WILL GENERATE. THE NET RESULT IS A POSITIVE
INCREASE IN OVERALL COUNTY REVENUE. (C) REAL
ESTATE DATA BASE AND RENT ABATEMENT PROGRAM -
THAT THE COUNTY HAVE ITS PROFESSIONAL REAL
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ESTATE DEPARTMENT IN CONJUNCTION WITH ITS
OUTSIDE COMMERCIAL BROKERS LIST ALL COMMERCIAL
PROPERTIES AND LAND AVAILABLE FOR SALE IN
COLLIER COUNTY ON THE COUNTY'S WEBSITE, MUCH
LIKE LEE COUNTY HAS DONE. FURTHER, THAT STAFF
DEVELOP A SHORT-TERM RENT ABATEMENT PROGRAM
FOR EMERGING OR RECRUITED BUSINESSES THAT NEED
TO BE HOUSED PENDING CONSTRUCTION OR
IMPROVEMENT OF THEIR NEW FACILITIES. INCENTIVIZE
BASED ON JOB CREATION. TO ENSURE THAT THESE
PROGRAMS HAVE THE INTENDED LONG TERM FINANCIAL
BENEFIT TO THE COUNTY, IT'S RECOMMENDED THAT AN
OUTSIDE CONSULTANT BE RETAINED TO PRO FORMA THE
RETURN ON THESE PROGRAMS. HIRING A HIGHLY
REGARDED CONSULTING FIRM LIKE A MCKINSEY, BOOS
OR A BIG 4 FIRM TO QUANTIFY THE IMPACT OF THESE
INCENTIVES WOULD HELP THE BCC AND STAFF DEVELOP
AN INCENTIVE PROGRAM WITH SUBSTANTIVE IMPACT. 3)
FEDERAL AND STATE GRANT PROCUREMENT - THE
COUNTY DOES NOT CURRENTLY HAVE A FULLY
DEVELOPED FEDERAL AND STATE GRANT PROCUREMENT
PROGRAM DIRECTED AT ECONOMIC DEVELOPMENT. TO
THE END THAT THE COUNTY WILL BE BRINGING IN A
CONSULTANT TO AID IN DEVELOPING ITS GRANT
ADMINISTRATION OPERATIONS, THERE SHOULD BE AN
OVERLAP WITH THE COUNTY'S OFFICE OF ECONOMIC
DEVELOPMENT TO ALLOW THAT OFFICE TO KNOW THAT
ECONOMIC DEVELOPMENT GRANTS WILL BE
PROFESSIONALLY ADMINISTERED. FOR EXAMPLE,
SEEKING GRANT FUNDING FOR THE CONSTRUCTION OF
INCUBATOR FACILITIES, ECONOMIC DEVELOPMENT
MARKETING ETC. SHOULD BE AGGRESSIVELY PURSUED -
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MOTION TO ACCEPT AS PRESENTED — APPROVED
CHAIRWOMAN HILLER: The next item is an item that I
added on, and the reason I added it on and didn't have it before is
because this was actually evolving. And I was thinking of waiting on
submitting, but then what happened was it -- you know, in talking to
Leo, with everything that staff was working on, it became very clear
to me that it was important to give the staff the direction to consider
these items in the development of the economic development program
for the county. And I didn't want staff to lose the opportunity to work
over the summer on these issues since the program will be brought
back for approval in the fall.
And I think what's described in here is very self-explanatory.
Just briefly, one, consider a public/private partnership with the
Chamber of Commerce with the chamber leading the initiative on
economic development recruitment.
Two, consider a property tax abatement program.
Three, potentially a short-term moratorium countywide
commercial impact fees.
Three (sic), establish the real estate database and a rent
abatement program.
And four, consider, you know, really developing a strong federal
and state grant procurement program to get those economic
development dollars to support our initiatives here in the county.
And again, none of this is -- what I'm asking for today is not that
you accept any of this but just to give staff the opportunity to evaluate
these considerations and come back with a recommendation that
they're, you know, good, bad or ugly as they see fit. Some of this may
stick, some of this may not stick, but I just would like to have staff
have the opportunity to consider these options as they're considering
the other options that are being brought forward to date.
So if I may have a motion to approve?
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COMMISSIONER HENNING: Motion to approve with
amendments.
CHAIRWOMAN HILLER: Sure.
COMMISSIONER HENNING: The impact fee moratorium we
addressed already.
CHAIRWOMAN HILLER: Well, you know, I talked to -- if I
can respond to that. I spoke to -- everything I caught on here, by the
way, I've discussed with the County Manager. And we did discuss it
but we didn't discuss this variation. And I know what you have asked
the County Manager to research, I did review your tape.
Unfortunately I wasn't here when you had that workshop because my
dad passed away that week. But I do know exactly what you
proposed.
And the two things that you suggested was one, do that
three-quarters, you know, like a 75 percent reduction of commercial
impact fees and the other thing that you were considering looking at
were the TIFs.
And this is actually like option number three, which is a
short-term incentive. And one of the things I feel very strongly about
is that we shouldn't do anything without a financial analysis. And
basically look at it as a -- almost consider it a net present value
analysis. If we forego say $3 million in impact fee collections today
to benefit the industry as a whole, not picking winners or losers and
let's say we do a short-term moratorium and that did spurs commercial
development. And as a consequence, you know, we've got these new
businesses that hire more people but more importantly from the
perspective of the finances of the county new commercial
development that brings in all this new tax revenue we wouldn't
otherwise have, if you look at the future stream of tax revenues offset
against the short-term loss of impact fees, we may have a very
substantial net positive, which is why when I proposed this I say -- I'm
not saying you accept this unless and until we have the financial
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analysis that shows that it potentially could be a net gain. If the
numbers prove that there is no net gain, then we should not do this.
COMMISSIONER HENNING: Well, there's other things to
consider that was presented. We have an abundance of vacant
commercial in Collier County. We also have prepaid impact fees for
commercial properties. So we are kind of picking winners and losers,
because we're saying to the ones that already paid their impact fees,
you're a loser, we're going to pick a winner, and allow others to come
forward and without having to pay that fee.
CHAIRWOMAN HILLER: And, you know, the way --
COMMISSIONER HENNING: If we was to eat up the -- or if
those buildings were built right now, it would be a lot easier choice for
me, quite frankly.
CHAIRWOMAN HILLER: Well, here's how -- and this is -- you
know, an impact fee is not a tax credit, but to give you a tax credit
abatement -- or not abatement but exemption program by contrast -- at
any point in time when you implement a credit program, obviously
whoever came before and whoever comes after is in a different boat.
That does not make the program unfair, because they're intended to be
incentivizing programs.
To give you an example, Governor Scott very recently, and we
endorsed it, provided a manufacturing, you know, sales tax credit
program. And obviously whoever bought equipment before or
whoever had an order in place prior to the enactment of that, you
know, wasn't going to get the benefit of the credit.
So, you know, we can't do it based on a timing -- we can't not do
it based on a timing argument.
COMMISSIONER HENNING: Well, that's a very fair analogy
to it. But what do you do with the vacancy rate that we have today?
CHAIRWOMAN HILLER: But again, it's market driven. It's
not for us to judge whether there is or isn't vacancy. If, for example, a
-- I'll give you -- and actually, it's an example you brought up several
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years ago about McDonald's. And McDonald's said oh, we can't build
because the impact fees are so high. Well, I had a similar experience.
Five Guys wanted to build, and Five Guys said, I mean, I can't afford
to build because the impact fees are so high. Now, they want to build
because they're a special business, they design their buildings the way
it exists. It doesn't matter that there are vacancies. You know, they
wanted to do it in a specific way in a specific location.
So there are businesses that are still going to build
notwithstanding the vacancy, because what's available doesn't
necessarily suit them. And so I don't want to see that business go to
Lee County just because, you know, they're offering an incentive
we're not offering and we don't have anything that suits their
immediate need.
And the reason I say short term is because we have to test market
it. It may be absolutely useless. It may not spur the kind of activity
we think, or alternately it may have a tremendous impact. If no one
takes advantage of this moratorium we haven't lost a dime because
those people would not have built anyway. If they do take advantage
of it, then suddenly we have construction that's going to bring us a
new stream of revenue, of ad valorem revenue that we wouldn't
otherwise have. So we're not going to lose money.
COMMISSIONER FIALA: May I interject here?
CHAIRWOMAN HILLER: Of course.
COMMISSIONER FIALA: You talked about Five Guys. By the
way, they did move into the old Grecian Gardens, so that was really
nice. They were able to take that derelict building off the market and
put it to great use, which is right down the street from the government
center.
CHAIRWOMAN HILLER: And by the way, it's fabulous.
Because I've been there and --
COMMISSIONER FIALA: It's wonderful. And, you know,
that's such a good program to get some of these old buildings off of
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the inventory and into good use.
We talk about employees. Right now we're having an employee
problem here, as you're probably well aware, and that is there aren't
enough employees to cover the jobs that are needed.
But one of the main things that we've learned is that a lot of those
jobs that are out there are not looking for unskilled labor, they're
looking for skilled labor. And I think that that goes a little bit deeper
than impact fees, and that is one of the things we don't have in our bag
of tricks here is we don't have housing to accommodate middle
income people. We have low income and we have high income
housing, but for those people who we want to attract to this area and
take on these skilled jobs, we need to start thinking more about that
than we have before.
And lastly, one of the problems that Lee County suffered almost
immediately and I'm sure you've read in the newspaper about this in
the News Press was that they were already -- they just started their
impact fee moratorium and they were already $5 million in debt by I
think it was a month ago. And so now they're discussing raising taxes
to cover that loss.
CHAIRWOMAN HILLER: And Commissioner Fiala --
COMMISSIONER FIALA: I'm not willing to do that.
CHAIRWOMAN HILLER: But again, let me see say that what
they've done and their financial circumstances are very different than
ours. Which is why again, I'm not saying we are doing any of this. I'm
asking that staff research it and come back with a financial analysis to
say good or bad. We may be surprised to see that as a short-term
moratorium this might be very positive as a stimulus. It may turn out
that staff comes back and says no, it isn't. But I think we ought to give
staff the opportunity to quantify and analyze this question in addition
to the other two questions with respect to impact fees that have been
presented.
None of these -- I'm not suggesting here that we do any of this.
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I'm suggesting that we allow staff the opportunity to explore these
approaches and come back to us with recommendations.
COMMISSIONER FIALA: Define short term, please.
CHAIRWOMAN HILLER: Well, that's what staff has to define.
Staff could come back and say -- again, we want staff to research this.
We're not telling them to do it. We're not saying this is what we're
going to do. Staff may come back and say, you know, this could
really work well for six months, let's try it. Or staff could come back
and say let's try it for two years. Staff could come back and say let's
not do it at all. But let's give them the opportunity to give us options.
COMMISSIONER HENNING: How could it be more fair than
that?
CHAIRWOMAN HILLER: And like I said, when we run the
numbers we may be surprised, and we may be surprised to the
negative or the positive. And quite frankly, I'm not sure which way
this will end up. So I want to give staff the option to --
COMMISSIONER FIALA: Let me ask one last question, please.
For those businesses, because we're seeing a lot of action going on
right now. For those businesses who have already paid their impact
fees up front as they're beginning to build or move into businesses
now, brand new businesses, do we -- we're going to have to figure out
what we do with the impact fees that we've received --
CHAIRWOMAN HILLER: No, we don't.
COMMISSIONER FIALA: We could probably put it on our
debt service. Do we refund that?
CHAIRWOMAN HILLER: No, we don't. Once you start a
program, it starts as of a certain date and ends as of a certain date. It's
like when you and I go to a store and buy clothes on sale. If we --
COMMISSIONER FIALA: I understand what you're saying.
There's going to be a lot of people that feel it's very unfair because
they started before the change in policy.
CHAIRWOMAN HILLER: But that's not how credit programs
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work, and everyone in business understands that. You know, when
you make the decision, you know, if there happens to be a program in
place and if that incentivizes you to build when you otherwise
wouldn't, that's great.
COMMISSIONER FIALA: Yeah, as long as you're not dealing
with a half a million dollars.
But anyway, I won't argue the point, I'm just putting these things
on the record because I think you have to take that into consideration.
CHAIRWOMAN HILLER: I think you raise really good
questions, and I think that's what staff needs to analyze and come back
and report to us.
COMMISSIONER COYLE: My light's on.
CHAIRWOMAN HILLER: Are you done, Commissioner Fiala?
COMMISSIONER FIALA: Yes.
CHAIRWOMAN HILLER: Okay. Commissioner Coyle?
COMMISSIONER COYLE: Yeah, you know, this is sort of like
the red light cameras. You know, if the Sheriff isn't going to stand up
and support red light cameras, I'm certainly not going to get in the
middle of it. If you're not going to stand up and resist throwing our
new Economic Development Director Bruce out on the street to turn
this all over to the Chamber of Commerce, I'm not going to get in the
middle of it either. Because that's exactly what number one says.
CHAIRWOMAN HILLER: No, it doesn't.
COMMISSIONER COYLE: Well, let me read it, okay. That we
would -- a new program, economic development program, shall be led
by a new Chamber executive director that has demonstrated marketing
and sales skills. The county would then shift its focus from business
recruitment to administrative facilitation and backing.
Is that what you signed up for, Bruce?
So I don't know, I think this is an exercise in futility, we've
already gone through a study about how we're going to set up the
Office of Economic Development. We already had the Chamber of
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Commerce running the EDC. And we -- they got so much criticism
that they decided to get out of the business.
Now, I won't argue the merits of that, but my feeling is if we're
going to waste the staffs time looking at things that we have already
reviewed and most of us have rejected, I don't see anything fair in that.
But if the majority of the board wants to proceed down this path, I'll
be happy to step aside and watch.
CHAIRWOMAN HILLER: Well, I'd like to comment.
The Chamber has never taken an active role in business
recruitment. They tried to pick up what the EDC failed to do, which
was not active business recruitment. And it's a very -- what's being
proposed here is something entirely different.
We're moving into a new era. The Chamber is a new Chamber.
We have a new Chamber leader, Dudley Goodlette. We are going to
have a new Chamber executive director. And if that new leadership is
willing to undertake economic development recruitment, a
public/private partnership with us doing what we are supposed to do,
which is to be facilitators and backers of a private market initiative,
does make sense.
It's very, very different from what the EDC was, it's very
different from what the chamber has been. This is a new approach,
this is a different angle. And I -- you know, it's up to the Board as to
how we use Bruce. If he doesn't like it, he doesn't have to participate,
but I think his role doesn't change materially other than the fact that he
is now -- he is not the one burdened with creating the jobs, it's the
private sector with him in the support function to show that, you
know, Collier government is there to help facilitate, you know,
emerging and new businesses that come to this market to become
successful and hire a lot of people.
COMMISSIONER COYLE: Well, let's call the question.
MR. OCHS: Madam Chair?
CHAIRWOMAN HILLER: I have Commissioner Nance and
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Henning who want to speak.
MR. OCHS: Do you want me to go now or do you want me to
wait 'til the Commissioners are done.
CHAIRWOMAN HILLER: Your choice.
MR. OCHS: While we're on this subject, and I'm glad that
Commissioner Coyle brought it up if he was unclear, what I had
mentioned to the Board at the end of the last meeting, if you recall,
was that when I came in front of the Board in 2012 and you authorized
a development of this department, it was based on an ultimate
public/private arrangement where we would have participation. In
fact, you wanted skin in the game from the private sector and we
agreed.
Last meeting I told you that I had received a letter from the
outgoing Chamber executive director offering their subsidiary
not-for-profit, the Partnership for Collier's Future Economy, to work
with this Board and with Bruce and I to be the private partner in that
public/private partnership.
I see this suggestion by Commissioner Hiller as giving us that
opportunity to negotiate that interlocal agreement or that MOU of
rules and responsibilities and to bring that back to the Board for a final
consideration and vote.
And Commissioner Coyle, I don't suspect that it will look exactly
like Commissioner Hiller outlined here, but we've had some initial
discussions with the Chamber staff, including Dudley Goodlette, and,
you know, I'm very encouraged by those discussions. And I think we
can come back with a good public/private model that this Board can
endorse.
And again, we've never intended to grow a large staff to be all
things to all people in regard to economic development, but we
certainly want to have a strong equal role in -- for this Board on how
we roll out economic development programs in the county.
So I see this as giving us the opportunity or the endorsement
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from the Board to go ahead and put that agreement, that draft
agreement together and bring it back to the Board in the fall.
And Commissioner, your comments are well taken, both
Commissioner Coyle and Commissioner --
COMMISSIONER COYLE: Like I said, if you're not going to
stand up for it, I'll just sit by and watch. So it's your responsibility and
you proceed any way you see fit, okay?
MR. OCHS: Yes, sir.
COMMISSIONER COYLE: And I'll be here.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes, I'm really looking forward to
having Mr. Register drive some of these things forward. I'm all in
favor of discussing many things. And some of these things on this list
are fine and dandy. You know, I was hopeful that he was going to
start bringing some of these forward.
But when we start talking about who's going to do what, I'm very
much anticipating that we're going to have some clearly defined
responsibilities. I've been through dozens of meetings over the last
decade, and people are really good at talking about philosophy and
speaking in platitudes, but I don't see anybody's that's got any clearly
defined responsibilities. If we don't have some clearly defined
responsibilities and know exactly who's going to do what, I've got
news for you, we're going to be sitting here two or three years from
now and nobody's going to have done anything except continue to say
we're getting ready to do something.
CHAIRWOMAN HILLER: Which is exactly what the purpose
of this is.
COMMISSIONER NANCE: Well, I'm very supportive of these
sorts of things. I think these are very general, they open the box, you
know.
I want to make a couple of comments for example on commercial
impact fees. This Board itself is completely conflicted in its policy on
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impact fees. We had a workshop where staff came out and said
impact fees, reducing impact fees has absolutely no utility in
economic development. At the last meeting we all agreed
unanimously that we were going to support reducing impact fees for
people moving into old buildings because it's stimulating economic
development. Now it either does stimulate economic development or
it doesn't. It does it in one circumstance and not another. So I think
that's completely ridiculous. I think we don't have a clue what we're
doing with impact fees here. We're clearly doing two different things
under two different sets of circumstances, and it makes us look quite
foolish, actually.
So I'm in favor of looking at these things, I certainly want to
engage the Chamber, I'm ready to do it and I'm ready to move
forward. So I support discussion of anything. You will not find me
against discussing any sorts of things. I think we need to think outside
the box.
I certainly think impact fees need to be looked at as well as other
sources of revenue. Because if we don't, we're going to get down the
road -- right now we've got 96 percent of our ad valorem taxes coming
from residential. It couldn't get much worse. It just simply can't get
any worse. And if we don't have a rise in impact fee collection or
other revenue collections, the people in the urban coastal zone in this
county are going to have to pay more ad valorem property taxes.
That's the only place the revenue is going to be coming from. It's a
single source of revenue. It's not coming from anywhere else. And
it's going to get worse. Because as soon as some of these bills come
due, Commissioner Hiller and Commissioner Coyle's district are going
to pay an additional disproportionate amount of taxes in this county.
We have to get the eastern part of the county incentivized with some
economic drivers so they can start paying their fair share of ad
valorem taxes, not just in residential but also in commercial. And it's
going to get worse.
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I respectfully disagree with Commissioner Fiala who says we
don't have housing. We've got hundreds of vacant homes in Golden
Gate Estates. Hundreds of them. Nobody can come down here and
buy them because they cannot get a job in this county. That's why
they're not coming to buy these properties. They're not coming
because the properties are no good and they're not a bargain. They
are. You can buy a single-family home out there for $150,000, but
you can't get a job. That's the problem. We've got lost 25,000 jobs in
this county and they're not reappearing by magic. Unless we help our
small businesses, we're going to sit here idle at a one and a half
percent growth, traditional second homes and that's all we're going to
have. We've got to get some commercial in the game.
I think it's horrible that we think it's a great accomplishment to
have our older buildings occupied when we've got dozens and dozens
of commercial centers here that have never had a single business
occupy them ever. They're brand new shiny empty commercial
buildings. Because people don't want to come down here and pay the
impact fees.
CHAIRWOMAN HILLER: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Are you done?
COMMISSIONER NANCE: Yes.
COMMISSIONER HENNING: It was well said. I think it was
well said.
I'm going to modify my motion to accept as presented.
CHAIRWOMAN HILLER: May I have a second?
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Is there any further discussion?
(No response.)
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
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July 9, 2013
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Is that aye?
COMMISSIONER COYLE: No. No, the aye's coming now.
CHAIRWOMAN HILLER: Is it?
COMMISSIONER COYLE: Yeah.
COMMISSIONER NANCE: All opposed?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COYLE: There you go.
CHAIRWOMAN HILLER: So are you opposed?
COMMISSIONER COYLE: Yeah, opposed. I think there was a
voice from down in front of us.
CHAIRWOMAN HILLER: You were opposed also?
COMMISSIONER NANCE: It's a 3-2.
CHAIRWOMAN HILLER: So the motion carries 3-2, with
Commissioners Fiala and Coyle dissenting.
MR. OCHS: Madam Chair, you had a —
Item #1 l A
RESOLUTION 2013-161 : A RESOLUTION ESTABLISHING
PROPOSED MILLAGE RATES AS THE MAXIMUM PROPERTY
TAX RATES TO BE LEVIED IN FY 2013/14 AND REAFFIRM
THE ADVERTISED PUBLIC HEARING DATES IN
SEPTEMBER, 2013 FOR THE BUDGET APPROVAL PROCESS —
ADOPTED
CHAIRWOMAN HILLER: We have 11.A. Can we just do
11.A really quickly, which is a recommendation to adopt a resolution
establishing the proposed millage rates as the maximum property tax
rate to be levied in fiscal year 2013/14 and reaffirm the advertised
public hearing dates in September, 2013 for the budget approval
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process.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER COYLE: Motion to approve.
MR. MILLER: Madam Chair, I have two registered public
speakers on this item.
COMMISSIONER COYLE: It's not going to be fast. Can you
make it?
CHAIRWOMAN HILLER: Let me just ask a question. Mark, is
there anything that you have to put on the record for purposes of this
motion?
MR. ISACKSON: What's on the record, Commissioner, is
packet pages 135 through 140, 141.
COMMISSIONER COYLE: Do you have to read all of those?
MR. ISACKSON: No, no. This is just establishing your
maximum millage rates for purposes of the trim notices that go out.
CHAIRWOMAN HILLER: And just so everybody knows, we
are not raising the millage rates across the board.
Would you have the public speaker?
MR. MILLER: Yes, your first public speaker is Brad Cornell,
and he'll be followed by Doug Fee.
Mr. Fee, can we have you wait at the other podium, please.
MR. CORNELL: Good afternoon, Commissioners. I'm Brad
Cornell on behalf of Collier County Audubon Society and Audubon
Florida. Thanks for the opportunity to speak on this.
I am very sorry that I was not here for your June 20th budget
workshop. I would have liked to have been here. I was --
CHAIRWOMAN HILLER: You can watch reruns on Collier
County TV.
MR. CORNELL: I did.
CHAIRWOMAN HILLER: I'm impressed, okay.
MR. CORNELL: I watched the entire discussion that I was
interested in anyway.
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And I want to say first that I support the direction that -- I'm here
to actually speak about one part of the budget and that's Conservation
Collier. And my colleagues, Nancy Payton and Marissa Polgar spoke
to you that day.
I want to support your direction to have a public workshop later
this summer. I think that's a great idea. And I also understand your
commitment to remaining millage rate neutral.
And I think, after watching your discussion, I thought about it.
Every once in a while I think about things. Not too often, but in this
case I came up with an idea. It seems to me that you can keep your
millage rate neutrality and also keep the Conservation Collier quarter
mill in the budget at least as a placeholder, which is what was
proposed, as you recall, last month. In the aggregate portion of the
total millage, not the general fund but in the aggregate portion where it
has been for the last 10 years.
And my rationale is this: The public approved this tax twice, as
you know. Second time over 80 percent of the public approved. Now,
while the program tax was supposed to have been for 10 years to buy
land, I think we all recognize that it came up short. Over two years
ago we stopped buying land for the most part. So we didn't fulfill that
full 10 years of the program. So that's one rationale that I think would
support continuing the tax. And that's something to discuss at your
workshop, I understand.
And the second thing is that there appears to be at least one other
tax levy outside the general fund which is not voter approved and
that's the Naples Park drainage levy. I know that because I live in
Naples Park. It's been there a long time. We never voted on that that I
can recall. I remember when the Eighth Street drainage project was
put in.
CHAIRWOMAN HILLER: Mark, can you listen to this?
MR. ISACKSON: Yeah, I'm listening.
CHAIRWOMAN HILLER: Because I want to -- if this has
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never been levied, then why is it still there?
MR. CORNELL: That's not my point in bringing it up.
CHAIRWOMAN HILLER: I know, but it is mine. I want to
know.
MR. CORNELL: My point really is that if that's the case with
Naples Park drainage, and I understand the need for funding drainage
improvements and that sort of thing on a district-wide basis, that's kind
of what MSTUs and MSTBUs are all about.
Conservation Collier -- at least provisionally for the rest of the
summer until you have your workshop, leave the quarter mill in that
place as a placeholder. I think that's a reasonable thing to do. And I
thank you for considering that, and also for committing to continuing
this conversation about Conservation Collier.
CHAIRWOMAN HILLER: Thank you.
MR. CORNELL: Thanks.
CHAIRWOMAN HILLER: Can I just quickly ask Mark about
that Naples Park mill?
MR. ISACKSON: What was the question, Commissioner?
CHAIRWOMAN HILLER: The Naples Park mill.
COMMISSIONER HENNING: Drainage.
CHAIRWOMAN HILLER: Drainage.
COMMISSIONER HENNING: It's been there forever.
MR. ISACKSON: Yeah, that Naples Park -- we have a Naples
Park MSTU. It's part of our family of levies that we have.
CHAIRWOMAN HILLER: Right.
MR. ISACKSON: So I don't understand the question.
CHAIRWOMAN HILLER: I guess what I'm understanding
what Brad was saying is that that has never been used, so I'm not quite
sure if I --
MR. CORNELL: Not voted on.
CHAIRWOMAN HILLER: Not voted on? Never voted on?
MR. OCHS: There's several MSTUs that were board imposed
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that may not have been voted on by the public.
COMMISSIONER HENNING: Not a countywide.
CHAIRWOMAN HILLER: Right. These are MSTU's. This is
not like Conservation Collier, which was --
MR. OCHS: A referendum.
CHAIRWOMAN HILLER: -- a referendum.
MR. OCHS: Referendum with a hard sunset.
CHAIRWOMAN HILLER: Yeah. So it's a little bit different.
But anyway, I just wanted to point that out because I'm not sure
they're comparable. And I don't want a misinterpretation due to an
analogy which doesn't I think apply. But thank you. We can talk
about that, you know, outside of the meeting.
I think Doug Fee is our next speaker.
MR. MILLER: Yes, Doug Fee, please.
MR. FEE: Good afternoon. For the record, I'm Doug Fee.
If I may ask, you -- the Board added an item which we just heard
which was 10.D. If I could just take 30 seconds to make a comment
on that, and then I will speak on 11.A, which is the millage rate.
CHAIRWOMAN HILLER: You know, you have to sign up to
speak to the agenda item. And as much as I like you and would like to
just let you break the rules that we don't let anyone else break, I think
it would not be appropriate to do so. So, you know, you can comment
on these points when they come back for discussion after the staff has
done their study and give us recommendations, and in the meantime if
you'd like to pass your comments on to Leo and just go right to the
agenda item that we're discussing.
MR. FEE: Thank you. I am here to very simply say I'd like to
see the Board consider a roll-back millage. I spoke earlier this year
about a month ago at a meeting. I know that in February when you
gave guidance it was for a flat, which would basically mean the same
tax for the county residents based on the value of their home
remaining the same.
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Today I understand that the average is more like 3.5, 3.8 percent
increase. So what that effectively means is if the millage rate remains
the same, the county in fact is getting 3.5 percent greater taxes.
COMMISSIONER HENNING: Without Conservation Collier,
though.
MR. FEE: Without Conservation Collier.
COMMISSIONER HENNING: Yeah, we won't take that under
consideration, because that's going away, right?
MR. FEE: I'm not commenting on Conservation Collier right
now. I'm just in general saying that I'd like to see the Board roll back
the rate so that government basically remains the same. Try to do it
that way, okay, put the money back in the pocket of the average
person that lives here, which in effect will be millions of dollars
coming back into our economy. It will help people spend money in
restaurants, retail.
I believe that many of you sitting up there do believe that
government should be curtailed, shouldn't be growing, okay.
With that in mind, I do have one other question, which is if some
time in the future the county staff could provide an actual population
graft where it shows what happened during the downturn; are we flat,
are we beginning to grow people-wise. I think that has, you know, an
answer as far as should we be growing government or should we be
remaining the same right now if our population is not growing.
So that's my comment, I appreciate your time.
CHAIRWOMAN HILLER: Thank you very much.
And address your comments on the other agenda item to Leo if
you would. Thanks.
We have a motion and a second. There being no further
discussion, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
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July 9, 2013
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Commissioner Coyle, did you want to say no to this?
COMMISSIONER COYLE: No, I'll --
CHAIRWOMAN HILLER: Okay. I like to double check.
MR. ISACKSON: Thank you, Commissioners.
COMMISSIONER COYLE: It's good policy.
CHAIRWOMAN HILLER: So the last item on the agenda, and I
want to talk to our court reporter, I think she needs a break, is 11.C.
Would you like a break? Because I don't know how long this --
THE COURT REPORTER: This is the last item?
CHAIRWOMAN HILLER: I believe so.
MR. OCHS: We're going to have some communication.
CHAIRWOMAN HILLER: We have communications and stuff
like that.
How long do you think it's going to take?
COMMISSIONER NANCE: Give her time.
CHAIRWOMAN HILLER: All right, why don't -- this is
Commissioner Nance's item, and he suggests that you take a break, so
it's going to be more than five minutes.
COMMISSIONER NANCE: Get a piece of chocolate from
Commissioner.
CHAIRWOMAN HILLER: Hey, stop giving my stuff away. I'll
give it away.
So it's 3:49. Let's be back here at 4:00. And then we have one
item which is 11.0 and then we're going to communications.
(Recess.)
CHAIRWOMAN HILLER: We're back in session. The last item
on the agenda before communications is 11.C.
Item #11C
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July 9, 2013
RECOMMENDATION TO APPROVE CHANGE ORDER #5 TO
CONTRACT #10-5541 WITH PARADISE ADVERTISING AND
MARKETING, INC. FOR TOURISM MARKETING SERVICES
TO REFLECT A REQUESTED INCREASE FOR MARKETING
SERVICES FOR THE OFFICE OF BUSINESS AND ECONOMIC
DEVELOPMENT IN THE AMOUNT OF $75,000 AND
AUTHORIZE THE CHAIRWOMAN TO EXECUTE THE
CHANGE ORDER - MOTION FOR THE COUNTY MANAGER
AND DIRECTOR OF THE OFFICE OF BUSINESS AND
ECONOMIC DEVELOPMENT TO WORK TOGETHER ON
CREATING AN INVITATION TO BID SOLICITING FOR A NEW
TOURISM MARKETING SERVICES PROVIDER — APPROVED
MR. OCHS: Yes, ma'am, this was a recommendation to approve
a change order to contract with Paradise Advertising and Marketing
for tourism marketing services to reflect the increase for marketing
service for the Office of Business and Economic Development. And
Mr. Register will briefly present the item.
MR. REGISTER: Thank you.
As County Manager mentioned, the purpose of this executive
summary is to amend an agreement to reflect additional marketing
services that would be provided for the Office of Business and
Economic Development within an existing agreement with the
Tourism Department and services provided by Paradise Advertising
and Marketing.
Primarily the services that would be rendered will be helping us
develop a marketing positioning plan, developing some marketing
materials, including a website, some printed and digital marketing
materials that will help us establish ourselves and differentiate
ourselves from the other communities, and firmly entrench us as a
strong business destination.
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July 9, 2013
Commissioners, there's fundamentally three reasons that we're
bringing you a change order after so much discussion about that very
issue earlier today, and let me provide those for you.
In an overall sense refreshing. Our marketing outreach
immediately is recommended to capture the economic development
opportunities that are resulting from the economic recovery that we're
currently experiencing.
Second would be while progress for a public/private partnership
is gaining momentum, implementing all and immediate marketing
plan through that potential partner is beyond current circumstances.
There's funding issues, there's procurement issues.
We do believe however that that partnership could be in place by
September to help carry some of the load regarding this marketing
effort and providing the hosting. I think there was a question about
website hosting.
And I -- as those discussions are progressing and our plan is that
there will be a mechanism in place to take on that transfer of
responsibilities.
And clearly, Commissioner Nance, we can spell out those
distinctions and the division of labor very, very clearly in a contractual
arrangement and agreement I'm sure to everyone's satisfaction.
Final reason that we're asking for this change order is that -- or at
least it belongs in the category of a rational approach that this existing
tourism contract is compliant for these purposes in three aspects:
First, it does qualify, it does meet our procurement processes. Number
two, this is a qualified vendor with at least four instances of
experience with economic development in other Florida communities.
And finally, the funding resources are budgeted and in place.
With that, Commissioners, I'll open the floor to any questions
you might have. It is our recommendation that you approve this
change order.
CHAIRWOMAN HILLER: Commissioner Nance, this was
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•
pulled forward at your request.
COMMISSIONER NANCE: Yes, I'm not trying to be a pain in
Mr. Ochs' butt and he probably thinks I am after this long day today,
but I'm really not.
CHAIRWOMAN HILLER: It's not long, it's only 4:00.
COMMISSIONER NANCE: I know. He's getting off light,
actually.
MR. OCHS: I feel like it is long.
COMMISSIONER NANCE: I have absolutely no problem with
the skill and expertise of Paradise Advertising and Marketing. But it
came very clear to me that this is a classic example on how Collier
County continues to rely excessively on single providers for service.
It's my personal opinion that our economic -- our Office of
Business and Economic Development is important enough that we
need to go out and take the time to develop additional fresh
relationships. And I think that the marketing in this case and the
website development and the content development and the social
media is a perfect opportunity for us to reach out and find somebody
that's going to think outside the box that we currently have.
This is not a criticism of Mr. Haynes, but quite frankly, if he
walks out of this building and gets run over by a bus one day, we're
going to have our entire tourist development activities and all our
business development activities under one house, and I frankly do not
think it's a healthy circumstance.
And like I say, it's not a criticism of him. You know, I know it's
probably very handy to do this, it's very expeditious, you can probably
assign it, and he's going to produce something. But I want somebody
that is going to work extra hard to make us happy in Collier County.
And I think a new fresh face is in order. And I think the task at hand
is important enough to warrant it.
And I hope that you'll take the time that's necessary to do it. It
doesn't -- to me I see absolutely no utility in rushing forward the next
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three months and doing this. I do not see it. I don't see the need of it.
Because frankly, I don't see the package of economic incentives and
business development core arrows in our quiver that we're going to
need to have much to sell other than saying hey, it's a great, pretty
place, here's the beach and everybody's happy. Paradise is already
saying that. Anybody that wants to look up Collier County is already
going to see that. They don't need to see the same thing in a different
form.
So until we have some flesh on the bones of our business and
economic development program, I don't see any rush to get this done,
frankly.
So I'm suggesting that we create an RFP and go out and see if we
can't find another gun slinger somewhere that can really help us and
that way we've got two great vendors.
CHAIRWOMAN HILLER: If I may comment. I agree with
you, Commissioner Nance. But the first thing is I would really like
staff to see if there are any grant dollars out there to do this kind of
work. This is the kind of thing that I could see potentially, you know,
maybe the state or the feds having some sort of program to finance
this type of endeavor.
The second thing is I really do feel we need a new perspective on
marketing, especially the economic development marketing, which is
-- which will be a new type of promotion in marketing and advertising
for us. I really would like to see us reach out to, you know, the large
professional markets like, you know, in New York or a Seattle, see,
you know, if there are -- you know, this is -- look for, you know, some
really experienced talent in this arena that we can bring to Collier
County. We can afford it, he should have it, and it's readily doable.
I had an opportunity to talk to the Finance Director, Crystal
Kenzel, with County Manager Ochs over the break to find out if we
could do this without a competitive bid. Because what we're looking
for is a unique skill. And this is not a fungible skill, per se.
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So we do have the legal latitude to allow the County Manager to
go out and to try to find, you know, a firm or a number of firms that fit
that profile and, you know, authorize up to $75,000 to do the work.
So I have to agree with you, Commissioner Nance, we do need to
bring in a different firm for this.
COMMISSIONER NANCE: You will take note also on their
website it indicates the website hosting is included in this fee for June
to September, 2013. Well, what happens in September, 2013, are we
back for another change order? Or what's going to happen with that?
MR. REGISTER: Is that a question, Commissioner?
COMMISSIONER NANCE: That's a question.
MR. REGISTER: That's a question that is going to be responded
to when we develop our agreement with our public/private partner,
which we already have gotten additional direction today to proceed in
that fashion. And that agency will have full-time marketing staff in
place. And whether or not they have a full-time web staff hosting
capacity in personnel remains to be seen, but they certainly will be
handling that function on a day-to-day basis. And we're expecting that
to be put into place if not in September, very shortly after that.
COMMISSIONER NANCE: Well, I look forward to seeing
some of the bricks and mortar on the content of what's going to be on
this website.
CHAIRWOMAN HILLER: Commissioner Henning, would you
like to comment?
COMMISSIONER FIALA: No, thanks.
CHAIRWOMAN HILLER: Commissioner Fiala, would you like
to comment?
COMMISSIONER FIALA: No, thank you.
CHAIRWOMAN HILLER: Okay. There being no further
discussion, what is -- I'm sorry, what's your motion? Are you going to
make a motion?
COMMISSIONER NANCE: I will make a motion that we direct
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July 9, 2013
the County Manager and Mr. Register to create an RFP to go out and
locate another service provider to engage marketing for the Office of
Business and Economic Development.
CHAIRWOMAN HILLER: And if you could add to that, you
know, outside of the local market and at a high caliber --
COMMISSIONER NANCE: Well, I think we need to look in
areas that have been very successful in doing this. If I was to say
where to go looking, I'd go to Texas and I'd find somebody in the
Austin market or the Houston market or somebody that's got some of
the really current flashy stuff under their belt that knows what to do
and has got some notches in their gun.
CHAIRWOMAN HILLER: I would agree. Because my concern
with purchasing is they send out RFPs to a list that includes Leo's Sod,
you know, and that's not what we want. We want to target a market, if
we're going to put out an RFP, to communities that have the kind of
talent or to firms that have the kind of talent that we're looking for. So
I'll second that.
COMMISSIONER NANCE: That's my motion.
CHAIRWOMAN HILLER: Okay, there being no further
discussion, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes, I voted for.
CHAIRWOMAN HILLER: So then carries 4-0 with
Commissioner Coyle being absent.
MR. REGISTER: Thank you, Commissioners.
CHAIRWOMAN HILLER: Thank you.
And now we're on to comments. Do we have any public
speakers under communications?
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July 9, 2013
MR. MILLER: No, we -- no.
CHAIRWOMAN HILLER: I think that School Board Member
Curatolo has a sign-in sheet.
MR. OCHS: For what item?
MR. MILLER: This is staff communication.
MR. OCHS: This is staff communication.
CHAIRWOMAN HILLER: She wanted to comment. Not on
staff communication but on what the Board is going to say -- on what
I'm going to say.
COMMISSIONER HENNING: Okay. I would hope that the
school board would allow communications of the public.
CHAIRWOMAN HILLER: That's an interesting -- they don't
allow that?
COMMISSIONER HENNING: Well, from what I'm hearing
from constituents on items that they want to talk about, they've been
shot down.
CHAIRWOMAN HILLER: Really?
Well, you heard it. Take note. Make it happen. All right, Leo?
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Commissioner, I have a couple of items here. In
your agenda packet under 15, I had a proposed workshop schedule for
the balance of the calendar year. You'll note there's no workshop
proposed for the month of September because you do have a budget
workshop the first Thursday. September 5th will be your first board
meeting when you get back in September. It's an evening meeting on
Thursday, September 5th for your first of two public budget hearings,
so I'm not proposing that you come back on the 3rd and start with a
workshop.
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So if you want to start in October and work through the rest of
the year on these topics, I'm looking for some endorsement from the
Board at this point on whether or not this is something that you want
to proceed with.
CHAIRWOMAN HILLER: Yeah, it looks very reasonable.
Doesn't look like you're overloading any single meeting. I mean, it's
good and it's timely.
Any comment by the board?
COMMISSIONER FIALA: I have no problem with it. I think
it's great.
CHAIRWOMAN HILLER: Yeah, I do too.
COMMISSIONER NANCE: I think it's good, Mr. Ochs. I think
you shifted some things in a very wise fashion to give us a chance to
get back up to speed after the budget work.
I will take note that the county landscape program design
standards have been moved from the September 3rd meeting to
November 5th. And I think that's a very good thing, because there are
actually a number of people from the University of Florida that would
like to be engaged and I think it will be very helpful.
And I also appreciate the discussions I've had with you and Mr.
Casalanguida regarding some of the bid processes to try to achieve
better results and reduce costs and make everything better in the
existing maintenance of the landscape program. So I thank you for
that.
MR. OCHS: Thank you, Commissioners.
The other item I have is a calendaring item, again, just for Board
endorsement. Your past practice, at least the last several years, is to
conduct only one board meeting in both November and December.
And I'm again just checking with the Board to see if that's the intent of
the Board again this year.
COMMISSIONER HENNING: I'm open to meeting as much as
necessary.
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COMMISSIONER FIALA: I second that. While I know it's not
a motion, but I agree.
CHAIRWOMAN HILLER: Yes, I mean --
MR. OCHS: Well, your November schedule, just so you have it
in front of you, it's on the visualizer, Commissioner Fiala. But if you
meet as normally scheduled in November, then you'll meet on
November the 12th. You'll have a workshop on November 5th, you'll
have a Board meeting on the 12th and then you'll have another board
meeting on the 26th of November.
COMMISSIONER FIALA: Leo, didn't we used to have -- didn't
we used to move November to the first and third Tuesday?
MR. OCHS: Well, that is an option, except you have now a
workshop placeholder for the first Tuesday of every month,
Commissioner, and you just agreed to hold a workshop on the 5th of
September (sic), so --
CHAIRWOMAN HILLER: Well, we could -- so do you want
two meetings in November?
MR. OCHS: It's up to the Commissioners. You haven't done that
over the last several years, but I'm just --
CHAIRWOMAN HILLER: Well, why don't we have the
workshop, then have it on the 12th. If needed, you know, we could
decide on the 12th to have it on the 26th, if there's any reason. But, I
mean, the alternative would be to switch the workshop and the Board
meetings and do what Commissioner Fiala recommended and have a
board meeting on the 5th, have the workshop on the 12th and then
have a Board meeting on the 19th and leave that last week open
because there are so many events that we're called to attend during
that Thanksgiving week. You know, we're --
MR. OCHS: Right.
CHAIRWOMAN HILLER: So I'm just -- that's the alternative.
If you want two meetings, that would be the best way to do it, do it on
the 5th and the 19th with the 12th being a workshop, or alternatively,
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you know, leave the workshop on the 5th and have a meeting in the
middle of the month on the 12th and not have any other meeting.
COMMISSIONER NANCE: Mr. Ochs, can we look at
December and see how that would follow up if we were to have one
on the 19th?
CHAIRWOMAN HILLER: And really a lot depends on you,
Leo. Because if you feel that we need to have two meetings to process
the volume of work, then, you know --
COMMISSIONER HENNING: We should just leave it up to the
County Manager.
CHAIRWOMAN HILLER: Yeah, I think so too.
MR. OCHS: I'm fine with one meeting. But the last time we
talked about that --
CHAIRWOMAN HILLER: Everybody was very happy with
you. We thought you were great.
MR. OCHS: We'll keep it at one meeting in November and one
in December.
CHAIRWOMAN HILLER: Right. And then just do it as you're
proposing.
MR. OCHS: Very good. Thank you.
That's all I have, Madam Chair.
CHAIRWOMAN HILLER: And you can always change it if
something -- as Commissioner Henning said, we're always available.
So if you need us, we'll be there.
County Attorney?
MR. KLATZKOW: Yes. As you know, I had sent you an email
yesterday with respect to Quality Enterprises, they have an ongoing
dispute with Collier County. This has been before the Board before,
this issue.
As I had mentioned in my email to you, we have a court ordered
mediation requirement with a deadline of August 9th. I've been
having very recent conversations with counsel for Quality Enterprises.
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With your permission, I'd like to attend that mediation on behalf
of the county, see if we can't come to some accord. I've got some
issues with the USDA that will need to be taken care of. But between
now and your September break, hopefully we can move in that
direction and with luck get this thing put behind us.
CHAIRWOMAN HILLER: I think we make a motion to direct
the County Attorney to attend the mediation and bring back, you
know, whatever is proposed if a settlement is achieved back to the
Board.
COMMISSIONER HENNING: Second.
COMMISSIONER FIALA: I agree and I'll second that motion.
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries.
MR. KLATZKOW: Thank you, Commissioners.
CHAIRWOMAN HILLER: Is that it?
MR. KLATZKOW: That's it.
COMMISSIONER NANCE: Well, you did well with the Mamie
Street thing. Maybe the lightning will strike twice and -- you know.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Couple things. The Great Lake
dredging bid, I don't believe that we denied it. I think we need to
make a motion to deny --
CHAIRWOMAN HILLER: Yeah you're right. Very true.
COMMISSIONER HENNING: -- the dredge for Great Lakes.
So I'll make that motion.
CHAIRWOMAN HILLER: I'll second it.
Any discussion?
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(No response.)
CHAIRWOMAN HILLER: There being no discussion, all in
favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
COMMISSIONER HENNING: The second thing, I want to
report an observation that I had last Thursday on Fifth Avenue, Troy.
There's a little panhandler on Fifth Avenue and was approached by
one of the county vehicles. Do you have that photo?
MR. MILLER: Oh, yes, yes. I'm sorry, sir, I was confused.
COMMISSIONER HENNING: And to my understanding the
county employee said no, we're going to treat you equally, just like
everybody else, and Troy's going to show that photo.
There he is.
COMMISSIONER NANCE: That was, I believe -- Gail and I
are kind of veteran parade people --
CHAIRWOMAN HILLER: That's funny.
COMMISSIONER NANCE: -- over the past couple of years.
And I think that was the most widely attended parade I've been in,
actually. It was -- I think people were stuck inside for about two
weeks with the rain and there was tremendous crowds, people were
feeling good standing in the street.
CHAIRWOMAN HILLER: I hate to say this. I mean, I really
hate it say this. But Flanagan looks like Coyle. When I first looked --
COMMISSIONER HENNING: No.
CHAIRWOMAN HILLER: -- in that window. I know I hate to
say it. Flanagan, forgive me, I know you're watching. I'm just tell
you --
COMMISSIONER NANCE: He'll be slipping through the door
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here in a minute.
COMMISSIONER HENNING: He's smiling. Can't you see him
smiling?
CHAIRWOMAN HILLER: Oh, God, I'm so sorry, that's the
giveaway. Forgive me. That's a great picture. That's so funny. That's
very cute.
COMMISSIONER HENNING: That's all I have.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes, I just wanted to mention one
thing. We had -- didn't have the heart to bring this up this morning
because we had so many heart-wrenching things that happened, but I
really wanted to bring to everybody's attention the tragedy, if they
haven't seen already on TV, that they had in Prescott, Arizona with the
firefighters that got caught by that windblown fire out there. And that's
one of those instances where they lost 200 homes.
I'm very excited to say that I am trying to work very closely with
staff and staff has been very generous in their thinking of trying to
make sure that we develop a program in the eastern part of the county
to make sure that we have some firefighting water and some tools
available so that we don't let that sort of a tragedy happen in Collier
County. It's nearly happened several times in the past. The last one
was the one they called the slope fire which just in the nick of time
Golden Gate Fire and Rescue District was able to put it. But it's a
very real possibility that we could have a windblown fire here at home
where we could lose a couple hundred homes and lose some peoples
lives out in the Estates. There's 150 square miles of pretty wild and
wooly property out there and a great deal of it has not burned in a
very, very long time. So we've got a lot of fuel. And hopefully we're
gaining some education ground with our residents.
But staff, particularly Dr. George Yilmaz there who's with public
utilities has been working very hard to try to get us a position so that
we can have some interlocal agreements between the City of Naples
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and our utilities to make some raw water available to our firefighters
out there and continue to work in the right direction.
So I thank them and give them all the credit in the world for
working on this, which is a very, very important topic. We don't want
to get caught having this conversation having had a tragedy like that.
And I'm worried about it, and I'll be happy in a couple of years when
we really get some of this under our belt. Thank you.
CHAIRWOMAN HILLER: I have just a few housecleaning
items. The first is when we had our budget workshop we directed
staff to consider a number of issues and bring back different
recommendations on policy, and the Board can't direct staff or make
policy decisions during a workshop. So what I'm going to do is just
list out those things that we discussed and make a motion to approve
to formalize what we have already agreed to so that there isn't any
question on -- in staffs mind or the public's mind.
The first thing -- and this is not in order of discussion, but one of
the things that we directed staff to do was to look into the status on the
mitigation banking to see where those mitigation credits could offset
any potential costs that we had budgeted for credits and potentially
result in a cash savings to us, since we have those banks.
The other thing we directed staff to do is to look into our external
borrowing policy since interest rates are rising. Mark Isackson has
done an outstanding job in reducing our debt and refinancing debt to
the lowest possible rate. The question is now how much more should
we be paying off or should we hold on to our low cost debt in light of
potentially future higher cost of borrowing.
And we recommended that, you know, we consult with our
public finance advisers externally, as well as our finance committee
internally.
The next thing that we directed staff to do was look at our fixed
asset purchasing decisions from the standpoint of whether we should
purchase those assets outright, whether we should lease those assets,
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whether we should consider short-term financing for those assets or
long-term financing. And those capital asset acquisition decisions,
those capital budgeting decisions, need to be reviewed with respect to
the about $10 million that we were planning on expending this year in
fixed assets. And obviously taking into consideration such things as
obsolescence as one of the factors. Go ahead.
COMMISSIONER HENNING: It's always been our rule that we
can give direction in a workshop. We can't take official action in a
workshop. Am I correct, Jeff?
CHAIRWOMAN HILLER: Okay. I thought it was not. I didn't
think --
MR. KLATZKOW: Yes, that's correct.
CHAIRWOMAN HILLER: Is it?
COMMISSIONER HENNING: Just no votes, right?
MR. KLATZKOW: Yes. We usually say give a nod so we get
three nods, that's enough for the County Manager and me to take
action.
CHAIRWOMAN HILLER: Well, we'll memorialize it now
anyway.
And then the last thing was to have staff bring back a
recommendation for the reserve policies for the different divisions and
for the general fund as a whole.
And I just wanted to make a comment as to that. There's a new
development that has come to my attention with respect to the reserve
policy that I'd like to -- and I brought this to Leo's attention and he's
understanding and agreeable to it.
What I found out as a result of talking to the Superintendent of
Schools, Kamela Patton, as well as to Chief Bloom of the Sheriff s
Office is that we actually don't have all our elementary schools staffed
with a deputy at this time.
And what we did, and you all know what happened with Sandy
Hook and, you know, the tragedy there. And our commitment to have
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the appropriate level of public safety in our public school system.
What the Sheriffs Office did is they actually -- where in the past
had two deputies per high school, we shifted one deputy to cover the
middle and elementary schools where they weren't covered before.
The problem we have is now the high schools only have one deputy
apiece and we have four elementary schools that have no coverage.
So it may work --
COMMISSIONER HENNING: Do you realize what the school
board's -- their budget is?
CHAIRWOMAN HILLER: Yeah, but I think --
COMMISSIONER HENNING: It's astronomical. Do you know
how much they spend per student? It's the highest in the State of
Florida. I think it's up to $14,000 per student. And it's been the
highest in the State of Florida for decades.
CHAIRWOMAN HILLER: Well, can I -- I'm hearing what
you're saying, but let me ask a question. First a legal question. Aren't
we required to provide that public safety component.
COMMISSIONER HENNING: That's the Sheriff.
CHAIRWOMAN HILLER: But we support his budget. So
here's my proposal --
COMMISSIONER HENNING: No, the school board, that's the
school board has been doing that. This came up --
CHAIRWOMAN HILLER: The school board is funding it?
Kathy, do you want to step up? I don't think so. I think we have
to provide, and we are providing it.
COMMISSIONER NANCE: Mrs. Nance is available.
CHAIRWOMAN HILLER: Kathy, come up here.
MS. CURATOLO: I can't speak on behalf of the school board.
CHAIRWOMAN HILLER: No, can you answer some questions
for us? Just give us technical information.
COMMISSIONER NANCE: She's actually meaner than she
looks.
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CHAIRWOMAN HILLER: Are you really meaner than you
look.
COMMISSIONER NANCE: No, Mrs. Nance.
CHAIRWOMAN HILLER: Oh, Mrs. Nance is meaner than she
looks? I thought you were talking about --
MS. CURATOLO: I believe it's funded through the Sheriffs
Department.
CHAIRWOMAN HILLER: So here's -- that's my understanding
also. And I think it's our obligation to provide that.
COMMISSIONER HENNING: No.
MR. OCHS: No, ma'am.
COMMISSIONER HENNING: No.
CHAIRWOMAN HILLER: Well, I don't know. Is it?
COMMISSIONER HENNING: I'm not here to be all to all.
That's the Sheriffs item. You know, let the Sheriff handle that.
CHAIRWOMAN HILLER: Well, wait a minute, let me explain.
We fund the Sheriffs budget, right? So all I'm saying is we don't
have the coverage in the public schools that we necessarily should
have.
COMMISSIONER HENNING: Then we should be making
decisions that affect our students too. If we're going to do this, then we
need to effect all the decisions that affect our students.
CHAIRWOMAN HILLER: But let me --
MS. CURATOLO: I'm going to let you speak because I cannot
speak on behalf of the school board.
CHAIRWOMAN HILLER: That's fine. And we don't expect
you to. Let me make my point and then you can oppose it if you don't
like it.
We fund the Sheriffs budget. The Sheriff has agreed not to
increase his budget. However, there is an issue if it is the Sheriffs
obligation to provide public safety for the schools, that there are
schools that don't have coverage.
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Now, I will tell you right now the Sheriffs Office is having a
very difficult time recruiting people. So I don't think that they've got
anyone waiting in the pipeline to fill these positions, which is another
problem that we have in our community.
I don't want to see the budget increased. What I would like to see
is in consideration of this reserve policy -- I mean, if we can set aside
a million dollars for a reserve for pollution control. What I would like
to see is just in that general fund a million dollars for what would be
10 deputies, if needed, if even considered, just marked as a reserve for
public safety. And again, none of that would be spent without Board
approval. So if you don't want to spend it if the Sheriff comes
forward, you vote no on the expenditure.
But I think it's really important that we set up a public safety
reserve line item to that extent. Because I don't want to see this turn
into a problem and we haven't provided for that contingency.
So I'm not saying we increase the Sheriffs budget. I'm saying
that within the general fund -- and legally the Sheriff can't have a
reserve account within his own budget and we fund him 100 percent.
COMMISSIONER HENNING: He has to have a reserve.
CHAIRWOMAN HILLER: No.
COMMISSIONER HENNING: He has to.
MR. OCHS: His reserves are part of your general fund reserves,
Commissioner. As are the other constitutionals. So if they to go to
reserves, they have to come to you.
CHAIRWOMAN HILLER: But the reserve is not within our
general reserves. We have never segregated the Sheriffs reserve out
of that general reserve pool.
If you look at the Sheriffs budget, he doesn't have within his
budget -- like for example, if you go to -- Dr. Yilmez has a department
called pollution control. And it will have, you know, its operating and
personnel expenses and it will have a reserve line item and it will
specify what that amount is.
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We don't have anything similar within the Sheriffs budget
because it's included in this overall pool.
So all I'm asking is that we set aside within that general fund
reserve a line item called Sheriff reserve for a million dollars for
potential personnel needs like this shortfall in the schooling. And if
we don't want to fund the school, fine, we don't do it. But at least we
have a contingency set up for public safety. I don't want there to be
some sort of a tragedy and for whatever reason, whether it's in
schooling or some other public safety arena and we need cops, we
can't hire them.
COMMISSIONER HENNING: Well, that's already in there.
That's already in the reserves. If we have an emergency, just like a
hurricane, those monies are expended to pay for salaries for deputies
to be out there.
CHAIRWOMAN HILLER: Can we --
COMMISSIONER HENNING: You know how much a million
dollars -- how many roads we can repave in Golden Gate Estates with
a million dollars?
CHAIRWOMAN HILLER: Do you know how many children's
lives we need to save and protect.
COMMISSIONER NANCE: Wait a second. You have to
realize, ladies and gentlemen, that the Collier County School District
budget is larger than ours.
COMMISSIONER HENNING: Huge.
COMMISSIONER NANCE: And they are responsible for their
security at their facilities. I would be anxious to know what their
commitment is. I know they're making plans for enhanced security.
Certainly we have to be able to provide first response for some sort of
a tragedy. But, I mean, on-site security is squarely in their camp.
And I know they have cooperative relationships providing
dwellings and sites for Sheriffs deputies to live within their facilities.
You know, they've got a good synergistic thing to do that. But I don't
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think it should be the county's initiative to define what sort of security
the school district is going to have. They certainly have got -- they've
got more resources than we do in actuality. I mean, those --
COMMISSIONER FIALA: I agree with you.
CHAIRWOMAN HILLER: So are you saying that the Sheriff s
Department -- I'm sorry, that the Sheriff of Collier County should not
have deputies on-site at the schools? I just want to make --
COMMISSIONER NANCE: No, I think they should. I think the
school district should pay for it.
COMMISSIONER FIALA: Can we just for a minute step back
and say how much of our tax dollars, how much goes to the school
system. What is that, 50 percent, 52 percent?
COMMISSIONER HENNING: Correct.
COMMISSIONER FIALA: Okay. And then from the county's
percentage, we get 29 percent of the remaining. And of that that's split
between all five constitutional officers, right?
COMMISSIONER HENNING: Half of it goes to the Sheriff.
COMMISSIONER FIALA: Okay. And so now we pay the
sheriff and we've tried to keep him fully staffed and to protect the
safety of our whole community. But I don't know where the school
board divides their 50 percent. Wouldn't they want to take a little bit
more to protect the kids in their schools and their teachers? I think
that the school board should be paying this expense. I shouldn't -- I
don't want to say it that way. Should be providing this service, safety
service to our children to their school principals and their teachers. I
don't think that's our responsibility.
CHAIRWOMAN HILLER: Let me understand, because, you
know, you're raising interesting questions here.
Does the Sheriff have a legal obligation to provide public safety
for the public school system? And maybe I need to direct the question
to --
MR. OCHS: I don't know that --
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CHAIRWOMAN HILLER: -- the --
MR. OCHS: Let me tell you what I know. The Sheriff has
staffed a youth relations division of the Sheriffs Office for years to
provide youth relation deputies in certain schools.
CHAIRWOMAN HILLER: In all the schools. Well, except the
lower schools.
MR. OCHS: And he does -- and he funds that either wholly or in
part from his annual budget --
CHAIRWOMAN HILLER: Correct.
MR. OCHS: -- that this Board approves. So he came forward in
his workshop, presented his budget, told you what he needed, and
that's all I know in terms of what his commitment or his needs are at
this point.
CHAIRWOMAN HILLER: Well, again, I spoke to the Sheriff, I
spoke to Chief Bloom, I spoke to Kamela and there is this issue that's
open and I think they were hoping they could make due because the
directive from the Board was don't do more. Well, it may work. But
again, we're talking about the public safety of children in the school
system, and I think back to Sandy Hook. Now, you know,we've cut
back the youth relations deputies in the high schools where I think
they're very much needed, and we have four elementary schools, as I
understand, that aren't covered. I don't know the legality of the
obligation.
MR. KLATZKOW: Commissioner, there's an entire statutory
scheme that's just devoted to the school system. I am not all that
familiar with it.
Give my office a couple weeks and I'll give you a response as to
who's primarily responsible for security in the schools. My guess is
that it's the school board's primary responsibility. And if it's a money
issue --
CHAIRWOMAN HILLER: Well, then I guess my question is, if
it is a money issue, then why are we -- I mean, if it is the school
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board's obligation, then the question is why are we funding the
deputies in the schools, and why isn't the school paying the Sheriff?
And why isn't part of the Sheriffs budget being funded by the school
board, and why isn't our allocation staying the same going to increase
the deputies on the force overall, because quite frankly they are
suffering from a shortfall. And like I said, they're trying to maintain.
But I know and I've been working with the Sheriffs Office for, oh,
close to a decade now analyzing their numbers and working with them
on staffing. I worked with Sheriff Hunter when I sat on Productivity
on those issues.
So I'm very sensitive to that. And I'm very sensitive to public
safety. So maybe the Sheriff should be getting money from the school
board for those deputies, and maybe the budget should stay the same
and they can use the monies that we've awarded them to, you know,
do what they need to do with bringing in detectives and patrol and
SWAT and these other guys where we're short right now.
COMMISSIONER NANCE: Madam Chair, did not the school
board just turn that question down? Didn't they examine the
opportunity to have a deputy in each and every school? I think they --
did they not address that issue?
CHAIRWOMAN HILLER: I spoke to Kamela and they have a
shortfall. But again, the limit was the budget and the employment
problem that's out in the market. So what I'm saying is we don't spend
the money, we don't change the budget. But if it is our legal
obligation to do it, we identify a reserve earmarked in the name of
public safety that if the need arises, if they need, you know, a deputy
for a school, that they can come forward. We can deny it if we
choose. But at least we've earmarked the reserve, just like we earmark
all the other reserves for specific reasons.
COMMISSIONER FIALA: Could we find out how much
they've set aside for safety in their schools?
CHAIRWOMAN HILLER: Well, I think we need to have the --
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I think your question is a valid one, Commissioner Fiala, because --
and we're going to have the County Attorney research what our legal
obligation is with respect to providing, you know, deputy presence on
these campuses.
COMMISSIONER FIALA: Yes, and I think -- I think once we
learn how much they've set aside for safety in the schools and if
indeed they have not, then that's something that their school board
better loosen up the strings on, because it's extremely important to
protect those kids in school.
CHAIRWOMAN HILLER: Oh, it's critical. But again, I don't
know if we don't have that legal obligation. If we through the Sheriffs
Office have that legal obligation, then we need to perform. And the
way to perform is by setting up that reserve in the event of the need.
So if you could come back and when you bring that policy back,
Leo, work with the County Attorney on that issue.
MR. OCHS: Okay.
CHAIRWOMAN HILLER: We've got to protect the kids,
whether it's the school board or the Board of County Commissioners.
They need protection.
Guess what? We're done.
Oh, yeah, Commissioner Fiala, you want to say something? I
forgot about you. Out of sight, out of mind.
What?
COMMISSIONER FIALA: I'm just kidding. I said I'm glad you
didn't forget me. All I want to say is have a good summer.
CHAIRWOMAN HILLER: Right, I was going to say the same.
Everyone have a --
COMMISSIONER NANCE: Where are you, ma'am? Are you in
Ohio?
COMMISSIONER FIALA: I'm in Ohio with some Amish
people.
CHAIRWOMAN HILLER: That's awesome.
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July 9, 2013
COMMISSIONER NANCE: Well have some Shoofly pie and
thank you for your attending by phone.
CHAIRWOMAN HILLER: Leo, thank you so much for all
you've done through this year through our very special government
year, which doesn't go by everybody else's year. It's like the Chinese
New Year, you know.
MR. OCHS: That's right.
CHAIRWOMAN HILLER: We have our own new year.
MR. OCHS: That's right.
CHAIRWOMAN HILLER: So thank you for everything you've
done over this last year --
MR. OCHS: You're welcome.
CHAIRWOMAN HILLER: -- it's really been tremendous. And,
you know, with your new leadership, you've done an outstanding job.
MR. OCHS: Thank you.
CHAIRWOMAN HILLER: And we appreciate your efforts.
MR. OCHS: Look forward to seeing you all on September 5th.
CHAIRWOMAN HILLER: Absolutely.
And County Attorney, the very same. You've done a yeoman's
job settling all these cases that were costing us millions and, you
know, keeping us out of trouble and happy.
MR. KLATZKOW: Have a great summer.
CHAIRWOMAN HILLER: Yeah, have a fabulous summer.
And really enjoy it. Don't spend all your money in Vegas, Leo.
MR. OCHS: No, ma'am.
COMMISSIONER NANCE: Is there a big wrecking ball going
to hit our offices now, Mr. Ochs tomorrow? Is that what's going to
happen?
MR. OCHS: Yes, sir. You're going to be under construction for
a few weeks, and it will look spic-and-span when you get back.
CHAIRWOMAN HILLER: I hate to say this, but I actually was
thinking we really should have our offices in the courthouse annex.
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July 9, 2013
MR. OCHS: I'll let you take that up with Mr. Brock.
CHAIRWOMAN HILLER: Well, my idea was that we move
him out of his offices. He can have those little back offices there and
we'll just take his over.
COMMISSIONER NANCE: I'll let you deal with that.
CHAIRWOMAN HILLER: What's wrong with that picture?
Hey, happy summer everybody.
COMMISSIONER NANCE: Motion to adjourn.
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: We're adjourned for quite some
time.
*****
**** Commissioner Nance moved, seconded by Commissioner
Henning and carried unanimously that the following items under
the Consent Agenda be approved as amended ****
Item #16A1
CLERK OF COURTS RELEASE OF AN EXCAVATION
PERFORMANCE BOND IN THE AMOUNT OF $35,140 TO
THE PROJECT ENGINEER OR DEVELOPER'S DESIGNATED
AGENT FOR ARTHREX COMMERCE PARK PL20110000783 —
DEVELOPER HAS FULFILLED COMMITMENTS IN RESPECT
TO THE SECURITY POSTED AS A GUARANTY FOR WORK
ASSOCIATED WITH A 4.62 ACRE LAKE ON THE 57 ACRE
Page 205
July 9, 2013
ARTHREX COMMERCE PARK PROPERTY WEST OF THE OIL
WELL ROAD/AVE MARIA BOULEVARD INTERSECTION
Item #16A2
RECORD THE FINAL PLAT OF ESPLANADE AT HACIENDA
LAKES PHASE ONE (PL20120002539) APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY — W/STIPULATIONS
Item #16A3
RECORD THE FINAL PLAT OF CANOPY (PPL-PL20120002575)
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY —
W/STIPULATIONS
Item #16A4
A MEDIATED SETTLEMENT AGREEMENT WITH PROPERTY
OWNER LUIS DEL RISCO AND A STIPULATED FINAL
JUDGMENT THAT WILL BE DRAFTED INCORPORATING
SAME TERMS AND CONDITIONS AS THE MEDIATED
SETTLEMENT AGREEMENT AS TO FULL AND FINAL
COMPENSATION IN THE AMOUNT OF $68,000 AND
ATTORNEY FEES AND EXPERT WITNESS COSTS IN THE
COMBINED AMOUNT OF $38,762 FOR PARCEL 127RDUE IN
THE LAWSUIT STYLED COLLIER COUNTY V. ANNETTE
POCCHI, ET AL. CASE NO. 10-2682-CA (COLLIER
BOULEVARD PROJECT #68056) (FISCAL IMPACT: $52,332) —
Page 206
July 9, 2013
A 10,800 SQUARE FOOT RIGHT OF WAY, DRAINAGE, AND
UTILITY EASEMENT TAKEN FROM THE FRONT OF A 2.73
PROPERTY ON WHITE BOULEVARD THAT INCLUDED A
4-FOOT WALL, PINE & PALM TREES, BUSHES AND SOD
Item #16A5
RESOLUTION 2013-150: DECLARING A PUBLIC HEARING
SEPTEMBER 10, 2013 TO CONSIDER VACATING A PORTION
OF A 10-FOOT UTILITY EASEMENT LOCATED ON LOT 48,
ROYAL COVE, AS RECORDED IN PLAT BOOK 8, PAGE 13 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN
SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FL (PETITION AVPLAT-PL20130000978)
Item #16A6
RELEASE OF A UTILITY PERFORMANCE SECURITY AND
FINAL OBLIGATION BOND IN THE AMOUNT OF $6,571.80 TO
THE PROJECT ENGINEER OR DEVELOPER'S DESIGNATED
AGENT FOR THE ROOKERY AT MARCO STARTER HUT,
PL20110002788 — THE DEVELOPER HAS FULFILLED THEIR
COMMITMENT IN RESPECT TO THE SECURITY THAT WAS
POSTED AS A GUARANTY ASSOCIATED WITH A UTILITY
FACILITY FOR A PRIVATE PROJECT AT THE ROOKERY
Item #16A7
A BUDGET AMENDMENT IN THE AMOUNT OF $16,797.11 TO
RECOGNIZE AND APPROPRIATE REVENUE FOR TRAFFIC
ACCIDENT REIMBURSEMENTS IN LANDSCAPE FUND (112)
PROJECT #60076.1 (TRAFFIC ACCIDENTS AND TURNLANES)
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July 9, 2013
— A PORTION OF FUNDS WILL BE USED TO OFFSET $11,000
SPENT THIS YEAR TO REPLACE PLANTS, REPAIR/REPLACE
IRRIGATION PARTS AND OTHER RIGHT OF WAY DAMAGE
INTENDED TO BE SPENT ON LANDSCAPE MAINTENANCE
Item #16A8
RECORDING THE VERONAWALK TOWNHOMES FINAL
PLAT, PHASE TWO REPLAT (PETITION FP-PL20130000629) —
DEVELOPER MUST RECEIVE A CERTIFICATE OF
ADEQUATE PUBLIC FACILITIES PRIOR TO ISSUANCE OF A
CONSTRUCTION PLAN FINAL APPROVAL LETTER
Item #16A9
RECORDING THE NAPLES RESERVE FINAL PLAT, PHASE I
(PPL-PL20120002540) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY — W/STIPULATIONS
Item #16A10
REQUEST FOR PROPOSAL (RFP) #13-6062, ANNUAL
CONTRACT FOR LANDSCAPE MAINTENANCE VENDORS,
AND AUTHORIZING THE CHAIRWOMAN TO SIGN
CONTRACTS WITH FLORIDA LAND MAINTENANCE, INC.,
HANNULA LANDSCAPING AND IRRIGATION, INC., LEO JR.
LAWN AND IRRIGATION SERVICES, LLC AND SIGNATURE
TREE CARE LLC. — ONE (1) YEAR CONTRACTS W/OPTION
TO RENEW THREE (3) ADDITIONAL 1-YEAR PERIODS
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July 9, 2013
Item #16A 11
RESOLUTION 2013-151: DECLARING A SEPTEMBER 10, 2013
PUBLIC HEARING TO CONSIDER VACATING A 15-FOOT
WATER EASEMENT RECORDED IN OFFICIAL RECORD
BOOK 1543, PAGE 1026, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, ALSO BEING A PART OF SECTION 1,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA (PETITION VAC-PL20130001023)
Item #16Al2
RESOLUTION 2013-152: DECLARING A SEPTEMBER 10, 2013
PUBLIC HEARING TO CONSIDER VACATING A PORTION OF
A 10-FOOT DRAINAGE EASEMENT, BEING A PART OF LOTS
2, 3 AND 4, LELY BAREFOOT BEACH, UNIT TWO,
RECORDED IN PLAT BOOK 15, PAGES 71 THROUGH 72 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
ALSO BEING PART OF SECTION 6, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FL (PETITION VAC-
PL20130000419)
Item #16A13 - Withdrawn (Per Agenda Change Sheet)
RECOMMENDATION TO ACKNOWLEDGE AND ALLOW THE
OWNERS 2210 VANDERBILT BEACH ROAD, LLC TO
PROCEED WITH ALTERATIONS, AT THEIR OWN RISK, ON
EXISTING NON-CONFORMING SIGNS ON PROPERTY FOR
NEW TENANTS, WHILE SEEKING A VARIANCE FROM
EXISTING SIGN REGULATIONS — THIS ALLOWS SIGNS TO
BE PLACED ON THE BUILDING WHILE THE VARIANCE
APPLICATION IS PROCESSED WITH OWNERS ASSUMING
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July 9, 2013
ALL RISK AND UNDERSTANDING IF DENIED THEY MUST
COMPLY WITH CURRENT LDC REGULATIONS
Item #16A14
CHAIRWOMAN TO SIGN AN AGREEMENT BETWEEN
COLLIER COUNTY AND THE WYNDEMERE HOMEOWNER'S
ASSOCIATION PERMITTING IMPROVEMENTS WITHIN A
COUNTY RIGHT-OF-WAY & ASSURING THE COMMUNITY
WILL MAINTAIN IMPROVEMENTS IN ACCORDANCE WITH
PROVISIONS OF THE AGREEMENT — WYNDEMERE HAS
REQUESTED $5,000 OF IN-KIND SERVICES AND MATERIALS
TO HELP SUBSIDIZE IMPROVEMENTS AND IN RETURN
THEY WILL TAKE FULL RESPONSIBILITY FOR ON-GOING
MAINTENANCE OF A .71 ACRE STRIP OF LAND BETWEEN
THE SIDEWALK AND ROADWAY WEST OF PROPERTY ON
THE EAST SIDE OF LIVINGSTON ROAD
Item #16A15
RESOLUTION 2013-153: SUPERSEDING RESOLUTION 2013-06
TO ESTABLISH COLLIER COUNTY GROWTH MANAGEMENT
DIVISION/PLANNING AND REGULATION FEE SCHEDULE
FOR DEVELOPMENT-RELATED REVIEW AND PROCESSING
FEES PURSUANT TO SECTION 2-11 OF THE COLLIER
COUNTY ADMINISTRATIVE CODE
Item #16A16
A BUDGET AMENDMENT IN THE AMOUNT OF $80,000 TO
SUPPORT THE FY13 BUDGET ESTABLISHED FOR THE
OFFICE OF THE HEARING EXAMINER — TO COVER THE
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July 9, 2013
EXPENSES FOR THE LAST FOUR MONTHS OF FY 13
Item #16A17
PRIORITIZING THE FIRST 5 LIMEROCK ROADS FOR
CONVERSION FROM THE ROAD MAINTENANCE
RESURFACING PROGRAM, ROAD CONSTRUCTION — GAS
TAX FUND 313 (PROJECT NO. 60128) AND GULF AMERICAN
CORPORATION (GAC) TRUST ROAD FUND 606 FOR THE
REINITIATED LIMEROCK ROAD CONVERSION PROGRAM —
THE FOLLOWING WERE CHOSEN BASED ON COST VS.
NUMBER OF HOMES BENEFITTING VS. LENGTH OF ROAD:
39TH AVE NE ($64,500); 4TH AVE NE ($21,000); 66TH AVE NE
($69,000); 39TH AVE NW ($74,500) & 40TH AVE SE ($47,000)
Item #16A18
RELEASE OF LIEN IN THE AMOUNT OF $40,412.20 FOR
PAYMENT OF $562.20, IN CODE ENFORCEMENT ACTION
ENTITLED BOARD OF COUNTY COMMISSIONERS VS.
LARRY D. SHIPMAN, CODE ENFORCEMENT CASE NUMBER
CENA20 1 1 0007 1 64, RELATING TO PROPERTY AT 4591 PINE
RIDGE ROAD, COLLIER COUNTY, FLORIDA — BASED ON 430
DAYS OF NON-COMPLIANCE FOR REFRIGERATORS, TIRES,
CAR PARTS, CEMENT BLOCK, STONES, BUCKETS, CABLES,
ALUMINUM, WASHER, ETC. WITH PROPERTY BROUGHT
INTO COMPLIANCE BY OWNERS JAMES H. & GENEVIEVE
O'CONNELL ON MARCH 8, 2013
Item #16A19
A COUNTEROFFER OF $150,000 TO THE BUSINESS DAMAGE
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July 9, 2013
CLAIM MADE BY CIRCLE K STORES, INC. FOR PARCELS
108FEE, 108TCE 1 AND 108TCE2 IN THE LAWSUIT STYLED
COLLIER COUNTY V. H & V REALTY, ET AL, CASE NO. 13-
CA-461 (U.S. 41/COLLIER BOULEVARD PROJECT NO. 60116)
(FISCAL IMPACT: $150,000) — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16A20
A COUNTEROFFER OF $350,000 TO THE BUSINESS DAMAGE
CLAIM MADE BY HOLIDAY CVS, LLC, FOR PARCELS
116FEE, 116TCE1, 116TCE2 AND 116TC3 IN THE LAWSUIT
STYLED COLLIER COUNTY V. RTG, ET AL, CASE NO. 13-CA-
259 (U.S. 41/COLLIER BOULEVARD PROJECT NO. 60116)
(FISCAL IMPACT: $350,000) — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16A21
DIRECTING THE COUNTY MANAGER TO PREPARE AN
AMENDMENT TO ORDINANCE NUMBER 2009-22 TO
EXTEND THE STATE OF LOCAL ECONOMIC EMERGENCY;
TOLLING TO MAY 12, 2014 PUD TIME LIMITS AND TIME
LIMIT EXTENSION REQUIREMENTS AS FOUND IN SECTION
10.02.13.D OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE (LDC) — STAFF BELIEVES EXTENDING THE TOLLING
1-YEAR WILL ALLOW THOSE EXISTING DEVELOPERS
WAITING FOR ADDITIONAL RESIDENTIAL PROJECTS TO
BEGIN TO PROCEED TO THE DEVELOPMENT PHASE
Item #16A22
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July 9, 2013
TO FIND (1) "OPTION 3 ULTIMATE AT GRADE" IN THE
EXECUTIVE SUMMARY FOR INTERSECTION
IMPROVEMENTS AT THE 951/BROKEN BACK ROAD AND
IMMOKALEE ROAD IS CONSISTENT WITH AND FULFILLS A
CONDITION SET FORTH IN THE HERITAGE BAY PUD/DRI
AND ACCOMPANYING DCA AND (2) DIRECT STAFF TO
NEGOTIATE A DEVELOPER AGREEMENT WHICH WOULD
IMPLEMENT OPTION 3, AND BRING BACK A DEVELOPER
AGREEMENT TO THE BOARD TO REVIEW AND APPROVE
THAT WOULD CREATE A PUBLIC/PRIVATE COORDINATED
PLANNING AND CONSTRUCTION CONCEPT FOR
IMPROVEMENTS — AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16A23
RESOLUTION 2013-154: APPOINTING CLARENCE TEARS AS
THE ALTERNATE TO MAYOR SAMMY HAMILTON ON THE
"RESTORE" EVALUATION COMMITTEE TO REPRESENT
EVERGLADES CITY
Item #16B1
REJECT ALL BIDS RECEIVED IN RESPONSE TO INVITATION
TO BID #13-6022 FOR IMMOKALEE MSTU ROADWAY
LANDSCAPE MAINTENANCE — STAFF DETERMINED
ADDITIONAL INFORMATION SHOULD BE INCLUDED IN
THE PROPOSED SCOPE OF SERVICES AND A WILL ISSUE
A MODIFIED SOLICITATION
Item #16C1
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July 9, 2013
INVITATION TO BID #13-6102, NAPLES MANOR PHASE I
WATER MAIN REPLACEMENT WITH KYLE CONSTRUCTION,
INC., FOR $973,090.20 AND AUTHORIZE THE CHAIRWOMAN
TO EXECUTE A COUNTY ATTORNEY APPROVED
CONTRACT — THE SUBDIVISION'S WATER DISTRIBUTION
SYSTEM CONTAINS ASBESTOS AND IS OVER 50 YEARS
OLD PRESENTING THE HIGH RISK FOR FAILURE
Item #16C2
A WORK ORDER UNDER CONTRACT #08-5011-91, IN THE
AMOUNT OF $256,130 WITH HASKINS, INC. FOR
UNDERGROUND UTILITY CONTRACTING SERVICES FOR
WASTEWATER PUMP STATION 312.21, REHAB PROJECT
NUMBER 70046, AND AUTHORIZE A NECESSARY BUDGET
AMENDMENT — TO REPLACE DETERIORATING PIPES AND
ELECTRICAL PANELS THAT SERVE AN AREA NORTHEAST
OF THE TOLLHOUSE DRIVE AND TOLLGATE BOULEVARD
INTERSECTION SOUTH OF I-75
Item #16C3
A WORK ORDER UNDER CONTRACT #08-5011-92 IN THE
AMOUNT OF $399,193.12 WITH QUALITY ENTERPRISES USA,
INC., FOR UNDERGROUND UTILITY CONTRACTING
SERVICES FOR WASTEWATER PUMP STATION 312.24,
REHAB PROJECT NUMBER 70046 AND AUTHORIZE THE
NECESSARY BUDGET AMENDMENT — WITH DEFICIENCIES
INCLUDING LACK OF EMERGENCY POWER, ELECTRICAL
DETERIORATION AND SEVERE CORROSION FOR AREAS
SERVING THE NW CORNER OF TOLLHOUSE DRIVE
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July 9, 2013
Item #16C4
A WORK ORDER UNDER CONTRACT #08-5011-95 IN THE
AMOUNT OF $474,026.50 WITH HASKINS, INC., TO REPLACE
A SANITARY SEWER SYSTEM THAT SERVES THE REGENT
PARK SUBDIVISION, PROJECT NUMBER 70043 — FOR THE
REGENT PARK VILLA I, II, AND III COMMUNITIES
Item #16C5
THREE (3) SEPARATE WORK ORDERS WITH DOUGLAS N.
HIGGINS, INC., UNDER FIXED-TERM UNDERGROUND
UTILITIES CONTRACT #08-5011, FOR THE TOTAL AMOUNT
OF $500,039 TO REPLACE AIR RELEASE VALVES FOR
FORCE MAIN TECHNICAL SUPPORT PROJECT NUMBER
70044 AND AUTHORIZE THE NECESSARY BUDGET
AMENDMENT — AT THREE INDEPENDENT PROJECT AREAS
Item #16C6
A UTILITY EASEMENT AGREEMENT WITH CDC LAND
INVESTMENTS, INC., TO ACCOMMODATE RELOCATION OF
MASTER PUMPING STATION 306.00 FOR A TOTAL COST
NOT TO EXCEED $132,250, PROJECT NUMBER 70050
Item #16C7
UTILITY AND ACCESS EASEMENT AGREEMENTS WITH
COLLIER LAND DEVELOPMENT, INC., AND MINTO SABAL
BAY, LLC, FOR ACQUISITION OF UTILITY EASEMENTS TO
ACCOMMODATE CONSTRUCTION OF A WASTEWATER
FORCE MAIN FOR A TOTAL COST NOT TO EXCEED $18,300,
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July 9, 2013
PROJECT NUMBER 70044
Item #16C8
CONTRACT NEGOTIATIONS WITH JOHNSON ENGINEERING,
INC., FOR REQUEST FOR PROPOSAL #13-6078, "UTILITY
DESIGN ENGINEERING SERVICES U.S. 41 FROM GREENWAY
ROAD TO 6L'S FARM ROAD," PROJECT NO. 70045 AND 73045
Item #16D1
AMENDING DEVELOPER AGREEMENTS WITH HABITAT
FOR HUMANITY OF COLLIER COUNTY, INC. FOR THE
NEIGHBORHOOD STABILIZATION PROGRAM 3 (NSP3);
APPROVE AN AMENDMENT TO THE NSP3 ACTION PLAN TO
ALLOW FOR AN ASSOCIATED DEVELOPER AGREEMENT
CHANGE TO ASSURE 100% GRANT EXPENDITURE; AND
AUTHORIZE A CORRESPONDING BUDGET AMENDMENT —
AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16D2
AUTHORIZING A US DEPARTMENT OF AGRICULTURE
CONTROL OF AGRICULTURAL LAND AGREEMENT FOR
CATTLE MANAGEMENT IMPROVEMENTS AT CARACARA
PRAIRIE PRESERVE — IMPROVING HABITATS OF CATTLE &
WILDLIFE AND FOR NATURAL RESOURCE PROTECTION
WITHIN THE PRESERVE
Item #16D3
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July 9, 2013
AWARDING QUOTE #13-6117R TO FA REMODELING AND
REPAIRS, INC. FOR INSTALLATION OF AUTOMATED GATE
IMPROVEMENTS AT THE CAT FACILITY ON RADIO ROAD
IN THE AMOUNT OF $56,413 — FOR SECURITY UPGRADES
AND TO IMPROVE EFFICIENCY AT THE FACILITY
Item #16D4
EXTENDING CONTRACT #11-5621 "DESIGN FOR THE CAT
PASSENGER TRANSFER FACILITY" WITH ATKINS NORTH
AMERICA, INC., ADDING TIME TO ALLOW FOR FINAL
DESIGN, PERMITTING AND CONSTRUCTION SERVICES —
WITH COMPLETION EXPECTED IN DECEMBER, 2013
Item #16D5 — Moved from Item #17D (Per Agenda Change Sheet)
A BUDGET AMENDMENT TO RECOGNIZE & APPROPRIATE
$128,900 OF UNBUDGETED CARRYFORWARD IN MUSEUM
OPERATING FUND 198 TO INITIATE REPAIRS & ENHANCE
SERVICES AT MUSEUM FACILITIES — FUNDS USED FOR A
LAWSUIT SETTLEMENT, TO RECLASSIFY A POSITION AT
MARCO ISLAND HISTORICAL MUSEUM AND REPAIRS AT
MAIN, NAPLES DEPOT, IMMOKALEE PIONEER AND MARCO
ISLAND MUSEUMS AND BUDGETING $40,000 IN RESERVES
Item #16E1
AWARD BID #13-6089 TO COMPASS CONSTRUCTION, INC.,
IN THE AMOUNT OF $537,388 TO MODIFY AN EXISTING
BUILDING AT PORT OF THE ISLANDS MARINA TO
ACCOMMODATE OCHOPEE FIRE DISTRICT STATION #61,
PROJECT #50069 AND AUTHORIZE THE CHAIRWOMAN TO
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July 9, 2013
EXECUTE THE COUNTY ATTORNEY APPROVED CONTRACT
Item #16E2
ADDITIONS, DELETIONS, AND RECLASSIFICATIONS TO
FISCAL YEAR 2013 PAY & CLASSIFICATION PLAN MADE
BETWEEN APRIL 1, 2013 AND JUNE 30, 2013 — ADDING A
NEW CLASSIFICATION, RECLASSIFYING THREE POSITIONS
AND DELETING THREE CLASSIFICATIONS
Item #16E3
ASSUMPTION AGREEMENT WITH SEMINOLE TRIBE OF
FLORIDA, INC. CONTRACT #07-4180 "GASOLINE & DIESEL
FUEL" AND ITB #10-5581 "MOTOR OILS, LUBRICANTS AND
FLUIDS," AND WAIVING THE PURCHASING POLICY TO
PURCHASE GASOLINE AND DIESEL FUEL FROM SEMINOLE
TRIBE OF FLORIDA, INC. WITHOUT FORMAL BIDDING TO
REFUEL VEHICLES AT THE TRIBE'S COMMERCIAL
REFUELING SITE ON SOUTH HORSESHOE DRIVE, AND TO
RETROACTIVELY APPROVE PAYMENTS FOR PURCHASES
MADE WITH THE SEMINOLE TRIBE SINCE MAY 31, 2013 —
ASSUMING THE EVANS ENERGY PARTNERS AGREEMENT
Item #16E4
ACCEPTING REPORTS AND RATIFYING STAFF-APPROVED
CHANGE ORDERS AND CHANGES TO WORK ORDERS —
FOR THE PERIOD OF MAY 23, 2013 THROUGH JUNE 18, 2013
Item #16E5
Page 218
July 9, 2013
CHAIRWOMAN TO SIGN AN AMENDMENT TO CONTRACT
#08-5009 WITH HYLAND SOFTWARE INC. FOR CONTINUED
SUPPORT OF THE EXISTING SIRE AGENDA, ELECTRONIC
CONTENT MANAGEMENT SYSTEM AND ELECTRONIC
PLAN SUBMITTAL SYSTEM — EXTENDING THE CONTRACT
TO SEPTEMBER 1, 2018
Item #16E6
AN AIRCRAFT LIABILITY INSURANCE LIMIT FOR TENANTS
ENGAGING IN AIRCRAFT HOT REFUELING ACTIVITIES AT
COUNTY AIRPORTS FOR THE MINIMUM AMOUNT OF
$1,000,000
Item #16E7
RECOGNIZING & APPROPRIATING REVENUE FOR SPECIAL
SERVICES TO FACILITY MANAGEMENT DEPARTMENT
COST FUND 001 AND APPROVING ALL NECESSARY FY12/13
BUDGET AMENDMENTS — IN THE AMOUNT OF $48,623.93
FOR SERVICES BEYOND ROUTINE MAINTENANCE
Item #16E8
AN AGREEMENT TO APPROVE DONATION OF EQUIPMENT
FROM BIG CORKSCREW ISLAND FIRE CONTROL AND
RESCUE DISTRICT TO GOLDEN GATE FIRE CONTROL AND
RESCUE DISTRICT UNDER THE GOLDEN GATE ESTATES
LAND TRUST 1983 AGREEMENT — FOR A TRUCK CAB AND
CHASSIS WITH A CURRENT VALUE OF $15,000
Item #16E9
Page 219
July 9, 2013
CHAIRWOMAN TO EXECUTE A SETTLEMENT AGREEMENT
WITH FLORIDA DEPARTMENT OF HEALTH TO SETTLE THE
ADMINISTRATIVE CASE FLORIDA DEPARTMENT OF
HEALTH V. COLLIER COUNTY (DOAH CASE NO:13-001087)
WITH THE COUNTY PAYING A $2,000 ADMINISTRATIVE
FINE AND RECEIVING A REPRIMAND WITHOUT THE
ADMISSION OF LIABILITY
Item #16F1
RESOLUTION 2013-155: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO FY12/13 ADOPTED BUDGET
Item #16F2
RESOLUTION 2013-156: FIXING A DATE, TIME AND PLACE
FOR THE PUBLIC HEARING FOR APPROVING THE SPECIAL
ASSESSMENT (NON-AD VALOREM ASSESSMENT) TO BE
LEVIED AGAINST PROPERTIES WITHIN THE PELICAN BAY
MUNICIPAL SERVICE TAXING AND BENEFIT UNIT— FOR A
PUBLIC HEARING ON THURSDAY, SEPTEMBER 5, 2013 AT
5:05 PM IN THE COMMISSION'S BOARD ROOM
Item #16F3 — Moved to Item #11C (Per Agenda Change Sheet)
Item #16F4
A BUDGET AMENDMENT IN AN AMOUNT UP TO $420,600,
AND PAYMENT FOR DETENTION SERVICES BY FLORIDA
Page 220
July 9, 2013
DEPARTMENT OF JUVENILE JUSTICE (DJJ) — TO COVER
SERVICES FOR THE REMAINDER OF FY 13
Item #16G1
GRANTING THE COLLIER COUNTY AIRPORT AUTHORITY
EXECUTIVE DIRECTOR TO WORK WITH THE SOLID AND
HAZARDOUS WASTE MANAGEMENT DEPARTMENT ON
POSSIBLE FUNDING FOR A PETROLEUM DISCHARGE
CLEANUP AT MARCO ISLAND AIRPORT — AS DETAILED IN
THE EXECUTIVE SUMMARY
Item #16G2
BOARD OF COUNTY COMMISSIONERS, ACTING IN ITS
CAPACITY AS COLLIER COUNTY AIRPORT AUTHORITY,
APPROVE AND AUTHORIZE THE AIRPORT AUTHORITY'S
EXECUTIVE DIRECTOR TO EXECUTE LETTERS OF
UNDERSTANDING WITH PHILLIPS 66 FOR THE COUNTY'S
AIRPORTS TO BE INCLUDED FREE OF CHARGE, IN PHILLIPS
66-BRANDED AIRPORT DEALERS EXCESS LIABILITY
INSURANCE PROGRAM
Item #16G3
TRAVEL REQUEST OF $181 FOR THE AIRPORT AUTHORITY
EXECUTIVE DIRECTOR TO MEET WITH FDOT IN BARTOW,
FLORIDA — TO REVIEW RUNWAY REHAB PROJECTS AT
MARCO ISLAND AND IMMOKALEE REGIONAL AIRPORTS
Item #16H1
Page 221
July 9, 2013
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED EAST NAPLES KIWANIS CLUB'S
BREAKFAST JUNE 7, 2013; $10 TO BE PAID FROM
COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT THE
DAVIS BOULEVARD INTERNATIONAL HOUSE OF
PANCAKES
Item #16J1
DESIGNATING THE SHERIFF OFFICIAL APPLICANT AND
POINT OF CONTACT FOR U.S. DEPARTMENT OF JUSTICE,
OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE
ASSISTANCE EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT (JAG) FY 13 LOCAL STANDARD
GRANT, AUTHORIZING ELECTRONIC SUBMISSION OF THE
APPLICATION, ACCEPTING THE GRANT WHEN AWARDED,
APPROVING ASSOCIATED BUDGET AMENDMENTS AND
FOR THE COLLIER COUNTY SHERIFF'S OFFICE TO RECEIVE
THE AWARD AND EXPEND 2013 JAG GRANT FUNDS
Item #16J2
DISBURSEMENTS FOR THE PERIOD OF JUNE 13, 2013
THROUGH JUNE 20, 2013 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item #16J3
DISBURSEMENTS FOR THE PERIOD OF JUNE 21, 2013
THROUGH JUNE 27, 2013 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Page 222
July 9, 2013
Item #16K1 — Added (Per Agenda Change Sheet)
THE CHAIR TO EXECUTE A SETTLEMENT AGREEMENT
AND AMENDMENT IN THE LAWSUIT ENTITLES COLLIER
COUNTY, ET AL., V. FLORIDA GEORGIA GROVE, LLP, ET
AL., FILED THE TWENTIETH JUDICIAL CIRCUIT IN THE
AND FOR COLLIER COUNTY, FLORIDA (CASE NO, 11-1640-
CA) AND DIRECT COUNTY STAFF TO COMMENCE THE
PROCESS OF VACATING ANY CLAIMED PUBLIC RIGHT-OF-
WAY OR PRESCRIPTIVE EASEMENT INTEREST TO A
PORTION OF MAMIE STREET — LOCATED SOUTH OF
CHOKOLOSKEE BOULEVARD
****Commissioner Henning moved, seconded by Commissioner
Nance and carried unanimously that the following items under the
Summary Agenda be adopted ****
Item #17A
RESOLUTION 2013-157: PETITION VAC-PL20130000413 TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND
PUBLIC INTEREST IN A PORTION OF A DRAINAGE CANAL
EASEMENT, RECORDED IN OFFICIAL RECORD BOOK 4385,
PAGE 3675 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, ALSO BEING A PART OF SECTION 19, TOWNSHIP
50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
AND TO ACCEPT THE DEDICATION AND CONVEYANCE OF
EASEMENT FOR ACCESS AND MAINTENANCE
Item #17B
Page 223
July 9, 2013
ORDINANCE 2013-49: AMENDING ORDINANCE NO. 2007-44,
AS AMENDED, "COLLIER COUNTY'S CONSOLIDATED CODE
ENFORCEMENT ORDINANCE" RELATING TO SUPERIORITY
OF A LIEN ON PROPERTY IMPOSED BY AN ORDER OF THE
CODE ENFORCEMENT BOARD OR SPECIAL MAGISTRATE
Item #17C
RESOLUTION 2013-158: APPROVING AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO THE FY12/13 ADOPTED
BUDGET
Item #17D — Moved to Item #16D5 (Per Agenda Change Sheet)
Item #17E1
ORDINANCE 2013-50: AMENDING 2009-29, AS AMENDED,
COLLIER COUNTY PLANNING COMMISSION ORDINANCE,
BY AMENDING SECTION ONE (1) (POWERS AND DUTIES)
TO HAVE THE PLANNING COMMISSION ACT AS THE
COUNTY'S ENVIRONMENTAL ADVISORY COUNCIL; BY
AMENDING SECTION ONE (2) (MEMBERSHIP) CHANGING
MEMBERSHIP OF THE PLANNING COMMISSION FROM NINE
TO SEVEN MEMBERS, WITH A COMMISSION MEMBER
SELECTED FROM EACH OF THE FIVE (5) COUNTY
COMMISSION DISTRICTS AND SELECTING TWO MEMBERS
WITH ENVIRONMENTAL EXPERTISE; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE
Page 224
July 9, 2013
Item #17E2
ORDINANCE 2013-51: AMENDING 2009-32, AS AMENDED,
THE COLLIER COUNTY ENVIRONMENTAL ADVISORY
COUNCIL ORDINANCE BY AMENDING SECTION ONE
(MEMBERSHIP) TO DESIGNATE THE COLLIER COUNTY
PLANNING COMMISSION AS THE ENVIRONMENTAL
ADVISORY COUNCIL; AND DELETING PROVISIONS
RELATING TO QUORUMS, VOTING, RULES OF PROCEDURE,
COMPENSATION, MEETINGS AND THE EVALUATION OF
THE EAC; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE
Page 225
July 9, 2013
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4:50 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFIC O GOVE ING BOARD(S) OF
jA ,SPE IST CTS UNDER ITS CONTROL
GEO A A. HILLER, CHAIRWOMAN
ATTEST:;- ,
DWI-Or-E. BOCK, CLERK
P/T)'4(.,-0.i, __• , - - ,, _
. , . .,
est as to-Chairmttt'S •
signature on y. a w0"~ J
These minutes approved y the Board on €W'OOc- t0,2,o 13 ,
as presented or as corrected .
Transcript prepared on behalf of Gregory Court Reporting, Inc., by
Cherie' R. Nottingham, CSR.
Page 226