BCC Minutes 09/24/2013 R BCC
REGULAR
iVICETING
MINUTES
September 24, 2013
September 24, 2013
TRANSCRIPT OF THE MEETING
OF THE BOARD OF COUNTY COMMISSIONERS
Naples, Florida,
September 24, 2013
LET IT BE REMEMBERED, that the Collier County
Commissioners, in and for the County of Collier, having conducted
business herein, met on this date at 9:00 a.m. in REGULAR
SESSION in Building "F" of the Government Complex, East Naples,
Florida, with the following members present:
CHAIRWOMAN: Georgia Hiller
Tom Henning
Tim Nance
Donna Fiala
Fred Coyle
ALSO PRESENT:
Jeffrey Klatzkow, County Attorney
Leo E. Ochs, Jr., County Manager
Crystal Kinzel, Finance Director
Tim Durham, Executive Manager of Corp. Business Operations
Troy Miller, Manager of Television Operations
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
September 24, 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 -249 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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September 24, 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 -53569 (239) 252 -8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DEPARTMENT.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Sheila Zellers - Motivated by Love Ministries - Parkway Life
Church
2. AGENDA AND MINUTES
A. Approval of today's consent agenda as amended (Ex Parte Disclosure
provided by Commission members for consent agenda.)
B. Approval of today's summary agenda as amended (Ex Parte Disclosure
provided by Commission members for summary agenda.)
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C. Approval of today's regular agenda as amended
3. SERVICE AWARDS — EMPLOYEE
A. 20 Year Attendees
1) Yves Cazimir - Water
2) Gary Gangi - Water
3) Travis Gossard - Road Maintenance
4) Stephen Lenberger - Environmental Services
5) David Sirenord - Road Maintenance
B. 25 Year Attendees
1) Raymond Bellows - Comprehensive Planning
2) John Conti - Transportation Engineering
3) Samuel Poole Jr. - EMS
4) Kevin Potter - EMS
4. PROCLAMATIONS
A. Proclamation recognizing and congratulating Golisano Children's Museum
of Naples on receiving the WRAP award for its continued efforts to promote
waste reduction, reuse and recycling and for sustaining the usable life of the
Collier County Landfill. To be accepted by Karysia Demarest, Managing
Director; Beth Housewert, Curious Kids Coordinator; and Dave Grimard,
Facility Manager. Sponsored by Commissioner Hiller.
B. Proclamation recognizing September 15th through October 15th as National
Hispanic Heritage Month in Collier County. To be accepted by Andrew
Solis, President/Director, Council of Hispanic Business Professionals, Inc.;
Carlos Amaris, Vice President/Director, Council of Hispanic Business
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Professionals, Inc.; Luis Bernal, Secretary /Director, Council of Hispanic
Business Professionals, Inc.; Jared Holes, Treasurer /Director, Council of
Hispanic Business Professionals, Inc.; Mario Valle, Maggie Alvarez, Airel
Pechokas, Carlos Rodriguez, Adriana Buitrago and Yvette Saco, Directors,
Council of Hispanic Business Professionals, Inc. Sponsored by
Commissioner Fiala.
5. PRESENTATIONS
A. Recommendation to recognize Simon Cleveland, Applications Analyst,
Information Technology, as the Employee of the Month for August 2013.
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS
Item #8 and Item #9 to be heard no sooner than 1:00 pm unless otherwise noted.
S. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. Recommendation to approve the following Land Development Code
Amendments and the enactment of a County ordinance:
1) An Ordinance amending Ordinance No. 04 -01, as amended, the
Collier County Land Development Code, which includes the
comprehensive land regulations for the unincorporated area of Collier
County, Florida, by providing for: Section One, Recitals; Section
Two, Findings of Fact; Section Three, Adoption of Amendments to
the Land Development Code, more specifically amending the
following: Chapter One - General Provisions, Including Section
1.06.01 Responsibility for Interpretations; Chapter Two - Zoning
Districts and Uses, Including Section 2.03.01 Agricultural Zoning
Districts, Section 2.03.06 Planned Unit Development Districts;
Chapter Three - Resource Protection, Including Section 3.02. 10
Standards for Subdivision Plats, Section 3.05.02 Exemptions from
Requirements for Vegetation Protection and Preservation, Section
3.05.03 Procedures, Section 3.05.07 Preservation Standards, Adding
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Section 3.08.00 Environmental Data Requirements; Chapter Four -
Site Design and Development Standards, Including Section 4.03.01
Generally, Section 4.03.03 Exemptions, Section 4.03.01 Lot Line
Adjustments, Section 4.05.04 Parking Space Requirements, Section
4.07.02 Design Requirements; Chapter Five - Supplemental
Standards, Including Section 5.03.06 Dock Facilities, Section 5.04.01
Temporary Use Permits, Section 5.04.05 Temporary Events, Adding
Section 5.04.08 Film Permit, Section 5.05.01 Businesses Serving
Alcoholic Beverages, Section 5.05.05 Automobile Service Stations,
Section 5.05.08 Architectural and Site Design Standards, Section
5.06.02 Development Standards for Signs within Residential Districts,
Section 5.06.04 Development Standards for Signs in Nonresidential
Districts, Section 5.06.11 Permit Application and Review Process;
Chapter Six - Infrastructure Improvements and Adequate Public
Facilities Requirements, Including Section 6.01.02 Easements,
Adding Section 6.01.05 Soil Erosion and Sediment Control Plan,
Section 6.02.01 Generally, Section 6.02.03 Transportation Level of
Service Requirements, Section 6.04.03 Fire Hydrants, Section 6.05.01
Stormwater Management System Requirements, Section 6.06.01
Street System Requirements, Section 6.06.02 Sidewalks, Bike Lane
and Pathway Requirements; Chapter 9 - Variations from Code
Requirements, Including Section 9.02.06 Required Notices for Vested
Rights Determination Process, Including Public Hearings, Section
9.03.07 Nonconformities Created or Increased by Public Acquisition,
Deleting Section 9.04.07 Specific Requirements for Waiver of
Automobile Service Station Distance Requirements; Chapter Ten -
Application, Review, and Decision - Making Procedures, Including
Section 10.01.02 Development Orders Required, Section 10.02.02
Submittal Requirements for All Applications, Section 10.02.03
Submittal Requirements for Site Development Plans, Section 10.02.04
Submittal Requirements for Plats, Section 10.02.05 Submittal
Requirements for Improvements Plans, Section 10.02.06 Submittal
Requirements for Permits, Section 10.02.07 Submittal Requirements
for Certificates of Public Facility Adequacy, Section 10.02.08
Submittal Requirements for Amendments to the Official Zoning and
LDC, Section 10.02.09 Submittal Requirements for Text Amendments
to the LDC, Section 10.02.13 Planned Unit Development (PUD)
Procedures, Section 10.02.15 Mixed Use Project Procedures within
the Bayshore Gateway Triangle Redevelopment Area, Section 10.03.5
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Notice Requirements for Public Hearings before the BCC, the
Planning Commission, the Board of Zoning Appeals, the EAC, and
the Historic Preservation Board, Adding Section 10.03.06 Public
Notice and Required Hearings for Land Use Petitions, Section
10.08.00 Conditional Uses Procedures; Section Four, Conflict and
Severability; Section Five, Inclusion in the Collier County Land
Development Code; and Section Six, Effective Date.
2) An Ordinance amending Ordinance No. 2004 -66 that created an
Administrative Code for Collier County; Providing for addition of
Section 2 -13 Fees Relating to Land Development; Providing for the
repeal of Exhibit "A" Relating to Fees and Collier County
Construction Standards Manual; Providing for the adoption of Exhibit
"B ", Administrative Code for Land Development; Providing for
Conflict and Severability; Providing for Codification and Inclusion in
the Code of Laws and Ordinances; and Providing for an Effective
Date. (Note: This is a Companion Item to Agenda Item #9B)
B. Recommendation to (1) adopt an Ordinance of the Board of County
Commissioners of Collier County, Florida, amending Ordinance No. 04 -41,
as amended, the Collier County Land Development Code, which includes
the comprehensive land regulations for the unincorporated Area of Collier
County, Florida, by providing for: Section One, Adoption of Amendments to
the Land Development Code, more specifically amending Chapter Eight -
Decision- Making and Administrative Bodies, by Adding Section 8. 10.00
Hearing Examiner; Chapter Ten - Application, Review, and Decision -
Making Procedures, Including Section 10.02.03 Submittal Requirements for
Site Development Plans; Section Two, Conflict and Severability; Section
Three; Inclusion in the Collier County Land Development Code; and Section
Four, Effective Date; (2) to direct staff to amend the LDC in the next LDC
amendment cycle to reflect the new Hearing Examiner process and identify
that petitions designated for the Office of the Hearing Examiner may be
heard by the Hearing Examiner or Planning Commission and /or the Board,
as necessary; (3) to approve Table 1, Actions to be heard by the Office of the
Hearing Examiner; (4) to adopt a Resolution amending Resolution No.
2013 -153, the Collier County Growth Management Planning and Regulation
Fee Schedule to add fees for new processes; and (5) to approve all necessary
budget amendments required for CityView software updates. (Note: This is a
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Companion Item to Agenda Item #9A)
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Collier County Planning Commission.
B. Appointment of members to the Affordable Housing Advisory Committee.
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.
D. Recommendation to direct the County Manager to operate the Collier
County airports and to return to the Board of County Commissioners with a
staff analysis and operations management plan and organizational analysis.
(Commissioner Henning)
E. Recommendation that the Board of County Commissioners, in its capacity as
the governing body of the Collier County Airport Authority, extend the
Airport Authority Executive Director's Employment Agreement with
Thomas C. Curry, fixing the end date of the first extension term as
September 30, 2016, revising travel approval requirements, and amending
the Agreement to comport with Ch. 2011 -143, Florida Statutes and travel.
(Commissioner Coyle)
F. Recommendation to have staff prepared to respond to citizen inquiries
related to the anticipated issuance of an Oil Exploration Permit for
operations adjacent to Golden Gate Estates by the Florida Department of
Environmental Protection. Preparation should include but not be limited to a
review of permit stipulations and safety elements, evaluation of potential
impacts to County infrastructure, and most importantly, evaluation of needed
preparation to insure adequate disaster readiness and coordination of
emergency management and first responder agencies. Further directing
staff to bring an assessment and recommendation back to the BCC at the
October 8, 2013 board meeting, (or the first board meeting following DEP
action) for possible BCC action. (Commissioner Nance)
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11. COUNTY MANAGER'S REPORT
A. This item to be heard at 10:00 a.m. Recommendation to obtain public
input into the process of determining the future of the Isles of Capri Fire
District. (Len Price, Administrative Services Administrator)
B. Recommendation to approve four agreements to allow participation in
alternative intergovernmental transfer programs (IGT): Two between the
County and Agency for Health Care Administration (AHCA), one each
between the County and Physicians Regional Medical Center and Naples
Community Hospital; and an additional agreement between Collier County
and the David Lawrence Center and approve all necessary FY2014 budget
amendments. The County's total budgeted appropriation increases to
$5,413,268. (Len Price, Administrative Services Administrator and Steve
Carnell, Interim Public Services Administrator)
C. Recommendation to approve the proposed performance based Economic
Development Incentive Programs for new job creation in targeted industries.
(Bruce Register, Business and Economic Development Director)
D. Recommendation to adopt a resolution approving the Collier County Office
of Business and Economic Development Prospect # 13 -011, as a Qualified
Applicant to Florida's Qualified Target Industries (QTI) Tax Refund
Program, providing up to $75,000 of local financial support for an expansion
of an existing high value added manufacturing firm in Collier County that
will create 75 new above average wage jobs. (Bruce Register, Business and
Economic Development Director)
E. This item to be heard at 11:00 a.m. Recommendation to issue Big
Corkscrew Island Fire and Rescue District a Certificate of Public
Convenience and Necessity for Advanced Life Support non - transport
services for one year and authorize the Chairwoman to execute the Permit
and Certificate. (Dan Summers, Administrative Services Bureau of
Emergency Services Director)
F. Recommendation to award Invitation to Bid (ITB) #13 -6137 to DeAngelis
Diamond Construction, Inc., in the amount of $5,182,845 for the
replacement of the existing, 29 year old, HVAC systems and corresponding
controls in the oldest section of the Naples Jail Center Project #51031 and
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authorize the Chairwoman to execute the attached contract. (Skip Camp,
Administrative Services Facilities Management Director)
G. Recommendation to approve the award of Pharmacy Benefit Management
Services to Envision Rx, authorize the Chairwoman to sign the attached
agreement, and terminate the current agreement with Express Scripts
effective January 1, 2014. (Jeff Walker, Administrative Services Risk
Management Director)
H. Recommendation to approve the purchase of Liability, Automobile,
Workers' Compensation, Aircraft, Airport and other insurance coverage for
FY 2014 in the annual amount of $1,057,459, a reduction of 5.59% or
$625565. (Jeff Walker, Administrative Services Risk Management Director)
I. Recommendation to 1) adopt a resolution authorizing an additional
disbursement under State Revolving Fund loan agreement DW 1111 040, as
amended, with the State of Florida Department of Environmental Protection
in an aggregate principal amount not to exceed $12 million to refund a
portion of the Collier County Water -Sewer District Water and Sewer
Revenue Bonds, Series 2006; 2) authorize the execution and delivery of the
State Revolving Fund loan agreement amendment; and, 3) authorize the
execution and delivery of an escrow deposit agreement with U.S. Bank
National Association. (Joe Bellone, Public Utilities Financial Operations
Support Director)
I Recommendation to complete the Annual Performance Appraisal for the
County Manager. (Leo E. Ochs, Jr., County Manager)
12. COUNTY ATTORNEY'S REPORT
A. The Annual Performance Appraisal for the County Attorney
B. Recommendation to approve a Resolution establishing procedures relating to
emergency repairs of private roads.
C. This item to be heard immediately following Item #12B.
Recommendation to approve a Resolution directing the County Manager to
take immediate action to make the minimum necessary repairs required to
facilitate the transport of emergency service vehicles on Platt Road and
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approve all necessary budget amendments.
13. OTHER CONSTITUTIONAL OFFICERS
A. This item to be heard at 11:30 a.m. Presentation by the Clerk of the
Circuit Court's Office regarding Audit Report 2013 -9 Housing, Human and
Veteran Services Department: Florida Non - Profit Services.
14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
1) Recommendation to accept the proposal for Request for Proposal
(RFP) #13-6083 Airport Management Consultant from Unison
Consulting Inc. and direct the County Manager to negotiate a contract
to be brought back to the Board for approval.
2) The Annual Performance Appraisal for the Airport Authority
Executive Director.
3) Recommendation to accept and authorize the Chairwoman to execute
Federal Aviation Administration (FAA) grant agreements not to
exceed a total of $5,649,916 for the Construction Phase of the
Rehabilitation of Runway 17 -35 and aircraft aprons at the Marco
Island Executive Airport, and approve associated budget amendments.
4) Recommendation to accept and authorize the Chairwoman to execute
a Federal Aviation Administration (FAA) grant agreement not to
exceed $6,754,362 for the Construction Phase of the Rehabilitation of
Runway 9 -27 at the Immokalee Regional Airport, and approve
associated budget amendments.
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Current BCC Workshop Schedule
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16. CONSENT AGENDA — All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to approve South Florida Water Management
District ( "SFWMD ") Agreement No. 4600002912 and to authorize
any necessary budget amendments to recognize grant funding in the
amount of $575,000 for the construction of the 28th Ave SE Bridge
Replacement, Project #60123.
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 Riverstone - Plat Five (PPL-
PL20130000785), 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 Isles of Collier Preserve Phase
1, (PPLA20130001181) approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
4) This item requires that ex parte disclosure be provided by
Commission members. Should a hearinu be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Graeve Subdivision,
Application Number FP- PL20130001133.
5) Recommendation to approve the release of two liens with a combined
value of $90,336.09 for payment of $1,986.09, in the Code
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Enforcement Action entitled Board of County Commissioners vs.
Jennifer DeFrancesco, Code Enforcement Case Numbers
CEV20090002773 and CESD20090003060, relating to property
located at 4302 Rose Avenue, Collier County, Florida.
6) Recommendation to approve the release of lien in the amount of
$95,080 for payment of $20,580, in the Code Enforcement Action
entitled Board of County Commissioners vs. Arnoldo and Daisy De
La Cruz, Code Enforcement Case Number CESD20120000335,
relating to property located at 3770 47th Avenue NE, Collier County,
Florida.
7) Recommendation to approve the release of lien in the amount of
$87,400 for payment of $611.72, in the Code Enforcement Action
entitled Board of County Commissioners vs. Jose L. Perez and Isabel
Perez, Code Enforcement Case Numbers CESD20100008561 and
CESD20120006147, relating to property located at 110 Wilson
Boulevard South, Collier County, Florida.
8) Recommendation to offer 10 acres of surplus, land- locked, County -
owned, vacant land for sale in accordance with Florida Statutes
Section 125.35 and accept bids therefor. (Fiscal impact: two separate
advertisements not to exceed $1,000 total.)
9) Recommendation to award the Request for Proposal (RFP) # 13-
6062S Annual Contract for Landscape Maintenance Vendors to
multiple awardees to Category I: Landscape and Irrigation
Maintenance and Category IA: Basic Landscape Services to
Affordable Landscaping Service & Design, LLC; Superior
Landscaping & Lawn Service Inc.; and Caribbean Lawn & Garden of
SW Naples FL. Inc.; and authorizes the Chairwoman to sign standard
services contracts on behalf of the Board and approve the extension of
Contract #09 -5239 to December 31, 2013.
10) Recommendation to approve the standard form Construction and
Maintenance Agreement and the amount of the security for road and
utility improvements required by the Bent Creek Preserve Developer
Contribution Agreement.
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11) Recommendation to accept a Multi -Way Stop Warrant Study and
approve the installation and operation of a 4 -Way Stop control at the
intersection of Sunset Road and 19th Avenue SW /45th Street SW in
Golden Gate City, at an installation cost of approximately $600
(Traffic Operations Cost Center #163630).
12) Recommendation to approve Contract No. 4600002932 with the
South Florida Water Management District in the amount of $290,500
providing funding assistance for installation of 42 culverts as part of
the North Golden Gate Estates Flowway Restoration Project, Project
No. 60127.
13) Recommendation to approve Change Order No. 4 for Zero Dollars to
Contract No. 12 -582OR with ZEP Construction, Inc. to complete the
White Blvd. Bridge Replacement Project (Project No. 66066).
14) Recommendation to award Invitation to Bid (ITB) No. 13 -6155 for
the Dredging of Doctors Pass to Orion Marine Construction, Inc. in
the amount of $733,078.77; authorize the Chairwoman to execute a
County Attorney approved contract; make a finding that this item
promotes tourism; and approve all necessary budget amendments;
Project #90549.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Community Redevelopment Agency (CRA)
approve CRA staff attendance at Florida Redevelopment Association
2013 Annual Conference; authorize payment of attendee's
registration, lodging, travel and per diem from the Bayshore Gateway
Triangle Trust Fund (Fund 187) travel budget; and declare the training
received as serving a valid public purpose.
C. PUBLIC UTILITIES DIVISION
1) Recommendation to approve the annual rate resolution to establish the
fees, rates, and charges for the use of Collier County Solid Waste
Facilities, including landfill tipping fees, recycling drop -off center
fees, and residential multi- family and commercial waste collection
fees for FYI 4. There are no increases proposed to existing tipping
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September 24, 2013
fees, basic residential collection assessments recycle drop -off center
charges or landfill tipping fees. This resolution adopts the rates that
fund the FYI budget for solid waste collection and disposal.
2) Recommendation to accept Funding Agreement No. 4600002929 with
the South Florida Water Management District to provide funding in
the amount of $600,000 for the Irrigation Quality Water Aquifer
Storage and Recovery Well #2, Project #74030.
3) Recommendation to a) accept the utility relocation bid amount of
$4,655,380 from the Florida Department of Transportation; b) direct
staff to send a letter to the Florida Department of Transportation
stating that the additional money is on deposit and available to cover
the selected low bid; c) provide $703,692.60 into a Florida
Department of Transportation interest bearing escrow account; and, d)
authorize the necessary budget amendment in the amount of $408,114
for the Florida Department of Transportation project to widen U.S. 41
(Tamiami Trail East) between County Road 951 (Collier Boulevard)
and Greenway Road; and e) approve a Resolution accepting the utility
relocation bid amount and going forward with the Project.
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve a standard Donation Agreement that
allows Lynx Zuckerman at Naples, LLC to donate two adjacent
parcels totaling five acres along with a management endowment of
$16,683 to the Conservation Collier Land Acquisition Program under
the offsite vegetation retention provision of the Land Development
Code LDC Sec 3.05.07H. Lf.iii.b), at no cost to the County, and
authorize the Chairman to sign the Donation Agreement and staff to
take all necessary actions to close. (This item is a companion to Item
#17B)
2) Recommendation to approve three (3) satisfactions of mortgage for
State Housing Initiatives Partnership Program (SHIP) in accordance
with the Board's Short Sale Policy, accepting $4,243.10 to satisfy the
total value of the initial mortgage ($64,885).
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September 24, 2013
3) Recommendation to approve four (4) mortgage satisfactions for the
State Housing Initiatives Partnership (SHIP) loan in the combined
amount of $16,760.
4) Recommendation to approve the termination of a Subrecipient
agreement between the City of Naples and Collier County and to
facilitate the reprogramming of a newly proposed HUD Community
Development Block Grant (CDBG) project and Subrecipient
Agreement between Collier County and the City of Naples. CDBG
grant funds in the amount of $105,835 are available within Housing
Grant Fund (705), Project #33236.
5) Recommendation to approve the bylaws for the Public Transit Ad Hoc
Advisory Committee.
6) Recommendation to approve a Resolution superseding Resolution No.
2009 -233 to adopt the Collier Area Transit Public Participation Plan.
7) Recommendation to approve the Rivers Road Preserve Final
Management Plan under the Conservation Collier Land Acquisition
Program.
8) Recommendation to approve an amendment to the Subrecipient
agreement with Habitat for Humanity of Collier County, Inc. for the
FY2010 -2013 U.S. Housing and Urban Development (HUD)
Community Development Block Grant (CDBG) funds.
9) Recommendation to approve the first extension of the Interim
Management Plan for the Conservation Collier McIlvane Marsh
properties.
10) Recommendation to approve an after - the -fact amendment to the Older
Americans Act Program agreement and corresponding budget
amendments to reflect increased grant funding in the amount of
$91,529; from the Area Agency on Aging of Southwest Florida, Inc.,
d/b /a Senior Choices of Southwest Florida (Senior Choices). (Net
Fiscal Impact $101,698.88)
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September 24, 2013
11) Recommendation to approve after the fact amendments for the FYI 3-
14 State General Revenue Seniors Program agreements from the Area
Agency on Aging for Southwest Florida, Inc. d/b /a Senior Choices of
Southwest Florida, and corresponding budget amendments which
reflect increased funding and additions regarding Florida Statute
compliance (Net Fiscal impact $43,105).
12) Recommendation to approve a budget amendment recognizing
$1,715.08 of State Housing Initiatives Partnership (SHIP) interest
income and carry forward from fiscal year 2010/2011.
13) Recommendation to approve the Second Amendment to Agreement
with David Lawrence Mental Health Center, Inc. (DLC) for substance
abuse and mental health services, which will reallocate specific
program area funding budget allocation amounts. (No Fiscal Impact)
14) Recommendation to authorize the County Manager to sign and submit
the Florida Recreation Development Assistance Program Grant
application in the amount of $120,000 for improvements to East
Naples Community Park Velocity Skate Park.
15) Recommendation to approve a Resolution and provide after the fact
approval for the submittal of Shirley Conroy Rural Area Capital
Equipment Support Grant in the amount $192,250 to the Florida
Commission for the Transportation Disadvantaged for the
procurement of two replacement paratransit vehicles.
16) This item continued from the September 10, 2013 BCC Meeting.
Recommendation to award Bid # 13 -6103 Design and Installation Bus
Wrap Decals to ABC Bus, Inc.
17) This item continued from the September 10, 2013 BCC Meeting.
Recommendation to approve the acceptance of State Housing
Initiatives Partnership (SHIP) Program FY 13/14 allocation in the
amount of $567,140 and sign the Fiscal Year 2013 -2014 Funding
Certification.
18) Recommendation to approve Amendment #4 to the Subrecipient
Agreement between Collier County and David Lawrence (DLC) to
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September 24, 2013
operate the Collier County Drug Court Program for Drug Court Grant
#2010 -DC -BX -0016.
19) Recommendation to endorse a Memorandum of Understanding and
Amendment # 1 between Housing, Human & Veteran Services
Department and the Parks & Recreation Department to build the
Immokalee South Park Community Center with Community
Development Block Grant (CDBG) funds.
20) Recommendation to Approve Shared Access Agreement with the
Greater Naples YMCA.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to approve the purchase of Flood Insurance for
Fiscal Year 2014 in the estimated amount of $346,062.
2) Recommendation to recognize revenues posted to Project #52525,
General Building Improvements, and to approve the Budget
Amendment necessary to appropriate the funds.
3) Recommendation to approve Florida Power & Light Company's
(FPL) Underground Road/Pavement Crossing Agreement, an
Underground Distribution Line Agreement, and a Pole and Overhead
Lines Relocation Agreement in the total amount of $35,228.04 for
new FPL services at the Gordon River Greenway Park (GRGP)
Project #80065.
4) Recommendation to extend the award of Request for Proposal (RFP)
No. 09 -5126, "Annual Contract for the Purchase and Renting of All
Collier County Uniforms," to Unifirst Corporation for an additional
two (2) year term for the leasing and laundry of uniforms.
5) Recommendation to award Bid No. 12- 5959r2, "Alarm Monitoring
Services" to CT Fire Protection, Inc. and authorize staff to continue
using the incumbent vendor, D.A. Systems, Inc. d/b /a Dehart Alarm
Systems until the transition is complete.
Page 17
September 24, 2013
6) Recommendation to approve and authorize the Chair to execute an
Interlocal Agreement for an Advanced Life Support Partnership
between Collier County and the City of Naples.
7) Recommendation to approve and adopt a Resolution approving the
Pay and Classification Plans for the County Manager's Agency and
County Attorney's Office effective October 1, 2013, providing for a
general wage adjustment of up to $1,000 to base pay effective on
October 5, 2013, and to approve the creation of new classifications,
modification and/or deletion of classifications and assignment of pay
ranges from the proposed Pay and Classification Plans, from July 1,
2013 forward, using the existing - Archer- point- factor job evaluation
system, subject to a quarterly report to the Board, if actions warrant.
8) Recommendation to authorize the County Manager and staff to use
the Federal GSA schedules (i.e. Schedule 70 and 1122 Program); the
State of Florida Contracts, Agreements and Price Lists; competitively
solicited contracts by US Communities, Western States Contracting
Alliance, National Intergovernmental Purchasing Alliance (NIPA),
National Joint Powers Alliance (NJPA) public purchasing
consortiums; and, competitive solicitations from State of Florida
cities, counties, and other public municipalities (i.e. Sheriff's
Association) for the efficient purchase of goods and services for the
delivery of public services and for which funds were approved in
operating budgets.
9) Recommendation to award a contract for Request for Proposal (RFP)
#13 -6015 "SAP Consulting Services" to EPI -USE America, Inc. and
to Labyrinth Solutions Inc., d/b /a LS I Consulting, LLC and authorize
the Chairwoman to execute the County Attorney approved contracts.
10) Recommendation to approve and authorize the Chair to execute the
Second Amendment to the Agreement for Medical Examiner Services
(Contract No. 11 -5776 Medical Examiner) which will extend the term
of the Agreement to September 30, 2014, and provide for certain costs
relating to Information Technology and General, Property, and
Liability insurances. The total allocation of $1,069,600 represents a
decrease of $8,200 from FY 13.
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September 24, 2013
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve two (2) Releases of Lien related to
impact fees, due to the deferred impact fees being paid in full, in
accordance with the terms of the executed deferral agreements and
the Owner - occupied Impact Fee Deferral Program, as set forth by
Section 74- 401(d) and 74 -401 (g)(5) of the Collier County Code of
Laws and Ordinances.
2) Recommendation to approve a report covering a budget amendment
impacting reserves in an amount up to and including $16,000 and
budget amendment moving funds.
3) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2012 -13 Adopted Budget.
4) Recommendation to approve the selection of an award for contract
RFP #13-6129, "Professional State Lobbyist Services," to Fowler
White Boggs PA in the amount of $80,000 annually.
G. AIRPORT AUTHORITY
1) Recommendation to approve the attached Commercial Aviation
Operations License Agreement with James Fogarty, D.B.A. Fogarty's
Flying Service, for aircraft flight instruction at the Marco Island
Executive Airport.
2) Recommendation that the Board of County Commissioners, acting as
the Airport Authority, award Bid No. 13 -6044 Everglades Airpark -
Parallel Taxiway South to Runway 15 -33 in the amount of $195,925
to Quality Enterprises USA, Inc. and approve the necessary budget
amendments.
3) Recommendation that the Board of County Commissioners authorize
the Airport Authority Executive Director to implement changes to
increase security and allow Air boaters access to obtain fuel from the
Immokalee Airport fuel farm.
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September 24, 2013
4) Recommendation to approve the attached Concessionaire Agreement
between the Collier County Airport Authority and Marco Aviation
Inc. d/b /a Air Expeditions, Inc. for Specialized Aviation Service
Operations at the Marco Island Executive Airport.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Kids Don't Float Program meeting/lunch on September
43 2013 at the Calstoga Bakery Cafe. $10.58 to be paid from
Commissioner Fiala's travel budget.
2) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose. To
attend the United Way Kickoff Breakfast on September 25, 2013. The
sum of $20 to be paid from Commissioner Fiala's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous correspondence to file with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve an Interlocal Agreement for Election
Services for the November 26, 2013, Everglades City election.
2) Recommendation to approve a Resolution changing the Boundaries
and Numeric Designations of certain precincts due to consolidation
with adjacent precincts.
3) Tax Collector request for advance commissions in accordance with
Florida Statute 192.102(1) for FY2014.
4) To obtain Board approval for disbursements for the period of August
30, 2013 through September 5, 2013 and for submission into the
official records of the Board.
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September 24, 2013
5) To obtain Board approval for disbursements for the period of
September 6, 2013 through September 12, 2013 and for submission
into the official records of the Board.
6) To provide the Board of County Commissioners the Clerk of the
Circuit Court's Office Audit Report 2013 -8 Parks and Recreation —
Immokalee Sports Complex — Capital Assets issued on September 18,
2013.
7) To provide the Board of County Commissioners the Clerk of the
Circuit Court's Internal Audit Report 2013 -7 Wastewater Department:
Southern Sanitation Invoices issued on September 18, 2013.
K. COUNTY ATTORNEY
1) Recommendation to approve a Mediated Settlement Agreement and a
Stipulated Final Judgment to be drafted incorporating the same terms
and conditions as the Mediated Settlement Agreement concerning the
taking of Parcels 148FEE, 148SE and 148TCE, in the lawsuit styled
Collier County v. Florida Power and Light, et al, Case No. 2013 -CA-
1329 for the Collier Boulevard expansion (Project No. 68056). Fiscal
Impact $178,945.
2) Recommendation to approve a Resolution establishing minimum
procedures for public comment at all meetings before any agency,
advisory board, regulatory board, quasi-judicial board, committee,
task force or any other group created and funded in whole or in part
by the Board of County Commissioners and direct the County
Manager or his designee to distribute such Resolution to all members
of County Boards.
3) Recommendation to authorize the County Attorney to advertise for
future consideration an ordinance which would amend Ordinance No.
2013 -25, the Collier County Hearing Examiner Ordinance.
4) Recommendation that the Board of County Commissioners reviews
and approves the proposed FY 2013 - 2014 Action Plan for Jeffrey A.
Klatzkow, County Attorney.
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September 24, 2013
5) Recommendation that the Board of County Commissioners, acting as
the Collier County Airport Authority, approve and authorize the Chair
to sign a Mediated Settlement Agreement with Quality Enterprises
USA, Inc., and directs staff to issue a permit, as promptly as possible,
which allows Quality Enterprises to remove the fill material from the
Immokalee Airport property on the terms and conditions set forth in
the Mediated Settlement Agreement.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI -
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to consider a Resolution
determining that a car rental use is a comparable and complimentary use
within the Germain Toyota PUD as authorized in Section 1.A.2 of Exhibit A
of Ordinance 08 -60. The subject property is located on the west side of
Tamiami Trail North and south of Wiggins Pass Road in Section 16,
Township 48 South, Range 25 East, Collier County, Florida. [Petition
ZLTR- PL20130001117]
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
amending Ordinance Number 2007 -55, the Boxwood RPUD, by changing
the name of the Residential Planned Unit Development from Boxwood
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September 24, 2013
RPUD to Tuscany Pointe RPUD; by reducing the maximum dwelling units
from 207 to 120; by eliminating the affordable housing density bonus and
deleting/terminating the density bonus agreement; by revising the
development standards; by deleting Exhibit "C ", the existing Master Plan,
and approving a new Master Plan; by deleting Exhibit "C -1 ", ROW Cross
Section, and approving a new Exhibit "C -1 "; by deleting Exhibit C -2, RPUD
North and East Property Cross Section and adding a new Exhibit C -2
entitled North and East Landscape Buffer Plan; by adding Exhibit "C -3 ",
Typical Lot Layout; by revising the Developer Commitments; by deleting
Exhibit "G ", Conceptual Topographical Cross Section, and approving a new
Exhibit "G ", for the RPUD located east of Collier Boulevard (CR 95 1) and
north of Vanderbilt Beach Road in Section 35, Township 48 South, Range
26 East, Collier County, Florida, consisting of 30± acres; and by providing
an effective date. [Petition PUDA- PL20130000141, Tuscany Pointe RPUD]
(This item is a companion to Item # 16D 1)
C. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve a Resolution
providing for the establishment of a Conditional Use to allow a retail store in
excess of 5,000 square feet within the C -3 Zoning District pursuant to
Section 2.03.03.C. l .c.17 of the Collier County Land Development Code for
property located on the southwest corner of 95th Ave. N. and U.S. 41 in
Section 33, Township 48 South, Range 25 East, Collier County, Florida.
[CU- PL20130001108, Milan Center]
D. Recommendation to adopt an ordinance repealing Ordinance No. 2010 -11 in
its entirety in order to abolish the Airport Authority Advisory Board.
E. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2012 -13 Adopted Budget.
F. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2013 -14 Adopted Budget.
G. Recommendation to adopt a proposed Standards of Care Ordinance
establishing regulations for the keeping of animals by animal - related
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September 24, 2013
businesses and organizations, commercial and non - commercial breeders, and
rodeos as contemplated in the Animal Control Ordinance (Ordinance 2013-
33).
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383.
Page 24
September 24, 2013
September 24, 2013
MR. OCHS: Madam Chair, you have a live mic.
CHAIRWOMAN HILLER: Thank you. Ladies and gentlemen,
we're waiting on updated agendas. It's been a very exciting morning
with a lot of resolutions and a lot of issues that were primarily
ministerial, not decision - making issues. So if you indulge us with
your patience, and as soon as we get those updated agendas we'll get
started.
If anyone would like to sing or tell a joke or, you know, whatever
you'd like to do to kill the time, just feel free to step up to the mic.
Actually, Leo, do you have the list of the participants of --
COMMISSIONER NANCE: Let's talk about the United Way.
CHAIRWOMAN HILLER: Yeah, of the United Way? I'd like
to share some of the good news about that while we're waiting.
MR. OCHS: Let me see what I have here for you, ma'am.
COMMISSIONER NANCE: Everybody's waiting to hear the
Chair's comments on the rumor that dunk tank diving is going to be
considered for a new Olympic sport.
CHAIRWOMAN HILLER: Great. Okay. That's awesome.
Okay. I can't believe that. I actually had a donor that decided to split
his donation between Dwight and I. I find that completely
unacceptable. I mean, I really thought that this donor would dislike
me more than he would dislike Dwight. But as it turns out, Dwight, I
don't know if you're in the audience or if you're listening, but if you
are, sorry, you're almost as disliked as me.
All right. So let me congratulate Team Collier, because this year
we raised, I want to say, more than double of what we raised last year
for the benefit of the United Way Walk. And I'm going to begin by
giving recognition to those wonderful people who willingly subjected
themselves to what I would say is an experience probably worse than
water boarding. I was dunked so often that I had water going up my
nose, it was in my ears, I was chilled to the bone. I mean, it was like
the most unbelievable experience. And every time I came up for air
Page 2
September 24, 2013
and was, like, thinking I had a moment that I could just chill on that
little, you know, seatie (sic) that they put you on, I mean, I was
dunked again. It was so nonstop, it was unbelievable. You should
have been there.
COMMISSIONER FIALA: Yes, but I saw your pictures in the
paper. You looked like you were having a ball.
CHAIRWOMAN HILLER: It was like a workout, let's put it -- I
mean psychologically --
COMMISSIONER FIALA: I was at CREW that day; I was
conducting a meeting for CREW in Estero. But I would have loved to
have been there.
CHAIRWOMAN HILLER: You would have enjoyed it, though.
COMMISSIONER FIALA: Oh, I'm sure.
CHAIRWOMAN HILLER: It was quite an experience.
So let me begin by saying thanks to Tim Durham. Tim, you look
awesome soaking wet. Joe Bellone, who was actually -- I think he was
in the tank before me, but I'm not sure. And I think he told me that he
had not taken a bath for two days prior to this experience.
All right, then Steve Messner; Jeff Wright, who is our new head
of Code Enforcement, and he deserved to be dunked; Mike Berrios
from IT; Scott Johnson; Melissa Blazier; and, oh, Commissioner
Henning.
Now, had I known, okay, had I known that you were going to be
there, I personally would have gone out and bought you one of those
little, you know, euro tankinis or whatever they call it. Those
Speedos. The Speedo that I thought would look good on Coyle, I
thought would have looked like really good on you.
And by the way, and for the benefit of the audience, let me tell
you what I did when Commissioner Henning went up to get dunked. I
waited til' he was seated. We hid two large buckets of ice behind a
tree. I walked out when he was seated, poured the ice in, not one but
both buckets simultaneously. And then as he was looking at me
Page 3
September 24, 2013
thinking I was going to walk away, I dunked him. And let me say, it
was a bonding experience. I just want you to know. No pun intended,
okay.
So Commissioner Henning, thank you. But next year --
COMMISSIONER HENNING: Pleasure.
CHAIRWOMAN HILLER: -- the little black Speedo, because
Commissioner Coyle just, you know, refused to acquiesce to that
fashion statement.
COMMISSIONER FIALA: No mental pictures. Let's move on.
CHAIRWOMAN HILLER: Okay, Bruce Snauwaert, Len Price.
Len, thank you. I mean, that you were willing to sacrifice your hair
for the cause, I mean, thank you.
And Dwight Brock. Dwight was unbelievable. I mean, it was
really an experience to see him go under. And quite frankly, there
were moments where I was, like, hoping that would last a little longer
than it did. But anyway, it was wonderful.
And then, you know, I volunteered myself. And like I said, it was
-- it was -- I wouldn't call it Olympic, but definitely something the
NSA could look into as an alternative to other techniques to --
COMMISSIONER NANCE: Extract information.
CHAIRWOMAN HILLER: -- extract information, put someone
in a submissive state, whatever you want to call it.
So anyway, we absolutely had an incredible turnout. Some of
our big sponsors were Agnoli, Barber and Brundage, Woodward, Pires
and Lombardo. And Crystal, Crystal, you were one of our big donors.
Thank you. Okay, Crystal was unbelievable. Crystal was there
supporting us the entire time, and we are very grateful on behalf of
United Way that you contributed so generously. Thank you for
helping out.
So on behalf of the Board of County Commissioners, thank you
to Team Collier.
COMMISSIONER NANCE: I'd like to add one more thing.
Page 4
September 24, 2013
CHAIRWOMAN HILLER: Yes.
COMMISSIONER NANCE: I was asked to make an
announcement that in the spirit and continued effort for United Way,
William Kocses, who is a long -time employee of Supervisor of
Elections Office, is apparently conducting a fundraiser with -- for
those of you that are fans of Duck Dynasty, apparently he's auctioning
off a lunch item containing squirrel.
Now, please refrain from sending any comments about
Department of Animal Services or making improper comments about
District 5, which we usually get when we talk about these sorts of
Duck Dynasty things. But I just wanted to let you know to go down,
it's all in the spirit of fun, William is going to be down there today to
continue to raise money for charity and everybody's going to have a
great time.
CHAIRWOMAN HILLER: And what is that famous philosophy
that Duck Dynasty espouses? What is it, sting like a butterfly, punch
like a flea? Or is it punch like a butterfly, sting like a flea? It's one of
the two. But either way, it's a deep and profound philosophy that we
all should espouse.
COMMISSIONER COYLE: It's stink like a bee.
CHAIRWOMAN HILLER: No, no, no, like a flea. It's punch
like a butterfly, sting like a flea. That's it. Keep that in mind for your
activities today.
All right, let's get started.
Ladies and Gentlemen, I call this meeting to order.
Please rise for the Pledge of Allegiance.
MR. OCHS: Invocation first.
CHAIRWOMAN HILLER: Oh, sorry. Please rise -- sorry, it
was so exciting.
MR. OCHS: Invocation this morning by Reverend Sheila
Zellers.
CHAIRWOMAN HILLER: Yes, thank you. Please, go ahead.
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September 24, 2013
Item # 1 A
INVOCATION AND PLEDGE OF ALLEGIANCE
MS. ZELLERS: Okay, now, I will say this: On my side of this,
you should never follow pets or children normally, okay. But this
morning we had a pet and we had some quite fun activity. And the
United Way is a wonderful thing, and so if you haven't supported it,
go out and do so.
CHAIRWOMAN HILLER: Definitely.
MS. ZELLERS: I'm honored to be here this morning. I thank
you for the kind invitation. May we all agree with one heart, one mind
in unity and one faith in God Almighty, the maker of heaven and
earth.
Father, in the name of your Son Jesus Christ, we come to you and
we thank you for this day. First Corinthians 10:31 says, whether you
eat or drink, play or work, whatever you do, do it for the profit of all.
Father, we ask today for unity, we ask for hope, and we ask for
expected great future for this Collier County, that all that will come,
all that live and all that play and work here would have an opportunity
to see that this is one of the most beautiful grand cities in the world.
And that may we all do our best to do what you want for the will of
the people.
Father, I also want to ask and remind the people that because of
your great love and your mercy, we are not consumed but we have
compassions that never fail, that every morning your mercies and your
faithfulness are new to us and you give us a fresh new day to start
over. So we ask you today to let us learn from yesterday, grow today,
and plan for a greater future for Collier County.
Father, I ask you to bless the Commissioners, bless all that are in
service here, all that are coming to speak forth. I ask that we do it in
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September 24, 2013
an attitude of peace, love and hope for a brighter tomorrow in Collier
County today. Amen.
CHAIRWOMAN HILLER: Commissioner Fiala, would you
lead us in the pledge?
COMMISSIONER FIALA: I would love to.
(Pledge of Allegiance was recited in unison.)
CHAIRWOMAN HILLER: County Manager?
Item #2A
APPROVAL OF TODAY'S CONSENT AGENDA, AS AMENDED
(EX PARTE DISCLOSURE PROVIDED BY COMMISSION
MEMBERS FOR CONSENT AGENDA.) — APPROVED AND /OR
ADOPTED W /CHANGES
MR. OCHS: Good morning, Commissioners. These are the
proposed agenda changes for the Board of County Commissioners'
meeting of September 24th, 2013.
First proposed change is to add Item 10.G at Commissioner
Nance's request. This is a recommendation to authorize the Chair to
send a letter to the University of Florida, expressing concern and
requesting the inclusion of Collier County agribusiness industry and
public sector stakeholders in discussions regarding recently announced
changes in staffing, services provided, and the future of the University
of Florida IFAS, Southwest Florida Research and Education Center.
Again, that's added at Commissioner Nance's request under
Board of County Commissioners Item 10.G.
The next proposed change is to withdraw Item 16.D.7 at staff s
request.
Next proposed change is continue Item 16.E.8 to the October 8th,
2013 BCC meeting. That's made at staff s request.
Next proposed change is to move Item 16.K.3 from the County
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September 24, 2013
Attorney consent agenda to become Item 12.1) under County Attorney
regular agenda. And that change is made at Commissioner Coyle's
request.
We have a few agenda notes this morning, Commissioners. The
first is a recommendation from me that you consider hearing Items
10.D, 10.E and 14.A.1 together, and discuss those together before
individually voting upon each item.
Next proposed note is to include item -- in Item 1 LC the
additional legal considerations that you have before you on your
change sheet that the County Attorney provided that gives you
additional information about your authority under Florida statutes
when it comes to economic development awards.
Item 16.K.3, there's a small typo in the body of the executive
summary. The word commissioner for Planning Commissioner
should be Planning Commission.
Next proposed change is on Item 16.K.4, and there's also a small
typo in the executive summary. There's a reference to the word
measurable goals and objects; it should be measurable goals and
objectives. Those changes are made at Commissioner Fiala's request.
And we have a number of time certain items scheduled this
morning, Commissioners. The first is Item 1 LA to be heard at 10:00
a.m. And that is the Isles of Capri discussion with the merger
potentially with East Naples Fire Department.
There's a court reporter break at 10:20.
At 10:30 we're scheduled to hear items 10.D and E, and 14.A.1.
Those are three items related to the future organizational structure of
your airports, and also a consideration of a potential contract award
for consulting services for the airports.
Immediately following that item you're scheduled to hear Item
14.A.2, which is the review of the performance evaluation for your
executive director of your airport authority.
At 11:00 a.m. you're scheduled to hear Item 1 1.E. That is a
September 24, 2013
consideration of a certificate of public convenience and necessity
request from Big Corkscrew Island Fire Control District.
At 11:30 a.m., you'll hear Item 13.A. That's the presentation of an
internal audit report from the Clerk of Courts staff.
Then finally, Commissioners, Item 12.C, which is consideration
of an emergency action to help mitigate flooding on a private road,
namely Platt Road, would be heard immediately following Item 12.B,
which is the discussion of a potential board policy that would allow
for repair, emergency repair of private roads for certain emergency
conditions.
And those are all the changes I have, Madam Chair.
CHAIRWOMAN HILLER: Thank you.
I have a few proposed changes. I'd like to begin with the County
Attorney.
County Attorney, I believe the agenda item related to the
mediated settlement with Quality Enterprises is at the moment on
consent and you'd like to see that moved forward to the general
agenda?
MR. KLATZKOW: Yes, ma'am.
CHAIRWOMAN HILLER: And I will make a motion to move
the item from consent to general, and simultaneously make a second
motion to continue that item. Is that acceptable?
MR. KLATZKOW: I have no objection.
CHAIRWOMAN HILLER: Thank you.
May I have a second?
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Thank you.
All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
Page 9
September 24, 2013
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
The next change that I'd like to propose is with respect to Item
161.4 which is on the consent relating to the hiring of a lobbyist. The
selected lobbyist is unable to be here today and would like to speak.
And as a result, I'd like to make a motion to continue that item to the
next board meeting.
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: Thank you.
Any discussion?
(No response.)
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries.
And the third item is Item 16.C.3, which I'm asking to be
continued so an administrative matter can be resolved and the matter
can be brought forward as resolved at the next board meeting.
COMMISSIONER FIALA: What is the subject?
CHAIRWOMAN HILLER: The subject is the payment with
respect to an additional charge related to the movement of utility pipes
at the 941 project, FDOT project.
COMMISSIONER FIALA: My question is if we move that to
another meeting, will we be penalized?
CHAIRWOMAN HILLER: No, we will not.
MR. OCHS: Commissioners, I would not want to move this
beyond the next meeting. I'm very concerned about that --
CHAIRWOMAN HILLER: There's no issue. I've actually been
in contact with the district secretary, Billy Hattaway. We will not be
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September 24, 2013
penalized financially in any way. There's absolutely no problem. The
matter will be resolved.
There is an agreement between the parties as to how that should
be done. Crystal Kinzel, the Finance Director, is in the process of
drafting a Letter of Understanding which will be forwarded to
everyone, so the resolution -- and again, this is a ministerial matter,
not a policy decision that we're addressing.
Yes, sir.
COMMISSIONER COYLE: I have a question.
CHAIRWOMAN HILLER: Yes.
COMMISSIONER COYLE: We've been wrestling with this
issue for at least a year or more. And every time the issue comes up
there's always something else that needs to be done to satisfy the
Clerk's requirement to pay it. It's like peeling an onion.
How do we know that this most recent agreement will in fact
resolve this issue once and for all and stop all these delays associated
with state program projects?
CHAIRWOMAN HILLER: And I will go ahead and bring
forward an executive summary at the next board meeting to address
your concern, because I agree with you, this is something that we do
need to address and finalize and not have itself repeat over and over
again. So I couldn't agree with you more, Commissioner Coyle, and
I'll take care of getting that done for you.
COMMISSIONER COYLE: Okay.
CHAIRWOMAN HILLER: Thank you.
Did I get a second on that? May I have a second?
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Thank you.
I'm like --
COMMISSIONER FIALA: You didn't make a motion.
CHAIRWOMAN HILLER: Okay, forgive me. Well, let me
make a motion again just restating what I thought I said, was that we
Page 11
September 24, 2013
will continue 16.C.3 and bring it back at the next meeting and the
county will not be in any way financially penalized by the delay.
COMMISSIONER NANCE: And that's my second.
CHAIRWOMAN HILLER: Thank you.
Any discussion?
(No response.)
CHAIRWOMAN HILLER: There being no discussion, all in
favor?
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Let me also add that --
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Thank you. Let me add --
COMMISSIONER HENNING: Opposed to it.
CHAIRWOMAN HILLER: Oh, you're opposed to it?
COMMISSIONER HENNING: Yeah. I heard from the County
Manager that he would like to keep it on there. There's no reason why
we can't discuss the item on the regular agenda.
CHAIRWOMAN HILLER: Okay, thank you. Motion carries
4 -1.
And I'd like to say thank you very much to the District Secretary
Billy Hattaway for doing an outstanding job in resolving the concerns
of everybody involved.
COMMISSIONER FIALA: Do you think we ought to tell the
audience what we're talking about?
CHAIRWOMAN HILLER: Yeah, we can. Basically it's -- the
issue involves whether or not the Clerk has the ability to prepay an
expenditure related to a project.
COMMISSIONER FIALA: To the State of Florida.
Page 12
September 24, 2013
CHAIRWOMAN HILLER: It really doesn't matter to whom,
because the bottom line is whether or not the Clerk has the ability to
prepay.
And secondly, if the Clerk does make a payment, whether he has
the ability to audit that payment, in this case as it relates to a State of
Florida project, which is the second part.
And the -- as it relates to the particular expenditure with respect
to this project, a resolution has been arrived at between the state, the
Clerk and the county. And again, it is an issue with respect to how the
county pays. Because just for the benefit of the audience, the county
always pays by reimbursement, not ahead. So we reimburse, we don't
advance pay.
COMMISSIONER FIALA: People in Florida do work this way
with the state on projects when the state says, you know, we'll pay
you, you have to make an advance, and that's just the way it's always
been done.
CHAIRWOMAN HILLER: Which isn't necessarily correct, by
the way.
COMMISSIONER FIALA: Well, okay. And so we've heard
from the Attorney General, he said there's no problem doing that.
Then we heard from a --
CHAIRWOMAN HILLER: No, we have never heard from the
Attorney General.
COMMISSIONER FIALA: Whose letter is that from?
CHAIRWOMAN HILLER: There was a letter that was given to
us by a retired judge, but that's a non - binding opinion.
COMMISSIONER FIALA: And the Attorney General -- well,
they didn't say exactly, they just said everybody does it this way so
there's no problem. And so it's something that we have to decide what
to do because this is going to hold us up on projects, and it can cost us
an awful lot of money.
State said if you don't do this, that's fine with us because we're
Page 13
September 24, 2013
going to start on so- and -so date, but then you are going to pay all of
these expenses rather than us out of your own pocket. So it could cost
us hundreds of thousands of dollars, so --
CHAIRWOMAN HILLER: Well, the good news is is we have --
we're going to have no further discussion on this matter. The matter
has been continued. If there's any further discussion, it will be held
when this matter is on the agenda so the public can read the backup
material. And if the public would like to participate in the discussion,
that they have the opportunity to do so as well.
But again, it's been voted on and now we're going to move to the
next item on the agenda, which is 2.A.
County Manager?
MR. OCHS: Yes, ma'am, it's approval of today's consent agenda as
amended. Ex parte disclosures provided by Commissioner members
for consent agenda items.
CHAIRWOMAN HILLER: Thank you. We'll begin with ex
parte disclosure.
Commissioner Coyle?
COMMISSIONER COYLE: With respect to ex parte disclosure
on the consent agenda, I have disclosure for 16.A.3. It includes
correspondence from the Mento group. And it is dated March 27th,
2013.
I have no other disclosure for the consent agenda.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes, I have the same. I have 16.A.3.
I've had meetings, correspondence, emails and calls, and I've gone out
to see the property a number of times. This is on the Isles of Collier
Preserve.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: No ex parte communication and
no changes.
CHAIRWOMAN HILLER: Thank you.
Page 14
September 24, 2013
And Commissioner Nance?
Aye.
COMMISSIONER NANCE:
No ex parte for today's consent
agenda.
COMMISSIONER COYLE:
CHAIRWOMAN HILLER:
And I have also no ex parte for
today's consent agenda.
CHAIRWOMAN HILLER:
With that, I'll make a motion
to accept the consent agenda as
amended.
COMMISSIONER FIALA:
Motion.
CHAIRWOMAN HILLER:
May I have a second?
COMMISSIONER NANCE:
Second.
CHAIRWOMAN HILLER:
Thank you.
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 #2B
APPROVAL OF TODAY'S SUMMARY AGENDA AS AMENDED
(EX PARTE DISCLOSURE PROVIDED BY COMMISSION
MEMBERS FOR SUMMARY AGENDA.) — ADOPTED
MR. OCHS: Item 2.B is approval of today's summary agenda as
amended. Ex parte disclosure provided for summary agenda items,
please.
CHAIRWOMAN HILLER: Commissioner Coyle?
Page 15
September 24, 2013
COMMISSIONER COYLE: I have ex parte disclosure for 17.B
of the summary agenda and for 17.C.
With respect to 17.B, I have reviewed the staff report dated July
the 18th of 2013 and had a meeting with Bob Mulhere on September
the 23rd, 2013.
And on Item 17.C, I have reviewed the staff report dated August
1st, 2013.
CHAIRWOMAN HILLER: Go ahead, Commissioner Fiala.
COMMISSIONER FIALA: Yes, thank you. I too have met with
Bob Mulhere on 17.B. That's the Boxwood RPUD and now known as
Tuscany Point. And also I read a staff report.
And then on 17.0 I just talked with staff about that.
CHAIRWOMAN HILLER: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: I have received the staff report
on 17.B and 17.C.
CHAIRWOMAN HILLER: Thank you.
Commissioner Nance?
COMMISSIONER NANCE: Yes, on 173 of the summary
agenda I've looked at the staff report and had telephone conversations
and emails with Mr. Bob Mulhere. And on 17.0 I've reviewed the
staff report.
CHAIRWOMAN HILLER: Thank you. And I have received
and reviewed the staff reports for 17.B and 17.C.
May I have a motion to accept the summary agenda as amended?
COMMISSIONER HENNING: Move to approve.
CHAIRWOMAN HILLER: May I have a second?
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER:
favor?
There being no discussion, all in
Page 16
September 24, 2013
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #2C
APPROVAL OF TODAY'S REGULAR AGENDA, AS AMENDED.
- NO MOTION /NO VOTE TAKEN; DISCUSSION ONLY
REGARDING ITEM #I OC — MOTION TO CONTINUE THE
SELF - APPRAISAL PORTION TO THE FIRST MEETING IN
NOVEMBER AND ACCEPT THE PSA EVALUATIONS —
APPROVED
MR. OCHS: Item 2.0 is approval of today's regular agenda as
amended.
COMMISSIONER FIALA: I'd like to ask a question before we
go into that.
We have a lot of big items jammed up in a short time. For
instance, at 10:00 we have Isles of Capri and we only give them 20
minutes, and I would bet that they're going to need longer than that to
comment and so forth and for us to hear the public.
And then at 10:30 we have the airport thing. And gosh, we know
that's going to be a big subject. So -- and that's only till 11:00.
Then at 11:00 we have another and at 11:30 we have another.
What are we going to do about hearing everyone and giving
everybody their time to express their concerns?
CHAIRWOMAN HILLER: Of course. To begin, let's take the
first item, which is the issue with respect to the Isles of Capri. We're
not here to debate the merits of whether they should or shouldn't
Page 17
September 24, 2013
merge or what the arrangement should be. The only thing we're doing
today is having staff report to us our options with respect to how a
referendum can be conducted. And then what staff will do is they will
go back and discuss with each commissioner what the options are with
respect to the wording on the ballot which will then come back for a
final vote at the next meeting.
COMMISSIONER FIALA: Yes, I understand all of that, but --
because I read it thoroughly. But we have people in the audience here
from Isles of Capri who might want to say something. Not only that,
but I've had added a few things to the ballot, but people don't know
that. And I would like to discuss that. I just want to make sure that
they get their fair time.
CHAIRWOMAN HILLER: And I think it should be okay.
Because again, we're not addressing the merits of the issue, we're
simply talking about the procedural aspect of the ballot.
COMMISSIONER FIALA: But the question is, if we don't
finish each one, what do we do then? I mean, if one lies over into the
next, do we cut them off and say come back in the afternoon or do we
hear one whole subject? I just want to know the rules of the road here.
CHAIRWOMAN HILLER: What I'd like to do is have them
come back in the afternoon, but I do think that we'll be able to
accomplish, if we stay on topic, which is essential in light of the
discussions that we're having. For the benefit of the public, we need
to stay very focused on an exactly what is being presented.
COMMISSIONER FIALA: And as long as we don't talk too
much.
CHAIRWOMAN HILLER: Right. No, we can talk as much as
we need to talk. But again, if we focus on the subject and stay within
the boundaries of what the agenda provides, then we should be able to
stay on task.
COMMISSIONER FIALA: I hope so. I just wanted to know
what we're going to do in case we do not.
September 24, 2013
CHAIRWOMAN HILLER: What we'll do is if more time is
needed, they can come back in the afternoon. But I think if we stay on
topic that we will be able to move forward in the time provided.
COMMISSIONER HENNING: Question, comment?
CHAIRWOMAN HILLER: Yes.
COMMISSIONER HENNING: Dr. Tober's performance
evaluation --
CHAIRWOMAN HILLER: Yes.
COMMISSIONER HENNING: -- on the agenda today. I spoke
to the Doctor. He's not able to attend today's meeting. So if there's a
desire, questions, comments that the Doctor needs to be here, then we
should continue that. However, I feel that it's only a performance
evaluation and it doesn't -- he doesn't need to be here. But I'm just one
commissioner.
CHAIRWOMAN HILLER: And I actually have waited on
giving his evaluation, because we have investigations which are
ongoing that we have not heard back from the County Manager as to,
you know, whether there is an issue or not. And I don't think in my
opinion it's fair to evaluate Dr. Tober pending the outcome of those
questions that were raised that are being evaluated currently.
So I for one am -- you know, I would be happy to continue the
item so that when the County Manager does bring back his report that
Dr. Tober is here to address it and that he can be fairly evaluated on
the merits of the outcome of the questions asked and the answers
provided.
So I would move to continue Dr. Tober's evaluation and --
COMMISSIONER FIALA: I'll second that.
County Manager, will that cause any problems?
MR. OCHS: No, ma'am, I don't believe so. Really, that's a
question for Dr. Tober. But I would expect to have the review to the
Board by no later than your second meeting in October. So you may
want to consider his evaluation for your November meeting, perhaps,
Page 19
September 24, 2013
if that --
CHAIRWOMAN HILLER: I think that's fair. If that -- if you
can consult with him and make sure he's agreeable to that. Because he
should really have the opportunity to be here and to address whatever
you raise, you know, positive or otherwise.
MR. OCHS: Yeah, I'd be happy to do that, Madam Chair.
CHAIRWOMAN HILLER: Great. Then I'll make a motion --
did I already make a motion to move?
COMMISSIONER FIALA: I don't know. If you made a motion,
I'll second it.
CHAIRWOMAN HILLER: Okay, so we're going to -- so the
motion has been made to continue Dr. Tober's evaluation to the first
meeting in November.
COMMISSIONER COYLE: I have a question and a comment.
CHAIRWOMAN HILLER: Yeah, go ahead, Commissioner
Coyle.
COMMISSIONER COYLE: The agenda item is not to evaluate
Dr. Tober, it is to accept the evaluation which has already been made
by the members of the PSA. It is not --
CHAIRWOMAN HILLER: And our evaluations.
MR. OCHS : Well, actually, you're both right. It's a two -part
recommendation. It's to accept the report from the PSA and then also
to perform the evaluation.
COMMISSIONER COYLE: But for those Commissioners who
have not submitted an evaluation by this point in time, there is no way
to do that at all. So we should bifurcate this issue and accept the
evaluation by the PSA and delay the evaluation of Dr. Tober until this
Board has properly submitted their evaluations.
CHAIRWOMAN HILLER: I don't have a problem with that.
COMMISSIONER COYLE: And I should also --
CHAIRWOMAN HILLER: I don't have a problem with that.
That's fine. I'll amend my motion accordingly.
Page 20
September 24, 2013
COMMISSIONER COYLE: Okay.
CHAIRWOMAN HILLER: So we'll carry forward the
acceptance of the PSA's evaluation and continue, if you will, the
evaluation by the Board.
Will you amend your second?
COMMISSIONER FIALA: (Nods head affirmatively.)
CHAIRWOMAN HILLER: Thank you.
Is there any further discussion?
(No response.)
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. OCHS: For the record, that is Item 10.0 on your published
agenda.
Page 21
Proposed Agenda Changes
Board of County Commissioners Meeting
September 24, 2013
Add On Item 10G: Recommendation to authorize the Chair to send a letter to the University of Florida
expressing concern, and requesting the inclusion of Collier County agribusiness industry and public sector
stakeholders in discussions regarding recently announced changes in staffing, services provided, and the
future of the UFAFAS Southwest Florida Research and Education Center (SWFREC) in Immokalee, FL.
(Commissioner Nance's request)
Withdraw Item 16137: Recommendation to approve the Rivers Road Preserve Final Management Plan
under the Conservation Collier Land Acquisition Program. (Staffs request)
Continue Item 16E8 to the October 8.2013 BCC Meeting: Recommendation to authorize the County
Manager and staff to use the Federal GSA schedules (i.e. Schedule 70 and 1122 Program); the State of
Florida Contracts, Agreements and Price Lists; competitively solicited contracts by US Communities,
Western States Contracting Alliance, National Intergovernmental Purchasing Alliance (NIPA),
National joint Powers Alliance (N)PA) public purchasing consortiums; and, competitive solicitations
from State of Florida cities, counties, and other public municipalities (i.e. Sheriffs Association) for the
efficient purchase of goods and services for the delivery of public services and for which funds were
approved in operating budgets. (Staffs request)
Move Item 16K3 to Item 12D: Recommendation to authorize the County Attorney to advertise for future
consideration an ordinance which would amend Ordinance No. 2013 -25, the Collier County Hearing
Examiner Ordinance. (Commissioner Coyle's request)
Note:
Items 10D, l0E and 14A1: It is recommended that these items be heard and discussed together, before being
individually voted upon.
Item 11C Legal Considerations should read: This item has been reviewed by the County Attorney. Fl.
Stat. Section 125.045 (County economic development powers) grants the Board extremely broad home rule
powers with respect to economic development. Any Board approved Economic Development Incentive
Program will always only be a part of the County's overall economic development tools, with the Board
retaining the broad powers under Fl. Stat. Sec. 125.045 to enter into an individual economic development
agreement tailored to meet the needs of particular economic development project. With that noted, this item
is approved as to form and legality, requiring majority support for approval. -JAK (County Attorney's
request)
it 16K3 Executive Summary and proposed Ordinance should read: Conditional Uses. ...any
member of the Board of County Commissioners may direct any conditional use to be heard by the
Planning Commissioner Commission in an advisory committee... (Commissioner Fiala's request)
Proposed Agenda Changes
Board of County Commissioners Meeting
September 24, 2013
Page 2
Item 16K4 Executive Summary should read: "Employer and Employee shall negotiate ... a performance
based merit system through which Employee shall be eligible for a merit adjustment upon the
successful completion of measurable goals and objects objectives to be completed or attained by the
Employee..." (Commissioner Fiala's request)
Time Certain Items
Item I IA to be heard at 10:00 a.m.
Court Reporter Break at 10:20 a.m.
Items IOD, 10E, 14A1 to be heard and discussed together, before being individually voted upon and heard at
10:30 a.m.
Item 14A2 to be heard immediately following IOD, 10E and 14A1
Item 11E to be heard at 11:00 a.m.
Item 12C to be heard immediately following Item 12B
Item 13A to be heard at 11:30 a.m.
September 24, 2013
Item #3A
SERVICE AWARDS — EMPLOYEE — 20 YEAR ATTENDEES
MR. OCHS: Commissioners, Item 3 is your service awards. If
you'd join us in front of the dais, please.
Commissioners, we're pleased to present several awardees this
morning. First, for 20 years of service with our Water Department,
Yves Cazimir.
(Applause.)
MR. OCHS: Twenty years of service with the Water
Department, Gary Gangi.
(Applause.)
MR. OCHS: Celebrating 20 years of service with Road
Maintenance, Travis Gossard. Travis?
(Applause.)
MR. OCHS: Celebrating 20 years of service with our
Environmental Services Group is Stephen Lenberger. Steve?
(Applause.)
Item #3B
SERVICE AWARDS — EMPLOYEE — 25 YEAR ATTENDEES
MR. OCHS: Commissioners, these next three employees are
recognized for 25 years of county government. Our first awardee
from Transportation Engineering, John Conti. John?
(Applause.)
MR. OCHS: Next 25 -year recipient from our EMS Department
is Sam Poole.
(Applause.)
MR. OCHS: Also celebrating 25 years of service this morning
Page 22
September 24, 2013
with EMS, Kevin Potter.
(Applause.)
MR. OCHS: Commissioners, that concludes our service awards
this morning. Thank you.
Item #4
PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT BOTH
PROCLAMATIONS
Item #4A
PROCLAMATION RECOGNIZING AND CONGRATULATING
GOLISANO CHILDREN'S MUSEUM OF NAPLES ON
RECEIVING THE WRAP AWARD FOR ITS CONTINUED
EFFORTS TO PROMOTE WASTE REDUCTION, REUSE AND
RECYCLING AND FOR SUSTAINING THE USABLE LIFE OF
THE COLLIER COUNTY LANDFILL. ACCEPTED BY
KARYSIA DEMAREST, MANAGING DIRECTOR; BETH
HOUSEWERT, CURIOUS KIDS COORDINATOR; AND DAVE
GRIMARD FACILITY MANAGER — ADOPTED
MR. OCHS : Madam Chair, that takes us to Item 4 on your
agenda this morning, Proclamations. Item 4.A is a proclamation
recognizing and congratulating Golisano Children's Museum of
Naples on receiving the WRAP award for its continued efforts to
promote waste reduction, reuse and recycling, and for sustaining the
usable life of the Collier County Landfill. To be accepted by Karysia
Demarest, Managing Director, Beth Housewert, Curious Kids
Coordinator, and David Grimard, Facilities Manager. This item is
sponsored by Commissioner Hiller.
(Applause.)
Page 23
September 24, 2013
MS. DEMAREST: My name is Karysia Demarest, I'm the
Managing Director of the Golisano Children's Museum of Naples.
I would like to thank the Board of County Commissioners for
allowing us to be here today and for the Solid and Hazardous Waste
Management Department for awarding us with the WRAP award.
We received the WRAP award as a result of the recycling that we
do in the museum. Our museum is the only museum in the
Association of Children's Museum network that has received a Gold
LEED Certification. That's a pretty prestigious award.
We do lots of things inside the museum to help with recycling.
Throughout the entire museum we have recyclable containers to allow
visitors to put their items in the recycle bin. Recycle bin then goes out
to the dumpsters outside; we have one for trash and one for recycling.
We also teach the visitors about recycling. We have an entire
exhibit that is used to show the visitors how they can recycle, from
using glass bottles to make tiles on the floor, using blue jeans to make
insulation. There's a great exhibit there that tells you all about the
recycling we do.
We also collect rainwater. We have a 10,000 gallon cistern and
we use that rainwater to flush our toilets in the museum and to water
our landscaping.
We have a wind turbine on top that generates electricity. We
have a panel that the visitors can use and actually see what's
happening during the museum on any given day with the water and
electricity.
We also recycle materials in our programming. We teach the
children to use and reuse. We use egg cartons to make teeth for
alligators, we use paper to make alligators themselves, surrounded
around chicken wrap. We have one in our boardroom right now, if
you'd like to stop by and see it. Those are all the things that we do and
many, many more. And I would encourage you to come share them
with us.
Page 24
September 24, 2013
CHAIRWOMAN HILLER: And I would like to say, I was
remiss because there were actually a few recyclables over here that we
didn't give you when you were standing up for your photograph, so if
you could come back. And we have an award for you and we'll take
another picture with these awards.
If you want to recycle this, it would be great as part of your
flooring.
COMMISSIONER FIALA: No, no, no.
CHAIRWOMAN HILLER: Over here. Oh, come on, guys,
come on down. No, no, we insist.
And then of course this can be recycled as well. Plastics, what
did you make, straws out of them or something like that?
MS. DEMAREST: We make all sorts.
CHAIRWOMAN HILLER: The kids would love it. So
congratulations again. We'll take one more photograph.
(Applause.)
Item #4B
PROCLAMATION RECOGNIZING SEPTEMBER 15TH
THROUGH OCTOBER 15TH AS NATIONAL HISPANIC
HERITAGE MONTH IN COLLIER COUNTY. ACCEPTED BY
ANDREW SOLIS, PRESIDENT/DIRECTOR, COUNCIL OF
HISPANIC BUSINESS PROFESSIONALS, INC.; CARLOS
AMARIS, VICE PRESIDENT/DIRECTOR, COUNCIL OF
HISPANIC BUSINESS PROFESSIONALS, INC.; LUIS BERNAL,
SECRETARY/DIRECTOR, COUNCIL OF HISPANIC BUSINESS
PROFESSIONALS, INC.; JARED HOLES,
TREASURER/DIRECTOR, COUNCIL OF HISPANIC BUSINESS
PROFESSIONALS, INC.; MARIO VALLE, MAGGIE ALVAREZ,
AIREL PECHOKAS, CARLOS RODRIGUEZ, ADRIANA
BUITRAGO AND YVETTE SACO, DIRECTORS, COUNCIL OF
Page 25
September 24, 2013
HISPANIC BUSINESS PROFESSIONALS, INC. — ADOPTED
MR. OCHS: Item 4.B is a proclamation recognizing September
15th through October 15th as National Hispanic Heritage Month in
Collier County. To be accepted by Carlos Amaris, Vice President and
Director of Council of Hispanic Business Professionals, Incorporated;
Luis Bernal, Secretary/Director, Council of Hispanic Business
Professionals, Incorporated; Jared Holes, Treasurer and Director,
Council of Hispanic Business Professionals, Incorporated; Mario
Valle, Maggie Alvarez, Yvette Saco and Paula DeGregoly. And this
proclamation is sponsored by Commissioner Fiala.
If you'd please step forward and receive your award.
COMMISSIONER FIALA: You guys add an awful lot to our
community.
(Applause.)
MR. BERNAL: Good morning, everybody, distinguished
County Commissioners, County Manager, county staff members of
the public, friends. My name is Luis Bernal. I'm speaking on behalf
of the members and directors of the Council of Hispanic Business
Professionals, CHBP.
As founder and former president of the Council, I want to convey
our satisfaction for the Collier County government joining us in
celebrating the 2013 Hispanic Heritage Month, as well as 500 years of
Hispanic Florida history.
Likewise, the Hispanic Council is celebrating its fifth anniversary
of legal constitution out of eight years of actual existence in Collier
County.
Today we want to thank the people of Collier County for giving
us the opportunity to serve them. As a nonprofit organization formed
by volunteer professionals, Hispanic and non - Hispanic, some even
residents just like me and some of us supporting other organizations
which serve underprivileged members of our community, as well as
Page 26
September 24, 2013
collaborating in a good numbers of balls, events and public service
initiatives.
The Hispanic Council mission is to promote Hispanic business
and professionals in their ongoing efforts to building a prosperous
community for everyone by working in the areas of business,
entrepreneurship, education and culture.
Thank you, Commissioner Fiala, for supporting this
proclamation. We want to invite you all to join us in our purpose. We
want you to come and (unintelligible) your responsibilities as public
servers, and certainly we want to thank you for today's proclamation.
Thank you very much.
CHAIRWOMAN HILLER: Thank you.
(Applause.)
MR. OCHS : Madam Chair, if I may have a motion to approve
today's proclamations.
COMMISSIONER FIALA: Motion to approve today's
proclamations.
CHAIRWOMAN HILLER: May I have a second?
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: 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 #5A
Page 27
September 24, 2013
RECOGNIZING SIMON CLEVELAND, APPLICATIONS
ANALYST, INFORMATION TECHNOLOGY, AS THE
EMPLOYEE OF THE MONTH FOR AUGUST 2013 —
PRESENTED
MR. OCHS: Item 5.A is a recommendation to recognize Simon
Cleveland, Applications Analyst with the Information Technology
Department, as the Employee of the Month for August, 2013.
Simon, please step forward and receive your award.
(Applause.)
MR. OCHS: Commissioners, let me tell you a little bit about
Simon while he gets his photo taken with you.
Simon has been an employee of the county for over eight years,
as I said, working with our Information Technology Department. He
is the primary support IT staff for your automated building permit and
land use review system known internally as CityView. As you know,
it's a very complex system, very important to the business community,
and Simon is really the backbone support from the IT staff with that
particular application.
In order for our employees in the field to accomplish their
day -to -day functions, it's critical that this program be operational by
the time they begin working in the early morning shifts.
Simon, for example, was called out recently at 5:00 a.m. to
resolve an issue with the software being unresponsive, and instead of
doing that from his computer he decided to go out into the field, work
with the staff, find out exactly what the problem was, and not only fix
that particular problem but look for longer term solutions to modify
that software to make sure that not only will those problems not recur
but that we can find better ways to -- cheaper and faster ways to get
the job done. And that's what Simon's all about. His affable
personality, customer service and technical skills make him very
deserving of this award.
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September 24, 2013
And Commissioners, it's my honor to present Simon Cleveland,
your Employee of the Month for August, 2013. Congratulations.
(Applause.)
MR. OCHS: Thanks, Simon. Well done.
CHAIRWOMAN HILLER: Thank you very much.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS
MR. OCHS : Madam Chair, that takes us -- he's got his own fan
club back there. That's good.
Item 7 is public comments on general topics.
MR. MILLER: Madam Chairwoman, we have three public
speakers today. We do have an unusual request to cede time. Bob
Krasowski has had a request for John Lundin to cede time for him.
We had another one but that has been withdrawn.
CHAIRWOMAN HILLER: Yeah, we will not do that. We give
everyone three minutes during public comment and I can't start
making an exception now that we've never made before, it would be
inappropriate. So we're going to limit everybody to three minutes.
CHAIRWOMAN HILLER: Your first speaker then is Jim
Flagler. He'll be followed by Bob Krasowski.
MR. FLAGLER: My name is Jim Flagler, a 30 -year resident of
Collier County.
CHAIRWOMAN HILLER: Excuse me, before you begin, could
you please -- can we make sure the door remains closed? Thank you.
MR. FLAGLER: And for those who -- I think everybody in this
room knows me by now. So I would suggest if you do not, that you
would Google the name Henry Flagler. Google that and there's -- I
think you'll find some power there.
Today I'm announcing the establishment of a third party in
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September 24, 2013
Collier County, the Independent Party of Collier County. And of
course for the State of Florida, the Independent Party.
Now, I would like in the fall if we can find the appropriate
candidates to run, to see a commissioner sitting up there from the
Independent Party. That party stands for truth and for justice and for
God and Country. So I -- that's why I'm here. And hopefully you all
have that -- and I would like to appeal to all of you today or to the
Commissioners as time goes on. We would like you to join the
Independent Party. We're not on the right, the damaging right, we're
not on the left, the damaging left, we're right in the middle, doing
things that are truthful and honest. And I think we can do that. I think
the time is right.
I talk to a lot of people in this county, to young people and, you
know, they totally distrust government. How about bringing trust
back into government? I hope that I can find the right candidates to
run against -- run against the beautiful commissioners we have here.
By the way, I honor each of you for your service to this county. I
know Donna Fiala the best and the one I like probably -- I can't say
the most because Georgia Hiller, bless her heart, I was out there on
Friday afternoon, along with a lot of other people, and I had the
opportunity of giving her -- I can now call her all wet, because I
dunked her. Dunk, dunk, dunk. And you know what? She's a good
sport. And so is Tom Henning a good sport. And the best one of all is
when I got to dunk Dwight Brock.
Anyway, I need your support for the Independent Party of Collier
County, the State of Florida.
CHAIRWOMAN HILLER: Thank you.
(Applause.)
MR. MILLER: Your next public speaker is Bob Krasowski.
He'll be followed by John Lundin.
MR. KRASOWSKI: Good morning, Commissioners. My name
is Bob Krasowski. John Lundin has given me his three minutes.
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September 24, 2013
MR. MILLER: We don't cede time during public comments.
CHAIRWOMAN HILLER: No, we don't cede.
MR. KRASOWSKI: Oh, you don't? Okay. Well, I don't know if
he wants to speak. That will be up to him.
Good morning. I wanted to just touch on a few brief things,
some comments you made after last Commission meeting on the
beach nourishment issue. And let's see, I have written it down. And I
wanted to make a point that I'm one of the two people that are
attempting to get a hearing, an administrative hearing on the issue.
Just to get the issue out of local politics and bring it up to the
permitting agency.
And after speaking then, Commissioner Henning expressed
disappointment that this was being done because he said the
environmental experts that are in the county have sided in favor of it.
Now, the only environmental experts I've seen here were Nicole
Johnson from The Conservancy. And she explained that they weren't
supporting it, they just were not objecting to the permits because they
had negotiated an agreement to go a little into the end and a little into
the beginning.
So I asked Commissioner Henning -- and I've been over the last
year and a half to many, many if not all of the Coastal Advisory
Commission meetings, the Tourist Development Council meetings
that funds the beach project to your meetings on this issue, and there
hasn't been a single expert, aside from Nicole speaking on behalf of
The Conservancy experts, in front of any one of those groups. This
has been since the joint meeting of 2011 in the city. This has been a
push for the 10 -year project and all that that entails.
So I'd like to see the experts. I'd like to have them come out and
have Commissioner Henning, rather than -- I don't know, maybe
they're hiding in the back there and you can bring them out or they're
in your pocket somewhere.
And then Commissioner Nance said he'd like to see wider
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September 24, 2013
beaches for the turtles and the public. Certainly for the public. The
turtles lack no area of beach for them to successfully nest now in
Collier County beaches. All of those beaches are adequate for turtle
nesting. So you're only doing it to accommodate the beachgoers and
tourist season.
And then Commissioner Coyle expressed his disappointment,
which I'm disappointed that he's disappointed that someone's
following a process that so many people give highly to protect.
And I appreciated Commissioner Fiala's comment that we should
start looking forward and maybe start negotiating a dredge deal.
And then Commissioner Hiller, your comments on the dredge
and having a regional approach, that train left the station a long time
ago. That was part of the 10 -year plan that you objected to mainly
because of the volumes.
CHAIRWOMAN HILLER: No, that's not correct, I'm sorry.
MR. KRASOWSKI: Well, that's my opinion, so you're wrong.
MR. OCHS : Madam Chair, you --
MR. KRASOWSKI: I ran out of time, how convenient.
Is that true, am I out of time?
CHAIRWOMAN HILLER: Yes, sir.
MR. KRASOWSKI: Okay.
MR. OCHS: Madam Chair, you have a 10:00 a.m. time certain.
CHAIRWOMAN HILLER: Yes, we do, we have a time certain.
So the public speaking portion will continue into the afternoon with --
MR. MILLER: That was it.
CHAIRWOMAN HILLER: Oh, okay, that was it? Thank you.
Item #1 I A
OBTAINING PUBLIC INPUT INTO THE PROCESS OF
DETERMINING THE FUTURE OF THE ISLES OF CAPRI FIRE
DISTRICT — MOTION TO ACCEPT SURVEY AS PRESENTED,
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September 24, 2013
MAIL TO PROPERTY OWNERS AND REVIEW FACT SHEET
AT THE OCTOBER 8TH BCC MEETING — APPROVED
MR. OCHS: That takes us to Item I LA, Commissioners, on
your agenda this morning. It's a 10:00 a.m. time certain hearing.
It's recommendation to obtain public input into the process of
determining the future of the Isles of Capri Fire District.
And your Administrative Services Administrator, Len Price, will
present the proposed ballot survey language.
CHAIRWOMAN HILLER: How many public speakers do we
have?
MR. MILLER: We have four registered speakers.
CHAIRWOMAN HILLER: Thank you.
Ms. Price, would you like to present?
MS. PRICE: Good morning. Len Price, for the record.
After the item went to print, I received some input from some of
the citizens and the advisory committee down in the Isles of Capri.
I've also had some input from a couple of the commissioners. So I'd
like to put up on the visualizer -- I've consolidated all of that and made
sure that there were no conflicts in that language -- and see if we can't
get this approved today.
CHAIRWOMAN HILLER: And if I may say, to the extent that
the consensus on the wording can't be reached today, this item is
intended to be brought back at the next Board meeting with finalized
wording to allow the survey to be conducted in the beginning of
November.
COMMISSIONER FIALA: Will that give us enough time in --
CHAIRWOMAN HILLER: Yes, it does.
MR. OCHS: It will. But, I mean, if there is consensus today,
Madam Chair --
CHAIRWOMAN HILLER: Obviously. I mean, if there is
consensus, we obviously want it. I just want to make sure that the
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September 24, 2013
Board knows now that we have the opportunity to address this at the
next meeting.
MR. OCHS : That's correct.
COMMISSIONER HENNING: I'm okay with this.
MR. OCHS: Commissioners, this includes -- the notes that you
see at the top of the visualizer here would be part of the written ballot
that goes out.
Len, anything else?
MS. PRICE: No, Commissioners. Let me do it this way so I can
see.
What we've done is we've added to the language the fact that the
ambulance location will not be determined by this survey, so that
everybody understands that.
We've added the fact the property owners in Fiddler's Creek are
hoping to take some separate action so that everyone is aware of that
fact as they make their decision.
We've added the fact that it's at least 2.5, if Fiddler's Creek
remains. It would be 2.8 if Fiddler's Creek joins the East Naples Fire
District and the rest of the area does not.
MR. OCHS : In 2015.
MS. PRICE: In 2015, correct.
The bottom part, I had a recommendation that rather than we say
dissolving the Isles of Capri MSTU that we instead add the language,
with any future increase determined by the voters of the new East
Naples Fire District. So everyone would understand that any changes
in millage rate would be by the vote of that group.
With that, I think I've consolidated all of the input that everybody
had and I'm hoping that this could be finalized right there.
COMMISSIONER FIALA: Yes, thank you.
First of all, I just wanted to -- in our agenda it just gives the
initials. I notice that you spelled them out. Now, I think that that's
important, so everybody that's voting knows what they're voting on.
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September 24, 2013
MS. PRICE: Absolutely.
COMMISSIONER FIALA: Okay. Is there -- yeah, you've
already have taken care of that.
Is there an advisory that we can send out to mention that the
equipment that's been purchased with grants stays at that station?
MS. PRICE: I can't say that because we need to get information
-- we need to get approval from FEMA --
COMMISSIONER FIALA: Okay.
MS. PRICE: -- before we can determine the disposition of that
equipment.
COMMISSIONER FIALA: Okay. And you've incorporated
everything else that I mentioned to the County Manager. So I think
that that's it.
I would like to hear from the people. But one of the things I
would ask is when you send out any kind of an advisory, if the people
on Isles of Capri don't want to join the East Naples Fire, and if they
don't want to join Marco Island, and if they -- and if they don't stay
with the county, what would the millage rate be for them to create
their very own personal fire department? We don't have that figure,
obviously. I mentioned it at the last meeting, and I just don't know.
But I've heard that talk floating around. So I just wanted to ask,
because I think that they need to know that too. If they think that -- if
they want to -- not think, if they want to establish their own, they have
to know the costs involved before they can go and vote on this.
MR. OCHS: Commissioner, that's a good point. It's a little bit
speculative, because if they're their own independent fire district, then
that board will have to make a determination on the amount of
administrative staff that they want to hire or they want to contract for
that service.
I would just say in general terms I don't believe it would be any
less than the 2.8 mills that is being projected in 2015 for the MSTU if
Fiddler's Creek leaves that MSTU. And so I would say 2.8 is a
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September 24, 2013
minimum, and maybe more, depending upon the amount of
administrative overhead that this newly formed independent district
would need to take on.
COMMISSIONER FIALA: And with the fire station there,
which we need right there, nobody quibbles with that, how does the
ownership transfer from the county to the fire district? Or does it not?
MR. OCHS: Well, again, I guess we'd have to cross that bridge
if and when we get to it. The Board I believe has the legal authority to
donate an asset following Florida statutes, or you have the opportunity
to sell an asset that you own, so those --
CHAIRWOMAN HILLER: Or we could lease it too.
MR. OCHS: Or lease it. Those would all be options for you to
consider if and when it ever got to that point.
COMMISSIONER FIALA: Right. And I thought that mention
ought to be --
MR. OCHS: Yes, ma'am.
COMMISSIONER FIALA: -- on the record today so that
everybody understands from Capri some of their options. I know
we're just discussing this right now, but they're going to be going to
vote. And they've already got all kinds of stuff going on on Capri.
MR. OCHS: The last thing I'll say about that, and again, we're
getting into the area of speculation, but from my understanding the
only way independent fire control districts are established at least
historically have been through special act of the Florida legislature. So
if they want their own independent fire district, they're going to have
to get that special act drafted and into the local legislative delegation
here probably in a matter of days if they want that voted on during the
legislative session to be effective in the fall of 2015. So if that's where
the majority are going, they better hurry up.
COMMISSIONER FIALA: Yes. So I would like to hear from
the speakers.
CHAIRWOMAN HILLER: That's exactly what I would like to
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September 24, 2013
do.
If you could call the public speakers, and if all the public
speakers could line up in the order of their name being called.
MR. MILLER: Sure. We're going to use both podiums, the first
name to this podium, the second name to that podium.
Jorge Lara, and he'll be followed by David Thomas.
CHAIRWOMAN HILLER: And if you could call the other two
as well.
MR. MILLER: The next two are Jim Hughes and John Rogers.
Mr. Lara?
MR. LARA: Am I all set?
MR. MILLER: Yes.
MR. LARA: Good morning, Commissioners. Jorge Lara. How
are you today? Good, I hope.
This is the first I see of the changes we've added to the actual
voting process here. And, you know, it's -- from my point of view it's
hard not to speculate that, that we're speculating. We're saying if this,
maybe that. You know, the A and B seems okay, it gives the people a
fair shot, do they want it or not. Now we're adding well, if you do this,
this may happen. You know, we don't know that that's going to
happen. That's if everything remains the same --
COMMISSIONER FIALA: I'm sorry.
MR. LARA: -- if property values remain the same. The only
thing we can count on is change.
COMMISSIONER FIALA: Well, what I wanted to do, the
things that you see on all of this is what we've proposed. But I'm
saying, if information is sent out it has to be fair, unbiased, honest
information.
MR. LARA: Definitely.
COMMISSIONER FIALA:
sheet -- I believe I said that --
So I'm saying in the information
CHAIRWOMAN HILLER: Yes, it's strictly information sheet.
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September 24, 2013
COMMISSIONER FIALA: -- if the information sheet is sent out
these things are --
MR. LARA: Okay, but the actual ballot would just be the A and
the B, correct?
CHAIRWOMAN HILLER: That's exactly right.
MR. LARA: And the --
CHAIRWOMAN HILLER: The ballot is strictly A and B.
MR. LARA: The proposals.
And are you folks going to -- how do we -- are you going to
accept any input as to other stuff to put on the fact sheet?
CHAIRWOMAN HILLER: I believe that what will be proposed
is an information sheet which will be put together by staff.
MR. LARA: Yes, ma'am.
CHAIRWOMAN HILLER: That information sheet will come
back to the Board. We can have public discussion for input as to what
could be added or subtracted. That's at a later time --
COMMISSIONER HENNING: That's not true.
CHAIRWOMAN HILLER: Oh, we're not going to do an
information --
COMMISSIONER HENNING: No, the information is in our
agenda packet, correct, Leo?
MR. OCHS: Yes, sir. There's a detailed three -year projection
pro forma as the Board had asked on projected revenues and expenses
and tax rates and taxable value for the MSTU, including both -- both
including and not including the --
CHAIRWOMAN HILLER: So the intent is --
MR. OCHS : -- Fiddler's Creek.
CHAIRWOMAN HILLER: I understand that. My question is
whether or not there will be a fact sheet that will be distributed that
addresses, you know, all those issues that were bought up at the last
meeting as information to the community.
COMMISSIONER FIALA: Commissioner, let me say, at the
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September 24, 2013
last meeting that you're just referring to I stated on the record that I
felt a fact sheet should be composed from all the stakeholders. I
understand they've been meeting on their own and creating their own
facts and we haven't met with them either.
And what we should do very quickly is get a group together who
are going to be the decision makers so that everybody's represented,
somebody from Mainsail Drive and somebody from Capri and our
people and maybe somebody from East Naples Fire, so that we get all
of the things. Right now there's rumors flying and some of them make
people fearful, and that shouldn't be right.
CHAIRWOMAN HILLER: Commissioner Fiala, can I ask you
to spearhead that and go ahead and, you know, start working on
getting --
COMMISSIONER FIALA: Yes, I'll do that right away.
CHAIRWOMAN HILLER: Why don't you work on that --
COMMISSIONER HENNING: That has to be a decision by the
Board of County Commissioners. I'm sorry.
COMMISSIONER FIALA: Okay, fine.
CHAIRWOMAN HILLER: So we'll incorporate that as a motion
towards the end then.
COMMISSIONER FIALA: If you want.
CHAIRWOMAN HILLER: Yeah, let's do that. Let's let the
speaker continue then.
MR. LARA: With that said, if that's what the Commissioners
decide to do as we proceed, then that's going to be fair and equitable to
everyone. And I can tell you, I can assure you as recent as last night,
not firemen but people from the communities, both Fiddler's and Isles
of Capri, have been meeting and bringing up different points that
maybe you would consider putting on the fact sheet.
COMMISSIONER FIALA: That's why I said we should all be
together on this.
MR. LARA: No, no, I totally agree with you.
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September 24, 2013
COMMISSIONER FIALA: And I said it at the last meeting. I
know that -- and I said we shouldn't even be meeting privately, we
should get together and make --
MR. LARA: Yes, ma'am.
COMMISSIONER FIALA: -- decisions as a whole.
CHAIRWOMAN HILLER: We're going to go ahead and make a
motion to that effect and --
MR. LARA: Okay. And with that said --
CHAIRWOMAN HILLER: -- have a separate motion.
MR. LARA: -- I thank you for your time.
CHAIRWOMAN HILLER: Thank you very much.
MR. MILLER: Your next speaker is David Thomas. He'll be
followed by Jim Hughes.
MR. THOMAS: Good morning, Commissioners. David Thomas,
Local 4719 with the IAFF. Thank you for listening to me here today.
This is going about -- this is all going -- saying that Isles of Capri
basically has budgetary problems and can't get out of it. That's
completely untrue. There's options that we could take, there's options
that East Naples has taken in the past to make sure their budget is
basically in line. They've taken pay cuts, they've taken job losses, and
they were lucky enough to get the SAFER grant to hire on nine guys
at their department. And they also took a 30 percent pay cut, I believe
the number is.
That's things that Isles of Capri Fire Department can do as well.
We could crunch numbers. You need to ask the chief or the
administrative assistant, the people that deal with the numbers down
there all the time, what they could do for this department in this
district. It's not necessarily a budget issue.
If we currently go to the level of staffing that is proposed in the
East Naples management agreement, we would have a reserve of
$47,000 for the year 2015. If we fill the -- if Fiddler's Creek leaves
the district and we don't fill the chief s position, we would be budget
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September 24, 2013
neutral for the year of 2015. So these numbers that you're coming up
with for 2.5 at least or 2.8 is not completely accurate. And if you want
to put something on that fact sheet that the residents would know or
like to know, basically the fact of them paying a millage rate of 2.0 in
2007 is less than what they would pay at a 3.0 right now. Or sorry,
what they were paying in 2007 at 2.0 would be considerably higher
than what they're paying at a three millage rate currently because of
those property values.
So if you want to put something on the fact sheet, let them know
that. They're still saving money, even with the higher millage rate
right now.
COMMISSIONER FIALA: Are the property values going up?
MR. THOMAS: I think we had a -- for our area maybe a 3.7. So
they're going up, but not as fast as they dropped, obviously. So
basically there's a loss of income from all those property values lost.
Because even though the millage rate stays the same, the property
values dropped and therefore they're receiving the same level of
service from the fire department but we're not getting the same income
to protect them.
There's certain things that we could do in -house to take care of
this. And you guys are saying there were not, and that's completely
un- factual, so -- thank you for your time.
CHAIRWOMAN HILLER: Thank you.
Next speaker?
MR. MILLER: Your next speaker is Jim Hughes. He'll be
followed by John Rogers.
MR. HUGHES: I'd like to pass my time to John Rogers.
MR. ROGERS: Oh, I'm not going to need it, though. I'm going
to be brief today. Thank you though, Jim.
Jim though did want me to say that at the most recent fire
advisory board meeting, the fire advisory board voted unanimously in
favor of property owners having the vote as opposed to registered
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September 24, 2013
voters. So they just wanted you to know where they stood on that.
As Mr. Lara correctly pointed out, since this is the first time
we've seen the revised ballot, just a couple of quick comments.
First, as has Len heard me say ad nauseam, I cannot in any way
support the first two notes on there. Mr. Lara correctly stated, we
need to be talking facts. And when you throw in the words
considering, if, maybe, possibly, could have, I think you skew the
entire survey 100 percent.
So with regard to what Fiddler's Creek may be considering or
what John Rogers may be considering or what Pelican Street may be
considering, I think it's completely irrelevant to a fair and honest
ballot. And whichever way the vote comes out, whomever is
successful will have to determine how they deal with that Fiddler's
Creek issue, should it ever see the light of day, which I will remind
you nothing is pending today.
With regard to note two, I don't think you're prepared to vote that
this fire station will stay open no matter the makeup of the
commissioners next year or in the following 10 years, nor is East
Naples prepared to give us a 100 percent statement that beyond the
current sitting commission that they have the fire station's going to
stay opened. So it either needs to say there are currently no plans to
close it, which is a true statement. But you can't stay it's going to stay
open no matter what.
The third one is absolutely the key that we're trying to drive
home, and I think that should remain and be in bold letters across the
top.
With regard to A, as Len knows, the word at least in front of the
2.5 bothers me tremendously. We could get into a budget discussion.
I have the last three years' budgets from Isles of Capri Fire
Department where we had in each year approximately 50 to $80,000
of money left over. We won't know until early October how much
money we have left over this year, which will go into next year. But
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September 24, 2013
my argument is it certainly brings that 2.58 down to below 2.5.
I would love to see you use the word approximately instead of at
least. It can be a little higher, it can be a little lower, but nobody
knows for sure. With all respect to your budget, and I've seen it, I've
read it and I know where the little bit of fluff is and I understand why
you have to do that.
Obviously also in A I'd like to see anything to do with Fiddler's
Creek being removed from that, because I don't think it's appropriate
to put it in the ballot or survey language.
Commissioner Fiala, just one point to clarify. I think it's been
about a year and a half -- maybe a year since we've had any discussion
about going independent. I don't speak for the fire advisory board and
I don't speak for the entire Isles of Capri Fire District, but I've been to
almost all the meetings in the past 22 months and I think that issue is
dead. Thank you.
COMMISSIONER FIALA: Let me say, a few people talked to
me about it just recently, so that's why I mentioned it. You never can
tell --
MR. ROGERS: Sure.
COMMISSIONER FIALA: -- what kind of sentiment.
MR. ROGERS: It just hasn't been at a civic league meeting or
any of the big rally meetings that I've heard.
CHAIRWOMAN HILLER: Thank you. Commissioner --
COMMISSIONER FIALA: I have to follow up with the
Fiddler's.
CHAIRWOMAN HILLER: Right. Can we wait a moment,
because Commissioner Henning has been patiently waiting and it's his
turn to speak.
COMMISSIONER FIALA: Okay.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Okay, this is not a vote, all
right, this is a survey. Now, is this going to be a phone survey?
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September 24, 2013
MS. PRICE: No, it's going to be a mail survey.
COMMISSIONER HENNING: Okay. And you're going to do
sampling; is that correct?
MS. PRICE: You're going to tell us whether you want it to be
sent to all the registered voters or all the property owners. And then
we're going to send it to all of that list with returned self - addressed
stamped envelopes to send back to us, or to a survey firm, whichever
the case, but to return it.
COMMISSIONER HENNING: In regards to the discussion
about creating an independent special fire district in Collier County is
the direct opposite of what we've been talking about for years and
years. We're supporting East Naples and Golden Gate to merge. In
fact, we're participating in it. So I can tell you my stance, and I'm
going to strongly object to supporting creating another independent
fire district in Collier County.
CHAIRWOMAN HILLER: Thank you for your comments.
COMMISSIONER HENNING: I'm not done yet.
As far as the chief goes, you have a chief from Ochopee that is
managing Isles of Capri; is that correct?
MS. PRICE: At present, yes.
COMMISSIONER HENNING: Are they doing it for free?
MS. PRICE: We have at different times tried to assess a
percentage to be charged against the Isles of Capri throughout the
year.
COMMISSIONER HENNING: That was an interim measure.
MS. PRICE: Correct.
COMMISSIONER HENNING: We need to find a solution. So
to say that the Indians are going to run the department without a chief
is not going to happen. There's going to be a charge for that. Okay?
And as far as Fiddler's Creek goes, it's a given, if you speak to
East Naples Fire commissioners, they're putting in to the legislation
delegation for a codification of all of Fiddler's Creek into East Naples
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September 24, 2013
district. That's a given. It's not a rumor.
MR. ROGERS : It's an application.
COMMISSIONER HENNING: That's a given, okay? So
enough with this, let's get on with it and get it done.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes, they're intent on joining the
East Naples Fire Department. They've gotten very receptive responses
from East Naples Fire. They plan on putting this up in Tallahassee.
So it's not fair to kid people about it. Because you know they're
going. We all know they're going. You can't say -- oh, yes, they are.
Oh, yes, they are. And if we have to vote on it, we will. And I think it
comes to us for a vote that they can apply for this. And if it does, we
will vote for it. Because they have to change district lines.
Anyway, that's how that goes. And I'd like to make a motion that
we accept this ballot and print it up and get it to the people in time for
a November 8th vote.
COMMISSIONER HENNING: I'll second that motion.
MR. KLATZKOW: It's not a ballot.
CHAIRWOMAN HILLER: It's not a ballot, it's a survey.
Commissioner Fiala, do you want it to go to the property
owners?
COMMISSIONER FIALA: To the property owners.
CHAIRWOMAN HILLER: So we have a motion and a second.
Is that acceptable to you?
COMMISSIONER HENNING: That's acceptable.
CHAIRWOMAN HILLER: To accept the survey as presented,
to mail it to all the property owners and to get that information back to
us by no later than November the 8th.
MS. PRICE: Correct.
CHAIRWOMAN HILLER: Or November, whatever that
Tuesday --
MS. PRICE: November the 8th would be that Tuesday. That's
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September 24, 2013
the deadline that we're setting.
I heard some talk about a fact sheet. I just wanted to put on the
record that we are meeting on Thursday with the advisory board .
committee to put that together. And if you want it to be mailed with
this, I'll work on getting that quote to you next time as well.
COMMISSIONER FIALA: Let me ask you who the advisory
committee is. We want to make sure everybody is represented.
MS. PRICE: Yes, we've got somebody from Mainsail, Ben
Hilbun from Mainsail, we have Ray Kane from Fiddler's Creek, we
have Jim Hughes from Isles of Capri, we have Matt Crowder, and who
am I missing? You.
COMMISSIONER FIALA: You --
MS. PRICE: Dan Sansevieri.
That's your advisory board committee at those meetings. They're
public meetings. We generally have members of the public there. We
also have members from the firefighters --
CHAIRWOMAN HILLER: Len, could you please bring that
back to the Board? The Board should vote, as Commissioner Henning
properly --
MS. PRICE: On October the 8th.
CHAIRWOMAN HILLER: Right. And make sure that, you
know, whether or not we want to include it and whether what's being
presented is appropriate should be voted on by the Board before that
survey goes out, if it's going to be attached to that.
COMMISSIONER FIALA: And let me add, I believe that
everybody -- when they attend this meeting, what time is it, because
I'd like to be there. When people present facts, I want to see proof of
those facts. You can't use conjecture to present facts. And these
people deserve a right to have the facts.
CHAIRWOMAN HILLER: All right, we have one last comment
by Commissioner Nance and then I'm calling the question.
COMMISSIONER NANCE: Yes, let me confirm, I believe
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September 24, 2013
Commissioner Coyle had some concerns when we talked at the last
meeting. This is going to be a survey of taxpayers and all taxpayers --
CHAIRWOMAN HILLER: That's correct, that's the -- no, no,
property owners.
MR. OCHS: Property owners.
MS. PRICE: Property owners.
CHAIRWOMAN HILLER: Not taxpayers, property owners.
That's the motion and the second.
COMMISSIONER NANCE: Okay.
CHAIRWOMAN HILLER: Okay, there being no further
discussion, all --
MR. OCHS: Madam Chair? I'm so sorry to belabor this, I want
to make sure I heard the right thing. The Board is adopting this
specific survey language on this visualizer.
CHAIRWOMAN HILLER: That's correct, that's the motion and
the second.
MR. OCHS: And we'll be back at the next meeting to have you
review the fact sheet --
CHAIRWOMAN HILLER: Correct.
MR. OCHS: -- to determine if you want to send that along with
this ballot -- or the survey questionnaire.
CHAIRWOMAN HILLER: That's correct.
There being no further discussion, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Any opposed?
(No response.)
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. OCHS: Madam Chair, you have a break for your court
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September 24, 2013
reporter scheduled before your next time certain.
CHAIRWOMAN HILLER: Yes, we do.
Court Reporter, how much time do you need? We have a time
certain at 10:30 but we could extend it if you need 10 minutes.
MR. OCHS: Ten minutes.
CHAIRWOMAN HILLER: You want 10? Okay. So then we'll
be back at 10:35.
(Recess.)
MR. OCHS: Madam Chair, you have a live mic.
CHAIRWOMAN HILLER: Thank you. Next item.
Item #I OD
DIRECT THE COUNTY MANAGER TO OPERATE THE
COLLIER COUNTY AIRPORTS AND TO RETURN TO THE
BOARD OF COUNTY COMMISSIONERS WITH A STAFF
ANALYSIS AND OPERATIONS MANAGEMENT PLAN AND
ORGANIZATIONAL ANALYSIS — APPROVED
MR. OCHS: Takes us to our 10:30 a.m. time certain hearing.
The following three items will be heard and discussed together before
individually being vote on. Those items are Item 10.D, which is a
recommendation to direct the County Manager to operate the Collier
County airports and to return to the Board of County Commissioners
with a staff analysis and operations management plan and
organizational analysis. That item was placed on the agenda by
Commissioner Henning. Item 10.E is a recommendation that the
Board of County Commissioners in its capacity as the governing body
of the Collier County Airport Authority extends the Airport Authority
Executive Director's Employment Agreement with Thomas C. Curry,
fixing the end date of the first extension term as September 30, 2016,
revising travel approval requirements, and amending the Agreement to
September 24, 2013
comport with Chapter 2011 -143, Florida Statutes and travel. That
item was placed on the agenda by Commissioner Coyle. And Item
14.A.1 is a recommendation to accept the proposal from RFP 13 -6083,
for Request for Proposal RFP 13 -6083, the Airport Management
Consultant from Unison Consulting, Incorporated, and direct the
County Manager to negotiate a contract to be brought back to the
Board for final approval.
CHAIRWOMAN HILLER: Thank you. Let's begin with Item
10.1), which is the item brought forward by Commissioner Henning.
Commissioner Henning?
COMMISSIONER HENNING: Well, I'm hoping this will take
care of a couple items. I know that, as we all know, that the airports
have been quite contentious over the last year. One of the things that I
see is spending more money for the airports to hire a consultant which
we have the ability through the County Manager to do, in my opinion.
Leo comes from -- has a background in Human Resources. Of
course, you know, we have several departments that can manage
grants such as the grant department. We have transportation
inspectors that can manage projects such as the grants.
Also what I see is a continuation of more money. In fact, we
have a potential of unbudgeted funds to the airport of $800,000 of
these matching grants. Now, when the County Manager does grants,
application for grants, and there's a match, that's budgeted, okay. So
800 -- potential of $800,000. One of 500 -- or $5 million is on our
consent agenda accepting a grant. Okay, there has to be a match of
that.
So we have to do a budget amendment. County Manager and the
Department of Finance needs to find out what department they want to
take that away from, okay.
So I think that we can -- in my opinion, the economic time is not
right to grow Immokalee. However, I feel that in the future there can
be. I want to get these airports under fiscal neutrality as soon as
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September 24, 2013
possible and not having to spend a million dollars year after year after
year for a limited use of residents that use the airports.
CHAIRWOMAN HILLER: Commissioner Henning, since this
is your item, would you like to make a motion?
COMMISSIONER HENNING: I'm going to make a --
COMMISSIONER FIALA: No, wait a minute, I want to make
some comments here too.
CHAIRWOMAN HILLER: Oh, you're all going to make
comments.
COMMISSIONER FIALA: I would prefer to before he -- who
knows, maybe they'll realize there is more to this.
CHAIRWOMAN HILLER: Oh, absolutely.
COMMISSIONER FIALA: I realize you guys have all made up
your mind, but I think I have a right to say something.
CHAIRWOMAN HILLER: Oh, you absolutely have every
opportunity to say. But nonetheless, I'd like to ask Commissioner
Henning if he would like to make a motion, since he brought this item
forward or if he'd like to wait. It's his choice.
COMMISSIONER HENNING: I'll make a motion to approve.
COMMISSIONER FIALA: All three?
COMMISSIONER HENNING: 10.D.
CHAIRWOMAN HILLER: No, we're only on 10.D. We're
taking each individually. We're only talking about 10.D. Strictly
I.O.D.
Is there a second?
(No response.)
CHAIRWOMAN HILLER: I'll second that.
Commissioner Nance I believe was next.
COMMISSIONER FIALA: No, I was first.
CHAIRWOMAN HILLER: Commissioner Fiala. Sorry.
COMMISSIONER FIALA: I was first. Yes.
Okay, first of all, Commissioner Henning, what is your
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September 24, 2013
background experience with airports? I mean, being that you're
making a big decision.
COMMISSIONER HENNING: Can you conduct yourself
appropriately, please?
COMMISSIONER FIALA: After some of the things you've said
to me, I can certainly ask that, that's a valid question. Don't you say
that to me.
I'm asking you, what is your background with airports?
(No response.)
COMMISSIONER FIALA: Obviously. You're good at funding
and so forth, but these airports here have been in debt all of these
years. We've pulled it further out of debt now than it's ever been. It's
not like it's never been operated. And we've been out here 13 years.
It's not like they've always been operating into the black until Chris
Curry came along. They've always been in the red. Not Marco, but
the other ones. And so you're making that as a case, but that is not a
fair case.
You say you want improved support from the County Manager's
agency. First of all, County Manager's agency always supports the
airports. They never turn their back on them, they've always been
there for them. And then you say through grant staffing. Well who
could get more than $12 million grants in one year? This is what he's
doing right this minute. And these are all things that the FAA says
need to be done, because the airport runways are in very poor
condition.
I talked to FAA, Rebecca Henry. She said if we don't approve
this it would go against grant assurance. She said putting our future
funding in jeopardy. So that if they then demand -- I asked her this
question, if they demand that we now make those runways safe, we're
going to have to come up with the funding, and she said because
monies might not be available. She calls it discretionary funding.
She said they're all great projects, and she can't guarantee that
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September 24, 2013
this funding will be available in the future. She said we are obligated
to operate the airports safely and responsibly. Now, this is directly
from the FAA. I'm not pulling this out of the hat.
Then Leo, what is your background in running airports?
MR. OCHS: Commissioner, I have no direct expertise in ever
managing an airport operation.
COMMISSIONER FIALA: Have you worked with the FAA at
all?
MR. OCHS: No, ma'am.
COMMISSIONER FIALA: Okay. Because Commissioner
Henning wants you to take charge. And I figure that here we've got a
man who is closely attuned to the FAA, he's gotten all these things and
they admire him. They think so much of him because they have a
relationship with them. And I don't know that we'll ever find that
again.
We have one year to complete this construction with all these
grants. If we have to waste time trying to find somebody who can do
the job correctly while we let this man go who knows how to do the
job correctly and what he's planning on doing, shame on us. Shame
on us.
We have one year to complete, we have background.
And here's a question for all of you who are voting against him.
What has he done wrong? Name something.
(No response.)
COMMISSIONER FIALA: That's what I thought.
Has he mismanaged the airports?
(No response.)
COMMISSIONER FIALA: Okay. Chris and his staff write the
grants. We don't need anybody for a grant writer, he's already done all
of that.
And the FAA, up until Chris came here, they hardly funded
anything at our airports. This only has occurred recently. And you
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September 24, 2013
asked about spending the money now to do the -- to have the county
match? Yeah, it might be $800,000. Wonder if -- if we don't do this
and accept these grants and manage these airports properly, what
happens when the FAA comes in and says now do it but you're going
to do it on your own dime. You want to spend $800,000 or $12
million? You have to make that decision also.
Folks, this is as clear as the nose on your face. We should not let
this man go. Yeah, maybe he has some problems with certain people
here and there, although he's tried to establish a better relationship
with people. But right now it's all about the Immokalee Airport. It's
the tail wagging the dog, and it's not right.
Commissioner Coyle?
COMMISSIONER COYLE: Wait a minute.
CHAIRWOMAN HILLER: Who's next? Is it Commissioner
Coyle? Okay, Commissioner Coyle.
COMMISSIONER COYLE: Well, I think Commissioner Fiala's
done a very good job of explaining the problem. I'll just touch upon a
few points and I'll try to be brief.
There has been nothing wrong with the management of the
Marco Island Airport. It is doing quite well. It is getting more
business. It's getting a flight school, it's getting an air charter
company. The Everglades Airport has been managed extremely well.
But yet all the decisions are being based upon the input from a
handful of tenants in Immokalee. Why would you make decisions that
will adversely affect all of our airports in Collier County because there
are a few people in Immokalee who want to continue operating that
airport for their own benefit like a good 'ol boys club? And that's what
it has been for the last 30 or 40 years. Those guys have run that
airport and that's the reason it has not advanced and will never
advance. Those same people that some of the Commissioners are
relying upon for input and advice have come to me and said we don't
want any changes made at Immokalee Airport. We don't want it to
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September 24, 2013
grow. It is a rural airport and we want to keep it that way. And they
want to keep it that way so they can run it for their own benefit.
And that is the wrong reason for making decisions relating to the
professional management of all of our airports. And all of the airports
have been professionally managed. It has offended only that small
group of tenants in Immokalee.
With respect to grant matching, if there's a concern by
commissioners that the grants are going to require too much money,
it's the Commissioners who approve acceptance of the grants, not Mr.
Curry. Mr. Curry goes out there and gets us the opportunities. But the
Commissioners make the decision about whether or not you're going
to accept the grants. If you're going to decide to not match some of
these grants and to refuse the grants, then that is a decision that the
majority of this Board can make.
But the ramifications are huge. Because one of the problems
with this fixation on financial -- or fiscal neutrality is that it
completely ignores the economic benefit to our community by having
these airports. These airports stimulate economic development, as we
have seen in Marco. And we will see one day in Immokalee if we can
professionally manage it. But we will never see it in Immokalee if it
continues to be managed the way it was before Chris Curry got here.
But the economic benefit to our community is measured in terms
of tens of millions of dollars. And it is certainly worth a small amount
of matching funds to make improvements to our airport plans and to
resurface runways that are in need of repair.
The last thing is, and I have great confidence in the County
Manager and his staff, but asking the County Manager to take on the
management of the airports is like asking an automobile mechanic to
do an overhaul on a 747. It just doesn't make sense. The skills are not
there. Business comes to an airport because you have professional
management people who are known and respected in the airport
business. The FAA fights to get you funding because they have
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September 24, 2013
respect for that management and they know the funding will be
properly used and it will have an appropriate benefit.
These things didn't happen by chance. Chris Curry is out there
meeting with people, he's at the various meetings where other airport
managers are present, he interacts with them, he interacts with people
at FAA meetings. They know him well and respect him. And it is
only natural that people like that will spread the word and business
and grants will flow here.
So the job has been done and it has been done well. The mistake
is being made by the majority on the Board of County Commissioners
to listening to a small group of disgruntled people who do not want
change. And that is the problem. There is no other problem with
respect to our airports. And Chris Curry should not suffer from it.
So I would ask that you -- in view of these grants, that you at
least consider a new contract with Chris Curry and let him do the work
that he has been doing so well over the past few years.
CHAIRWOMAN HILLER: Thank you.
Commissioner Nance?
COMMISSIONER NANCE: Yes, I think the discussion on this
item has completely missed the overall analysis that we've been trying
to achieve in our discussions with the airport for the last year and that
is the management of the Collier County airports. An entity that
almost everybody indicates has great potential has many complex
elements.
I have said on the record numerous times and explained it in
detail, since we've talked on this topic a great deal, that I did not think
that an executive director management system was appropriate for the
management of our airport assets. And the reason is that it's
complicated beyond what we've managed in the past. And the way we
proceed forward is going to dictate whether we have any success or
not.
The airport -- Collier County airports have consistently lost
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September 24, 2013
money over a decade totaling something like over or in the vicinity of
$20 million. And in discussions what comes up time and again is that
the reason we have all these problems and we haven't had any success
is because of the tenants. This is nonsense. The reason that we
haven't had success is because the airport has always been treated as
an economic generator. And it's not. It's the total airport package that
will be the economic generator. And our airport will not grow and
will not improve unless the entire real estate and economic package
and management scheme of the airport changes. It's simply time for a
change. I can't continue to endorse going down the road further with
the same failures over and over and continuing to blame the users of
the airport who are our only clients at the time --
COMMISSIONER FIALA: You keep mentioning airport --
COMMISSIONER NANCE: Excuse me, ma'am.
COMMISSIONER FIALA: No, I just want to --
COMMISSIONER NANCE: Now you've been talking --
COMMISSIONER FIALA: I understand.
COMMISSIONER NANCE: -- please let me talk, please.
COMMISSIONER FIALA: Just tell me which airport when you
keep referring to airports.
COMMISSIONER NANCE: The Immokalee Airport. The
Immokalee Airport is the only airport that we have that has significant
real estate assets attached to it. And it is the Collier County airport
entity that has the tremendous potential.
Certainly Marco Island Airport is a great deal different than the
Immokalee Airport. But to sit here and say that an entity and an
airport system that has to be managed, including real estate
development, administrative relationship with the FAA, day -to -day
operations, customer development and so on and so forth and trying to
be used as an economic generator or linked to one is a simplistic thing,
I think we're kidding ourselves by hiring another executive director or
extending our current arrangement is going to produce anything
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September 24, 2013
except the same result. It's the old adage, do the same thing, do what
you've always done, you're going to get what you've always got.
I think it's time for a change. I have faith in the County Manager
as a clearinghouse of management and skill expertise to do this. He
does not have any per se experience with airports. He doesn't have
any direct experience with most of the things that he manages. He's a
comprehensive administrator. That's his job. His job is to bring skills
to the work. Mr. Ochs is perfectly capable of doing this and perfectly
capable of arriving at a new management structure to accomplish our
goals and lead us into the future.
CHAIRWOMAN HILLER: Thank you.
Can we have the public speakers now?
MR. MILLER: We only have speakers registered for 10.E. I
know we're doing them all together, but --
CHAIRWOMAN HILLER: No, we're taking them individually.
So if the speakers for 10.E can speak on 10.E.
MR. MILLER: Excuse me, I have one for 10.1), I'm sorry. Jim
Murray.
CHAIRWOMAN HILLER: Oh, go ahead.
MR. MILLER: Sorry, Jim.
MR. MURRAY: Good morning, Madam Chairman,
Commissioners.
CHAIRWOMAN HILLER: Good morning.
MR. MURRAY: I do hope that you all read the lead editorial in
today's Naples Daily News. I think it was very good.
Today you're discussing several very important topics about
turning the airports over to the County Manager, about extending
Chris Curry's contract, about accepting grants and about hiring a
consultant.
If you decide to turn the airports over to the County Manager and
then don't extend the current executive director's contract, you're
going to have a very difficult situation with no one to administer those
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September 24, 2013
funds properly. Likewise, it seems to me that before making those
changes, if you do hire the consultant, you should see what the
consultant recommends as far as a way to go forward. But in the
meantime it seems to me that Chris's contract should be extended.
You know, I look at the 2014 budget and the general fund
transfers for other infrastructures things. There's, you know, 15
million for transportation, eight million for road construction, 11
million for EMS and on and on. And then there's a $291,000 loan to
the airports. If it were treated as any other infrastructure, that would
be a fund transfer every year.
As you know, the advisory board members who resigned
supported and continue to support Chris Curry. He has run the
airports like a business, he is a professional, and if you leave now with
no one with the expertise in charge, I'm sorry, but it's going to be a
problem. Thank you.
CHAIRWOMAN HILLER: Thank you.
Commissioner Coyle?
COMMISSIONER COYLE: That was the only speaker?
MR. MILLER: For 10.1), yes, sir.
COMMISSIONER COYLE: Yeah, I can't let the statements end
that we're doing the same thing that we've always been doing, and
that's bad. The point is that we changed the way we were doing things
in Immokalee when Chris Curry came aboard. He became a
professional airport director and he began to put in policies that any
airport would demand and require that they be enforced. What we did
for the 30 or 40 years before that is what we're beginning to do right
now if we don't continue or extend a new contract opportunity for
Chris Curry.
We are going back to the same failed policies based upon the
input from the same biased individuals that have always directed the
Immokalee Airport in the way they wanted it run.
So we're not doing the same thing, we're doing something new
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September 24, 2013
and better. And Chris Curry is not being allowed to continue doing
something that will grow that airport. We are going back to the point
of stagnation with the Immokalee Airport, and it will make those
tenants extremely happy, that handful of tenants. They will be very
happy to have a stagnant airport so they can do anything they want to
do out there without attracting a lot of attention from other people.
And that is a big, big mistake and it will discourage development at
the Immokalee Airport for years.
I have read the comments that have been sent to Chris Curry
from people who have landed at his airport in Immokalee, and they
have been extremely praiseworthy. I have also seen letters from
people who have landed in Immokalee and said I can't believe what
these pilots are doing out here. They're landing on the same runway in
opposite directions, they're flying all around as if there's no other
aircraft anywhere.
How are you ever going to get a flight school established in a
place like that? Students would be terrified to be caught in the middle
of that kind of traffic pattern. And that information spreads quickly in
the aviation industry.
So we're not doing the same thing we've always done. We tried
something new, it succeeded and now we're going back to what was
done before.
CHAIRWOMAN HILLER: Thank you.
Commissioner Henning, and then I'm going to call the question.
COMMISSIONER HENNING: The -- one thing good about the
County Manager managing the airports, by law he is to diligently
enforce the Board's policies, contracts, agreements. And I will bring
on the next agenda that that applies to the airports and all the leases
and the policies. Because I think that's very important of the
assumptions by some that this is all about the Immokalee tenants. It
has nothing to do with the Immokalee tenants. It's all about in my
opinion a fiscal matter.
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September 24, 2013
Furthermore, the County Manager, his employees manage
several federal grants: Housing Department, Transportation
Department, it goes on and on. You have some expertise within the
existing airports on Marco Island and Immokalee, okay. We're asking
the County Manager in this item to manage the staff and bring back
recommendations as presented in the executive summary. That's all.
That's all I have to say.
CHAIRWOMAN HILLER: And with that, I'm going to call the
question.
COMMISSIONER COYLE: Can I just ask clarification about
the question itself. If you -- if we approve the current question to turn
it over to the County Manager, does that mean we -- we're not going
to take action on spending $90,000 of taxpayer money on hiring a
consultant?
CHAIRWOMAN HILLER: I actually would like to address that.
What I would like to see done with that question is have that item
continued, allow the County Manager to assess the situation and make
a determination whether or not he believes a consultant is required.
So when it comes to 14.A, my motion will be to continue that item.
COMMISSIONER COYLE: I would support that action. I'm
not going to support the motion, but I'll support that action, certainly.
I think that's wise.
And I just want to say one thing: I am amazed that this proposal
was accepted by staff from the contractor. Their financial analysis
indicates that there is an unusually great probability of declaring
bankruptcy within the next 12 months, and that was -- that assessment
was made by the financial company that reviewed this information
and provided us the reports. Back in --
CHAIRWOMAN HILLER: Who are you referring to?
COMMISSIONER COYLE: -- March or May. The only one
that responded.
CHAIRWOMAN HILLER: Yeah, no, we'll discuss that. We're
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September 24, 2013
on a different matter. We need to stay on point.
I'm going to call the question. Commissioner Henning has made
a motion, I have seconded it.
There being no further discussion, all in favor?
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Any opposed?
COMMISSIONER FIALA: Aye.
COMMISSIONER COYLE: Aye.
CHAIRWOMAN HILLER: Motion carries 3 -2 with
Commissioners --
COMMISSIONER FIALA: You should hang your shame for
doing this.
CHAIRWOMAN HILLER: -- with Commissioners Fiala and
Coyle dissenting.
We have a time certain at 11:00, and it's 11:06. We have Items
10.E and 14.A.1 that we will continue at the next break we have after
we finish hearing the next time certains in succession.
Item #1 I E
RECOMMENDATION TO ISSUE BIG CORKSCREW ISLAND
FIRE AND RESCUE DISTRICT A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR ADVANCED LIFE
SUPPORT NON - TRANSPORT SERVICES FOR ONE YEAR AND
AUTHORIZE THE CHAIRWOMAN TO EXECUTE THE PERMIT
AND CERTIFICATE — MOTION TO APPROVE — FAILED;
MOTION FOR THE PUBLIC SAFETY AUTHORITY TO
REVIEW THE APPLICATION AND STAFF'S
RECOMMENDATIONS INCLUDING THE STANDARDS
REQUIRED BY ORDINANCE 2004 -12 AND PROCEDURE IN
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September 24, 2013
DETERMINING A DISTRICT MEDICAL DIRECTOR —
APPROVED
MR. OCHS: Item 11.E is the 11:00 a.m. time certain item. It's a
recommendation to issue Big Corkscrew Island Fire and Rescue
District a Certificate of Public Convenience and Necessity for
Advanced Life Support non-transport services for one year, and
authorize the Chairwoman to execute the Permit and Certificate.
CHAIRWOMAN HILLER: This is a quasi judicial hearing.
Everyone that intends to testify or speak will have to be sworn in.
Court reporter, would you kindly ask everyone -- or I'll ask
everyone to rise who's going to speak or it testify on this matter.
(Speakers were duly sworn.)
CHAIRWOMAN HILLER: And before we begin this hearing,
let me remind the Board that if you decide to deny this, you have to
have a valid reason for the denial. It can't be arbitrary.
MR. KLATZKOW: The reasons as set forth in the legal
consideration.
COMMISSIONER FIALA: Say that again?
CHAIRWOMAN HILLER: County Attorney, can you put them
on the overhead so the Commissioners can see it if they choose to rely
on any of those reasons?
MR. OCHS: I have it here.
CHAIRWOMAN HILLER: Thank you.
Go ahead, Mr. Summers.
MR. SUMMERS: Madam Chair, Commissioners, good
morning, Dan Summers, Director of the Bureau of Emergency
Services and Emergency Management.
And I'm bringing forth to you the executive summary for the
considerations of the COPCN discussion for Big Corkscrew Island
Fire and Rescue.
Indeed, our office did receive an application from Big Corkscrew
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September 24, 2013
for a COPCN application to provide advanced life support services for
its fire operations in a non - transport environment.
They have submitted an application. I deem that application
complete.
The issue today that I bring to you is really I think very well
articulated in the executive summary in that we are supporting the
COPCN application as a result of some of the response time standards
that we have documented to you out there, which are typical of our
discussions that we've had with the AUIR documents over the past
several years.
We do -- have in fact had conversations with Big Corkscrew.
We understand that they're going to seek medical direction outside of
the office of the Medical Director for Collier County. We're aware of
that. But we would certainly, as mentioned here in the executive
summary, would like to see that as part of the -- an application, if it
could be considered, that they be part of the County Medical
Director's program.
That notwithstanding, you do have another fire district in Collier
County, the North Naples Fire Control and Rescue District, that is
operating with a COPCN as it relates to ALS non - engine.
I would like to just provide one document to you, I think this is
important. I'd like to put one document on the visualizer just to share
with you boundaries and resources. May I make a document change
here?
CHAIRWOMAN HILLER: And then if you could put the other
document back up when you're done. Thank you.
MR. SUMMERS: Commissioners, I only provide this to you just
to make sure that you're aware of the resources in the particular
district. This has no particular bearing other than to provide some
clarity to you with respect to the resources that both EMS and Big
Corkscrew have. The shaded district is the Big Corkscrew Island Fire
Rescue and Control district boundaries as we have them.
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September 24, 2013
That said, Commissioner, again, just kind of stressing to you that
our own response time standard I think in this case does validate the
approval. But we have a lot on our plate with respect to discussions
and options, and that's why we have this public hearing resource
available to you.
CHAIRWOMAN HILLER: Thank you.
MR. SUMMERS: So I'll put the legal considerations back and
that's all I have, Madam Chair.
CHAIRWOMAN HILLER: Thank you.
Before we go to the Commissioners, how many public speakers
do we have?
MR. MILLER: We have four speakers registered for this item.
CHAIRWOMAN HILLER: Can you line them up, please.
MR. MILLER: Sure. If I could get these speakers to line up at
the two podiums: Karen Acquard, Eric Watson, Rita Greenberg and
Chris Crossen.
CHAIRWOMAN HILLER: Members of the Board, as the
speakers are lining up, would you like to comment ahead of the
speakers or would you allow them to speak and then comment after?
COMMISSIONER FIALA: I'll wait 'til they're done. I guess I'm
first up.
CHAIRWOMAN HILLER: Commissioner Nance, would you be
willing to --
MR. MILLER: Our first speaker is Karen Acquard; she'll be
followed by Eric Watson.
MS. ACQUARD: Good morning, Commissioners. For the
record, I'm Karen Acquard.
You're going to be given a lot of statistics probably today, and I'll
leave that to the professionals.
As most of you know, I've been active in the community for
about 20 years, but one of you up there knows I've been very active
with Corkscrew for 21. And instead of statistics, I'm going to give
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you some history of my experience with this situation.
When I moved to the Corkscrew area we had a two lane road.
When you went into town, you were lucky on the trip to and from to
pass a dozen cars or even see them going to or from the same way you
were. Now we have six lanes. We had one fire station, three officers,
two firefighters and they worked from 8:00 to 5:00, they locked up
and went home at 5:00. We now have two fully manned stations.
EMS arrived, at the request of Chief Kovarik, to come and join
and take up a spot at Fire Station 10, and eventually they built their
Station 10.
We've gone from a two -lane road with very little traffic to a
six -lane road that's heavy, which tells me there's a heck of a lot of
population. I've seen the growth in the last 22 years out there.
EMS has not kept pace. My experience and my own
observations in the 21 years with Corkscrew tells me that the
firefighters are usually the first ones on the scene, and that's by a
number of minutes. Minutes count for many illnesses or accidents.
There are situations where ALS is needed as soon as possible. You
now have almost 14,000 people in the Corkscrew area.
It's really -- you've got two options: Build more EMS stations and
get them manned out there so that we have more ambulances and they
can be at the scenes much faster; or start having ALS engines so that
the firefighters can provide the necessary life support until EMS can
get there. And any of you who know me know how I feel about my
son and his family. I would trust their lives as well as my own to our
firefighters. Thank you.
MR. MILLER: Your next speaker is Eric Watson; he'll be
followed by Chief Rita Greenberg.
MR. WATSON: Good morning, Commissioners. For the record,
Eric Watson, Captain, Big Corkscrew Island Fire Department and
resident of the Golden Gate Estates area that services Big Corkscrew
Island.
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September 24, 2013
I'll be the one shouldering a lot of the responsibility hopefully
once you approve this this afternoon for implementing and overseeing
that program in the Corkscrew area. And living out there I also have a
personal vested interest in providing this service when the time comes
and that call for service comes.
You know, we've had ALS engines in the greater Naples area for
many, many years now, probably greater than a decade. But we've
kind of saturated the urban corridor with them, just because the virtual
need and the calls for service during the season and the increased call
volume. I think Chief Kopka would agree with that.
While the call volume isn't necessarily in the Golden Gate
Estates area by -- is going to support those numbers, in contrast
though I would say given the rural area and the nature of the call
volume that we do experience, we're up here asking for your approval
today for a primary reason. We want to support and augment what
EMS does in that area in the cases where those units are busy. And I
think that's an important thing to remember, especially when you look
at it from the perspective of a patient and/or somebody that you care
about that's suffering. You -- you know, at the end of the day you
don't want anybody to suffer any longer than what they need to.
Thank you.
CHAIRWOMAN HILLER: Thank you.
MR. MILLER: Your next speaker is Chief Rita Greenberg; she'll
be followed by Chris Crossen.
CHIEF GREENBERG: Good morning, Commissioners, Chief
Rita Greenberg, Big Corkscrew Island Fire Department.
I'm going to actually allow Commissioner Crossen to speak first
and then I'll come back to the podium and answer any questions that
you have of us.
MR. MILLER: Mr. Crossen?
MR. CROSSEN: Thank you, Chief Greenberg.
My name is Chris Crossen. I've been a fire commissioner for six
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years out there. Also too, I've been employed by the City of Marco
Island for 22 years. I've been in the ALS program down there.
You know, this is all about to serve the public, you know. I
know your people do a wonderful job. And when I came out there,
you know, I came to one of the last meetings and we talked about
leadership, and Mr. Nance talked about the vacuum of leadership in
society today, and I agree.
And I think one of the big things is, is that Chief Greenberg has
stepped forward as far as being a leader, and I wanted to be a big part
of that. And I wanted to be a part of that in the ALS program. And I
think, you know, it's all about serving the public. It doesn't matter if
somebody -- if one of the Commissioners went down right now, I'd
run outside, I'm a CRP instructor, go grab the defibrillator and go.
And then I'd tell Eric or Jorge Aguilera back there to get the ALS
equipment.
So we're just asking for the ability to serve our public better.
And as we go forward, you know, it doesn't matter whether it's a diet
program or hazardous materials, it's all about serving the public. And
those people who come out to Immokalee and run that corridor,
especially as Dan put up the map out there, as far as right there where
our Station 12 is as well, you know, it's about serving the people. And
that's what this is about. This is about nothing more than that. You
know, we have your officers out there at Palmetto Ridge too. You
know, if they have a defibrillator in the back of their vehicle, I would
certainly expect them to get there and be first. And if I had my kid out
there, I live out there as well, and I see somebody and they're asking
for help, you know, that's what it's all about.
So, you know, I request that you guys give us a yes vote on this
and we will serve not only our citizens but, you know, the county
citizens as well.
And as we progress, you know, as far as in the county and we do
closest engine response too as well, as that will come to some day, you
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September 24, 2013
know, it doesn't matter if it's Golden Gate, doesn't matter if it's North
Naples District up there. If we're closest, we'll come, you know. It's
all about serving the people. And no political agenda except to serve
people and save lives, so thank you.
CHAIRWOMAN HILLER: I just -- I'm in tears. That is
absolutely -- I feel like what's his name, Simon Cowell, you know, on
The Voice. But seriously I am so moved by what you have just said.
It is all about serving the people.
And I make a motion to approve.
We have several Commissioners who want to speak. Chief
Greenberg, would you like to come to the podium and allow the
Commissioners to address you as they see fit.
Who was first?
COMMISSIONER FIALA: Mine.
CHAIRWOMAN HILLER: Commissioner Fiala.
COMMISSIONER FIALA: Yes, thank you. I was going to
make the motion to approve because I think this is a great thing. One
of the things that he didn't mention --
CHAIRWOMAN HILLER: Would you second it?
COMMISSIONER FIALA: Yes.
One of the things they didn't mention that is terribly important,
especially with ALS, many times an ambulance is not needed because
the injuries are minor, but attention is needed. And this way with an
ALS engine coming out with trained professionals on there, they can
handle that, take care of it quickly.
And your distance of course is a big factor in wanting to put this
together. I see no problem. And as I said -- well, I was going to
motion, but I'll second.
CHAIRWOMAN HILLER: Thank you.
Who was next, Commissioner Henning or Commissioner Nance?
COMMISSIONER NANCE: Commissioner Henning.
CHAIRWOMAN HILLER: Go ahead, Commissioner Henning.
-- • •
September 24, 2013
COMMISSIONER HENNING: Chief, thank you for the stats
provided to me. According to NFPA you don't meet their standards
for runs and calls.
CHIEF GREENBERG: Well, actually we do, sir. For NFPA
1720, because we are a combination department we have a different
set of standards than 1710.
COMMISSIONER HENNING: What is your -- what is the run
response?
CHIEF GREENBERG: NFPA 1720 is what we would fall under
as a combination department, volunteer, NP, and so our minimum is
eight personnel on scene within 14 minutes for structure firemen.
COMMISSIONER HENNING: Okay. Isn't it true --
CHIEF GREENBERG: And there is not a classification for
medical calls under NFPA. That's fire suppression.
COMMISSIONER HENNING: Okay. Isn't it true that it's
designed for the fire departments to get there first under medical calls?
CHIEF GREENBERG: Is what designed for fire departments to
get there first?
COMMISSIONER HENNING: Get to a scene first for a medical
call.
CHIEF GREENBERG: It's not designed. The --
COMMISSIONER HENNING: Sure it is, sure it is.
CHIEF GREENBERG: Some of our districts, the way we are
spread it works that way sometimes, but not all the time.
COMMISSIONER HENNING: Yeah. I mean, that's the way it's
designed in all the departments. You want EMT there first. That's
what we have always done.
CHIEF GREENBERG: Right, their medical first responders,
yes.
COMMISSIONER HENNING: Yeah. So -- and that's
efficiencies for EMS.
CHIEF GREENBERG: Correct.
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September 24, 2013
COMMISSIONER HENNING: And patients.
CHIEF GREENBERG: Yes. There's no doubt that the BLS
care, the basic life support care, is the preferred and augmented -- or
the preferred first degree of service to the patient. But it's that
intermittent level between the times when we do arrive first, if our
medic unit is out of the area or coming from a different zone that we
need to transition to the ALS care. And that's what we're asking for
you to approve. So we have that ability to transition from the BLS
care to the ALS care while we wait occasionally for the medic unit to
arrive.
COMMISSIONER HENNING: And you're doing BLS now,
correct?
CHIEF GREENBERG: We do BLS. All our personnel are EMT
or paramedic certified today.
COMMISSIONER HENNING: What's wrong with doing a
SWAP program?
CHIEF GREENBERG: The SWAP program has presented a
number of challenges with us because of our size. We have -- our
lieutenants and our drivers are some of our paramedics and we would
not necessarily get that experience or capability back in the SWAP
program. And that's been the challenge that we've had with doing the
SWAP program.
COMMISSIONER HENNING: Can you give me some more
details of what you're saying?
CHIEF GREENBERG: The driver of our apparatus has to pump
the apparatus, and not all of the paramedics or EMTs with Collier
County EMS have that training or capability. It's an 80 -hour course
that they have to go through. And in our organization it requires two
years of experience before you're able to do so.
COMMISSIONER HEMMING: You mean Dr. Tober's
requirements is the 80 -hour requirement?
CHIEF GREENBERG: I am not sure what that is. But to be a
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September 24, 2013
driver of our apparatus, it's an 80 -hour course training requirement in
addition to the emergency vehicle driver training.
COMMISSIONER HENNING: So that's your requirements?
CHIEF GREENBERG: Yes. Plus two years of service with the
district.
COMMISSIONER HENNING: So you would require that from
one of our EMTs?
CHIEF GREENBERG: They would need to be able to meet
those minimum -- at least the 80 -hour driver training requirements,
yes. Because that's the pumping of the apparatus, it's not just driving
the apparatus from point A to point B. It's calculating the water flow
and the hydraulic calculations that go along with the fire suppression
component.
COMMISSIONER HENNING: Do we --
CHIEF GREENBERG: That unit is available for both types of
calls.
COMMISSIONER HENNING: Yeah. And I don't know if we
have firefighters at the station out in Corkscrew.
CHIEF GREENBERG: You do have some. I'm just not sure that
they're all trained to that level.
COMMISSIONER HENNING: Are you going to be -- your
Medical Director will be Dr. Tober?
CHIEF GREENBERG: No, sir. We're seeking outside the office
of the Medical Director, but we're -- our intent is to work in
conjunction with the Public Safety Authority under the office of the
Medical Director.
COMMISSIONER HENNING: Yeah, that's a --
CHIEF GREENBERG: We're not looking to fragment the
system any further than it is.
COMMISSIONER HENNING: That's a given, you must
anyways.
CHIEF GREENBERG: I'm sorry?
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September 24, 2013
COMMISSIONER HENNING: I say you have to meet those
anyways, but --
CHIEF GREENBERG: Yes.
COMMISSIONER HENNING: So who's your proposed
Medical Director?
CHIEF GREENBERG: We are looking at working with Dr.
Panozzo, who is currently the Medical Director at North Naples. He
has some experience and a relationship with Dr. Tober working in the
Collier County area. And so that's kind who we're looking towards
that. We have not made a final decision yet.
And the reason we looked at that avenue is to maintain some
consistency with the outside of the county program to remain that
consistency and quality of care to work with the PSA and the Office of
the Medical Director.
COMMISSIONER HENNING: Well, personally I would much
rather see (sic) working with the County's Medical Director. And
quite honestly I don't see anything wrong with the SWAP Program. I
think it works very well.
CHIEF GREENBERG: I didn't say it didn't work, I just didn't
(sic) say it doesn't work well for us.
COMMISSIONER HENNING: That's my opinion. Thank you.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes, I also want to comment on
Commissioner Crossen's very eloquent comments --
CHAIRWOMAN HILLER: Very moving.
COMMISSIONER NANCE: -- about public safety.
And of course in District 5, which are the folks that I'm supposed
to represent, these what I'd call outlying areas of the county, simply
because the county is so large, are the ones that suffer the most under
the need for better service and reducing response times.
I have the highest admiration for Chief Greenberg. I think she
has distinguished herself in service out there, and she's always stepped
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September 24, 2013
up, and I think she's very well intended.
But at this time I have some very serious concerns that what may
be an excellent short-term fix or it might seem intuitive that it might
have some short -term advantages not fully ready to take place. And I
do have a great deal of anxiety that the standards as enumerated in the
ordinance have all been thoroughly evaluated and that they are indeed
satisfied.
I would have a lot more comfort if we could engage the PSA or
the Public Safety Authority to take a look at this and give us a real
good evaluation to see if this is going to do what it's intended to do.
And I don't think it's badly intended. But I'm not certain for example
that we've really evaluated the impact on the system as a whole,
seeing whether it's going to be as good in the long term as it might be
in the short term, whether we have an adequate revenue base, which
all our fire districts out in District 5 have struggled with mightily, and
that we do indeed have -- are likely to have sufficient personnel and
equipment to do what it is that everybody wants to do here.
So at this time I would certainly like to engage -- you know, I
know there's a motion for approval, but I would personally prefer that
this agenda item get continued and get some feedback from our Public
Safety Authority that certainly has the expertise to evaluate this a little
clearer than the information that's been presented to me.
CHAIRWOMAN HILLER: I have to let the Board know that we
have a time certain at 11:00 and 11:30, so we only have three minutes
left for this discussion.
I'd like to make some comments to what you have brought up,
Commissioner Nance.
There is no question that the level of service will go up for that
fire district if ALS is added. There is no question that lives that
otherwise would be lost will be saved. Wasn't the Minard case, wasn't
that out in your district?
CHIEF GREENBERG: That was in Golden Gate's jurisdiction.
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September 24, 2013
CHAIRWOMAN HILLER: That was in Golden Gate? Well,
Golden Gate doesn't have ALS, does it?
CHIEF GREENBERG: No, they do not.
CHAIRWOMAN HILLER: And ALS -- had Minard had his
situation take place, for example, in North Naples where he had ALS
and the first truck that would have gotten on scene would have been
able to provide that service, that man might have lived. Far more
likely that he would have lived if he had gotten timely ALS service.
CHIEF GREENBERG: I'm not really at liberty to speculate on
that --
CHAIRWOMAN HILLER: Of course not --
CHIEF GREENBERG: -- because I'm not familiar with all the --
CHAIRWOMAN HILLER: -- but that's my understanding.
So the point being is, is that when you look at emergency
services and you treat to the worst case, which is cardiac arrest,
getting to the scene with the ability to provide ALS service as quickly
as possible is really the only way to achieve that.
And to delay this decision, which in my opinion has been
delayed forever, is a big mistake. You are compromising public safety
in that area.
The problem we have is the distances are great. We don't have
EMS stations throughout that area and we don't have the capital to
make those investments. Having fire stations there that can provide
ALS until EMS arrives is absolutely the way to bolster services in that
area without the financial expenditures that the county would
otherwise have to make.
So from the standpoint does it raise the legal of service?
Absolutely. Will it cause more lives to be saved? Absolutely. Is
there a net positive financial impact? Absolutely. Because otherwise
the county would have to build emergency stations out there, which is
very expensive.
So to answer your questions, does it make sense to do this in light
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September 24, 2013
of those issues? Absolutely. I can't see how we would deny this at this
time.
Now, this COPCN is for one year.
CHIEF GREENBERG: Yes, ma'am.
CHAIRWOMAN HILLER: Which means a year from now if it
doesn't prove to deliver what I believe it will deliver, we don't have to
reissue that COPCN; is that correct?
CHIEF GREENBERG: That is correct, yes.
CHAIRWOMAN HILLER: So I would implore you,
Commissioners, to approve this in the interest of the public safety.
And if it turns out that this doesn't increase the level of service and
more lives are not saved and there is some detrimental effect to the
community by providing ALS service through fire, let's evaluate that
then. But we cannot afford, in the interest of saving lives, to deny
today.
And with that I'm going to call the question.
COMMISSIONER COYLE: Wait, wait, wait, I have my light
on.
CHAIRWOMAN HILLER: Yes, sir. Well, you have --
COMMISSIONER COYLE: Yes, I have a right to be heard.
CHAIRWOMAN HILLER: You most definitely do. I wouldn't
deny you.
COMMISSIONER COYLE: Okay, thank you very much.
I find this discussion about training coordination and maintaining
standards very vague. I don't see the necessary information here
which gives me the comfort that this will in fact improve the overall
emergency medical services capabilities of the county. And I do not
see sufficient information to adequately determine if the quality of
service and the cost of service have been adequately defined.
And I would agree with Commissioner Nance, I'd like to get
some information on that. And here is one of the concerns: To my
knowledge, I certainly didn't see it in the material, but your selection
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September 24, 2013
of medical director was not identified.
CHIEF GREENBERG: We have not made a selection for a
medical director at yet. We are actively looking at that. We do not
have a contract or an engagement with anyone. But at this point it is
leaning towards Dr. Panozzo, due to the relationship that he has in the
county already and the fact that he is currently running a successful
program under a COPCN. And that will allow us to maintain some
level of consistency in lieu of bringing a third medical director into a
program that already has two.
COMMISSIONER COYLE: In order to guard against
fragmentation of issues like training and capability, it is necessary that
we have very, very close coordination --
CHIEF GREENBERG: Yes.
COMMISSIONER COYLE: -- with the county medical director.
CHIEF GREENBERG: Absolutely.
COMMISSIONER COYLE: Dr. Panozzo, as a member of the
PSA and in his evaluation of Dr. Tober's application to become the
Medical Director is observed in every single category that Dr. Tober is
totally unqualified and inexperienced.
I find that to be a shocking statement. And I can't imagine how a
person who believes that to be true would ever coordinate closely with
the county's Medical Director. So I am troubled by that fact.
And the argument always has been how do you maintain
currency under the ALS program? And there has been no clear
definition in my mind how you do that.
I do something that is far less critical to the lives of our citizens, I
fly an airplane. And I have to have refresher training every single
year, and I have to perform certain procedures and maneuvers
specified a number of times within the past six months.
The ALS certifications and skills are more critical than what I do,
and I don't see those kinds of certifications, re- certifications and
refresher training being done.
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September 24, 2013
And if you can explain to me how that is going to be done, I
think you've got every right to get an approval here. But so far I
haven't seen any of that. And you know better than I that it is
probably more dangerous that a person with ALS skills provides the
right treatment than for them to provide the wrong treatment.
CHIEF GREENBERG: That's correct. I'm going to have
Captain Watson answer your question.
COMMISSIONER COYLE: Well, you're going to have to put it
in writing. You can't just tell me what you think you're going to do.
CHIEF GREENBERG: No, I could -- he can explain to you
what --
COMMISSIONER COYLE: I want to see how you get people
trained and certified first, then I want to know how they are reviewed
and their skills are assessed periodically during the process. And
that's a very, very important issue in my mind.
CHIEF GREENBERG: If I may have him explain what we
currently do today to maintain our skills?
COMMISSIONER COYLE: I have no idea. But I'd prefer that
you have a written protocol that you can submit to us that shows what
you have been doing and what the results have been. Thank you.
CHAIRWOMAN HILLER: There being no further discussion --
any further comments from --
CHIEF GREENBERG: I have no further comments. Thank you
for your consideration.
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Aye.
All opposed?
COMMISSIONER HENNING: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
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September 24, 2013
CHAIRWOMAN HILLER: Motion fails, 2 -3, with
Commissioners Coyle, Nance and Henning dissenting.
Do we have another motion?
COMMISSIONER NANCE: I would like to make a motion that
we take this issue under advisement by the Public Safety Authority
and have them opine on the standards that must be satisfied to see if
they can give us a recommendation and provide some additional
information.
And in addition, allow Chief Greenberg to work with
Commissioners to supply information to them to raise their comfort
level to see if we can go forward on this with a little bit more
information.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: I would support that; however, I
think it's imperative that the district provide to the PSA and the county
who their medical director's going to be prior to it coming back to the
Board.
I think, you know, that is very crucial, because Commissioner
Coyle did make a good observation, Dr. Panozzo can't work with Dr.
Tober, okay?
CHAIRWOMAN HILLER: Can I ask a legal counsel question
of counsel?
Can we require that as a condition of the approval?
MR. KLATZKOW: I'm comfortable with the approach that's
being proposed.
CHIEF GREENBERG: If I may, the reason we have not
engaged in a contract is because we didn't want to spend money that
was not going to be utilized if this was denied.
COMMISSIONER HENNING: Quite frankly, I'd much rather
see you get into the SWAP program and get a higher level of
education for your EMT's and paramedics.
COMMISSIONER NANCE: If that's a friendly amendment,
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September 24, 2013
Commissioner Henning, I would accept that. It's included in the --
COMMISSIONER HENNING: That's a different road than what
we're asking the PSA to do is to review their application now.
What I'm proposing is -- what I would like to see is a better
coordination through a SWAP program with EMS, and the education
and training through the County's Medical Director. So --
COMMISSIONER NANCE: Why don't you make that as a
second motion, I could support that as a standalone motion as well.
COMMISSIONER HENNING: Okay.
Or Rita, would you be open to talking to the PSA about both of
those, a certificate as you're requesting and ALS SWAP.
CHIEF GREENBERG: I would be willing to discuss with the
PSA the components of the program. On regards to the SWAP
program, I would have to get better direction from my board of
commissioners on how they want us to address that. We have to --
COMMISSIONER HENNING: Well, I'll include that in the
motion then.
CHIEF GREENBERG: -- looked at the SWAP program for 13
years, so --
COMMISSIONER HENNING: Thank you.
CHAIRWOMAN HILLER: So we have two motions --
COMMISSIONER NANCE: Right now we've got one motion to
ask the Public Safety Authority to review it and allow Chief
Greenberg to work with Commissioners to gain comfort regarding
satisfying the standards that are in the ordinance, individual questions
they might have. That's the motion that I originally made.
CHAIRWOMAN HILLER: Do I have a second for that motion?
COMMISSIONER HENNING: And I amended the motion that
the district needs to provide who the medical director is.
COMMISSIONER NANCE: Yes.
CHAIRWOMAN HILLER: So you're amending your motion --
COMMISSIONER NANCE: Yes.
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September 24, 2013
CHAIRWOMAN HILLER: --Commissioner Nance?
COMMISSIONER NANCE: Yes.
COMMISSIONER HENNING: And did you want a second
motion on the other one? I mean, I think it's prime to ask the PSA to
look at, you know, what is better, is it a certificate or a SWAP.
COMMISSIONER NANCE: Certainly, that's --
COMMISSIONER HENNING: That's part of my motion too, to
-- for the district to engage with the PSA on both of those programs.
COMMISSIONER FIALA: We have two motions going on?
COMMISSIONER HENNING: It's the same motion.
CHAIRWOMAN HILLER: Commissioners, it's so complicated.
I need Commissioner Nance to summarize --
COMMISSIONER NANCE: Let's bifurcate it.
CHAIRWOMAN HILLER: No, no, we're going to
comprehensively list out what the items are under a single motion with
a single second. We're not going to have double motions.
COMMISSIONER NANCE: Okay.
CHAIRWOMAN HILLER: Go ahead, clarify. Take it from the
top.
COMMISSIONER NANCE: I would like to have the Board
request that the Public Safety Authority take this item under review to
discuss the standards required by the ordinance and to work with the
district to discuss different elements of their proposal for the COPCN,
an organization as indicated by Commissioner Henning, including
delineating who the medical director that they would be working with
would be.
COMMISSIONER HENNING: That's fine.
CHAIRWOMAN HILLER: Is there a second?
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: Thank you.
Any discussion on the motion?
(No response.)
O-M
September 24, 2013
CHAIRWOMAN HILLER: There being no discussion on the
motion, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Any opposed?
(No response.)
CHAIRWOMAN HILLER: Motion carries unanimously.
CHIEF GREENBERG: Thank you.
Item #13A
PRESENTATION BY THE CLERK OF THE CIRCUIT COURT'S
OFFICE REGARDING AUDIT REPORT 2013 -9 HOUSING,
HUMAN AND VETERAN SERVICES DEPARTMENT: FLORIDA
NON - PROFIT SERVICES — DIRECTING THE COUNTY
ATTORNEY TO BRING BACK A RESOLUTION AT THE NEXT
BOARD MEETING TO FORMALIZE A PROCEDURE TO
STRENGTHEN A STANCE AGAINST IMPROPER CONDUCT
BY GRANT RECIPIENTS AND SET CONTROLS IN THE
APPLICATION PROCESS — CONSENSUS; MOTION TO
ACCEPT REPORT — APPROVED
MR. OCHS: Madam Chairman, you have an 11:30 a.m. time
certain hearing this morning. It is Item 13.A on your agenda. It's a
presentation by Clerk of the Circuit Court's Office regarding Audit
Report 2013 -9, Housing, Human and Veteran Services.
COMMISSIONER HENNING: Is this an updated one?
MR. OCHS: -- Florida Non - Profit Services.
Mr. Miller? I'm sorry, Pat, we'll get you hooked up.
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September 24, 2013
MR. BLANEY: Good morning, Commissioners. For the record,
my name is Patrick Blaney. I'm a Senior Internal Auditor in the
Clerk's Office.
I have a little slide show here for you. I'm here to talk about our
audit report on Florida Non - Profit Services.
CHAIRWOMAN HILLER: Before we begin, a letter was
submitted by Mr. Kuehner. He's unable to attend today.
County Manager, could you kindly submit a copy of that letter to
the court reporter as an exhibit to this agenda item.
MR. OCHS: Yes, ma'am, I will.
CHAIRWOMAN HILLER: Thank you. Go ahead and begin
your presentation.
MR. BLANEY: In 2011 the Board of County Commissioners
awarded Florida Non - Profit Services a $37,000 HOME grant for
accounting and administrative work. In processing their pay request,
finance found an apparent conflict of interest between Florida
Non - Profit Services and the vendor it used for this accounting and
administrative work, Real Estate Technology Corporation.
When we inquired with the Housing Department, they asked
Florida Non - Profit for additional information and found that the pay
requests were for work that had been performed before the grant
period began.
The HOME grant was for $37,707. After four pay requests,
$10,425 had been paid out. The good news is that's been fully
recovered as a result of this audit.
The conflict of interest we found was that the chairman of the
Florida Non - Profit Services, the grantee, was also the president of
Real Estate Technology.
The problem there is that when an organization's officer has an
interest in the firm selected for contract, federal regulations describe
that as a conflict of interest.
In that contract for Florida Non - Profit Services, assigned with
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September 24, 2013
Real Estate Technology for the accounting and administrative work,
Mr. Kuehner signed for the grantee, Florida Non - Profit Services, and
his wife signed as chairman of Real Estate Technology.
The Housing Department authorized reimbursement of $10,425
to Florida Non - Profit Services based upon falsified pay requests
before the conflict was found.
Now, the time sheets that were submitted as part of the pay
request bore dates that were during the grant period, even though they
were for work that was performed before the grant began.
And trying to explain this, the chairman of Florida Non - Profit
Services, Mr. Kuehner, emailed that they viewed the monthly
requisitions or pay requests as reimbursement for the previously
completed work; previously meaning before the grant began.
The good news, after working with the Housing, Human and
Veteran Services Department and the County Attorney's Office for
eight months, we got the 10,425 back. So the taxpayers are out of
pocket nothing on this grant.
And our conclusion is that between the conflict of interest and the
discovery of the falsified invoices, we believe that calls into question
whether Florida Non - Profit Services should be awarded future grant
funding.
Do you have any questions?
CHAIRWOMAN HILLER: I'd like to make a comment, if I
may.
The last statement as to whether or not this organization should
be awarded future grant funding? You know, obviously it's not just
the organization, it's the individuals that perpetrated the fraud that are
called into question here. And, you know, they could basically
reinvent themselves under a different nonprofit and come back and
apply for grants.
And I think what we have to determine is whether or not the
federal government -- in this case -- these were federal funds, weren't
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September 24, 2013
they?
MR. BLANEY: Yes.
CHAIRWOMAN HILLER: Whether the federal government has
a provision that, you know, prohibits a sub - recipient from qualifying
where they have this kind of history and whether the federal
government allows us to establish a policy that prohibits this from
occurring.
And so I would ask the County Attorney to research that
question.
MR. KLATZKOW: May I? Because we've done it this
morning.
CHAIRWOMAN HILLER: Oh, good, thank you.
MR. KLATZKOW: Ms. Belpedio, would you put that on the
monitor and explain to the Board your findings.
MS. BELPEDIO: Sure. Jennifer Belpedio, Assistant County
Attorney.
What I put on the overhead is a letter -- or an email that I had
sent to the County Attorney regarding my discussions this morning
with our HUD technical assistant. Our technical assistant is a liaison
so to speak to HUD. They work for HUD and they are our county
advisor.
What they informed me is that the entities such as Florida
Non - Profit may be prevented from performing on future grant awards.
They recommended that the best way for the county to do so is to
place criteria in our selection process that would state that their prior
actions would not -- would be used against them, that they had
essentially failed to perform in the past.
We presently have that criteria in our selection and we're
working with Housing to strengthen it.
CHAIRWOMAN HILLER: Wouldn't it make sense to have a
resolution that basically formalizes this, that in the event that we find
that a sub - recipient, be it an entity or an individual, that engages in
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September 24, 2013
this type of misconduct comes forward with an application for
additional funding that they automatically be denied?
MS. BELPEDIO: It could be a resolution or any document that
is brought forward to the Board for consideration going forward.
CHAIRWOMAN HILLER: Then I'd like to ask the Board to
consider that we direct the County Attorney to draft a resolution to
that effect and that we formalize this so that we don't subject the
taxpayers to this type of improper conduct.
And secondly, to protect the intended beneficiaries of these
nonprofit services to ensure that they're going to get, you know, the
benefit for the dollars that are intended to be invested in them.
Could we go ahead and do that and then have the County
Attorney bring that back? Do we have to have a motion on that or can
we just do it by way of direction?
MR. KLATZKOW: Direction's fine.
CHAIRWOMAN HILLER: Is that agreeable to the Board?
COMMISSIONER HENNING: Yeah, that's agreeable.
CHAIRWOMAN HILLER: Is that agreeable to the Board?
Thank you. If you could bring it back to the next meeting, I would
appreciate that.
Commissioner Henning?
COMMISSIONER HENNING: Jennifer, you stated that the
Housing Department has policies for grants today. Is there anything
addresses what we're talking about today?
MS. BELPEDIO: The policy that I'm aware of is specifically
stated --
COMMISSIONER FIALA: Jennifer, talk into the microphone,
would you?
CHAIRWOMAN HILLER: Yes, speak louder. Either that or
raise the volume of the mic, please. Either /or.
MS. BELPEDIO: The policy that I'm speaking about is
specifically set forth in the request for application document that I
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September 24, 2013
reviewed for Housing. It sets forth the criteria there. I've not seen a
formal process.
CHAIRWOMAN HILLER: Then what's what we're going to
adopt by way of resolution. And we'll also consider the application
simultaneously.
Is there any other recommendation on the part of the Clerk's
Office to improve internal controls to ensure that this doesn't happen
again?
MR. BLANEY: I believe we did recommend that, and I think
you'll find that the Housing Department has improved their internal
controls.
CHAIRWOMAN HILLER: Thank you.
Leo, are you satisfied with the improvements to internal controls
to protect the interests of the --
MR. OCHS: I am, ma'am, but we'll always continue to improve
either further in our process and our efficiency.
CHAIRWOMAN HILLER: Thank you.
Commissioner Coyle?
COMMISSIONER COYLE: Well, I'm not sure I understood
what Jennifer said. I didn't understand it clearly.
Did you say that we don't have anything in our evaluation
procedures that prohibits this from being done?
MS. BELPEDIO: HUD informed me that we have the right to
have something in our process, that we may preclude an entity like
Florida Non - Profit from participating in the future. But they informed
us that it's not an obligation. If for instance the county or HUD were
to debar this entity, then we would have the obligation.
COMMISSIONER COYLE: Okay. Then let me clarify one
other point.
Do we have procedures which clearly prohibit this kind of
relationship in grant awards?
MS. BELPEDIO: I would say that we don't presently. I believe
September 24, 2013
they need to be strengthened, and we can work with staff on that.
CHAIRWOMAN HILLER: But don't we -- I mean, the CFR's
provide what's prohibited. And staff has an obligation -- Kim is
behind you, if you let her speak. Staff is required to ensure that the
CFR's are being respected.
Now, obviously if fraud is committed, you know, they may not
have the ability to detect that documents are fraudulent unless there is
some sort of investigation or someone comes across it, you know, by
chance. So that is where the difficulty comes in.
So in this case this was uncovered as a consequence of the audit
and the audit is a type of control that we have in place to go back and
check for these kind of bad acts. And the audit revealed that there was
improper conduct and so we will as a matter of policy prohibit the
individual applicant, as well as the entity, from reapplying for any
grant from the county, not just federal grants.
COMMISSIONER COYLE: Well, that's not my question.
Do you understand my question, Kim?
MS. GRANT: I think I do. Let me try this. Kim Grant, Director
of Housing, Human and Veteran Services, for the record.
We do have a prescribed application process. And in that
application process we do evaluate the past history as well as a lot of
other criteria of all applicants. And there are points assigned for the
capacity and experience.
What I've suggested in my response to this audit is that we refine
that further to be more clear. For example, if you have done this, this
or this, you're automatically out. And so we are in the process of
defining that, and that's what's been talked about this morning.
In addition, as Commissioner Hiller mentioned, on an ongoing
basis these requirements for conflict of interest and submitting things
accurately, are outlined in the Code of Federal Regulations, they are in
our sub - recipient agreements, and we do review this as part of our
ongoing monitoring of sub - recipients.
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September 24, 2013
COMMISSIONER COYLE: Then why didn't we catch it when
it was first submitted?
MS. GRANT: Yeah, I think that's a fair question. And I think
the answer would be twofold: Fundamentally at the time that this was
going on we did not have sufficient monitoring in place for this type
of agreement. That's my first answer.
Second, this type of a request for reimbursement is based on time
being spent on a project as opposed to we built a building or we put a
generator in where it's very evident that's been done, it's had
inspections, which makes it a little bit harder to prove were you sitting
at your desk from 9:00 to 12:00 doing this thing.
However, I go back to point one, which is that HHVA has a
responsibility to monitor sub - recipients and to verify the work as it
comes in through the pay requests. I'm confident that we have
procedures in place now to do that.
I have, however, mentioned in my audit reply that again as
Commissioner Hiller kind of mentioned, with conflict of interest we
have several elements already in our processes. We're going to be
adding some additional ones. But there could be obscure things that
would happen outside of even an enhanced set of policies and
procedures that may come up in another way.
But I'm confident that we have identified the right policies and
procedures and are implementing them.
COMMISSIONER COYLE: Okay, thank you.
CHAIRWOMAN HILLER: Any further discussion on the part
of Board or the Clerk's Office?
(No response.)
CHAIRWOMAN HILLER: County Manager, are you satisfied
with what's being done and what's been discussed here today?
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: Great. I'll make a motion to accept
the audit report. I don't know that we have anything to do other than
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September 24, 2013
that. I mean, we've actually taken action with respect to the issues
you've identified and we appreciate you uncovering this. So thank
you.
COMMISSIONER FIALA: Second.
MR. BLANEY: Thank you for your time.
CHAIRWOMAN HILLER: Thank you.
We have a motion and a second to accept the audit report as
presented.
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.
Leo, we have an item at 1:00 p.m. I believe 9.A?
MR. OCHS: Yes, ma'am. Those items cannot be heard prior to
1:00 p.m. They can be heard any time after. You still have a couple
of those airport items that --
CHAIRWOMAN HILLER: We do. And so that was my
question, do we want to go ahead and hear the airport items
immediately after lunch or do we want to hear the advertised public
hearings immediately after lunch? What's the pleasure of the Board?
COMMISSIONER COYLE: I would prefer to do them now. I
think they can be disposed of very, very quickly in view of the first
motion.
CHAIRWOMAN HILLER: The airport items?
COMMISSIONER COYLE: Yeah.
CHAIRWOMAN HILLER: Okay. So you're willing to continue
and delay lunch?
COMMISSIONER COYLE: Yeah. I don't think we'll spend --
CHAIRWOMAN HILLER: Let me ask the court --
September 24, 2013
COMMISSIONER COYLE: -- more than five minutes.
CHAIRWOMAN HILLER: I don't have a problem with that, but
let me ask the court reporter, is that acceptable to you?
THE COURT REPORTER: Yes.
COMMISSIONER NANCE: We may have a lot of public
speakers.
CHAIRWOMAN HILLER: How many public speakers do we
have on those items?
MR. MILLER: We have two registered speakers for 10.E and
none for 14.A.2.
MR. OCHS : A.1.
MR. MILLER: I'm sorry, A.1. Thank you, sir.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: A.1.
CHAIRWOMAN HILLER: Can I hear from the Board as to
whether it would be acceptable to hear those airport related items that
were intended to be heard in succession at this time?
COMMISSIONER HENNING: Yeah, I don't care.
CHAIRWOMAN HILLER: Commissioner Fiala, are you okay
with that?
COMMISSIONER FIALA:
CHAIRWOMAN HILLER:
COMMISSIONER NANCE:
CHAIRWOMAN HILLER:
you take us to the next item?
Item #I OE
Yes.
Commissioner Nance?
Yes.
In that case, County Manager, can
THE BOARD OF COUNTY COMMISSIONERS, IN ITS
CAPACITY AS THE GOVERNING BODY OF THE COLLIER
COUNTY AIRPORT AUTHORITY, EXTEND THE AIRPORT
AUTHORITY EXECUTIVE DIRECTOR'S EMPLOYMENT
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September 24, 2013
AGREEMENT WITH THOMAS C. CURRY, FIXING THE END
DATE OF THE FIRST EXTENSION TERM AS SEPTEMBER 30,
2016, REVISING TRAVEL APPROVAL REQUIREMENTS, AND
AMENDING THE AGREEMENT TO COMPORT WITH CH.
2011 -143, FLORIDA STATUTES AND TRAVEL — MOTION TO
APPROVE — FAILED
MR. OCHS: Yes, Madam Chairman, the next item for a motion
and vote is Item I.O.E. That was the item placed on the agenda by
Commissioner Coyle recommending the extension of the employment
agreement for the executive director.
CHAIRWOMAN HILLER: Commissioner Coyle? And we have
public speakers on that?
MR. MILLER: Yes. On Item 10.A we have two.
CHAIRWOMAN HILLER: Can the two public speakers please
come up.
MR. MILLER: Sure. The speakers are Harold Weeks and
Magda Ayala.
CHAIRWOMAN HILLER: Thank you.
Commissioner Coyle, go ahead.
COMMISSIONER COYLE: I will merely wait until the two
speakers speak and then I'll make a motion.
CHAIRWOMAN HILLER: All right.
MR. MILLER: Mr. Weeks and Ms. Ayala, if you'll come
forward, please.
CHAIRWOMAN HILLER: Is that acceptable to the Board?
COMMISSIONER NANCE: Yes.
CHAIRWOMAN HILLER: Go ahead, you can each stand at one
of the two podiums.
MR. MILLER: Ms. Ayala, you can begin.
MS. AYALA: Good afternoon I guess now.
I don't understand why we didn't get a chance to speak before
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September 24, 2013
you voted on the other item making Mr. Ochs the manager I guess
now of the airports. Is this kind of a moot point now at this point?
CHAIRWOMAN HILLER: Let me -- go ahead, can you explain
why the speakers are speaking now? Did they only register for this
item, as opposed to the other?
MR. MILLER: Yes, this is registered for Item 10.E, yes.
CHAIRWOMAN HILLER: I guess what happened was that
when you registered to speak you only registered for this item and you
didn't register to speak on the other item.
MS. AYALA: Yeah, but you could have waited to vote after we
spoke on what we wanted to speak about.
CHAIRWOMAN HILLER: Could you please explain how the
process works? And don't start her time 'til you explain it.
MR. MILLER: Yes, each item is called individually. And the
speakers are registered by item number. Item 10.1) was called first,
and that item is brought to a resolution before the next item begins,
and then those public speakers are called.
MS. AYALA: But when I'm talking about something that is
related to the other item and you went ahead and voted and didn't get
my input on his contract. Because now this is probably a moot point,
right? Whatever I say --
CHAIRWOMAN HILLER: Attorney, can you clarify for the
benefit of Mrs. Ayala so she can understand?
MS. AYALA: Well, I understand what he's saying. I just don't
get why you guys couldn't wait to vote until after everybody had
whatever they had to say about --
CHAIRWOMAN HILLER: Because --
MS. AYALA: -- the first of it.
CHAIRWOMAN HILLER: No, no, because when we set the
agenda, we agree that we're taking item by item and we were going to
vote on the items individually.
COMMISSIONER FIALA: Let me add, because we didn't know
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September 24, 2013
that's what you wanted to talk about. We thought you wanted to talk
about IO.E. We didn't know you wanted to talk about --
MS. AYALA: Oh, no, I didn't want to talk about the other one.
But you could have waited on that vote. Because now what you told
me when you voted for that was that Mr. Curry is not going to be
around. So if I want to talk about Mr. Curry being around, then what's
the point? That's my point.
And I get the way you have your orders or whatever it is that you
do, but I don't think that you should have done that without listening
to the people that wanted to speak about Mr. Curry and his contract,
voting to put Mr. Ochs in that position without hearing what we have
to say about it.
MR. KLATZKOW: This is a separate agenda item. You're free
to vote any way you want.
COMMISSIONER HENNING: We all understand.
MS. AYALA: Yeah, I get that. I get that. But I just don't get
why they couldn't wait on the vote or why it was ordered in the way it
was ordered.
So now you have a couple of speakers that what we say is, what,
you can go like this (indicating humming) and not hear?
Anyway, that's beside the point. I think you're doing a great
disservice to Immokalee by -- and I'm saying Immokalee because I'm
from Immokalee -- to get rid of Mr. Curry's contract or not extend his
contract. He's done a great job. He's done a great job for the
community. And not just -- and I'm saying the community, because
he's been around the community. You can go anywhere and see him.
I've seen him at Rotary meetings, at our Chamber meetings, at the
CRA meetings, at the football games. You know, he's everywhere, he
talks to everyone, he knows a lot of the people. He's gotten involved
with the community. Are we going to get that same level of service
with Mr. Ochs?
He's been a great promoter for our town, for the airport, for the
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September 24, 2013
businesses, for -- and of course that goes without saying that he's got
all this money to fix a runway that hasn't been touched in what, since
World War II, 50 years, 60 years, I don't know what the math is at this
point. But that's a lot of money to fix something.
And I know that's coming next and you'll get to vote on that next,
and I'm hoping that you decide you will take care of that. I mean,
that's something that's super old and not safe. And we need that airport
in our community. We need to have those businesses that come in
there. I mean, we see a lot of airplanes come in. We know that our
football team is pretty good and we have people that come from all
over to scout. What do we do if we don't have an airport? What do
they do? They like coming there. It's easy, it's right there. You have
-- sorry. Thank you.
MR. MILLER: Your next speaker is Harold Weeks. He's your
final registered speaker on Item IO.E.
MR. WEEKS: I'm Harold Weeks, President of the NAACP,
Collier County branch. I'm sorry I missed the dunking the other day.
I probably would have gone broke at the scene. I think some of you
are perhaps still wet from that event.
I want to tell you, I have great sorrow in my heart for this
community. I'm here to speak on Chris's behalf. We all know that
he's a professional. And he has delivered. There's no question about
it, so we won't go over that.
He's a rare individual, and he's -- it's going to be a great loss to
not only the African community but also to the Collier County
community with him going. And I understand say going. I know that
a decision has been made; it was made a long time ago and it's
certainly not going to change here today.
But what I want to bring to your attention is the fact that Chris is
a man. I don't know if you understand what that means. But he has
delivered; he's a professional man. You are sitting there professionals
in your own right. There might be some question in that, but I'll give
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September 24, 2013
you that benefit.
And he has been asked in the recent past working with
Commissioner Henning to come to a compromise on how they could
make these airports work properly. And he has come up with a plan.
Perhaps it wasn't the plan that would be accepted, but he has delivered
on all counts on his part. And to be treated as a man this way is
unethical.
I don't particularly understand it. I have my own ideas on why
this is coming about, which perhaps after the -- after this event has
gone by, delivered by the tribunal here, that I will further investigate.
Perhaps with your help.
The other thing is I want to mention Mr. Ochs, you asked him to
take over the deliverance of this. Well, understand this, Mr. Ochs has
delivered. Mr. Ochs was the one who hired Mr. Curry. Have we
forgotten that? He's the one whose choice was in his lap to bring this
man to Collier County. As far as I'm concerned, he has delivered and
he has delivered greatly. Now you're ready to tear that apart and ask
the same man to do the job again.
The other thing is, understand this, we lost a great plum that
came to Estero. And if you continue with these antics that you present
before Collier County, you're going to lose others.
I know my time is exhausted, it's been exhausted before by
others, so I'm going to exhaust it some more. I want you to pay
attention to where this county is going. As far as Immokalee Airport
not being ready, that's not right, you have to be ready in order to
improve and deliver. I'm going to leave you with that. And I want to
thank you for your -- for my time. Thank you very much.
CHAIRWOMAN HILLER: Thank you.
Commissioner Coyle?
COMMISSIONER COYLE: I make a motion to approve.
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: There's a motion and a second. Is
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September 24, 2013
there any further discussion?
(No response.)
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER COYLE: Aye.
CHAIRWOMAN HILLER: All opposed?
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion fails three -- 2 -3, 3 -2, with
Commissioners Nance, Henning and Hiller dissenting.
Item # 14A 1
RECOMMENDATION TO ACCEPT THE PROPOSAL FOR
REQUEST FOR PROPOSAL (RFP) #13 -6083 AIRPORT
MANAGEMENT CONSULTANT FROM UNISON CONSULTING
INC. AND DIRECT THE COUNTY MANAGER TO NEGOTIATE
A CONTRACT TO BE BROUGHT BACK TO THE BOARD FOR
APPROVAL — MOTION TO REJECT PROPOSAL — APPROVED
MR. OCHS: Madam Chair that would take you to Item 14.A.1.
And this is the recommendation to accept the proposal for RPF
13 -6083 Airport Management Consultant from Unison Consulting,
Incorporated. I know the Board had some other --
CHAIRWOMAN HILLER: Yeah, we had earlier discussion
about this. And I'd like to make a motion to continue this, pending the
review of the operation of the airports by the County Manager's office.
COMMISSIONER NANCE: Second it.
MR. OCHS: Madam Chair, Commissioners, if I might ask for a
slight modification. Given the length of time that this RFP has been in
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play and some of the concerns from Commissioner Coyle and others,
and the fact that we only got one proposal, if I do come back at a later
date and recommend some consulting, I would prefer that we go out
for a separate RFP and --
CHAIRWOMAN HILLER: So then in that case --
MR. OCHS: -- see if we can refresh this instead --
COMMISSIONER NANCE: Mr. Ochs -- excuse me, ma'am.
Is there a time limit on the RFP? Are we running out on that? Is
that where we are?
MR. OCHS: I'll ask Ms. Markiewicz to address that. It's
certainly fairly stale. That's not a technical term, but Joanne could
probably give you a little bit more on that.
CHAIRWOMAN HILLER: Can I ask then -- I'm going to
withdraw my motion in light of what you said. Should the motion be
denial of the --
MS. MARKIEWICZ: Joanne Markiewicz, Interim Purchasing
Director.
Yes, Commissioner, I would recommend that you reject the
proposal.
CHAIRWOMAN HILLER: Then I make a motion to reject the
proposal.
COMMISSIONER COYLE: Second.
MS. MARKIEWICZ: Commissioner Nance, to answer your
question, generally we ask proposers to hold their pricing, hold their
proposal for 180 days.
COMMISSIONER NANCE: I'm fine in light of the motion and
the second.
MR. OCHS: Thank you.
CHAIRWOMAN HILLER: I'm sorry I meant to call on you,
Commissioner Henning.
COMMISSIONER HENNING: That's fine.
Discussion with Mr. Ochs prior to putting my item on the agenda
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to make sure that we cover all the bases, one thing he did say, you
know, it's going to take me time to do some evaluation. So please
allow the County Manager to do his due diligence and come back with
recommendations. And if there's any further action that needs to be
done in your minds, please hold that or communicate with the County
Manager ahead of time.
You know, I don't know if there's any ideas about again selling
airports. To me that's not what we should be doing, but everybody's
due to their own opinion.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes, I would have preferred to see
these dollars going to reduce the debt at the Immokalee Airport. It
would have been much wiser spent to just keep Chris on board.
But I'm going to ask you, Leo, from this day on I want you to
keep on track of how much it's going to cost us now to do all this. I
want to know facts and figures. How much -- if we lose money how
much it's going to cost us, if we have to spend more money, how
much it's going to cost us. Because I want to know what this decision
affects -- how this decision affects our bottom line.
MR. OCHS: Yes, ma'am.
Madam Chair, you have a motion and a second.
CHAIRWOMAN HILLER: I believe Commissioner Nance
wants to --
COMMISSIONER NANCE: Yes, I just want to say one more
thing. There have been a lot of agenda items that we have gone over,
and I think it's appropriate to go back and look and see what the Board
did and what some of those discussions were with the County
Manager, now that he's got this responsibility, to allow him to take a
look at some of the things we talked about. Perhaps we could even
bring some of them back at his recommendation when he gets an
assessment of his staff and what he feels like he has to do.
MR. OCHS : Understood.
September 24, 2013
CHAIRWOMAN HILLER: We have a motion and a second.
Do we have a second?
COMMISSIONER HENNING: Yes.
CHAIRWOMAN HILLER: We have a motion and a second to
reject this vendor.
There being no further discussion, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Any opposed?
(No response.)
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. OCHS: Madam Chair, on your change sheet you did have
under your time certains Item 14.A.2 to immediately follow the three
items that you've just disposed of. That was the annual appraisal for
the Executive Director. I don't know how the Board wants to proceed
at this point.
CHAIRWOMAN HILLER:
with that at this time?
COMMISSIONER FIALA:
COMMISSIONER NANCE:
Would the Board like to proceed
What use?
I would.
CHAIRWOMAN HILLER: Okay. Commissioner Nance would
like to proceed with that item. Can we go ahead and just identify the
item for the record?
Item #14A2
THE ANNUAL PERFORMANCE APPRAISAL FOR THE
AIRPORT AUTHORITY EXECUTIVE DIRECTOR — MOTION
TO ACCEPT APPRAISAL — APPROVED
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September 24, 2013
MR. OCHS: It's Item 14.A.2. It's the annual performance
appraisal for the Airport Authority Executive Director.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes, I'll make a motion to continue
this item indefinitely.
CHAIRWOMAN HILLER: County Attorney, can that be done?
COMMISSIONER NANCE: In light of the other agenda items.
MR. KLATZKOW: You can do it. In essence what you're doing
is it's over. Mr. Curry's last day is the last day of September. So if
you're going to continue to a follow meeting, it becomes moot.
COMMISSIONER FIALA: What point is that at all? I mean,
you've just fired the guy. What point is it to continue this?
COMMISSIONER COYLE: Well, if I may, I'm going out of
order here, but can I make a comment?
CHAIRWOMAN HILLER: Yes, please, go ahead.
COMMISSIONER COYLE: We can accept the performance
evaluations. We don't have to debate them. But, you know, some of
us have evaluated Chris Curry, and it ought to be part of the record.
COMMISSIONER NANCE: I'll withdraw my motion,
Commissioner Coyle, if you'd like to make another motion.
COMMISSIONER COYLE: I'd like to make a motion that we
accept the performance appraisal of Chris Curry as the Airport
Authority Executive Director.
COMMISSIONER NANCE: I'll second that.
CHAIRWOMAN HILLER: Accepted for purposes of placing it
on the record.
COMMISSIONER NANCE: I will second that.
CHAIRWOMAN HILLER: I just want to clarify one thing.
Were the actions taken termination? It was -- was Mr. Curry fired?
MR. KLATZKOW: No.
CHAIRWOMAN HILLER: He wasn't.
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September 24, 2013
COMMISSIONER FIALA: No, you're right, he isn't fired. It's
just you've let him go for no apparent reason at all.
CHAIRWOMAN HILLER: We haven't let him go either.
So there is a motion to accept the appraisals that have been
submitted as part of the record. And we have a second.
Is there any further discussion?
(No response.)
CHAIRWOMAN HILLER: Do we have any public speakers?
MR. MILLER: No, ma'am.
CHAIRWOMAN HILLER: Mr. Curry, would you like to speak?
MR. CURRY: I'll say just a couple words. Certainly like to
thank the Board of County Commissioners who have supported me
during my time here. Like to thank the county staff, the County
Manager who's been a pleasure to work with, and also my staff for
doing such a great job these last three years. And I think that we have
certainly put the airports on a path for success. With that, thanks for
the opportunity to work for Collier County.
COMMISSIONER FIALA: Boy is that a nice guy.
(Applause.)
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Any opposed?
(No response.)
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. OCHS: Madam Chair, these last two items were not on the
time certain agenda, but you have your airport staff here. I don't know
if you want to deal with these two grant acceptance items while the
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staff is here or come back after lunch and deal with those.
CHAIRWOMAN HILLER: I think they should come back,
because we will probably have some more discussion on this. And I'm
concerned that, you know, with -- I would like to have those public
hearings as soon as possible, as close to 1:00, because it is normally
how we do it.
So I'd like to go ahead and move back to the advertised public
hearings and then deal with the agenda in the order presented. We
have a whole host of people here in the public anticipating this.
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: Thank you. So we will now
adjourn, we'll be back at 1:15 to resume.
(Luncheon recess.)
MR. OCHS: Madam Chairman, you have a live mic.
CHAIRWOMAN HILLER: Thank you. If we could proceed to
the public hearing agenda items which I believe begin with 9.B.
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: Or I'm sorry, 9.A.
Item #9A 1
ORDINANCE 2013 -56: AN ORDINANCE AMENDING
ORDINANCE NO. 04 -01, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES
THE COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION
TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF
AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER
ONE - GENERAL PROVISIONS, INCLUDING SECTION 1.06.01
RESPONSIBILITY FOR INTERPRETATIONS; CHAPTER TWO -
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ZONING DISTRICTS AND USES, INCLUDING SECTION
2.03.01 AGRICULTURAL ZONING DISTRICTS, SECTION
2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS;
CHAPTER THREE - RESOURCE PROTECTION, INCLUDING
SECTION 3.02. 10 STANDARDS FOR SUBDIVISION PLATS,
SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR
VEGETATION PROTECTION AND PRESERVATION, SECTION
3.05.03 PROCEDURES, SECTION 3.05.07 PRESERVATION
STANDARDS, ADDING SECTION 3.08.00 ENVIRONMENTAL
DATA REQUIREMENTS; CHAPTER FOUR - SITE DESIGN
AND DEVELOPMENT STANDARDS, INCLUDING SECTION
4.03.01 GENERALLY, SECTION 4.03.03 EXEMPTIONS,
SECTION 4.03.01 LOT LINE ADJUSTMENTS, SECTION 4.05.04
PARKING SPACE REQUIREMENTS, SECTION 4.07.02 DESIGN
REQUIREMENTS; CHAPTER FIVE - SUPPLEMENTAL
STANDARDS, INCLUDING SECTION 5.03.06 DOCK
FACILITIES, SECTION 5.04.01 TEMPORARY USE PERMITS,
SECTION 5.04.05 TEMPORARY EVENTS, ADDING SECTION
5.04.08 FILM PERMIT, SECTION 5.05.01 BUSINESSES
SERVING ALCOHOLIC BEVERAGES, SECTION 5.05.05
AUTOMOBILE SERVICE STATIONS, SECTION 5.05.08
ARCHITECTURAL AND SITE DESIGN STANDARDS, SECTION
5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN
RESIDENTIAL DISTRICTS, SECTION 5.06.04 DEVELOPMENT
STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS,
SECTION 5.06.11 PERMIT APPLICATION AND REVIEW
PROCESS; CHAPTER SIX - INFRASTRUCTURE
IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES
REQUIREMENTS, INCLUDING SECTION 6.01.02 EASEMENTS,
ADDING SECTION 6.01.05 SOIL EROSION AND SEDIMENT
CONTROL PLAN, SECTION 6.02.01 GENERALLY, SECTION
6.02.03 TRANSPORTATION LEVEL OF SERVICE
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REQUIREMENTS, SECTION 6.04.03 FIRE HYDRANTS,
SECTION 6.05.01 STORMWATER MANAGEMENT SYSTEM
REQUIREMENTS, SECTION 6.06.01 STREET SYSTEM
REQUIREMENTS, SECTION 6.06.02 SIDEWALKS, BIKE LANE
AND PATHWAY REQUIREMENTS; CHAPTER 9 -
VARIATIONS FROM CODE REQUIREMENTS, INCLUDING
SECTION 9.02.06 REQUIRED NOTICES FOR VESTED RIGHTS
DETERMINATION PROCESS, INCLUDING PUBLIC
HEARINGS, SECTION 9.03.07 NONCONFORMITIES CREATED
OR INCREASED BY PUBLIC ACQUISITION, DELETING
SECTION 9.04.07 SPECIFIC REQUIREMENTS FOR WAIVER OF
AUTOMOBILE SERVICE STATION DISTANCE
REQUIREMENTS; CHAPTER TEN - APPLICATION, REVIEW,
AND DECISION - MAKING PROCEDURES, INCLUDING
SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED,
SECTION 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL
APPLICATIONS, SECTION 10.02.03 SUBMITTAL
REQUIREMENTS FOR SITE DEVELOPMENT PLANS,
SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS,
SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR
IMPROVEMENTS PLANS, SECTION 10.02.06 SUBMITTAL
REQUIREMENTS FOR PERMITS, SECTION 10.02.07
SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF
PUBLIC FACILITY ADEQUACY, SECTION 10.02.08
SUBMITTAL REQUIREMENTS FOR AMENDMENTS TO THE
OFFICIAL ZONING AND LDC, SECTION 10.02.09 SUBMITTAL
REQUIREMENTS FOR TEXT AMENDMENTS TO THE LDC,
SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD)
PROCEDURES, SECTION 10.02.15 MIXED USE PROJECT
PROCEDURES WITHIN THE BAYSHORE GATEWAY
TRIANGLE REDEVELOPMENT AREA, SECTION 10.03.5
NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE
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September 24, 2013
THE BCC, THE PLANNING COMMISSION, THE BOARD OF
ZONING APPEALS, THE EAC, AND THE HISTORIC
PRESERVATION BOARD, ADDING SECTION 10.03.06 PUBLIC
NOTICE AND REQUIRED HEARINGS FOR LAND USE
PETITIONS, SECTION 10.08.00 CONDITIONAL USES
PROCEDURES; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND
SECTION SIX. EFFECTIVE DATE — ADOPTED
Item #9A2
ORDINANCE 2013 -57: AN ORDINANCE AMENDING
ORDINANCE NO. 2004-66 THAT CREATED AN
ADMINISTRATIVE CODE FOR COLLIER COUNTY;
PROVIDING FOR ADDITION OF SECTION 2 -13 FEES
RELATING TO LAND DEVELOPMENT; PROVIDING FOR THE
REPEAL OF EXHIBIT "A" RELATING TO FEES AND COLLIER
COUNTY CONSTRUCTION STANDARDS MANUAL;
PROVIDING FOR THE ADOPTION OF EXHIBIT "B ",
ADMINISTRATIVE CODE FOR LAND DEVELOPMENT;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR CODIFICATION AND INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE — ADOPTED
MR. OCHS: Yes, ma'am. We begin with Item 9.A. And 9.A is
a recommendation to approve a host of Land Development Code
amendments, including amendments to your Administrative Code that
will set conditions for the Hearing Examiner to conduct hearings on
the items that the Board had previously authorized.
And I am not going to read this whole long title unless the
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County Attorney requires me to.
So with that, I will ask Caroline to please step forward and begin
the presentation.
CHAIRWOMAN HILLER: It's 9.A.
COMMISSIONER FIALA: So you don't want to read this whole
thing?
MR. OCHS: No, I need Mark Isackson here for all that reading.
MS. CILEK: Trust me, it's very interesting reading.
Good afternoon, Commissioners. Caroline Cilek, for the record,
and I'm a Senior Planner within the Growth Management Division.
It is my pleasure today to present to the Board the Administrative
Code for Land Development, hereafter referred to as just the
Administrative Code, and the corresponding LDC Amendments, as
well as provisions to bring the Office of the Hearing Examiner to
fruition.
The Administrative Code is one of several Board initiatives to
streamline the development process which began in 2010. One of the
first was to conduct an LDC amendment cycle which was completed
last year. This cycle ranged from fixing small errors in the LDC to
larger amendments to allow for new site design flexibility.
However, before requesting a new cycle we had several tasks to
complete. The first was to generate the Administrative Code and most
recently to prepare for the Office of the Hearing Examiner. To
accomplish these tasks, I have worked with Growth Management
Division staff, the County Attorney's Office, in particular Ms. Heidi
Ashton - Cicko, Mr. Strain, the Chairman of the Planning Commission
and our new Hearing Examiner, as well as Mr. White, a nationally
recognized land use attorney, and many stakeholders to finalize the
Administrative Code in the corresponding LDC amendments.
At your request I can give a detailed presentation or I can provide
just a few highlights. What would be the Board's --
CHAIRWOMAN HILLER: I would like to recommend
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highlights. The details are in the backup and viewable online by the
public. And so if you could give us what are the highlights of these
changes, that would be appreciated.
MS. CILEK: Sure. The Administrative Code is comprised of the
procedures for land use activities that stem from the planning and the
development processes established in the LDC.
The goal of the Administrative Code is very simple. It is
designed to be a user friendly guide for applicants, design
professionals, the public, county staff in understanding many of the
complex permitting procedures in the county. This helpful tool
describes the application contents, the review process, public notice
requirements, review by county advisory boards, if required, and the
general approval process. The Administrative Code clearly articulates
the requirements in the process for land use applications.
During this process of creating the Administrative Code we
encountered several complex inconsistencies within the LDC. This
led to a large effort to generally tidy up the Land Development Code.
And in doing so we streamlined similar processes, consolidated
duplicative information and several sections were rewritten to reflect
the current order of work. A list of the specific changes is in your
executive summary.
I'm also here today and very pleased to present materials related
to the Office of the Hearing Examiner, included in your Executive
Summary. And within the Administrative Code itself is the list of the
land use petitions which are proposed to be heard by the Hearing
Examiner.
Next up is LDC Amendment 810.00 which establishes the basic
requirements necessary to implement the Hearing Examiner as a final
decision maker within the LDC. This provision provides the ability
for the Hearing Examiner to hear land use petitions as approved by the
Board.
As a follow -up to this, staff seeks direction to amend the
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respective sections within the LDC to reflect that the Hearing
Examiner is indeed a final decision maker for many land use petitions,
and this will provide clarity to applicants.
We also have before you today an LDC amendment to
implement a new land use petition process referred to as a site plan
with deviations for redevelopment. This new petition follows Board
direction from earlier this year and will allow for redevelopment
projects to seek deviations for site features when existing building
structures or site features have become nonconforming over time.
These deviations will be heard and may be approved by the Hearing
Examiner.
The proposed Administrative Code and LDC Amendment were
thoroughly vetted. They were vetted by the DSAC Services Advisory
Committee, their Sub - Committee, as well as the Planning
Commission. The Sub - Committee for DSAC was composed of
planners and land use attorneys, and all of those meetings were
attended by many stakeholders.
On August 15th, the Planning Commission reviewed and
discussed the proposed materials and provided a 6 -0 vote with one
abstention for those items relating to the Office of the Hearing
Examiner. For all the materials a vote of 7 -0 for approval was
provided.
Looking into the future: Following a brief respite we request to
seek a new LDC amendment cycle with a -- and hope to bring forward
a prioritized list of LDC amendments for the Board and for their
reflection, and we request to do this in the near future.
CHAIRWOMAN HILLER: Thank you. If I could just
comment. I've got two Commissioners that would like to speak, but
the comment you just made about a prioritized list --
MS. CILEK: Yes.
CHAIRWOMAN HILLER: -- is an excellent one and I really
appreciate you raising it at this time.
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What I would like to suggest is that you bring it back either at the
next meeting or the meeting following that, and that along with that
priority list set a time line of how many items you can address within
a certain number of months.
MS. CILEK: Certainly.
CHAIRWOMAN HILLER: Because rather than try to come
back with so much at once, which is harder for us to review and
assimilate, it -- you know, as they say, inch by inch everything is a
cinch.
MS. CILEK: I understand.
CHAIRWOMAN HILLER: So that would be really -- it would
be great.
Leo, you know, if we could have that possibly the next meeting
or the meeting after that?
MR. OCHS : How about the meeting after next?
CHAIRWOMAN HILLER: Yeah, that's fine.
MR. OCHS : Thank you.
CHAIRWOMAN HILLER: And again, with a time table.
The Board will review the priorities, the Board will maybe, you
know --
MS. CILEK: Sure.
CHAIRWOMAN HILLER: -- Juggle what you're suggesting up
to suit the Board's direction. But the time table would be helpful so we
can fit those items into slots.
MS. CILEK: Absolutely.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you.
Can I address just one, it's the Hearing Examiner.
MS. CILEK: Okay.
COMMISSIONER FIALA: Okay. At first when we were
creating the position, I know that the majority wanted to create the
position, and I kind of figured out why. So I started meeting with
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Mark, and then I had met with staff members, and then I met with
people on the outside. And unanimously -- not one said no, we don't
like it. Everybody is for this.
Now, that says a lot to me, when the outside community is for it
and our own people who know what's going on are for it. And Mark
didn't seem to mind it too much himself. And so I want to say that one
of the things that they emphasized, the developers on the outside, and
it's already written in here numerous times, that it's minor adjustments.
They want to make sure they don't go through that whole process and
spend all the money for just minor adjustments. And of course Mark
is already intent on doing that.
And so I feel that that's such a good thing and I want to -- I would
like to make a motion to accept it.
MS. CILEK: Awesome.
CHAIRWOMAN HILLER: Can I cheer you on? That was
beautiful. I actually have heard that that position is now being looked
at by other counties and being considered as a model for other
jurisdictions, which is really great. It's wonderful to be a role model.
MS. CILEK: I'm happy to bring it forward today.
CHAIRWOMAN HILLER: Super.
Well, I think we -- Commissioner Henning?
COMMISSIONER HENNING: Thank you.
You stated that the Hearing Examiner, under items that the
Hearing Examiner hear would be the final decision?
MS. CILEK: For those the Board approves, yes. He'll be a final
decision maker.
COMMISSIONER HENNING: There's no right to petition?
MS. CILEK: Pardon?
CHAIRWOMAN HILLER: No, appeal.
COMMISSIONER HENNING: Appeal.
MS. CILEK: Oh, absolutely, yes. A final decision will be
provided by the Hearing Examiner, and then if there is an appeal
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process, then that appeal would go to the Board.
COMMISSIONER HENNING: Okay.
COMMISSIONER FIALA: And it says that clearly, which I like
as well. I think I made a motion, but --
CHAIRWOMAN HILLER: I'll second that.
COMMISSIONER HENNING: I'll second it.
CHAIRWOMAN HILLER: All right, let Commissioner
Henning second it.
COMMISSIONER HENNING: That was mine.
CHAIRWOMAN HILLER: Commissioner Coyle, would you
like to speak?
COMMISSIONER COYLE: Yes.
CHAIRWOMAN HILLER: Really?
COMMISSIONER COYLE: Yes.
CHAIRWOMAN HILLER: Well, then I'll turn your light off so
you can get started.
COMMISSIONER COYLE: I don't get to speak very much in
these hearings but nevertheless.
CHAIRWOMAN HILLER: Oh, but you do, and we love to hear
the sound of your voice. It's like music to our years.
COMMISSIONER COYLE: Yes, I know.
The Hearing Examiner was hired in May of this year; is that
correct?
MS. CILEK: Around there, I believe.
COMMISSIONER COYLE: How many hearings have we had?
MS. CILEK: Well, the office will open up following the
adoption of some of the materials that I'm bringing forward today. So
the plan is for it to come to fruition in October.
COMMISSIONER COYLE: Okay, So how much are we paying
for this Hearing Examiner?
MS. CILEK: I don't have those numbers, I'm sorry.
COMMISSIONER HENNING: Are we on the LDC
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Amendments?
CHAIRWOMAN HILLER: We are.
COMMISSIONER COYLE: Yeah. Well, there's an important
point here I want to get to.
So we hired a Hearing Examiner in May, he's not really going to
be able to do hearing examiner work until October, and we have been
paying him all this time rather than getting the paperwork done in the
beginning and doing it the right way.
COMMISSIONER HENNING: It's irrelevant to the item on the
agenda.
COMMISSIONER COYLE: It's not irrelevant, because it's a
waste of taxpayer money. If you wanted to do this properly, you
would have done the paperwork that was necessary to establish the
office legally rather than hiring -- rushing in to hiring somebody and
then doing the paperwork to make it legal. That's my point.
It's lousy staff and legal work. I told you then you should not do
this until you had done all of the things that were necessary to set this
up properly. And we'll talk about another one of these when we get
up to the next item too. But it just is an example of the really sloppy
legal work and administrative work to rush in to hire somebody for a
job that hadn't even been defined.
I at that time asked you to establish the job description before
you made the hire. No, we're going to do it right now. So they did it
right now. Okay, that's all I'm going to say.
CHAIRWOMAN HILLER: Thank you for your comments,
Commissioner Coyle. Unfortunately you're mistaken because the
intent --
COMMISSIONER COYLE: No, I'm not mistaken,
Commissioner Hiller.
CHAIRWOMAN HILLER: -- was to have --
COMMISSIONER COYLE: It's been very, very clear from the
very beginning what your intent was.
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September 24, 2013
CHAIRWOMAN HILLER: -- the Hearing Officer -- no, it's not
my intent, it's the Board's intent -- to have the Hearing Officer actually
work on drafting the details of the position. So during this time that
Hearing Officer has been working very closely with staff and the
County Attorney's Office to get all of this work done to get the
position in place.
Commissioner Nance?
COMMISSIONER NANCE: Yes, I would like to start by
thanking the staff for the hard work they put into this, and just letting
everyone know that I believe the majority of the people who have
taken a look at this realize how valuable this is and what an excellent
process it has been. How much it streamlined the process, how much
it's going to be able to make our new position of the Hearing Examiner
practicable and work in the real world.
And I echo exactly what Commissioner Fiala said.
Commissioner Coyle may have thought that it was backwards in its
process, but I'll tell you, it is going to result in an absolute wonderful
work product.
And in this case I will tell you, I think the means justify the result
and I think it's going to be absolutely wonderful. So I congratulate
Heidi, Caroline and Mark for getting together with staff, with people
in the community. This has been a community effort. This is the sort
of reform that really gets me excited, and the community should be
delighted that the Board of County Commissioners is getting a product
like this and we're going to go forward and we're going to actually see
some good effective changes in the real world that are going to make a
difference in Collier County. So I want to thank you first and
foremost. I'll make some other comments later.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: I'd like to add to that. One of the
things -- another asset that is, is now when Bruce Register goes out to
try and attract businesses to the area, that is a positive. One of the
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September 24, 2013
things that hung over our head for many years was the slow process
and the cost of the process to get to the finish line and permitting and
zoning and so forth. Well, I realize he doesn't have anything to do
with that, but the minor things, he'll be able to take care of that, gets it
off the shelf so that our staff can work on other things. But they've
improved.
Nick, pat on the back again and again and again. You too, Jamie.
I'll tell you, they've made a whole world of difference in the last three
years when he's taken over. And they've worked diligently. They had
a lot of stuff to overcome, but they did. And we're getting so many
wonderful letters now. I send them to you, don't I? So I just want to
say Mark will be an asset to that department.
CHAIRWOMAN HILLER: Thank you.
Do we have any public speakers?
MR. MILLER: We have one registered speaker for this item,
yes, ma'am.
CHAIRWOMAN HILLER: Can we hear that speaker?
MR. MILLER: Bruce Anderson.
MR. ANDERSON: Good afternoon, Commissioners. My name
is Bruce Anderson from the Roetzel and Andress Law Firm.
I too want to compliment staff on the great work that they did on
this. Not just the Hearing Examiner ordinance but the Administrative
Code and getting things moved over. That is a huge task.
And I went through all of this, most of it over the weekend, and it
looks like they really covered everything. I particularly like the site
plan with deviation process. I think that is really going to be a good
thing to get some of these vacant properties up and useful and paying
taxes again.
And delight is the correct word, Commissioner Nance. Yes, for
those of us who have to practice here regularly, we're very much
looking forward to a speedier process.
CHAIRWOMAN HILLER: Just a quick question, Bruce. What
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was the opinion of the LJLI with respect to the hearing officer? What
was their thoughts on that after they heard about it during the
presentation?
MR. ANDERSON: I think it's been pretty much unanimous
amongst those in the industry that something that speeds up the review
process is a good thing.
CHAIRWOMAN HILLER: So everybody was happy with it?
MR. ANDERSON: Yes, yes.
I wanted to ask about one specific code provision that's being
moved around, and it's the post -take procedures and about adjusting of
Land Development Code requirements when there's a taking for public
purpose.
And my question is, does this apply only to developed property
or does it also apply to undeveloped property when there are
negotiations going on to acquire right -of -way?
CHAIRWOMAN HILLER: County Attorney?
COMMISSIONER FIALA: That's a good question.
MR. KLATZKOW: Heidi, you want to take this?
MS. ASHTON- CICKO: Let me make sure I'm clear on what
your question is. And for the record, Heidi Ashton - Cicko, Assistant
County Attorney.
So your question is does the site plan with deviations apply to
post -take plans?
MR. ANDERSON: No, no. My question is whether the
post -take provisions of the code apply to undeveloped properties as
well as developed properties, as far as getting some relaxation when
necessary because of a governmental taking.
MS. ASHTON- CICKO: Okay. The applicable provision in the
Land Development Code is 9.03.07. And the section that deals with
post -take plans I think is subsection D, somewhere later on in the
section.
The post -take plan part deals with developed properties that
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September 24, 2013
cannot be remedied under A. B and C. A and B under that section
deal with undeveloped property. So we have addressed it under
9.03.07. I'd be happy to talk with you further on the side if you have
some particular questions about it.
But not all developed property has to go through a post -take plan.
There are some relaxed provisions that are, you know, under A, B and
C under that section.
MR. ANDERSON: For undeveloped?
MS. ASHTON- CICKO: Correct. And also developed.
MR. ANDERSON: Okay.
CHAIRWOMAN HILLER: Is that satisfactory?
Let me recommend the following: Why don't you -- if this gets
all approved it still can come back for modification at a later time.
And because we're going to start segmenting how we're going to make
amendments, you're not going to have to wait, you know, a year
before a change is made if there's a problem. So why don't you sit
down with Heidi, work through it, and if it turns out that there's
something wrong we can include it as one of the first items in our
priority list to be corrected for the better.
MR. ANDERSON: Thank you very much.
CHAIRWOMAN HILLER: Thank you.
If there are no further public speakers and no further discussion,
we have a motion to adopt as recommended by staff and a second.
Do we have to be more detailed than that?
COMMISSIONER FIALA: Well, actually, I just addressed the
Hearing Examiner, but I can do the whole thing.
CHAIRWOMAN HILLER: Can you do the whole thing?
COMMISSIONER FIALA: Oh, yeah.
I saw nothing wrong with it. And as I read through it and studied
it, I thought it was a great piece of work. I don't know how you got
through all this stuff.
CHAIRWOMAN HILLER: The detail -- the recommendation --
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September 24, 2013
COMMISSIONER FIALA: So I make a motion to accept the
whole amendment.
CHAIRWOMAN HILLER: Okay. It's the amendment -- the
amendment to -- the enactment of the county ordinance, which is an
ordinance amending Ordinance 04 -01, as amended. And also the
ordinance amending Ordinance 2004 -66. Is that okay?
COMMISSIONER FIALA: The Board provides approval of --
CHAIRWOMAN HILLER: Just a second.
COMMISSIONER FIALA: -- one ordinance amending the
existing Administration Code and the adoption of the Administrative
Code for land development and the corresponding LDC amendments.
CHAIRWOMAN HILLER: Is that sufficient as a motion?
MR. KLATZKOW: Bingo.
CHAIRWOMAN HILLER: Okay. Then we'll -- we have a
second?
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: I have a second from Commissioner
Henning.
There being no further discussion, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Any opposed?
COMMISSIONER COYLE: Aye.
CHAIRWOMAN HILLER: Motion carries 4 -1 with
Commissioner Coyle dissenting.
MS. CILEK: Thank you very much.
MR. OCHS: Commissioners, that takes us to 9.B. Or did they
just do that?
MS. CILEK: I think they just did 9.B.
MR. KLATZKOW: That was 9.A.
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Item #9B
ORDINANCE 2013 -58 AND RESOLUTION 2013 -216:
RECOMMENDATION TO (1) ADOPT AN ORDINANCE OF THE
BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 04 -41, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR:
SECTION ONE, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING
CHAPTER EIGHT - DECISION - MAKING AND
ADMINISTRATIVE BODIES, BY ADDING SECTION 8. 10.00
HEARING EXAMINER; CHAPTER TEN - APPLICATION,
REVIEW, AND DECISION - MAKING PROCEDURES,
INCLUDING SECTION 10.02.03 SUBMITTAL REQUIREMENTS
FOR SITE DEVELOPMENT PLANS; SECTION TWO,
CONFLICT AND SEVERABILITY; SECTION THREE;
INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION FOUR, EFFECTIVE
DATE; (2) TO DIRECT STAFF TO AMEND THE LDC IN THE
NEXT LDC AMENDMENT CYCLE TO REFLECT THE NEW
HEARING EXAMINER PROCESS AND IDENTIFY THAT
PETITIONS DESIGNATED FOR THE OFFICE OF THE
HEARING EXAMINER MAY BE HEARD BY THE HEARING
EXAMINER OR PLANNING COMMISSION AND /OR THE
BOARD, AS NECESSARY; (3) TO APPROVE TABLE 1,
ACTIONS TO BE HEARD BY THE OFFICE OF THE HEARING
EXAMINER; (4) TO ADOPT A RESOLUTION AMENDING
RESOLUTION NO. 2013-153, THE COLLIER COUNTY
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September 24, 2013
GROWTH MANAGEMENT PLANNING AND REGULATION
FEE SCHEDULE TO ADD FEES FOR NEW PROCESSES; AND
(5) TO APPROVE ALL NECESSARY BUDGET AMENDMENTS
REQUIRED FOR CITYVIEW SOFTWARE UPDATES — BOTH
ADOPTED W /CHANGES
MR. OCHS: 93, Commissioners, Caroline Cilek will present.
It's a continuing series of Land Development Code amendments
specifically targeted at standing up your new Hearing Examiner
process.
Caroline?
MS. CILEK: And my presentation included 9.A and 93, so I
have no further comments.
CHAIRWOMAN HILLER: Great.
MS. CILEK: If you have any questions, please feel free.
CHAIRWOMAN HILLER: I like that.
I think we've exhausted all the comments on this.
Commissioner Nance?
COMMISSIONER NANCE: Yes. Are we going to talk
specifically about the actions to be heard by the Office of the Hearing
Examiner at this time? Chapter 9. I just pulled out a page, because in
my discussions with staff I have a couple of suggestions that might get
some support.
CHAIRWOMAN HILLER: To change what's being proposed?
COMMISSIONER NANCE: Yes.
CHAIRWOMAN HILLER: Go ahead.
COMMISSIONER NANCE: Yes. Down on the list, if you'll
look at Chapter 9, Office of the Hearing Examiner's procedures, and it
discusses assignments and it talks about the sorts of actions to be
heard by the Hearing Examiner. Included among those is number 12,
PUD insubstantial change. And in discussion, since --
COMMISSIONER FIALA: That's number 13, right?
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September 24, 2013
COMMISSIONER HENNING: What page are you on here?
COMMISSIONER FIALA: Planned unit development
extension.
COMMISSIONER NANCE: Well, I'm looking at something
different. I'm looking at something out of the --
COMMISSIONER HENNING: I think you're looking at the
item that was pulled off the consent agenda.
MS. CILEK: The numbers might not be the same.
COMMISSIONER NANCE: Might not be the same. Be that as
it may, let's talk about the item itself and then we can have a
reasonable discussion.
PUD insubstantial change and the issue that arose was out in the
Rural Land Stewardship Area we have stewardship receiving areas.
And there was a suggestion, it would be appropriate to not only be
able to deal with insubstantial changes in a PUD but to also be able to
deal within substantial changes in a stewardship receiving area within
the RLSA since it's basically the same sort of thing.
And also on those two items, to be able to deal with minor text
changes that go along with those sorts of things --
CHAIRWOMAN HILLER: I think those are really good
recommendations.
COMMISSIONER NANCE: -- as a -- just something to make it
a little more effective and clean it up even more.
So I'm going to suggest that we have a discussion about that and
that those sorts of changes would be appropriate and just to add to the
list. I don't want to get in and just nit -pick the whole list, but I think,
you know, we're going to talk about the Rural Land Stewardship
Areas a great deal in the days and months ahead. So these
stewardship receiving areas are important, and I believe that there'll be
some insubstantial changes that will invariably occur.
CHAIRWOMAN HILLER: I think that recommendation is easy
to incorporate and should be incorporated.
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September 24, 2013
So when we make a motion on this, County Attorney, can we just
add that one change?
MR. KLATZKOW: Yes.
CHAIRWOMAN HILLER: Thank you.
Would you like to make a motion?
COMMISSIONER NANCE: Yes, ma'am. I'd like to make a
motion to approve with the changes that added to the Hearing
Examiner's actions and assignments to add insubstantial changes to
stewardship receiving areas within the Rural Land Stewardship Area,
and accompanying minor text changes that go with that and similar
PUD insubstantial change.
CHAIRWOMAN HILLER: And I'll second that.
We don't have any public speakers on this?
MR. MILLER: I want to check. Mr. Anderson had registered
for both 9.A and B? No, he's good.
CHAIRWOMAN HILLER: Thank you.
In that case, if there isn't any further discussion, I'd like to call the
question. All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Any opposed?
COMMISSIONER COYLE: Aye.
CHAIRWOMAN HILLER: Motion carries 4 -1 with
Commissioner Coyle dissenting.
MR. OCHS: Madam Chairman, would you like to take the
related item that was moved at Commissioner Coyle's request?
CHAIRWOMAN HILLER: Yes, please.
Item #I 2D
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September 24, 2013
THE COUNTY ATTORNEY TO ADVERTISE FOR FUTURE
CONSIDERATION AN ORDINANCE WHICH WOULD AMEND
ORDINANCE NO. 2013-25, THE COLLIER COUNTY HEARING
EXAMINER ORDINANCE — APPROVED
MR. OCHS: 16.x.3, which was a recommendation to authorize
County Attorney to advertise for future consideration an ordinance
which would amend Ordinance No. 2013 -25, the Collier County
Hearing Examiner Ordinance.
CHAIRWOMAN HILLER: Yes, please.
MR. OCHS: As I said, this item was brought forward by
Commissioner Coyle.
CHAIRWOMAN HILLER: What is the new number on the
agenda?
COMMISSIONER COYLE: It's 12.D.
MR. OCHS: 12.D. It was previously 16.x.3.
CHAIRWOMAN HILLER: Yeah, Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I just want to get some
clarification on a couple of things. In the middle of the page, the
paragraph starting with Section 5 of Ordinance No. 20 -13 sets forth
the powers of the Hearing Officer, including the duty to hear requests
for minor conditional uses. And the Board has commented a need to
better define minor conditional uses.
But down in the last paragraph, numbered number three,
conditional uses, it states the Hearing Examiner will hear and decide
all requests for conditional uses. Now, should that be all minor, all
requests for minor conditional uses? Because we follow it with a
definition of what is minor. So it seems to me that that is a
contradictory statement. Can somebody clarify that for me?
CHAIRWOMAN HILLER: County Attorney?
MR. KLATZKOW: I think that addition is a good addition, sir.
I'll change that language.
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September 24, 2013
COMMISSIONER COYLE: So it should read all requests for
minor conditional uses.
MR. KLATZKOW: Yes, sir.
COMMISSIONER COYLE: Now, the last -- next to the last
sentence is one which warms my heart, but I suspect you did not
intend it that way. It says that --
CHAIRWOMAN HILLER: Are you looking at me?
COMMISSIONER COYLE: Yes.
CHAIRWOMAN HILLER: Oh, well, then I did.
COMMISSIONER COYLE: However, any member of the
Board of County Commissioners may direct any conditional use to be
heard by the Planning Commission in an advisory capacity and then
the Board of Zoning Appeals for final action.
So that gives me the power to direct that any of these issues can
-- I can direct them to the Planning Commission rather than to the
Hearing Examiner.
CHAIRWOMAN HILLER: Is it your intent to do that for every
COMMISSIONER COYLE: I will do that --
CHAIRWOMAN HILLER: -- case that goes before the --
COMMISSIONER COYLE: -- every time unless you change
this, which I'm sure, you're not going to do, just more sloppy work.
MR. KLATZKOW: That was the intent. You call it sloppy
work, but the idea is that we don't want anything that's controversial
going to the Hearing Examiner.
COMMISSIONER COYLE: So any member of the Board --
MR. KLATZKOW: If a Board member believes something's
controversial, okay, rather than having to take it to the Board of
County Commissioners and wait on it --
COMMISSIONER COYLE: Then thank you very much. You
did a good thing.
MR. KLATZKOW: It wasn't me, it was your staff and DSAC
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September 24, 2013
and Planning Commission that did that.
COMMISSIONER COYLE: Okay.
CHAIRWOMAN HILLER: And maybe there should be some
clarification that it should be perceived as controversial. I mean, I
don't know how you define that, because that's very subjective. It's
not intended to be --
COMMISSIONER HENNING: Any objection of the public.
CHAIRWOMAN HILLER: Right. Well, you could have an
objection -- I mean, one person, 10 people, 20 people? If there's a
single objection, do you put it before the Planning Commission?
COMMISSIONER HENNING: Well, our rules, if you have any
citizens that write any objections to a PUD or even a conditional use,
it stays on our regular agenda. It cannot go on the summary agenda.
Same rules should apply here.
CHAIRWOMAN HILLER: You're going to have a lot of
objections on a lot of these issues, and so what will happen is a lot of
these projects will end up bypassing the Hearing Officer when they
might not be objections of --
COMMISSIONER HENNING: Well, you're going to have a
commissioner that's going to object to all of them, so it's going to go to
the Planning Commission anyways.
CHAIRWOMAN HILLER: Well, you know, no process should
be abused.
So County Attorney, you need to figure out some way to prevent
any commissioner or any member of the public from being able to
abuse what's intended to be a process that is fair and efficient.
MR. KLATZKOW: I don't know how to do that. The entire idea
was to have Mark or the Hearing Examiner look at these things that
were non - controversial. I can't go behind the intent of somebody who
says that this is controversial.
CHAIRWOMAN HILLER: All right. Well, let's try it. If there
is an abuse, we'll deal with it and figure out how to solve the problem.
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September 24, 2013
Commissioner Henning?
COMMISSIONER HENNING: Thank you. Now looking at
item three under conditional uses, the underlined section refers to the
Environmental Advisory Council?
MR. KLATZKOW: Your Planning Commission is now sitting
as your Environmental Advisory Council. You have a number of
items. Your Comp. Plan has a plan in your LDC that requires a
review by the EAC. So we just made the Planning Commission sit as
the EAC.
COMMISSIONER HENNING: Okay. You don't want to redo
that to --
MR. KLATZKOW: You would have to redo your Comp. Plan
and your LDC.
COMMISSIONER HENNING: Well, we need to do that sooner
or later. Okay, understand. Thank you.
MR. KLATZKOW: Yes, sir.
CHAIRWOMAN HILLER: Can I have a motion?
COMMISSIONER FIALA: The Board of County
Commissioners authorizes the County Attorney to advertise for future
consideration the attached ordinance amending Ordinance No.
2013 -25, Collier County Hearing Examiner ordinance.
CHAIRWOMAN HILLER: I'll second that.
There being no further discussion, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Any opposed?
(No response.)
CHAIRWOMAN HILLER: Motion carries unanimously.
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September 24, 2013
Item #I OA
RESOLUTION 2013 -217: APPOINTING KAREN HOMIAK FOR
DISTRICT 1, MIKE ROSEN FOR DISTRICT 2, DIANE EBERT
FOR DISTRICT 3, BRIAN DOYLE FOR DISTRICT 4 AND
MARK STRAIN FOR DISTRICT 5; APPOINTING CHARLETTE
ROMAN FOR ENVIRONMENTAL AND STAN CHRZANOWSKI
FOR ENVIRONMENTAL - HYDROLOGY — ADOPTED;
DIRECTION GIVEN TO COUNTY ATTORNEY TO DEVELOP
THE TERMS AS BEING: 4 YEARS FOR DISTRICT
APPOINTEES AND 2 YEARS FOR THE ENVIRONMENTAL
APPOINTMENTS — ADOPTED
MR. OCHS: Madam Chair that brings us back to Item 10 on
your agenda, Board of County Commissioners. Item 10.A is
appointment of members to the Collier County Planning Commission.
COMMISSIONER HENNING: Madam Chair?
CHAIRWOMAN HILLER: Yes, Commissioner Henning?
COMMISSIONER HENNING: Thank you. I want to be the one
that nominates the environmental advisory position, Ms. Roman, who
I've talked to. And after reading her qualifications and background is
a true asset to the Planning Commission. So I want to make a motion
to appoint --
COMMISSIONER FIALA: Charlotte.
COMMISSIONER HENNING: --Charlotte Roman.
COMMISSIONER FIALA: Charlotte Roman.
COMMISSIONER HENNING: To the Planning Commission as
the environmental specialist.
COMMISSIONER FIALA: That's who I was going to nominate
anyway.
COMMISSIONER NANCE: I will second the nomination,
Commissioner.
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September 24, 2013
CHAIRWOMAN HILLER: Before we get started, I just want to
explain that for the two environmental positions we have to have a
super majority vote. Four commissioners have to approve the
appointment. And that the intent is to have one candidate be the
hydrology expert, if you will, and the other to be the we'll call it bugs
and bunnies --
COMMISSIONER HENNING: Bugs and bunnies.
CHAIRWOMAN HILLER: -- the bugs and bunnies expert.
COMMISSIONER FIALA: I'd like to nominate Stan
Chrzanowski then for the hydrology position.
COMMISSIONER COYLE: I have a procedural question before
CHAIRWOMAN HILLER: Yes.
COMMISSIONER COYLE: How are we going to handle those
that are supposedly appointments by the district commissioner from
their district?
CHAIRWOMAN HILLER: And everyone started ahead of what
I wanted to discuss, which is exactly what you're raising. And what I
would like to do is I actually want to start with motions to appoint to
the districts. And I would like each commissioner from each district
to nominate the candidate of their choice and, you know, we vote
accordingly.
So why don't we start with you, Commissioner Coyle, who
would you like to recommend for your district?
COMMISSIONER COYLE: I would like to appoint Brian P.
Doyle in District 4.
CHAIRWOMAN HILLER: Do I have a second?
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER: Commissioner Henning, do you
want to discuss that or not?
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September 24, 2013
COMMISSIONER HENNING: No.
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: Now the other two motions are still
sitting on the floor?
CHAIRWOMAN HILLER: Yes, we're going to go back to
those. Because those are super majority votes and I want to -- it might
take a little bit longer to vote through those.
The next is District 2, which is my district, and I nominate Mike
Rosen.
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: Thank you. 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.
The next is District 3.
COMMISSIONER HENNING: Diane Ebert.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
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September 24, 2013
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
District 4?
COMMISSIONER FIALA: You got him.
CHAIRWOMAN HILLER: I'm sorry, I didn't hear you.
COMMISSIONER FIALA: Karen Homiak for District 1.
CHAIRWOMAN HILLER: Okay, Karen. Sorry.
COMMISSIONER NANCE: 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.
And the last one is District 5.
COMMISSIONER NANCE: Mark Strain.
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.
All right, let's go to the environmental. Let's start with the bugs
and bunny appointment, which we have a motion on the table for
Charlotte Roman. Do I have a second?
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September 24, 2013
COMMISSIONER FIALA: Yes.
CHAIRWOMAN HILLER: 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: Any opposed?
(No response.)
CHAIRWOMAN HILLER: Motion carries unanimously.
The next is the hydrology. We have a motion on the table for
Stan Chrzanowski.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: 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 COYLE: That's seven people.
CHAIRWOMAN HILLER: So what I'd like to now do is defer
to the County Attorney to bring back the staggering schedule at the
next Board meeting to tell us what the terms are so that we don't have
any problems with overlapping.
MR. KLATZKOW: Well, I could do that if that's the Board's
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desire. My first question is do you want to give everybody four years
or do you want to give different terms between the environmentalists
and --
CHAIRWOMAN HILLER: I think we should start with the
environmental as being two years and the rest of the Board as being
four years. Is that the pleasure of the Board?
COMMISSIONER FIALA: Tell me why you feel that way.
CHAIRWOMAN HILLER: Because --
COMMISSIONER HENNING: I might not like my Planning
Commission member in four years. Why don't we change that to the
Planning Commission every four years --
CHAIRWOMAN HILLER: Well, that's what we're doing.
COMMISSIONER HENNING: -- every two years and then the
environmentalist every four years? No?
CHAIRWOMAN HILLER: What did you have for lunch today?
COMMISSIONER HENNING: Tacos.
CHAIRWOMAN HILLER: I can tell.
COMMISSIONER COYLE: With margaritas.
CHAIRWOMAN HILLER: With margaritas. It's the tequila
part I'm worried about. The tacos are good, tequila is an issue.
All right, so going back to what we were discussing, I think four
for the standing members and two for environmental. Only because
we're not sure how the -- this environmental arrangement will work
out. And once we appoint someone it's very difficult to remove them.
So we want to make sure that we have the -- we always have the
option of extending for another two years, but this way we don't have
a problem if we've got someone who we have appointed and it doesn't
work out.
COMMISSIONER FIALA: May I ask, what you just said was
four years for the standing members?
CHAIRWOMAN HILLER: Right. In other words, District 1, 2,
3,4,5.
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September 24, 2013
COMMISSIONER FIALA: Oh, okay.
CHAIRWOMAN HILLER: Okay? And then the two -year terms
for the two environmental members.
COMMISSIONER FIALA: Because I have a standing member
but I didn't know if that's --
CHAIRWOMAN HILLER: No, no.
So four -year terms for the standing members and two -year terms
for the environmental members.
COMMISSIONER NANCE: I'll second it for discussion, just --
CHAIRWOMAN HILLER: Well, the discussion won't be had
now, because we're going to let the County Attorney go back.
MR. KLATZKOW: But I need to know if you want two years
for those two spots or four years for everybody.
COMMISSIONER NANCE: I believe the motion was for the
district appointments --
MR. KLATZKOW: To be --
CHAIRWOMAN HILLER: To be four.
COMMISSIONER NANCE: -- to be four, and the two
environmental at large seats to be for two years.
MR. KLATZKOW: Okay.
COMMISSIONER COYLE: But that's going to leave five
people being potentially replaced.
CHAIRWOMAN HILLER: No, no, he's --
MR. KLATZKOW: That's why I'd have to come back with a
proposal to stagger them. I may have to do for example the
environmentalist every -- sort of like general election type of thing and
the Planning Commissioners on odd years, split 50/50.
COMMISSIONER NANCE: Let's defer to the County Attorney.
CHAIRWOMAN HILLER: That's my point, it's too complicated
to try to figure out here from the dais. Why don't you just go back to
your office, figure it out, bring it back to us and then we can evaluate.
And if we decide to make a change, we'll change at that point in time
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when we see what the option is. Is that acceptable?
COMMISSIONER HENNING: Yeah.
COMMISSIONER FIALA: It is for me.
CHAIRWOMAN HILLER: All right. So in that case we've
given the County Attorney direction. I don't think we need a vote on
that.
MR. KLATZKOW: Not the direction, no.
CHAIRWOMAN HILLER: Thank you.
Item #I OB
RESOLUTION 2013 -218: APPOINTMENT OF MEMBERS TO
THE AFFORDABLE HOUSING ADVISORY COMMITTEE. — RE-
APPOINTING STEPHEN J. HRUBY AND CLYDE C. QUINBY —
ADOPTED
MR. OCHS: Item 103 is appointment of members to the
Affordable Housing Advisory Committee.
COMMISSIONER HENNING: Motion to accept the
committee's recommendations to reappoint Stephen Hruby and Clyde
Quinby.
CHAIRWOMAN HILLER: I'll second that.
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.
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September 24, 2013
Item #I OF
STAFF PREPARED TO RESPOND TO CITIZEN INQUIRIES
RELATED TO THE ANTICIPATED ISSUANCE OF AN OIL
EXPLORATION PERMIT FOR OPERATIONS ADJACENT TO
GOLDEN GATE ESTATES BY THE FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION. PREPARATION
SHOULD INCLUDE BUT NOT BE LIMITED TO A REVIEW OF
PERMIT STIPULATIONS AND SAFETY ELEMENTS,
EVALUATION OF POTENTIAL IMPACTS TO COUNTY
INFRASTRUCTURE, AND MOST IMPORTANTLY,
EVALUATION OF NEEDED PREPARATION TO INSURE
ADEQUATE DISASTER READINESS AND COORDINATION
OF EMERGENCY MANAGEMENT AND FIRST RESPONDER
AGENCIES. FURTHER DIRECTING STAFF TO BRING AN
ASSESSMENT AND RECOMMENDATION BACK TO THE BCC
AT THE OCTOBER 8, 2013 BOARD MEETING, (OR THE FIRST
BOARD MEETING FOLLOWING DEP ACTION) FOR POSSIBLE
BCC ACTION — APPROVED
MR. OCHS : Item l O.F is a recommendation to have staff
prepared to respond to citizen inquiries related to the anticipated
issuance of an Oil Exploration Permit for operations adjacent to
Golden Gate Estates by the Florida Department of Environmental
Protection. And Commissioner Nance had placed this item on the
agenda.
CHAIRWOMAN HILLER: Yeah, before -- pardon me. Before
we get started, how many public speakers do we have on this?
MR. MILLER: We have 19 registered public speakers. I don't
know that we had all those people survive through lunch, but we have
19 slips, ma'am.
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September 24, 2013
CHAIRWOMAN HILLER: What I do want to say is that with
respect to the public comment, it will be limited to what is on the
agenda as the subject of discussion and that we won't expand the
public comment beyond that. There will be other opportunities.
There's also the public comment portion of the agenda that allows for
discussion related to this matter beyond what's on the agenda for this
specific item.
MR. MILLER: Yes, ma'am.
CHAIRWOMAN HILLER: So go ahead, Commissioner Nance.
COMMISSIONER NANCE: Yes. With the application for oil
exploration and oil extraction permits in an area very near a residential
Golden Gate Estates, we've had a very broad community and agency
discussion regarding these activities. Because of comments that were
made to me and the indications from the Florida Department of
Environmental Protection, who is the permitting and decision - making
authority in these issues, as well as ongoing decisions that were made
by the South Florida Water Management area, I wanted to get ahead
of their date which they indicated was a decision one way or another
on this issue on or around September 30.
As it turns out, they took action on September 20.
But what I am requesting authorization to do from the Board is to
direct staff to review the permit that's been issued and to examine the
permit stipulations to include but not be limited to the safety elements,
the evaluation of potential impacts to Collier County infrastructure,
meaning canals, roads and physical things, but most importantly to
examine what responsibility Collier County is going to acquire in
response to this permit that's been issued by DEP. First and foremost
to make sure that we're adequately prepared for an accident, that our
disaster readiness preparedness and review is complete, and the
coordination of emergency management and first responder agencies
is contemplated.
And basically I wanted to authorize staff to get into it and really
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dig into what this permit functionally means for Collier County and its
residents and to come back to the Board as soon as practicable, which
I indicated I thought would be our next -- the first meeting of October,
and bring us an assessment and a recommendation as to where we
think we are with this controversial issue.
CHAIRWOMAN HILLER: Thank you.
Commissioner Henning? Or would you like to wait 'til the public
speakers --
COMMISSIONER HENNING: No, just a question to the
County Manager, if he has staff that can provide that kind of review
and response.
MR. OCHS: Yes, sir.
COMMISSIONER HENNING: You do.
Well, I'll make a motion to support your second -- I'll second --
my second supports your motion to approve to give County Manager
that direction.
COMMISSIONER NANCE: Do we want to hear the public
speakers?
CHAIRWOMAN HILLER: Would you like to hear the public
speakers before I call the vote?
COMMISSIONER HENNING: Yes.
CHAIRWOMAN HILLER: Well, let's go ahead and call the
public speakers.
MR. MILLER: All right. I'm going to ask the speakers to come
to alternating podiums, please.
Your first speaker is Karen Dwyer. She's been ceded additional
time from Ben Alviar and I think it's Ceyde Santiago for a total of nine
minutes.
COMMISSIONER HENNING: Are they here?
UNIDENTIFIED MEMBER FROM THE AUDIENCE: No, but
Dawn is, and she ceded her time.
CHAIRWOMAN HILLER: That's fine.
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September 24, 2013
MR. MILLER: Okay. So that will be six minutes of time.
CHAIRWOMAN HILLER: That's fine.
Can you eliminate the other names from the list, please.
MR. MILLER: Yes, ma'am.
CHAIRWOMAN HILLER: In fact, before we get started, let's
call out the names of all the people.
MR. MILLER: Your next speaker will be John Dwyer. If Mr.
Dwyer could wait as this podium. He'll be followed by Rocio Lario.
If you will stand by the podium over there, please, sir.
CHAIRWOMAN HILLER: And how many minutes does Mr.
Dwyer have?
MR. MILLER: Just his three. Ms. Dwyer has six.
CHAIRWOMAN HILLER: And the other speaker is?
MR. MILLER: Are all independent at this spot.
CHAIRWOMAN HILLER: Who are they? Can you please call
them up to the dais.
MR. MILLER: Sure. Well, John Dwyer, Rocio Lario --
CHAIRWOMAN HILLER: Can you call it louder so they can
hear their name.
MR. MILLER: Rocio Lario, are you here, sir?
Covi Lopez. Eduardo Villalonga. Did you say he had ceded
time to you? Okay.
Pamela Duran, is she here?
MS. DURAN: I'm here.
MR. MILLER: Jaime Duran.
MR. DURAN: I'm here.
MR. MILLER: Dona Knapp.
MS. KNAPP: I'm here but I'm giving my --
MR. MILLER: Ceding your time, yes, okay.
MS. KNAPP: -- minutes to Karen Acquard.
MR. MILLER: Joe Mule?
MR. MULE: Yes. I have two folks ceded their time to me.
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MR. MILLER: Charles Gunther, are you here?
MR. MULE: He has ceded --
MR. MILLER: Ceded his time to you, yes.
And John Lundin.
MR. MULE: He has also ceded --
MR. MILLER: Ceded his time to you.
MR. MULE: -- his time to me.
MR. MILLER: Frank Cummings?
CHAIRWOMAN HILLER: Mr. Cummings, can you come up?
MR. MILLER: Alexis Meyer, and Bob Krasowski, and Darwin
Brandt.
CHAIRWOMAN HILLER: Please come up to the podium if
you're going to be speaking.
MR. KRASOWSKI: I'll get there on time.
MR. MILLER: Also Pam Gharabally.
CHAIRWOMAN HILLER: Thank you.
MR. MILLER: Ms. Dwyer?
CHAIRWOMAN HILLER: In each case if the speaker would
state their name, and if someone is ceding their time to you who is
present, state whose time is being ceded to you for the record so that
the staff can keep track of it.
Okay, go ahead.
MR. MILLER: Ms. Dwyer.
MS. DWYER: Karen Dwyer. Dona Knapp.
In June we asked you to prevent the expansion of new oil drilling
in our community. Only 1,000 feet from family homes on 115,000
acre parcel leased for oil exploration. That stretches all the way from
Fort Myers to Miami and includes large parts of Big Cypress and the
Everglades.
So let's be quite clear, this is about more than just one oil well.
This is about the cumulative effect of hundreds of wells that will
follow.
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September 24, 2013
In June we asked for oil dwelling ordinances in your Growth
Management Plan to protect the public health and safety. Today we're
asking again, in part because the DEP tells us their permit checklist
doesn't deal with public safety, you do.
We need to be like Dryden, New York that used oil ordinances to
safeguard their community.
Florida is a home rule state. Please adopt oil drilling ordinances
to protect our community and limit drilling impacts.
Most importantly, we're concerned about public safety. No one
should have to live in an emergency evacuation zone. The solution,
Provide a buffer zone. The buffer zone for off -shore drilling is 30
miles. For on -shore drilling it should be at least one mile, the distance
required from well to well to safeguard mineral rights.
We propose the following ordinance: Collier County shall protect
the health, safety and welfare of citizens by mandating a one -mile
buffer zone from drill site to family homes.
Fires, both oil and hydrogen- sulfide as well as stored fuel are
highly explosive. We have no fire hydrants. Response time at best is
15 minutes, says Fire Chief Sapp.
We propose the following ordinance: Collier County shall
safeguard nearby residents, wetlands and wildlife by requiring fire
hydrants or emergency water well hookup for fire trucks at all drill
sites.
A major concern is contamination of our fresh water. It's crucial
to protect the aquifers that supply South Florida with its drinking
water and safeguard the watersheds that sustain our wetlands.
We have documented evidence that accidents happen. Over time
pipes leak, injected fluids surface, and as the BP disaster proves,
cement casings fail. Because it only takes one accident to taint or
even ruin a community's aquifer for generations, we maintain that oil
drilling is not in the public interest.
We propose the following ordinances: Collier County shall
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protect the water supply, including the aquifers and watersheds by
banning the use of any hazardous chemicals in oil exploration and
drilling.
Collier County shall -- number two: Collier County shall ban all
hydraulic fracturing.
That's a really important point, because Hughes and Collier are
not going to use hydraulic fracturing. Even in the permit it says
they're not going to use it. And DEP says it cannot be used in Florida.
Everyone is telling us they cannot use it. You need to make this not
just rumor but fact. We need documented evidence in the form of an
oil drilling ordinance that will make sure that hydraulic fracturing is
never used in Collier County. Not now, not ever. This would quell a
lot of the debate going on in the community.
Additionally we're calling for baseline water tests and a ring of
water monitoring devices around the wells and downstream to
safeguard the Picayune Strand, one of the first wetlands to be restored
by the 30 -year, $13 billion Everglades Restoration Project.
The Everglades, as you well know, is a national treasure, on par
with the Redwoods and the Grand Canyon. It is far more valuable
than oil.
Do the math. Recreation in the Everglades helps fuel Florida's
multi - billion dollar tourist industry, not oil.
School children, Desoto Boulevard is a two -lane country road
with no sidewalks where six times a day children wait for school
buses. We don't want a convoy of heavy trucks putting them at risk.
We're asking for an alternative farm road access to the drill site. It
was done in the past for that agricultural field and it can be done
again.
I had something about the two -foot berms but I know I'm getting
close to my time. Essentially instead of two -foot berms we need
four -foot berms, because heavy rains will wash away those earthen
berms in this wetland.
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September 24, 2013
To sum up, we want a one -mile buffer zone, emergency water
well hookup for fire trucks, ban on all hazardous drilling chemicals, a
ban on hydraulic fracturing, baseline water tests and water monitoring
devices around wells and downstream, alternative farm road access,
and four -foot cement berms. These are designed to put public safety
first.
And you can do it. And you would actually be heros of the
community if you did this, if you protected us from these sorts of
endangerments.
Don't let Hughes and Collier drill our backyards without
ordinances. The hazards are too great. Golden Gate pays taxes too. It
shouldn't be a sacrifice zone.
We have lots more suggestions and we'd like to work with you,
the Board of Commissioners, in drafting the oil drilling ordinances to
safeguard our community, our water, our wetlands and our wildlife.
And we are really turning to you now. And this is something you can
do and you should do. Because the DEP said that they wished that
they didn't permit this. But they have to because of their criteria, their
checklist. There's nothing in it about public safety. They would like
to give us a buffer zone but they can't because they can't regulate that.
But you can, because we are that type of state.
CHAIRWOMAN HILLER: Thank you.
MR. MILLER: Your next speaker is John Dwyer. He has six
minutes. Mr. Dwyer will be followed by Pamela Duran.
MR. DWYER: You'll probably know I'm not an apocalyptic
type of guy, and I don't believe that the rapture's going to happen any
time soon. The Florida Department of Environmental Protection
failed to reject Collier 22.3.H and other applications for oil drilling
permits on the basis of our concerns.
Your letter to them, which we thank you for, was of little
consequence. The small obstruction remaining to beginning these
dangerous operations, and make no mistake, they are lethally
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dangerous operations, are the applications for the injection well permit
and their need for federal approval. That's not going to happen until
December.
It is crucial for everyone on this Board of Commissioners to be
intimately familiar with the waste produced by oil well drilling and
what is injected. The words brine and saltwater for naming the
disposal well are obfuscatory, as are so much of the secret
machinations of the fossil fuel industry.
We are allowing the chicanery of the worst sort to lull us into
complacency about what is most sacred and most serious in our
relationship with Mother Earth. We know the composition of this
blanket that's been pulled over our eyes: The national desire for
energy independence; people's horror about the price at the pump; the
public relations promises of safety; the new techniques in professional
engineering by the oil industry; and the local deference habitually paid
to the desires of the Collier family and their companies.
But we must put aside the tendency to blame the clear - sighted
victims for being hysterical or the company total safety for being
indiscreet and insensitive in their letters to the residents. It's far worse
than that. In the most environmentally sensitive area of North
America we put on the roulette table our treasures of earth, air, fire
and water. And despite the assurances to the contrary by oil scientists,
this is a gamble. You have no fear for the health of your family. You
utilize drilling products. You use oil and gasoline. You wear
polyester suits, yoga pants, you have faith and feel proprietary about
our way of life. But you are gambling, nevertheless when you allow a
Texas industry into Florida that comes to toxify and degrade our
landscape.
Water is probably the most important hazard to the drilling
pollutants emitted from this operation. It compromises the quality of
local surface aquifers. The cumulative impact of withdrawals from
sertical aquifers and their subsequent pollution with drilling
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chemicals, as well as with lethal elements brought to the surface by
the drilling process is very serious. Water withdrawn is to be
recirculated into the well over and over after an unspecified time in an
on -site settling pool where further chemicals are added, concentrating
and exacerbating the pollutants. Hydraulic fracturing or acidizing are
two common techniques used to stimulate the flow of tight oil. And
the Sunnyland Trend is tight oil. And what are going to be employed
in extracting it are these experimental techniques.
I'm not at all comforted by the Hughes statement that fracking is
not in the current plan. Such an eventuality will add even more
pollutants to the pure water withdrawn from our surficial aquifer. The
two -foot earthen berm Carrie mentioned will not adequately protect
the natural surface flow of wetlands water surrounding the site against
natural migrations of fluid from incidental leaks and spills.
There's already more than two feet of water in that area. Where
does the water travel during the rainy season? To the Gulf and into
the spawning waters of the Ten Thousand Islands, into our fish, our
snook, one of my favorites, and stone crabs.
So what are we going to do, inject this 2,000 feet into the earth to
prevent that? And they are going to stay there with some kind of
magical spell? You know what water does here during the rainy
season. It's going to come up as it has in 90 percent of the oil wells
drilled in America.
Please do accept a homework assignment from me, okay? I have
two works that I want to refer to. One is Michael Klare's "The Race
For What's Left." "The Race For What's Left by Klare, K- L- A -R -E.
And Heinberg's "Peak Everything." H- E- I- N- B- E -R -G. "Peak
Everything."
Extreme energy extraction techniques are a mishmash of half
truth, exaggeration and distortion.
MR. MILLER: Your time is up, sir.
Your next speaker is Pamela Duran. She'll be followed by Jaime
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Duran.
MS. DURAN: Hi, I'm Pamela Duran.
On September 12th, 2013 the Agricultural Commissioner, Adam
Putnam, said Florida's freshwater is its top problem.
The citizens of Florida are being asked to use two billion less
gallons less of water per day by the year 2025. Yet the state and all
the county will allow our aquifer to be drawn down by a Texas
drilling company. How much? The Florida Water Department is
allowing them to withdraw 900 million gallons of aquifer water.
You need to protect your citizens. There is nothing more
essential than clean drinking water. Why are you allowing aquifer
water to be used when other drillers are using saltwater? Pass an
ordinance that makes drillers use saltwater and save our aquifers.
Pass an ordinance to test the residential water wells to include oil,
brine and at least the chemicals that are listed on their permit. Before
drilling, during drilling and every three months thereafter the cost will
be paid by the drillers and the results should be made public.
Pass an ordinance that drilling will be stopped immediately if the
water tests detect any abnormality, and pass an ordinance to stop
drilling if sinkhole activity is detected.
We have met twice with the Collier resources representative in an
attempt to resolve some of our concerns. We have been threatened,
bullied and treated unkindly, to say the least. They do not care about
the rights of the residents, the change of our quality of life, our health,
our safety. And oh, by the way, it's only temporary, 24 a day, seven
days a week for three months. You won't hear it from your house,
neither will Governor Scott.
It's up to the County Commissioners to make sure our water soil
and our air qualities are safe and the citizens do not bear these costs.
It is up to the County Commissioners to make sure that the residential
streets are safe for the families living in the Estates with only one way
in and out. There are farm roads to access these fields; that would be a
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safer path.
We live in an age of global communication. Who would want to
invest in Collier County property where mineral rights owners can
turn their property into an industrial wasteland, where the fire plan for
the residents is to run to the canal, swim across. Don't make Collier
County a joke on late night TV.
MR. MILLER: Your next speaker is Jaime Duran; he'll be
followed by Joe Mule.
MS. DURAN: Commissioners, thank you for the opportunity to
speak to you. My name is Jaime Duran and I have been a resident of
Golden Gate Estates for four years.
After several months of work addressing public officials,
politicians and informing the residents of Golden Gate Estates,
Naples, Collier County and Southwest Florida about the dangers and
potential damage that oil exploration poses to our aquifers, the
environment and residents, we have just been rewarded by the
irresponsible approval of drilling permits 1,000 feet away from our
house.
The ball is now in your court. It is now time to do the job the
citizens of Collier County elected you to do. That is to ensure the
health, safety and welfare of citizens of Collier County. It is now time
to act on the warnings that we have issued over the past few months
about the impact this industrial operation will have on the county
infrastructure, safety of the water supply, and the health, safety and
welfare of citizens.
We recommend that the landowners and the drillers pay impact
fees proportionate to the size of the industrial operation, and the
damage and load they will impose on the county services, just as
residents are required to pay.
We recommend consideration be given to the likely loss of value
affecting residential properties and the result of this industrial
operation.
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September 24, 2013
We recommend you look carefully at the fiscal impact this
operation will have on the future development of Collier County. It
will affect tourism, agriculture and development. Tourists will not
want to visit an area devastated by drilling waste, agriculture will not
flourish without adequate water, and no one will want to live in a
county destroyed by the consequences of an discriminate oil
exploration.
The legacy of the Collier family is one of destruction; first by the
removal of trees, later by mining, oil and indiscriminate environment.
And now destroying what is left by squeezing the last drop of oil
without regard to its consequences. It is time to stop them while the
damage can still be reversed. The ball is still in your court. Thank you
very much.
MR. MILLER: Your next speaker is Joe Mule. Mr. Mule will
have nine minutes, and he will be followed by Frank Cummings.
CHAIRWOMAN HILLER: Can you read the names of the
individuals who are ceding their time and make sure they're present.
MR. MILLER: I did that before and I've --
CHAIRWOMAN HILLER: Oh, did you?
MR. MILLER: -- already placed them in the file. I did confirm
that, ma'am, yes.
CHAIRWOMAN HILLER: Good, good. No, that's fine.
Go ahead.
MR. MULE: Thank you, Commissioners, and thank you,
Commissioner Nance, for being proactive in getting this in front of the
Commission.
My name is Joe Mule, although most people call me Joe Mule.
And I'm kind of used to it by now. Don't feel bad, everybody does it.
I am the president of a group called Preserve Our Paradise,
Incorporated. We are now a not - for - profit 401 C -3 organized in the
State of Florida, and we are looking to fight this legally, actually, so
we are determined to bring this to fruition and make sure it doesn't go
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September 24, 2013
through.
But today I'm going to talk about some of the issues that we think
should be addressed by you and make some positive recommendations
that hopefully will be incorporated into what you're looking to do.
I have in front of you here so that you scan see, and although the
printer that I have, we don't have many resources, and until we
recently started last week fundraising, everything was self - funded, so
the picture doesn't look, but at least it gives you a better indication.
We have a larger one that we used during the FDEP meeting because
theirs unfortunately only showed part of the picture. They kind of cut
off where all the residences are in the area, and I think it's important
for everyone to really be able to see it and get a grasp.
What we have here is -- let me start with the red circles and what
we like to call the circle of death. The small red circle that you see in
the center there is the area that is considered at 100 parts per million
toxic because of any potential hydrogen sulfide gas. That area at
nighttime, because of the fact that there are no prevailing winds and
other atmospheric circumstances, it could be more damaging because
the winds won't move it. So we ask that any plans that you have and
that you consider, take into question not just a small circle which
encompasses a limited number of homes but the larger circle which at
nighttime is at 15 parts per million hydrogen sulfide concentration,
which could be very deadly to people.
The same is true also of the fire hazards. And if you can see from
this picture, it gives you a little bit better idea. These are taken from
GIS maps, actually. It gives you a better idea of how many homes
truly are in the area. Most people are under the impression that there's
only a few homes out there, but there really isn't, there's quite a lot.
And there's quite a lot of woods that can catch fire.
And I know that personally two years ago last April I had to
evacuate my home because some fool took some hot embers and
dumped them under a pine tree after he had been drinking and started
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September 24, 2013
a fire. Seventy acres were lost in the area. So I know what it's like to
be in the middle of a fire out there. And I know that we have to try to
prevent this or at least prepare for it adequately.
And in terms of that, let me say that with regards to the
preparation of that I have the following to recommend: With regards
to the gasses that the county -- and by the way, before I go at any of
this, and I'm sure that you all know, all of this comes with a price and
I know that money is not easy to come by these days. And with home
value what they are, I ask you that you make the burden and the onus
of this on top of the people who are doing the drilling -- as they
actually should since they're deriving the benefit from this -- so that
any ordinance that you have includes that the cost be passed directly
to the folks that are going to be deriving monetary benefit as a result
of this.
Within this area there are sensors that should be installed that will
detect the gas if present at any time and be able to sound an alarm.
Sound an alarm, because when I've had discussions with other
emergency officials, what they've said is that they would look at the
emergency database and they would use reverse 9 -1 -1. And I'm very
familiar with reverse 9 -1 -1. I'm a retired AT &T Regional Director.
And we did work with government entities, so I know how it works.
I'm not sure how your E -911, reverse E -911 is set up here, how
many folks it can call at one time. One of the biggest problems today
with that is that most folks don't have a home number. A lot of them
only have cell phones. And even those that do may be out and about,
especially out here where people spend a lot of time outdoors.
So what I'm asking for is something that I kind of grew up with,
and I'm sure some you did when you were growing up, which is that
air raid type siren. I remember as a kid every other Saturday, one
Saturday a month where they would be tested so that we have a siren
and the public is aware of the fact based on anything that's detected by
the sensors due to hydrogen sulfide.
September 24, 2013
The same is true, if you install the thermal imaging systems that
would be required in order for proper fire detection, that would also be
set up to trigger the same alarm so that the residents would know and
they would have to set -- you would send out to their premise and let
them know that hey, if you hear the alarm, grab what you can and get
going. Have a little time to prepare.
I know that during our last fire, when we ran out I asked my wife,
honey, where's the important papers? And she's got a laundry basket
of soiled laundry as we're running out. And I said what the heck are
you going to do with that? She said we're going to need clothes. And
I said, but they're dirty clothes. She said, doesn't matter, we're going
to need clothes.
So we need a little bit of time to prepare. And this would give us
some time. And I know that emergency responders, it would make
their job a lot easier if people are able to leave. Because there is only
one way in and one way out and that is Desoto Boulevard. It is an
accident waiting in the making, let me say that.
Now with regards to that, if we can switch over to the next image
here.
This image basically shows you where you have right now the
kind of peach colored or pink areas are areas that have actually been
leased out to oil exploration and potentially for oil drilling.
And if you look at what we have in this image, we've also created
sections here that showed you where the water well -field areas are.
And by the way, most of you Commissioners weren't aware of it
but most of the water that you get today that goes into your municipal
waters, those well (sic) well - fields are out there. And I've indicated
them out here for you so that you can see clearly where they are.
We also have where the proposed water well- fields are. So you
have to take any planning to consideration the fact that the water to
municipal Naples and other areas will be interrupted in the event that
something else happens, because they are so close to the area of the
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September 24, 2013
drilling.
In effect for the water as well, we don't have any hydrants, I've
heard installing water hydrants, but I think a more practical thing to do
would be -- and I heard someone else during another part of the
meeting earlier today is to have a multi thousand -- several
10,000 - gallon tanks as an example. Nothing, that has to have any kind
of electrical power at all. Because, if we have a fire it's going to get
interrupted. You're not going to have that -- something that the fire
trucks are able to hook up to and, if its gravity fed they're going to be
able to have the water to be able to put out those fires.
Let me say as well also, that's my time to pick up my daughter,
I'm sorry, I'm at the school bus, by the way, so it's the next subject.
Perfect timing.
So that water is important. Tanks that can provide the water out
there, I suggest that they be staggered. Because before, Hughes said
that they were providing a connection to their water system at the pad.
Well, I don't think the firefighters are going to be able to access that
at the pad if there's an accident there. And anyone who's read the
paper recently and has seen those tanks in Colorado with the --
floating that are full of oil, we know that we have to prepare for major
accidents out there.
With regards to the school buses, we need to make sure that those
school buses, the three times in the morning, not counting special
needs which pretty much run at off -hours and three times in the
afternoon, that those schedules are incorporated so that the tanker
trucks are not allowed to be driving out there during those periods of
time when the folks are out there.
So again, you have a danger to not just the small numbers that are
indicated but a wider number.
And let me say one last thing too, by the way. This may all be a
moot point and I indicated this to Commissioner Nance right before
the meeting was reconvened. The fact is that when we looked and
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we've analyzed the permit that had been issued by the FDEP, in their
haste to do this, the numbers were right in terms of the latitude and
longitude. But a little small difference, that if you have a plus sign or
a negative sign in the latitude and longitude, what they have approved
is a well that will be going in India, not in Golden Gate Estates.
Okay?
So I thank you all and I hope that we don't have to send
emergency personnel out to India where they've proposed this. And
I'm sure they'll get that corrected. But that just goes to show you the
attention to detail that these folks provide.
Thank you for your time, we appreciate it, and we hope that this
will be a moot point that we will beat this at some point in time.
Thank you.
MR. MILLER: Your next speaker is Frank Cummings. He'll be
followed by Alexis Meyer.
CHAIRWOMAN HILLER: And how many minutes?
MR. MILLER: Three.
CHAIRWOMAN HILLER: Three minutes.
MR. CUMMINGS : Good afternoon, Madam Chairman and
Commissioners.
Collier County, Florida's Last Paradise, Come Live in Florida,
Florida's Last Paradise. Home to Extreme Varieties of Awesome
Beauty, from World Class Beaches, Resorts, Shopping and Recreation
to Sweeping Sawgrass Prairies, Wetlands with Flourishing Wildlife,
this is truly Florida's Last Paradise. Here you will find the quaint and
historic as well as the elegant and modern. Come explore Collier
County and the many diverse attractions they have to offer. Tourism
is an important business for Naples, Marco Island and the Everglades.
As the leading employer and the primary economic engine for the
region, the tourism industry is responsible for over 25,000 jobs in
Collier County. Over 1.3 million visitors in 2004 spent over $681
million, resulting in a total economic impact of over $1 billion. That's
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September 24, 2013
a B, folks.
Residents benefit from tourism industry through the savings that
endow Collier County with enhanced amenities in the community. A
tax savings of $518 per resident is an estimated thanks to the
expenditures of visitors. Visitors leave over $8.6 million in tourist
development taxes in our region and they provide $60 million in sales
tax revenues.
Tourist Development Taxes pay for extensive beach
renourishment programs in Collier County. These taxes also help pay
for museums, special programs and events, the Convention and
Visitors Bureau, the support for the tourism industry through
advertising and promotion.
Tourists who visit Collier County leave with such treasured
memories that they keep coming back year after year. And often they
desire to return -- become a long -term Collier County their home (sic).
Who can resist the natural beauty, the beaches, the shopping, the
relaxation.
This is a quote from your own CollierCounty.org website.
My wife and I, Norma, have made Golden Gate Estates our
home. We would like to see our children and grandchildren enjoy
these many benefits that are beautiful to the State of Florida and it has
to offer to us. It certainly doesn't look that way if we continue to drill
into Mother Earth.
Please rescind any and all drilling rights in Collier County and
start the legislative process to end such activities. Thank you,
Commissioners, for your time. I appreciate it.
MR. MILLER: Your next speaker is Alexis Meyer. She'll be
followed by Bob Krasowski.
MS. MEYER: For the record, Alexis Meyer. I'm the National
Representative for Sierra Club's Florida Panther Critical Habitat
campaign.
As you've all seen the maps, this is less than a mile from the
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Florida Panther National Wildlife Refuge, it's in panther primary
habitat. It's just not a good spot, on top of being located next to all
these people's homes.
Specifically we're concerned that no biological opinions or
environmental assessments have been done for this project. Since this
project would impact the federally protected endangered species, there
is a concern that these companies are not following proper regulations.
Specifically for any project that impacts the federally endangered
species or its habitat, a Section 7 consultation under the Endangered
Species Act must be done.
As a former federal biologist working in Section 7's, I do not see
how this permit can go forward without federal review, something that
the DEP has not done. They haven't even considered it.
The Dan A. Hughes Company said that they are implementing
measures to reduce impacts to wildlife and plants, but have not been
forthcoming on what measures these are.
They have also not shared any documents with the public
concerning environmental impacts for the project.
Their transparency to the public is troubling, and the Sierra Club
questions whose interest they are upholding. Collier County boasts
some of the most unique environmental assets in the state, if not the
country; projects like this that are precedent for destroying those vital
assets and threatening the future of Collier County and Florida's
recreational and economic drive.
I am saddened that the people fighting this well have been given
the runaround from the organization supposedly representing
environmental protection and environmental justice issues. No one
has been given a straight answer to their concerns. Comments are
ignored or directed to someone equally clueless in the matter. And
inaction by our representatives at the local and state levels have
pervaded this fight.
I hope that the Commissioners will take these concerns into
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September 24, 2013
consideration and please take a stance for their citizens. Thank you
for the time and listening to me.
MR. MILLER: Your next speaker is Bob Krasowski. He'll be
followed by Pam Gharabally.
MR. KRASOWSKI: Good afternoon. I'm Bob Krasowski.
I'm a bit frustrated that it's taken so long for this issue to be
addressed or heard because of so many people that were here to speak.
So they spent their whole day here. But there is a bright side of that
and that is that they've been able to get a front row seat to see how this
government is run.
I think really that people throughout the country have to embrace
their governments more than they have. Things have really slid badly
in many ways, and this is a prime example as far as the government
being sensitive to the people's needs.
I'm not a member of any of the organizations that have addressed
you today. But after attending a number of their meetings and the
County Commissioner Nance's meeting and the meeting that the DEP
held, I sympathize with them, particularly those who would live
nearest to the well in the danger zone and whatever other term they
give it. That's a DEP term.
I believe that these people, their issues are valid and they deserve
a review from your staff to come back on October 8th.
I also hope that there is some effort to satisfy what has been
requested in terms of ordinances. And we must be able to identify
whatever chemicals, whether they're trade secrets or not, requirement
should be that those chemicals are identified before they can be used
and potentially impact our aquifer, whether it's close to these people's
homes or anywhere in Collier County.
It appears across the board to me that our government has
become detached and insensitive to the plight of the average county
resident or national resident in favor of the large monied interests, like
duh, anybody that lives in America that hasn't seen that going on must
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September 24, 2013
be -- I don't know, they're living in a cloud.
When it comes to -- in Collier County there are certain big
players, money players that seem to win out in the end. I hope that
that stops here.
Let's see. I'll mention two other things. This is not a permit,
permit has not been issued. An intent to issue a permit, this 21 -day
period. Mr. Mule or any individual decides to bring up these issues
that have been presented before, that whole intent becomes an opinion
from the DEP. It's not a permit.
And from what I hear, if what he said was correct about the plus
and minus as far as the latitude, longitude, that's one reason the permit
would have to be rejected and they'd have to start over again.
Let me give you a quote, okay? In this I relate to these people.
How wonderful it is that nobody need to wait a single moment before
starting to improve their world.
And that's what these people are trying to do. The younger lady
that wrote that never survived the oppression that she experienced in
her day, and that was Anne Frank.
CHAIRWOMAN HILLER: Oh, thank you.
MR. MILLER: Your next speaker is Pam Gharabally. She'll be
followed by your final speaker, Darwin Brandt.
MS. GHARABALLY: Thank you for listening to us today.
I may say some things that you've heard already, but as we know
we have to hear things at least seven times before it sinks in. And so
we may be repeating a few things. And we hope that you will take
this into consideration.
The potential dangers out in Golden Gate Estates, especially just
1,000 feet from the first house, what are the potential dangers? What
about hydrogen sulfide gas. It's more poisonous than cyanide gas
which was used to kill soldiers in World War I. H2S is heavier than
air. It's corrosive and highly explosive. When the gas reaches you,
you get the smell of rotten eggs for a few seconds, then your senses
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September 24, 2013
shut down and then you die within three to 15 minutes.
Now, this, we just showed you the map, that if there is any air
that is circulating around within the death zone or further out and there
is a potential of hydrogen gas seeking into -- hydrogen sulfide gas
seeking into the air, the pollution will be devastating.
The potential for the widespread fire in the Golden Gate Estates,
not only from the possible ignition -- are you leaving again, Mr.
Henning?
COMMISSIONER HENNING: I am.
MS. GHARABALLY: I'm just really sorry that this isn't
important enough for you to stay.
COMMISSIONER HENNING: I can hear you right back here.
MS. GHARABALLY: Thank you very much, but you can't see
US.
The potential for the widespread fires, I mentioned, not only from
possible ignition of hydrogen sulfide gas as the drilling penetrates
below 10,500 feet, and we know that they're going to go further than
10,000 feet, the potential of that hydrogen sulfide is going to come up.
The first time this will be attempted so close to a residential area.
This has never been tried before. We're putting people's lives at stake
for getting some kind of an idea if this is going to work or not is just
exploratory. It's not exploratory for people's lives.
It was also -- combustible oil that could be later extracted and
stored in this residential area, but they also have this enormous fire rig,
the rig engines themselves would operate 24n for the first three
months with a capacity for 10,000 gallons of diesel fuel.
The oil would be stored on an on -site holding tank. And we live
in an area that has only one way in and one way out, as you've heard
before. Two -lane Desoto Boulevard doesn't have any fire hydrants on
it. You know how you get water to a fire and that's by the air. Don't
forget that hydrogen sulfide would probably have killed everybody
already.
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September 24, 2013
But the first thing I want to ask, because I know your policy and
ordinances is, what about that 24/7 when that generator is making that
drill pump through to that more than 10,000 feet? The neighbors, the
residents are going to hear that. Please tell us what your noise
ordinance is and if the Hughes Oil Company is going to adhere to that.
Who is paying for the impact fees? You've got roads that cannot
handle the amount of trucks that are going to go back and forth. As
we mentioned before, the potential for any kind of an accident with a
school bus or a child is very, very serious.
CHAIRWOMAN HILLER: Thank you very much. Your time is
up.
MS. GHARABALLY: All right.
MR. MILLER: Your final speaker is Darwin Brandt.
MR. BRANDT: You guys are not going to really like me very
well, because I drill wells for a living. That's what I do. I drill water
wells. I drill in Collier County and I drill in the State of Florida, okay.
I drill in Central America and I drill in Texas. That's what I do for a
living.
And you guys don't understand what this is going to bring to
Collier County. This is going to bring economic boom. We have
been going through nothing for work for anybody for the last five
years. Now, you guys are worried about the water, you're worried
about the wells? Go out there and test all the wells and make sure that
they're sealed properly. That's one way around that.
I've drilled eight -inch fire wells in this county; got to be tested
and certified in access of 1,250 gallons a minute. That's as much as
your biggest fire engine will pump, okay.
Now, the other thing you guys are worried about is the roads.
Hell, make the guys make their own roads. Don't beat up our roads,
make them make their own roads. That's just a little lump in the road
for them.
You know, there's a lot of -- there's a lot of good to this. I've
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September 24, 2013
lived in Northern Minnesota, been in North Dakota. I saw the boom
in the Eighties. I was in Texas a month and a half ago and the whole
state is going nuts. Everywhere you look there's a rig being drilled --
or there's wells being drilled.
And the only reason they're going after this is because it's heavy
oil. They figured out how to crack that heavy oil between San
Antonio and Houston. They got shallow oil, it's heavy. And they
figured out how to get it to flow without steam. So it's economical to
do it, you know.
And if everybody wants to go and raise cain with somebody, they
need to go over to Cuba and raise cain with those people. Because the
Chinese are in Cuba right now getting ready to drill, we ain't got a
prayer. We ain't got nothing to say to those people.
And that thing that happened over there in the Gulf, I got friends
of mine that drill oil wells. They said they brought in a junk drill rig
from the North Sea. They had a crew on there that didn't know what
the hell they were doing and it got away from them. That's why it
burned up.
Okay, I'll let you go. Thank you.
MR. MILLER: That was your final public speaker on this item.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Pamela Duran said there are
900 million gallons of aquifer water used instead of --
CHAIRWOMAN HILLER: Saltwater.
COMMISSIONER FIALA: -- instead of saltwater. Do you have
any basis?
MS. DURAN: It's on the DEP permit and the South Florida
Water. It's on their permits, if you go to the DEP. And I'm talking
about the three wells. That's actually three wells out in Collier
County. This one is --
COMMISSIONER FIALA: Okay. And is that per year?
CHAIRWOMAN HILLER: Hang on a second. If you're going
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September 24, 2013
to ask her a question, she has to stand up to the mic.
COMMISSIONER FIALA: Oh, yeah. I'm sorry, you have to
come up to the microphone. I'm sorry to bother you. I didn't want to
interrupt any of the speakers but I was writing notes.
MS. DURAN: Right now the DEP is handling three oil wells in
Collier County. The one that's already on Everglades and Immokalee
has already been drilled. And then there's one out by Lake Trafford
that's going to be drilled soon. This is the last one of the three.
Their water permit is for 15,000 -- 15 million gallons a month.
And it's a five -year permit and that adds up.
But there are oil drillers that drill down into the saltwater so that
they don't use our freshwater, which is now becoming so precious that
this would be an easy thing to do. This is not asking, you know, to
change -- it's just a small change that they would have to do.
COMMISSIONER FIALA: Thank you, that was very
interesting. Thank you.
CHAIRWOMAN HILLER: Commissioner Nance, do you have
a motion?
COMMISSIONER NANCE: Yes, recommendation as written is
basically my motion, and then to remind everybody, what is
appropriate right now and the thing that we have the responsibility to
do, and I believe this Board will unanimously support it, is to go out
and review in detail these permits and these documents and determine
what the impact is on everybody, what our responsibilities are, what
we have to contend with and the impact on our infrastructure, but also
the coordination of safety that's required under the permit.
The first thing we have to do and the reason why there was very
little that this Board could actually do is we had to wait for somebody
to take some action before we could determine and evaluate it.
So this is the first step in doing that, and that is to take our staff
members which have great expertise -- Mr. Ochs has got a very highly
qualified staff that deals with developments of all sort -- and go out
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and determine what it is that we have to contend with. This is the first
step in doing that.
I don't think it's fair to assess or to say what we should do, could
do or can't do until we figure out what the conditions are that prevail
at the time.
CHAIRWOMAN HILLER: Commissioner Nance, we have a
motion from you, and who was the second?
COMMISSIONER COYLE: Commissioner Henning.
CHAIRWOMAN HILLER: Commissioner Henning.
I'm going to come to you, Commissioner Coyle.
Commissioner Coyle, go ahead.
COMMISSIONER COYLE: I just called the motion. I'm ready
to vote on it.
CHAIRWOMAN HILLER: Oh, I'm sorry.
COMMISSIONER COYLE: The only thing we've got to decide
is whether we send the letter -- or whether we ask the county to
research the issues and come back with a recommendation --
CHAIRWOMAN HILLER: Right, exactly.
COMMISSIONER COYLE: I mean, that's what we want to do.
CHAIRWOMAN HILLER: I agree.
Commissioner Fiala, is there a comment or can we call the
question?
COMMISSIONER FIALA: Just a fast comment.
Is there a way to work into that research that you'll be doing on
our behalf to explore something like the water and using saltwater
instead of freshwater? And a couple of these other things. Is that
added on later on if something even comes here?
CHAIRWOMAN HILLER: I don't believe that we have the
ability to amend the permit that they're applying for.
MR. OCHS: And that's the first level of review we'll need to do
is figure out what's inside and outside of our jurisdiction.
COMMISSIONER NANCE: And I believe in fact, ladies and
September 24, 2013
gentlemen, South Florida Water Management District is the one that
stipulated which waters to be used and authorized them to do that. So
they're the agency in control of the water wells. DEP is in charge of
the oil and gas program. So we have those two agencies.
COMMISSIONER COYLE: But remember, over 50 percent of
the freshwater that we drink here comes from the reverse osmosis
process where we drill down into the saltwater aquifers and we pump
up the saltwater to process it into drinking water.
Now, if they're taking saltwater out of the same aquifers we're
taking saltwater out of, we're going to have less saltwater to convert
into drinking water. So, you know, keep that in mind. This is not an
issue where they are pumping out of our freshwater aquifers. So just
keep that in mind. And we've got to be able to evaluate the impact on
that.
CHAIRWOMAN HILLER: Thank you for your comments.
Since there's no further discussion, all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Any opposed?
(No response.)
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #I OG
AUTHORIZE THE CHAIR TO SEND A LETTER TO THE
UNIVERSITY OF FLORIDA EXPRESSING CONCERN, AND
REQUESTING THE INCLUSION OF COLLIER COUNTY
AGRIBUSINESS INDUSTRY AND PUBLIC SECTOR
STAKEHOLDERS IN DISCUSSIONS REGARDING RECENTLY
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September 24, 2013
ANNOUNCED CHANGES IN STAFFING, SERVICES
PROVIDED, AND THE FUTURE OF THE UF/IFAS
SOUTHWEST FLORIDA RESEARCH AND EDUCATION
CENTER (SWFREC) IN IMMOKALEE, FL — LETTER TO
INCLUDE OPPOSITION IN CLOSING THE IMMOKALEE
CENTER AND TO ENCOURAGE OF TO KEEP IT OPEN —
APPROVED
CHAIRWOMAN HILLER: The next item on the agenda is
10.G, which is Commissioner Nance's request to write the letter to the
University of Florida regarding IFAS.
COMMISSIONER COYLE: Motion to approve.
CHAIRWOMAN HILLER: I'd like to modify that. What it
basically says in the recommendation is the inclusion of Collier
County agribusiness that, you know, we -- I'm sorry, that we be
included as stakeholders to participate in the discussion.
I think additionally the letters should state that, you know, we
don't support them closing the research facility and we encourage
them to consider leaving that research facility intact with the staffing.
So if you don't mind, Commissioner Coyle, if you would modify
your motion, I'll --
COMMISSIONER FIALA: Coyle?
CHAIRWOMAN HILLER: Yeah, Coyle, because he made the
motion to approve. If you would modify it, I'll second it and --
COMMISSIONER COYLE: Is that acceptable to you,
Commissioner Nance?
COMMISSIONER NANCE: Absolutely. I just put this agenda
in, and thank you all for approving its hearing today so that we can get
engaged in this process. It's very important that we do, so this is a
tremendous asset that's important to us and we need to do whatever we
-- take action as soon as possible.
CHAIRWOMAN HILLER: Thank you. So I have a motion and
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September 24, 2013
a second.
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, the court reporter I believe is ready
for a short break.
CHAIRWOMAN HILLER: Really? Really? I wonder why. I
can't even imagine why.
Let's take 10 minutes and return at 3:00. Or nine minutes and
return at 3:00.
(Recess.)
MR. OCHS: Commissioners, you have a live mic.
CHAIRWOMAN HILLER: Thank you very much.
MR. OCHS: Madam Chair, we are moving to --
CHAIRWOMAN HILLER: 1 LB, please.
Item #1 1 B
FOUR AGREEMENTS TO ALLOW PARTICIPATION IN
ALTERNATIVE INTERGOVERNMENTAL TRANSFER
PROGRAMS (IGT): TWO BETWEEN THE COUNTY AND
AGENCY FOR HEALTH CARE ADMINISTRATION (AHCA),
ONE EACH BETWEEN THE COUNTY AND PHYSICIANS
REGIONAL MEDICAL CENTER AND NAPLES COMMUNITY
HOSPITAL; AND AN ADDITIONAL AGREEMENT BETWEEN
COLLIER COUNTY AND THE DAVID LAWRENCE CENTER
AND APPROVE ALL NECESSARY FY2014 BUDGET
AMENDMENTS. THE COUNTY'S TOTAL BUDGETED
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September 24, 2013
APPROPRIATION INCREASES TO $5,413,268 — MOTION TO
INCLUDE THE SCRIVENERS' ERROR CORRECTION AS
PRESENTED — APPROVED
MR. OCHS: Yes, ma'am.
It is a recommendation to approve four agreements to allow
participation in the Federal Intergovernmental Transfer programs
involving agreements between the county and the Agency for Health
Care Administration.
CHAIRWOMAN HILLER: And I'd like to go ahead and make a
motion to approve this.
COMMISSIONER COYLE: Second.
CHAIRWOMAN HILLER: Thank you.
With the adjustment to the agreements as provided by the County
Attorney, which includes a full indemnification for the protection of
the county.
MR. OCHS: Thank you, ma'am.
And Commissioners, we do have one scrivener's error correction
we need to get on the record for Ms. Price.
MR. MILLER: Madam Chair, I also have four registered public
speakers on this item. Although they could be waiving.
CHAIRWOMAN HILLER: Yes.
MS. PRICE: Commissioners, this scrivener's error is part of the
insurance --
CHAIRWOMAN HILLER: The two million in aggregate?
MS. PRICE: -- change per incident to aggregate.
CHAIRWOMAN HILLER: Does the motion have to include the
modification due to the scrivener's error?
MR. KLATZKOW: Yes. And I'd like the motion to include the
addition to the language --
CHAIRWOMAN HILLER: Right.
MR. KLATZKOW: -- that the County Manager is now putting
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September 24, 2013
on the monitor as well.
CHAIRWOMAN HILLER: I do make -- my motion does
include the indemnification as you proposed.
I will modify my motion to include the correction of the
scrivener's error as presented.
MR. KLATZKOW: Mr. Saunders, are these corrections -- are
these additions acceptable?
MR. SAUNDERS: Yes, for the record Burt Saunders with the
Gray Robinson Law Firm.
Those additions are acceptable. And I do want to -- I know as a
lawyer you sit down when everything is over before you say
something that will change your opinion, but I want to say one thing
about your staff. We had a great time working with your staff. You
often hear that staff is unresponsive, you often hear that --
CHAIRWOMAN HILLER: No, no, no.
MR. SAUNDERS: -- they're unhelpful --
CHAIRWOMAN HILLER: That was in bad days or bad old
days, whatever.
MR. SAUNDERS: Well, I'll tell you, working with Len Price
and Kim Grant, the Assistant County Attorney Jennifer Belpedio, I
have a hard time saying that name sometimes, those folks really went
overboard to get us to where we are today. The clerk, Crystal Kinzel,
everybody understood the benefits of --
COMMISSIONER COYLE: You've crossed the line now.
CHAIRWOMAN HILLER: Okay, thank you.
MR. SAUNDERS: That's why I'm publicly --
CHAIRWOMAN HILLER: Thank you, Burt, we got the
message.
COMMISSIONER COYLE: You got at least one no vote.
MR. SAUNDERS: I can count to three.
CHAIRWOMAN HILLER: County Manager, can you include
these two documents?
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September 24, 2013
COMMISSIONER COYLE: Requires a super majority vote.
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER:
documents?
MR. OCHS: Will do.
CHAIRWOMAN HILLER:
COMMISSIONER COYLE:
CHAIRWOMAN HILLER:
Can you include both those
You're getting rowdy.
It's getting late.
Behalf.
COMMISSIONER COYLE:
Late.
CHAIRWOMAN HILLER:
Behalf.
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.
The next item is --
COMMISSIONER FIALA:
That was pretty easy, huh.
Item #1 1 C
PROPOSED PERFORMANCE BASED ECONOMIC
DEVELOPMENT INCENTIVE PROGRAMS FOR NEW JOB
CREATION IN TARGETED INDUSTRIES — APPROVED
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: -- I I.C.
MR. OCHS: Yes, this is the recommendation to approve the
proposed performance -based Economic Development Incentive
Programs for new job creation and target industries.
These were previously presented at two different occasions to the
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September 24, 2013
Board, and Mr. Register is here to ask the Board for formal adoption.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: There's a motion and a second.
Commissioner Fiala, did you want to speak?
COMMISSIONER FIALA: Yeah. I just wanted to know, in
here you stated -- you know, we're talking about companies now. And
some companies want to keep their financials very close in -house
rather than let anybody know what they're doing. They prefer to act
privately. Sometimes commissioners don't want anybody to act
privately or they want to know the financials. And I just want to
know, what are you going to do in case they insist on seeing them?
CHAIRWOMAN HILLER: Well, can I respond for a minute
with respect to that?
MR. REGISTER: Certainly, Commissioner.
CHAIRWOMAN HILLER: Like if you look at -- I just want to
address that because, you know, they do have protection under public
records law. If they would like confidentiality to be invoked with
respect to the more sensitive information that they present, they can do
SO.
And what we've done, I've actually been working with several
companies and they request it and Bruce has put together a really great
letter that references the statute and it's readily accepted.
Just so you know, all the other counties that have this program do
require financials and do have -- you know, do allow for the
protection. And so does the state.
COMMISSIONER FIALA: I just wanted to make sure that
Bruce had all of the tools in his toolbox to make sure that he could do
an outstanding job for us. So I thought I'd bring it up on the record,
because I wanted to see how you would handle it, if that became a
problem.
MR. REGISTER: Commissioner, there are two elements to
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September 24, 2013
consider when you think about confidentiality: First the establishing
an assessment during their application process. Establishing the
eligibility and evaluating the company.
There's a second phase that comes in when you're evaluating
their performance compliance. And those two, those are -- the law
provides provisions for both those circumstances, and they are
distinct.
In the case of evaluating the applications, there are provisions
that differ between companies that have records and those that are
startups. Startups require a little bit more in disclosure and that sort of
thing, whereas established companies with track records are less so.
So there is some deviation from that.
And then as far as the compliance is concerned, the state
requirements and standards pretty much adhere to what you require to
comply to match the actual expected objective and the deliverables,
and so there's a very tight nexus between what you're trying to
demonstrate and what you're requiring from the company.
COMMISSIONER FIALA: Great. I just wanted to make sure
that we spoke of that on the record. Because there are companies that
would not come here if they felt that they had to disclose some of their
financials. They like to keep them close at hand. Not only that, but
their competitors might also want to know that. And so I just wanted
to make sure you had everything intact so that it would protect you as
you move forward.
MR. REGISTER: Yes, ma'am.
COMMISSIONER NANCE: Thank you.
CHAIRWOMAN HILLER: And the other side of that
discussion, it's our duty to protect the taxpayer. And if we give tax
dollars out as incentives, we need to be sure that the company we're
giving those tax dollars to is financially sound and that we're not
giving away tax dollars that will disappear. We've had a lot of
scandals in the State of Florida involving incentives that were given to
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September 24, 2013
companies where they turned out to be, let's call them, losers.
Now, the Inspector General for the -- for what is it, the Office of
Economic Development --
MR. REGISTER: Opportunity.
CHAIRWOMAN HILLER: Opportunity, right -- has basically
been looking at the underwriting requirements for their incentive
programs to better protect the state and the counties that participate in
these programs.
MR. REGISTER: Just one comment. One of our strongest tools
to ensure what you just described is the notion of performance before
pay.
CHAIRWOMAN HILLER: Absolutely.
MR. REGISTER: We're only paying for after our performance
has been certified.
CHAIRWOMAN HILLER: Kind of like the clerk, he only pays
after the performance has been completed.
COMMISSIONER COYLE: And sometimes not even then.
CHAIRWOMAN HILLER: Okay. All right, do we have a
motion --
COMMISSIONER COYLE: Aye.
CHAIRWOMAN HILLER: -- to approve?
We have a second and a motion. Oh, we have a Commissioner.
Yes, sir.
COMMISSIONER NANCE: Mr. Register, I just have one
question. Excuse me if this has already been answered in detail. But I
was going through some of the elements of some of the programs, and
these programs are the same programs that were introduced in your
business plan, if I'm not --
MR. REGISTER: Essentially.
COMMISSIONER NANCE: Yes.
Throughout the programs, for example, the ALPS program, it
goes on and talks about economically distressed areas and it talks
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September 24, 2013
about rural counties. Does Collier County have areas that qualify for
those? I'm just looking for a definition so that I understand. And, you
know, you don't have to give me a complete answer today. If you
could just tell me what is the element of an economic distressed area.
And is there any way -- since we have a tremendous diversity in
Collier County, is there any way that we would qualify for any of the
rural county --
MR. REGISTER: Yes.
COMMISSIONER NANCE: --incentives?
MR. REGISTER: The notion of using the phrase officially
designated economic distressed area gives you the latitude for us to
apply this in a rational sense. Because what we're talking about is
state level designations, federal level designations, even regional level
designations. The FREDDIE perspective. So this gives us the
latitude. CRA's as well. This gives us the latitude that where we can
consolidate our approach making certain that we're capturing all those
different designations in an umbrella.
By no means are we intending to create the notion that we're
going to be arbitrarily determining. That's a distressed area. These
are going to be predicated on independent certifications by different
organizations.
COMMISSIONER NANCE: Wonderful. Thank you, sir.
CHAIRWOMAN HILLER: Thank you.
So we have a motion and a second. 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.
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September 24, 2013
Item #1 I D
RESOLUTION 2013 -219: APPROVING THE COLLIER COUNTY
OFFICE OF BUSINESS AND ECONOMIC DEVELOPMENT
PROSPECT #13 -011, AS A QUALIFIED APPLICANT TO
FLORIDA'S QUALIFIED TARGET INDUSTRIES (QTI) TAX
REFUND PROGRAM, PROVIDING UP TO $759000 OF LOCAL
FINANCIAL SUPPORT FOR AN EXPANSION OF AN EXISTING
HIGH VALUE ADDED MANUFACTURING FIRM IN COLLIER
COUNTY THAT WILL CREATE 75 NEW ABOVE AVERAGE
WAGE JOBS — ADOPTED
MR. OCHS: Thank you. Commissioners, the next item is 1 LD,
and this is a recommendation to adopt a resolution approving the
application of qualified applicant to Florida's Qualified Target
Industry Tax Refund Program, providing up to -- it should say
$65,000 of local financial support for an expansion of an existing high
value added manufacturing firm in Collier County.
COMMISSIONER HENNING: Move to approve.
CHAIRWOMAN HILLER: I'll second it.
And just for the record, this is actually a participatory program
where the state provides $2 and we provide $1. So the actual support
to the company is a total of three times 65.
MR. REGISTER: Commissioner, could I just add --
CHAIRWOMAN HILLER: Yes.
MR. REGISTER: -- a slight correction?
CHAIRWOMAN HILLER: Yes, absolutely.
MR. REGISTER: It's 80 cents for 20 cents.
CHAIRWOMAN HILLER: Oh, they changed it? It used to be
two for one.
MR. REGISTER: That's a different program that you're thinking
about.
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September 24, 2013
CHAIRWOMAN HILLER: Okay.
MR. REGISTER: It's a very important program that you're
thinking about.
CHAIRWOMAN HILLER: So this is 80 -20?
MR. REGISTER: Eighty cents for 20 cents on our part.
CHAIRWOMAN HILLER: Okay, so that's even better.
MR. OCHS: Still highly leveraged --
CHAIRWOMAN HILLER: That's even better for the company.
COMMISSIONER COYLE: And it's paid after the jobs are
created.
CHAIRWOMAN HILLER: Yep, after the --
MR. REGISTER: Performance is certified on an annual basis.
COMMISSIONER COYLE:
CHAIRWOMAN HILLER:
COMMISSIONER NANCE:
Yep.
That's super.
And even then, Commissioner
Coyle?
COMMISSIONER COYLE: I'm sorry?
COMMISSIONER NANCE: And even then?
COMMISSIONER COYLE: Well, even then he might not get
the money.
COMMISSIONER NANCE: Okay.
CHAIRWOMAN HILLER: And so it's really important to
remember the state programs where the state contributes such a
substantial amount towards the incentive and it eases the burden on us.
Repatriate some of our tax dollars.
Thank you so much.
We have a motion and a second.
COMMISSIONER HENNING: Good job.
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
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September 24, 2013
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. OCHS: Thank you, Commissioners.
MR. REGISTER: Thank you for your support, Commissioners.
Item #1 1 F
AWARD INVITATION TO BID (ITB) #13 -6137 TO DEANGELIS
DIAMOND CONSTRUCTION, INC., IN THE AMOUNT OF
$5,182,845 FOR THE REPLACEMENT OF THE EXISTING, 29
YEAR OLD, HVAC SYSTEMS AND CORRESPONDING
CONTROLS IN THE OLDEST SECTION OF THE NAPLES JAIL
CENTER PROJECT #51031 AND AUTHORIZE THE
CHAIRWOMAN TO EXECUTE THE ATTACHED CONTRACT —
APPROVED
CHAIRWOMAN HILLER: The next is I LF?
MR. OCHS: Yes, ma'am, this is a recommendation to award
invitation to bid 13 -6137 to DeAngelis Diamond Construction,
Incorporated in the amount of $5,182,845 for the replacement of the --
CHAIRWOMAN HILLER: Motion to approve.
COMMISSIONER COYLE: Second.
CHAIRWOMAN HILLER: 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.
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September 24, 2013
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously. Thank
you.
That is a very needed improvement. I'm very glad to see the jail
getting that support.
COMMISSIONER COYLE: Now that's just air conditioning for
the administrative offices, it's not for the jail cells, right?
MR. OCHS: That's right, we're going to put them in tents.
COMMISSIONER COYLE: All right.
MR. OCHS: No, it's for the --
CHAIRWOMAN HILLER: That's for the jails, not for the
administrative offices, that's what he meant.
MR. OCHS: I know what he meant.
CHAIRWOMAN HILLER: He just had it backwards.
COMMISSIONER COYLE: No, he had it right.
CHAIRWOMAN HILLER: No, he had it wrong.
Item #1 I G
AWARD OF PHARMACY BENEFIT MANAGEMENT
SERVICES TO ENVISION RX, AUTHORIZE THE
CHAIRWOMAN TO SIGN THE ATTACHED AGREEMENT,
AND TERMINATE THE CURRENT AGREEMENT WITH
EXPRESS SCRIPTS EFFECTIVE JANUARY 1, 2014 —
APPROVED
MR. OCHS: I LG, recommendation to approve the award of
Pharmacy Benefit Management Services to Envision RX; authorize
the Chairwoman to sign the attached agreements and terminate the
current agreement with Express Scripts effective January 1, 2014.
CHAIRWOMAN HILLER: May I have a motion to approve?
COMMISSIONER NANCE: Second.
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September 24, 2013
COMMISSIONER COYLE: So moved.
CHAIRWOMAN HILLER: Thank you. I have a motion and a
second.
Commissioner Henning?
COMMISSIONER HENNING: Thank you.
What's this going to do to the -- how is this going to affect the
employees?
MR. WALKER: For the record, Jeff Walker, Risk Management
Director.
It's not going to negatively affect employees at all.
COMMISSIONER HENNING: No financial effect?
MR. WALKER: No, sir, there's no financial effect, no change in
pharmacies, none of that.
Essentially it's just really the back end vendor who manages all
of that. And we've got an implementation plan to deal very effectively
with what we hope to be a very clean roll -out January 1.
COMMISSIONER HENNING: Any positive effect?
MR. WALKER: Yeah, it's the reduction cost of over $300,000.
COMMISSIONER HENNING: Would that go to the
employees?
MR. OCHS: Well, it goes to the overall cost of the plan,
Commissioners. So to the extent that we can keep those costs down, it
will mitigate any future cost increases going forward in the subsequent
years.
So you're right, at the bottom line level it's a savings to the plan,
and whenever the Board can pass those savings along to the work
force, that's what we intend to do.
COMMISSIONER HENNING: Well, good.
COMMISSIONER NANCE: I think everybody might be happier
with the service, too.
MR.00HS: Absolutely.
MR. WALKER: That's really what drove this process.
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September 24, 2013
CHAIRWOMAN HILLER: We have 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.
Item #1 1 H
PURCHASE OF LIABILITY, AUTOMOBILE, WORKERS'
COMPENSATION, AIRCRAFT, AIRPORT AND OTHER
INSURANCE COVERAGE FOR FY 2014 IN THE ANNUAL
AMOUNT OF $1,05794599 A REDUCTION OF 5.59% OR $62,565
— APPROVED
MR. OCHS: I LH is a recommendation to approve the purchase
of Liability, Automobile, Workers' Compensation, Aircraft, Airport
and other insurance --
COMMISSIONER HENNING: Move to approve.
MR. OCHS : -- coverage.
COMMISSIONER COYLE: Second.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: I have a motion and a second. Any
discussion?
(No response.)
CHAIRWOMAN HILLER: There being no discussion, all in
favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
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September 24, 2013
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. OCHS: Thank you, Commissioners.
MR. WALKER: Thank you.
MR. OCHS: Thanks, Jeff.
Item #111
RESOLUTION 2013- 220 /CWS- 2013 -04 : AUTHORIZING AN
ADDITIONAL DISBURSEMENT UNDER STATE REVOLVING
FUND LOAN AGREEMENT DWI 111 040, AS AMENDED, WITH
THE STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION IN AN AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $12 MILLION TO
REFUND A PORTION OF THE COLLIER COUNTY WATER -
SEWER DISTRICT WATER AND SEWER REVENUE BONDS,
SERIES 2006; AND AUTHORIZING THE EXECUTION AND
DELIVERY OF THE STATE REVOLVING FUND LOAN
AGREEMENT AMENDMENT; AND, THE EXECUTION AND
DELIVERY OF AN ESCROW DEPOSIT AGREEMENT WITH
U.S. BANK NATIONAL ASSOCIATION — ADOPTED
Item 11.I is a recommendation to adopt a resolution authorizing
an additional disbursement under the State Revolving Loan Fund
agreement as amended with the State of Florida, Department of
Environment Protection in an aggregate principal amount not to
exceed $12 million to refund a portion of the Collier County
Water -Sewer District, Water and Sewer Revenue Bond, Series 2006;
authorize the execution and delivery of the State Revolving Fund
Loan agreement amendment and authorize the execution and delivery
of an escrow deposit agreement with U.S. Bank National Association.
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September 24, 2013
Mr. Joe Bellone --
COMMISSIONER HENNING: Move to approve.
COMMISSIONER FIALA: Second.
MR. OCHS: Essentially it's the refinancing at a lower interest
rate with a savings to the rate payers.
CHAIRWOMAN HILLER: Jeff, is there anything in particular
that has to be placed on the record, or are we --
MR. KLATZKOW: No, we're good, ma'am.
CHAIRWOMAN HILLER: Okay, 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.
Item #11J
ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY
MANAGER — APPROVED
MR. OCHS: I LJ is a recommendation to complete the Annual
Performance Appraisal for the County Manager.
Commissioners, thank you all for the time and effort you put into
my annual performance review. I had an opportunity to speak with
each of you individually and I appreciate the continued support and all
the constructive feedback that I've received through the evaluation.
And at the next meeting I'll be bringing forward my annual action plan
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September 24, 2013
that will reflect all of the comments that you've made.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: I just want to make sure that
everybody in our audience realizes that some of this reads like we had
something to do with employee relations. It's against the law for us to
tell the County Manager what to do with employees, for us to take part
in that and so it's absolutely nothing that we've had to do.
The County Manager has been responsible for all of the
employees, all of the department heads, all of the administrators.
And I also wanted to note that he was the one that saw that when
Norm Feder five years ago or six years ago announced that he was
taking the DROP program, he already had identified Nick as a good
replacement. And then of course when the person in charge of CDES
left, he put Nick right there. And Nick had a yeoman's job, just like
Kim is doing right now, to change things around.
But he's been working so diligently ever since Leo was smart
enough to put him in that position. He's done a great job. And then of
course he just scooped both of those departments when Norm -- once
Norman left. So this was Leo's decision. And --
CHAIRWOMAN HILLER: I think it's actually approved by the
Board as a matter of law. We have to approve the administrator's
recommended --
COMMISSIONER FIALA:
CHAIRWOMAN HILLER:
COMMISSIONER FIALA:
employees around or anything.
CHAIRWOMAN HILLER:
approve them. I know, I recomm
We can --
No, we have to.
-- approve but we can't move
No, but those guys up there, we
[ended -- I approved George. Dr.
George.
COMMISSIONER FIALA: George took over when Joe DeLony
left.
CHAIRWOMAN HILLER: DeLony left, right.
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September 24, 2013
COMMISSIONER FIALA: And so they've been on board for
quite a while. Len's been here forever. And the only new guy there is
Steve. But then he's not new to the county.
So I just wanted to say that we don't interfere with the County
Manager at all. By law we're not allowed to do that. The County
Manager makes those decisions and then he gets them to us and we
just ratify them. Just in case anybody started to get ideas about
anything. I have to make sure that doesn't happen.
CHAIRWOMAN HILLER: That's very good clarification.
Thank you.
COMMISSIONER FIALA: Oh, and I want to say too, Leo,
you've done a fine job.
MR. OCHS: Well, thank you.
COMMISSIONER FIALA: You've done a wonderful job. It's
great to work with you. Sometimes I don't agree with your decision,
but it's great to work with you. And I think you're quite a gentleman.
MR. OCHS: Thank you.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: I have a question related to this
topic that we're talking about now and no other one.
What does it mean by complete the performance?
CHAIRWOMAN HILLER: I think that's a typo. It really should
be recommendation to accept the annual performance appraisals for
the County Manager for the record. Because that's all we're dealing --
we're not --
MR. OCHS: That would be more correct.
CHAIRWOMAN HILLER: We don't approve the evaluations.
We're merely accepting it to be introduced on the record.
MR. OCHS: You already performed the review.
CHAIRWOMAN HILLER: Right. I mean, we --
MR. OCHS: This is putting it on the record. Because we do this
in the sunshine.
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September 24, 2013
CHAIRWOMAN HILLER: Exactly.
COMMISSIONER HENNING: So it's complete then, right?
MR. OCHS: Complete then except the --
CHAIRWOMAN HILLER: It's rec -- the motion is
recommendation to accept the Annual Performance Appraisals of the
County Manager for the record.
COMMISSIONER HENNING: So moved.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: Any further discussion?
(No response.)
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #I 2A
ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY
ATTORNEY — APPROVED
MR. OCHS: Thank you, Commissioners. That moves us to Item
12 on your agenda, County Attorney's Report. 12.A is the Annual
Performance Appraisal for the County Attorney.
CHAIRWOMAN HILLER: And again, the motion would be
recommendation to accept the Annual Performance Appraisal for the
County Attorney to be accepted on the record.
COMMISSIONER HENNING: So moved.
COMMISSIONER COYLE: Motion to approve.
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September 24, 2013
COMMISSIONER FIALA: Second.
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: All right. Commissioner --
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COYLE: Aye.
CHAIRWOMAN HILLER: They're out of control. I mean, we
might as well throw the towel in now.
All right, Commissioner Coyle made the motion, Commissioner
Henning made the second. Commissioner Nance is voting on behalf of
the Board.
All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
And I'm assuming there's no one against it.
Item #I 2B
RESOLUTION 2013 -221: ESTABLISHING PROCEDURES
RELATING TO EMERGENCY REPAIRS OF PRIVATE ROADS —
ADOPTED
MR. OCHS: 12.B is a recommendation to approve a resolution
establishing procedures relating to emergency repairs of private roads.
MR. KLATZKOW: And Commissioners, the impetus of this one
is your following agenda item which is an emergency situation that
was brought to our attention by the fire district for Platt Road. And I
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September 24, 2013
think Nick is probably better equipped to handle that discussion.
But we've -- you know, it's an interesting county. As we
urbanize, they're getting more and more expectations in the rural
section and we're getting more and more emergency situations or more
expectations anyway to get emergency vehicles.
Platt Road is particularly bad because you can't get a fire truck
down there. The concern is if you ever have a wildfire there, I don't
know how you put it out.
The thought process is to be able to -- for the Board to review the
situation, declare an emergency to allow the County Manager to direct
his staff to go bring that road up to what's necessary to get the
emergency vehicles there, and afterwards to establish an MSTU,
hopefully voluntary. If not, the County Manager will come back so
that the residents of the private road can start a fund to keep the roads
in minimal condition.
COMMISSIONER COYLE: Motion to approve.
CHAIRWOMAN HILLER: Is there anything that we have to put
on the record to invoke this?
MR. KLATZKOW: No, just a recommendation.
CHAIRWOMAN HILLER: Okay. So I have a motion to
approve. Do I have a second?
COMMISSIONER NANCE: Yes, I will second it, but I'd like to
make a comment --
CHAIRWOMAN HILLER: Go ahead.
COMMISSIONER NANCE: --for discussion.
I think we have a situation here where there are numerous private
roads that not only due to the heavy rainfall this year, which has
exacerbated a normally bad situation into one that's intolerable, but we
also have the issue of the economy which has meant that normally
people that go out there and do a minimum amount of maintenance to
their private roads have done less than that or even none.
And, you know, we have two examples that have popped up all
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of a sudden. I believe Platt Road in my district and Sunny Grove
Road in Commissioner Fiala's district that degenerate into disrepair.
And there's more of these situations out there than people generally
realize.
So what we have to do is we have to figure out some sort of a
process or procedure where not only we're going to be able to take
care of these things, but we are going to have a procedure to inform
these people what it is -- what our expectations are from them so that
there's no confusion over what's going to transpire. In other words, if
we have a system where we're going to go in and we're going to ask
them to do the right thing and become engaged and they do not and
then we go and impose an MSTU, I want it to be clear and
unequivocally communicated to those people what's going to happen
if they don't take responsibility for their own circumstance.
And I think if we get that, I think we're going to eliminate a lot of
controversy and a lot of heartache when we're trying to deal with
people as, you know, we get 50 people in here that all of a sudden
don't understand why they have another line item on their TRIM
notice.
So, you know, generally I think generally Lee County and others,
we saw an instance at the last meeting where Commissioner Hiller
needed to get a public drainage system handled in a similar way. So
we really do need to have this procedure. I think it needs to be
perhaps even a little bit broader than just emergency repairs of private
roads. It needs to be to emergency privately owned infrastructure in
general so that we have a disability to declare emergency and then a
process to go back in and communicate directly with the impacted and
affected taxpayers and people that utilize these roads to require action
on their part.
CHAIRWOMAN HILLER: County Attorney, do you want to
look into that and bring something back at a future meeting?
MR. KLATZKOW: Yes, that's fine.
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September 24, 2013
CHAIRWOMAN HILLER: Thank you. I would appreciate that.
Thank you.
Commissioner Fiala wanted to speak and then Commissioner
Henning.
COMMISSIONER FIALA: Two separate questions, Nick.
First of all, one question is that private road that Tim Nance
referred to is owned by a company at the end. The people that live off
of it, you know, they can't interfere in this guy's road. But if they can't
get through to their property, they can complain about it to us. If we
go in and do this because we're answering to these people's concerns
about how to get in and out of their community safely, who do you
tax? Do you tax the guy who owns the road? Do you tax the people
that have complained? And wonder if the guy who owns the road
says I didn't call you, I'm not paying?
MR. CASALANGUIDA: Well, Commissioner -- for the record,
Nick Casalanguida.
We're in a two -step process, so it wouldn't be arbitrary. First of
all, some sort of emergency service would have to tell us they can't get
down there. So in this case, Chief Rita Greenberg sent us an email
that said I've had a vehicle that was damaged, I can no longer get
down that road. So she was the emergency service provider that made
that note.
We go out and do an evaluation as to what the road would be to
make it minimally passable. And I said to our guys, you know,
four -inch stone, we'll get a fire truck passed over but nothing more,
and that's the minimum dollar amount.
And then I think we have to look at the geographic area, who
benefits from that emergency response. And that's where, you know,
I've spoken to Commissioner Nance to say, you know, whether it's the
person at the front of the road or the back of the road, we will map it
out, give them six months to say you all benefit from this road, you
know, try and get together and do a voluntary MSTU. And if you
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can't, then we'll bring it back to the Board and do a mandatory MSTU.
COMMISSIONER FIALA: Yeah, but see, I asked a different
question. I understand that and you made it very clear.
But if the people who are declaring an emergency, let's say the
fire department comes in because they can't get rid of one of these --
or can't to one of these homes on these side roads --
MR. CASALANGUIDA: Sure.
COMMISSIONER FIALA: -- but they have to travel over the
long road that belongs to someone else, what do you do there?
MR. CASALANGUIDA: Well, the long road that belongs to
someone else, these are all private easements, we would repair every
road or every access that needed to be repaired that was under that
emergency declaration. So you'd still tax -- I understand your
question, hopefully I'm answering it. Whatever road needed to be
repaired would be repaired. And then all of these contain private
easements between each other to use that road. So the person on the
end who might be that farmer or business owner that has it at the end
would be part of that MSTU, just like these other people do.
We have a similar situation on Rock Road where we have one
person at the front saying I don't want to participate. Yet he's at the
beginning of the road that everybody else uses.
COMMISSIONER FIALA: And the fire department's already
working with this gentleman that's on that road. But, you know, we
were suggesting to them an MSTU. But are they allowed to do an
MSTU on somebody else's road? I don't know that --
COMMISSIONER HENNING: They have an easement.
COMMISSIONER FIALA: Huh?
COMMISSIONER HENNING: They have an easement to
transfer -- transverse across that road.
COMMISSIONER FIALA: Are the people that live on those
side roads allowed to create an MSTU --
CHAIRWOMAN HILLER: Can I --
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September 24, 2013
COMMISSIONER FIALA: -- to fix the big road? I've got one
more question.
CHAIRWOMAN HILLER: Let me just make a suggestion.
These are very good, very technical legal questions that I would like
to have the County Attorney bring back when he proposes the
solutions.
MR. KLATZKOW: As we bring you these things on a
road -by -road basis, okay, we'll be addressing them on a road -by -road
basis. Anybody who's -- we'll call it the spine road. Anybody who's
off the spine road has to get -- is going to have to contribute to that
spine road.
COMMISSIONER FIALA: Okay. That's the answer I was
looking --
MR. KLATZKOW: I think that's --
COMMISSIONER FIALA: --for.
MR. KLATZKOW: -- the fair thing to do.
COMMISSIONER FIALA: And the spine owner has to also pay
for it, right?
MR. KLATZKOW: Yes. Yes.
COMMISSIONER FIALA: Okay. The second question is, so
wonder if you have this road, and there are just three or four houses,
there's big properties, there are just three or four houses, but you have
these people in these houses that are very low income and really can't
afford anything. Now, we can tax them all we please, but if they can't
afford it then what do we do?
MR. CASALANGUIDA: Well, ma'am, the whole concept of
this was that you bought out there and it's for emergency responders.
So are you going to take public money to solve that problem? Jeff and
I went back and forth. You've got to somehow recoup that a little bit.
MR. KLATZKOW: Most of these roads, ma'am, have
undeveloped parcels. Those undeveloped parcel owners are going to
have to contribute as well, because their property will burn too.
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September 24, 2013
COMMISSIONER FIALA: Okay.
CHAIRWOMAN HILLER: Absolutely.
COMMISSIONER FIALA: And if they can't afford to pay, what
happens then? Do you put a lien on their house or something?
MR. KLATZKOW: No, not without Board direction, we would
not do that.
Again, ma'am, we're going to have to come back on a
case -by -case basis for the Board to make a decision.
This is a hard problem. I mean, quite frankly, in the old days,
going back 30, 40 years, somebody would make a phone call and a
truck would go out and it would just get taken care of. But in today's
day and age it doesn't happen anymore, so it's a harder problem.
COMMISSIONER NANCE: I think that this effort by staff and
communicating to people is going to have a very therapeutic effect on
folks. Usually a lot of the people that live out there in undeveloped
areas do have resources that they can use to help themselves. Most of
them built those roads by themselves, and so on and so forth.
So I think the case -by -case basis is a key to it. But you're going
to be surprised what sort of reaction you get when you suggest that
they're going to have to be taxed outside of their choice if they don't
do something. You're going to find that a lot of these problems are
self - regulating.
CHAIRWOMAN HILLER: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Okay, we're going to create an
MSTU, which is a charge that goes on your tax bill. If they don't pay
it, the tax deed is going to be sold. So it's not an issue about
foreclosing.
MR. KLATZKOW: The Board will decide whether or not a
particular road should be the subject of an MSTU.
COMMISSIONER HENNING: Well, we're saying through this
resolution there will be an MSTU if monies are expended.
September 24, 2013
MR. KLATZKOW: What we're saying is the County Manager's
staff is going to go there, see if they can get a voluntary MSTU. If
they can't, the County Manager will come back to the Board to see if
the Board wants them to impose it involuntary. It's always your
decision to make.
COMMISSIONER HENNING: Okay. I understand what you're
saying now.
Now, just a quick glance on the resolution, is there a
compensating (sic) for any improvements prior to creating an MSTU
in the ordinance, or resolution?
MR. CASALANGUIDA: We would only track the dollars that
we spend to make it minimally passable. So we wouldn't take in
account any value prior. In other words, a five -by -five pothole, four
feet deep, we get four -inch stone placed in and it cost us X dollars, we
would track that cost to make it minimally passable and those are the
dollars we would recoup and only that.
COMMISSIONER HENNING: So we are going to recoup those.
MR.00HS: Yes.
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER HENNING: Okay. That is in the resolution.
MR. KLATZKOW: Yes, sir.
CHAIRWOMAN HILLER: There is a motion --
COMMISSIONER HENNING: I missed it. Thank you.
CHAIRWOMAN HILLER: There is a motion and a second.
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.
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September 24, 2013
Item #I 2C
RESOLUTION 2013 -222: DIRECTING THE COUNTY
MANAGER TO TAKE IMMEDIATE ACTION TO MAKE THE
MINIMUM NECESSARY REPAIRS REQUIRED TO
FACILITATE THE TRANSPORT OF EMERGENCY SERVICE
VEHICLES ON PLATT ROAD AND APPROVE ALL
NECESSARY BUDGET AMENDMENTS — ADOPTED
CHAIRWOMAN HILLER: The next item is 12.C, which is
essentially a companion item. It's the resolution. Motion to approve
the resolution?
MR. KLATZKOW: Well, 12.0 is Platt Road. 123 --
CHAIRWOMAN HILLER: Oh, this is a different road?
MR. KLATZKOW: 123 was to establish the procedure.
CHAIRWOMAN HILLER: Oh, the procedure. I'm sorry, okay.
But this is the resolution --
MR. KLATZKOW: Yes.
CHAIRWOMAN HILLER: -- specifically for the road, right?
MR. CASALANGUIDA: Yes, ma'am.
CHAIRWOMAN HILLER: Right, exactly. I'm sorry, I thought
I -- that was what I thought.
MR. CASALANGUIDA: Chief Rita Greenberg provided a note
to us.
COMMISSIONER COYLE: Motion.
CHAIRWOMAN HILLER: There's a motion to approve and a
second. Any discussion?
THE COURT REPORTER: Who was the second?
CHAIRWOMAN HILLER: Let Commissioner Coyle --
COMMISSIONER HENNING: It should have been
Commissioner Nance, but --
COMMISSIONER NANCE: It was Commissioner Coyle. I
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September 24, 2013
seconded it.
Thank you, Commissioner Coyle.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Carries unanimously.
Item #14A3
THE CHAIRWOMAN TO EXECUTE FEDERAL AVIATION
ADMINISTRATION (FAA) GRANT AGREEMENTS NOT TO
EXCEED A TOTAL OF $5,649,916 FOR THE CONSTRUCTION
PHASE OF THE REHABILITATION OF RUNWAY 17 -35 AND
AIRCRAFT APRONS AT THE MARCO ISLAND EXECUTIVE
AIRPORT, AND THE APPROVAL OF THE ASSOCIATED
BUDGET AMENDMENTS — APPROVED
MR. OCHS: Commissioners, that takes us to Item 14.A.3. It's a
recommendation to accept and authorize the Chairwoman to execute
Federal Aviation Administration grant agreements not to exceed a
total of $5,649,916 for the construction phase of the rehabilitation of
runway 17 -35 and aircraft aprons at the Marco Island Executive
Airport, and approve associated budget amendments.
Mr. Curry is here.
CHAIRWOMAN HILLER: Commissioner Henning --
COMMISSIONER FIALA: Motion to approve.
CHAIRWOMAN HILLER: Hang on.
COMMISSIONER COYLE: Second.
CHAIRWOMAN HILLER: Commissioner Henning has the
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floor. Go ahead, Commissioner Henning.
COMMISSIONER HENNING: The -- what it should be, let me
get to the item. The recommendation should be to accept the grant,
direct the County Manager to do a budget amendment and bring it
back. But if FDOT's share is half of the 10 percent, why should we do
a budget amendment for the full amount of -- in other words, why
should we do a budget amendment of 627,000 and change when the
county matches 313,000?
Mr. Curry, this is your item?
MR. CURRY: Yes, it is.
COMMISSIONER HENNING: So why are we doing a local
match? You're asking to do a general fund transfer of 627? Actually,
that's in the fiscal because we're going to have to do the budget
amendment.
So how much county monies do you need to do this project?
MR. CURRY: For the Marco Island Executive Airport the
county match for the project is $313,884.
COMMISSIONER HENNING: Okay.
MR. CURRY: The way the FAA generally operates is that we
pay and they reimburse as we go along through the project.
COMMISSIONER HENNING: We pay the total?
MR. CURRY: No, we don't pay the total. We -- once the project
is started, once a certain amount of work is done, then we request
reimbursement from the FAA periodically throughout the project.
COMMISSIONER HENNING: Okay. Well, how much would
it -- how much do we need to ask the County Manager to front the
project?
MR. CURRY: It's the $313,884.
COMMISSIONER HENNING: Okay. So that's what the motion
should be is not only accept the grant but direct the county --
CHAIRWOMAN HILLER: Who's the gentleman --
COMMISSIONER HENNING: Pardon me?
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September 24, 2013
CHAIRWOMAN HILLER: Who's the gentleman?
COMMISSIONER HENNING: That's Bob Tweedie.
CHAIRWOMAN HILLER: Oh --
COMMISSIONER HENNING: He's the Marco Island --
CHAIRWOMAN HILLER: Would you introduce yourself for
the record?
MR. TWEEDIE: For the record, Bob Tweedie, Marco Airport
Manager.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER FIALA: Could I just ask a question --
COMMISSIONER HENNING: No, you can't.
COMMISSIONER FIALA: -- on what you just said?
COMMISSIONER HENNING: I'm not done yet.
COMMISSIONER FIALA: Okay.
COMMISSIONER HENNING: And then the second thing. I
mean, I quickly glanced at the grant, which was not in our agenda
because we didn't get it until yesterday. I'd like to know if there's any
prohibition for the counties to do like CIE work and get reimbursed
for that work, construction, engineering and management.
MR. TWEEDIE: There is an allotment for what's called
administrative services reimbursement that's included within the
amount.
COMMISSIONER HENNING: Okay. That hopefully would cut
down our cost. Now, we're going to have to work with -- we have
plenty of CIEs that do projects, similar projects that are rote. And of
course you wouldn't want a novelist airplane -- somebody who owns
an airplane to do CIE work. But we have professionals to do that, that
kind of work. That could cut down our cost.
CHAIRWOMAN HILLER: Oh, very significantly. I think it's
essential that we do that on all these capital projects.
COMMISSIONER HENNING: Yeah, if we can.
CHAIRWOMAN HILLER: I think it's a very important
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September 24, 2013
recommendation.
Commissioner Fiala?
COMMISSIONER FIALA: Yes, I wanted to go back to the
original question. You said the amount was $627,768, and then with
the reimbursement of 313 from the state. So don't we really have to
advance the 627, understanding that we would get half of it back?
MR. OCHS: Yes, Commissioner. And I'd ask Mr. Isackson, I
believe he's here, just to take you through the budgeting process for
this. Because we have to establish the revenue budget for the entire
grant.
MR. ISACKSON: Yeah, there's always a chance that the state
won't pay. And that's really the bottom line. We want to make sure
you have -- the feds want to make sure that the total match is there. If
we get the 300,000 or so from the state, great. There's always a
chance can you're not going to get that money. That's why we're
putting the full amount of the match in the grant match fund.
COMMISSIONER HENNING: You're talking --
COMMISSIONER FIALA: Have they ever denied it?
COMMISSIONER HENNING: -- $1.6 million.
MR. ISACKSON: No, no, only the 627.
COMMISSIONER HENNING: Between the two.
MR. ISACKSON: Between the two.
MR.00HS: Yes.
CHAIRWOMAN HILLER: So how much between the two?
COMMISSIONER HENNING: $1.6 million.
CHAIRWOMAN HILLER: 1.6 --
COMMISSIONER HENNING: Unbudgeted monies.
CHAIRWOMAN HILLER: Okay. Is there a reason -- I mean,
and since I have all of you up there, between these two projects there's
1.6 million that was unbudgeted. Is there any reason that that was not
contemplated? I mean, that should have been included in the budget
we approved. Are we pulling this money out of reserves?
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September 24, 2013
MR. ISACKSON: This comes from general fund reserves, that's
correct.
CHAIRWOMAN HILLER: So Mr. Curry, can you explain why
you didn't contemplate that in the budget that -- hearings that we just
went through?
MR. CURRY: No, I cannot.
CHAIRWOMAN HILLER: Okay. You didn't anticipate that we
should set that aside in case we got approval for this?
MR. CURRY: Well, one of the things, we were not sure whether
we were going to meet the timeline for discretionary funding for the
FAA for this year. Fortunately we were. But the Airport Authority
does not have the money to fund a major project like this like we've
done for some of the smaller matching county funds.
CHAIRWOMAN HILLER: So basically what we're looking at,
Leo, is pulling 1.6 million out of reserves?
MR. OCHS: That's correct, Commissioner.
I will say, though, that any time we've received at least in the past
an FAA grant, the FDOT local match has always followed form.
CHAIRWOMAN HILLER: And we can talk to FDOT. I mean
MR. OCHS: Really, I think at the end of the day, though, you're
talking about --
CHAIRWOMAN HILLER: Half of that?
MR. OCHS: -- $800,000, give or take, from general fund
reserves.
CHAIRWOMAN HILLER: I would like to raise one concern,
really, that applies to both 14.A.3 and 14.A.4 and that is we have had
very serious problems in our application for grants from the federal
government. We -- and I'm speaking specifically to the beach
renourishment grants that we applied for.
And what happened was the feds, through their Inspector
General, I believe, came to the conclusion that the applications were
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September 24, 2013
based on incorrect or false -- I'm not sure how you want to label it --
underlying information. And as a consequence, the feds de- obligated
us to the tune of $11 million; in other words, pulled that money out of
our account, and then denied us an additional $9 million in funding.
And I believe that as a Board we need to be absolutely sure that
the underlying data that we provided that became the basis for the feds
to award this grant to us is in fact correct and true data. Because the
last thing I would like to see is us make these improvements and then
the feds come back and do to us what they did with respect to the
beach renourishment and that somehow we end up holding the bag for
what would amount to, you know, somewhere between 12 and $13
million. Or let's just round it and say $12 million.
So if we were to approve this, is there some way -- and I have to
look to the County Attorney and to the County Manager -- that you
can go back and somehow through some independent means get some
validation for the -- you know, with respect to the data and the
applications we've submitted? Because like I said, I would hate to see
us in the same position that we're currently facing on the beach
renourishment grant applications.
And quite frankly, I think in every instance that we do a grant
application, especially of this magnitude, we should have some sort of
CIE equivalent process for looking at the underlying data, you know,
for obvious reasons.
MR. KLATZKOW: Chris, when would you expect the monies
to be forwarded to the county, approximately?
MR. CURRY: I would probably say -- I would answer more to
say when do I think the project would start.
MR. KLATZKOW: Which would be when, sir?
MR. CURRY: Which would be in November. I will tell you that
the acceptance of this and the signature required is due back to the
FAA immediately.
MR. KLATZKOW: Commissioner, what we can do is we can
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execute the agreements -- well, we have to execute the agreements
today if you want the grant. And then you'll have a month or so to
either have the Clerk's staff look at this or Leo's staff look at this to see
if it raises any issues. And if it does --
CHAIRWOMAN HILLER: Just don't accept the money.
MR. KLATZKOW: -- don't accept the money.
CHAIRWOMAN HILLER: Okay. Well, that's a reasonable
approach.
I just again, with all these major grants, I just don't want to see us
go through what we went through on the beach renourishment
de- obligations and denials.
MR. OCHS: And that appeal is still active, ma'am.
CHAIRWOMAN HILLER: Yes. No, I understand. I
understand. But we've -- how many times have we --
MR. KLATZKOW: Ma'am, quite frankly, I think what happened
is FEMA ran out of money so they were looking for projects to deny.
And I think that's what's happening to the county.
CHAIRWOMAN HILLER: Well, we'll see. You know, boy, if
the Inspector General is trying to arbitrarily deny us -- I mean, I read
the response of the Inspector General and they clearly said there was a
commingling of, you know, general renourishment and storm
renourishment.
But that's not the topic. I mean, the only reason I brought that
example up was strictly because I think it is absolutely critical that
anything that we submit to the federal government or the state
government for that matter be validated for, you know, the truth of
what is being presented.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: Can we fulfill this project within a
year? I mean, someone said this morning that this had to be fulfilled
within a year.
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September 24, 2013
MR. CURRY: Absolutely.
CHAIRWOMAN HILLER: Okay. And that's doable?
COMMISSIONER HENNING: Well --
COMMISSIONER FIALA: It was this morning.
MR. CURRY: Leo?
MR. OCHS: I have no idea. I just got the job this morning.
CHAIRWOMAN HILLER: Well, Mr. Curry --
COMMISSIONER NANCE: You're not thinking of quitting, are
you?
CHAIRWOMAN HILLER: Mr. -- I'm sorry.
COMMISSIONER COYLE: Leo, you probably could get a
consultant to help you with this pretty quickly.
CHAIRWOMAN HILLER: Well, in the application -- I want to
know who recommended the year. Was it the feds who recommended
the year or did we recommend the year? Who recommended the
year?
MR. CURRY: Well, the grant is for the next fiscal year, so
ideally we need to start and finish the project within that fiscal year.
CHAIRWOMAN HILLER: Typically my understanding is you
don't have to start and finish it within the year, you just basically have
to contract. And I think Mr. Petty (sic) -- is it Petty.
COMMISSIONER HENNING: Bob Tweedie.
CHAIRWOMAN HILLER: Tweedie, Tweedie. I see you
nodding your head.
MR. TWEEDIE: Correct. You have to get it initiated within the
current year.
CHAIRWOMAN HILLER: Yeah, so it's initiated, not
completed.
MR. TWEEDIE: Correct.
CHAIRWOMAN HILLER: Thank you. And I wanted
clarification for the record on that. Because the initial statement that
was made, Mr. Curry, didn't seem to make sense.
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September 24, 2013
Thank you for that clarification.
All right, go ahead. We have a motion and a second. Is there
any further discussion?
(No response.)
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #14A4
THE CHAIRWOMAN TO EXECUTE A FEDERAL AVIATION
ADMINISTRATION (FAA) GRANT AGREEMENT NOT TO
EXCEED $6,754,362 FOR THE CONSTRUCTION PHASE OF
THE REHABILITATION OF RUNWAY 9 -27 AT THE
IMMOKALEE REGIONAL AIRPORT, AND APPROVE
ASSOCIATED BUDGET AMENDMENTS — APPROVED
MR. OCHS: Commissioners, 14.A.4 is a similar
recommendation to accept an executed grant with the FAA for
rehabilitation of Runway 9 -27 at the Immokalee Regional Airport and
approve associated budget amendments.
CHAIRWOMAN HILLER: I would like assurances of all the
same things. I want to make sure again that the underlying data is
validated, that, you know, it is deemed necessary based on, you know,
the facts as presented. And I also want assurances that this merely has
to be started within the year, not completed within the year.
COMMISSIONER HENNING: Why don't we ask -- Madam
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September 24, 2013
Chair, why don't we ask the Clerk to do that. I mean, they audited the
last two --
CHAIRWOMAN HILLER: Can you do that.
COMMISSIONER COYLE: That's right.
COMMISSIONER HENNING: May I finish?
They audited the last two -- well, actually, this would be a
pre- audit, would (sic) it? You don't want to do that, do you, Crystal?
You don't want a pre- audit, do you?
MS. KINZEL: Commissioner, we could take a look at the
application in conjunction maybe with the county staff and
compliance and meet and review the application, if that's your request.
CHAIRWOMAN HILLER: And that's part of it. The other part
is the data that is the basis for the approval. Which wouldn't be
something you could evaluate. You can evaluation compliance.
MS. KINZEL: No, we'd have to have certain expertise to assist
with that data.
CHAIRWOMAN HILLER: Leo can maybe find the experts who
can evaluate the validity of the underlying data. That's great. And
again, that we can merely commence it in the year, it doesn't have to
be completed in the year.
Yes, sir?
COMMISSIONER HENNING: Some of the users are telling me
that the runway is in great shape, it doesn't need to be done. However,
we went through this iteration for I think two meetings to where
FDOT came out there and said this runway needs to be replaced, okay.
So I'm basing my vote to approve based upon what the expert
says and not what common sense tells us.
CHAIRWOMAN HILLER: Except for the fact it's not a
question of whether or not the runway has to be replaced, the question
is to what degree and how. That's the issue. Because for example --
COMMISSIONER HENNING: That isn't what I heard.
CHAIRWOMAN HILLER: Yeah. I mean, decouple, couple,
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September 24, 2013
you know, so much, so wide. You know, should it be 50 percent of the
existing, 100 percent of the existing. Those are the issues, as I recall.
And I'm reaching back in my memory.
COMMISSIONER HENNING: Yeah. Well, I'm just -- based
upon some of the impact that I've heard.
However, we need to maintain traffic. That's part of -- on this
one, the Immokalee Airport, we're dealing with the runway, the
taxiway. So can traffic still be maintained while that's under
construction?
Gentlemen?
MR. CURRY: You want me to answer?
COMMISSIONER HENNING: Yeah.
MR. CURRY: Okay. It can be at Immokalee because you've got
two runways. And we'll simply close one runway -- or they will close
one runway and keep the other open.
COMMISSIONER HENNING: Okay.
COMMISSIONER FIALA: Marco has to be closed, though.
COMMISSIONER HENNING: Marco has to be closed?
CHAIRWOMAN HILLER: Does Marco have to be closed?
MR. CURRY: Marco will probably be closed anywhere from
two to three months.
CHAIRWOMAN HILLER: So we should --
COMMISSIONER HENNING: Well, wait a minute, wait a
minute. That isn't what the grant -- doesn't the grant call for, or was I
reading the wrong one? Are they two different? Do they recognize
that it's going to be closed?
MR. CURRY: They do.
COMMISSIONER HENNING: And the grant allows that to
happen? Because I didn't review them both.
Jeff, did you?
MR. KLATZKOW: No, I did not. Scott.
MR. TEACH: Scott Teach, Deputy County Attorney.
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September 24, 2013
They are identical grants, Commissioner.
COMMISSIONER HENNING: Okay. Well, the grant that I saw
this morning says you have to maintain traffic.
MR. TWEEDIE: Commissioner, any time a work is done with --
construction work is done within 200 feet of the center line of the
runway, the runway has to be closed.
requirements of the grant.
COMMISSIONER HENNING:
Mr. Tweedie?
That's per the safety
Okay, did you read the grant,
MR. TWEEDIE: Yes.
COMMISSIONER HENNING: Okay. And it does allow for
that then?
MR. TWEEDIE: Yes, it's allowed. It's required for safety.
COMMISSIONER HENNING: Yeah, I would think it's
common sense.
MR. TWEEDIE: Right. It's part of the construction phasing.
COMMISSIONER HENNING: However, my quick read 10
minutes ago of the 20 -page grant or 22 -page grant says you have to
maintain traffic. And I'll -- if I have any questions, I'll ask further.
Thank you.
COMMISSIONER NANCE: Maybe that's hot paving,
Commissioner Henning.
COMMISSIONER HENNING: I have no idea. You know, it's
just -- doesn't make sense. You have to -- how are you going to
maintain traffic on a runway that you're going to redo?
CHAIRWOMAN HILLER: Well, if any closure is required, we
need to make sure that everything is coordinated in a way that we
keep it open during season, you know, work on it when traffic is low,
if any of that becomes an issue. And obviously we'll leave that up to
staff and, you know, the appropriate project management approach.
We have a motion?
COMMISSIONER HENNING: Yeah, I'm going to make a
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September 24, 2013
motion to accept the grant and direct the County Attorney to make the
-- County Manager to make the appropriate budget amendments for
the Board's future consideration.
CHAIRWOMAN HILLER: Along with, you know, looking at
the underlying data and the CIEs and so forth.
COMMISSIONER HENNING: Yeah.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Any opposed?
(No response.)
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Commissioners, that takes you to I believe Item 15,
staff and general communications.
CHAIRWOMAN HILLER: I just want you to know,
Commissioner Coyle told me that he had to leave by 4:30, so we have
to stay here 'til 4:30. Because otherwise I wouldn't be fulfilling my
promise to him, that he would be out of here at 4:30, right?
COMMISSIONER COYLE: That's right.
CHAIRWOMAN HILLER: Leo?
COMMISSIONER HENNING: Who's first?
CHAIRWOMAN HILLER: Leo is first.
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September 24, 2013
MR. OCHS: Okay, okay. Let's just start with a quick reminder,
this is your upcoming workshop agenda schedule. Note that October's
workshop is next Tuesday, October the 1 st. Your read -ahead material
should be waiting for you when you get back into your offices for that
one.
Also, Commissioners, I sent you all a quick memorandum late
last week trying to provide a bit of updated information on a few items
relative to your truck haul beach renourishment project. None of
those require formal action from the Board today, but I did want to
make you aware that we're still waiting for the permit to be issued
from the state. That is pending the final appeal window that is set to
expire here on 9/27 from the citizen that had appealed the issuance of
that permit.
That may cause us, depending on when the permit actually is in
our hands, to come back and adjust the schedule on the project based
on the specifications. And the project schedule that was specified in
the original contract did not contemplate a third level of appeal and
review.
CHAIRWOMAN HILLER: Will this be the final?
MR. OCHS: It's my understanding that --
CHAIRWOMAN HILLER: Jeff.
MR. OCHS: -- this is the third administrative appeal.
CHAIRWOMAN HILLER: Right, if this appeal -- does the law
allow for a fourth appeal?
MR. KLATZKOW: The law -- there is no minimum number of
times that --
CHAIRWOMAN HILLER: You can re- appeal?
MR. KLATZKOW: -- that the state can grant you leave to
amend. My understanding is, though, this will be it.
CHAIRWOMAN HILLER: Understood.
COMMISSIONER FIALA: Can I ask also, Leo, are they still
making the sand and stockpiling it?
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September 24, 2013
MR. OCHS: I believe they are at the mines, yes, ma'am.
COMMISSIONER FIALA: Right, okay.
CHAIRWOMAN HILLER: I think what's important to let the
public know is there being a lot of questions if we're going north to
south, south to north, and I think the County Manager has done a great
job in splitting the baby by saying both north and south are going to be
started concurrently so the two projects are going to run tandem,
which is very positive. So, you know, neither end of the county will
have a problem.
MR. OCHS: That is correct, Commissioner, thank you.
And also, speaking of haul routes, I did report in the memo that
we had very productive discussions, Mr. Casalanguida and I, with our
counterparts in Lee County. County Manager, Roger Desjarlais, and
his transportation staff worked well with us I think to avoid large
costly change orders in routes and we are able to work cooperatively
with the Lee County Commission --
CHAIRWOMAN HILLER: Very much so.
MR. OCHS: -- and we're appreciative of the considerations
they've given us, and we think we'll be able to maintain our original
route schedule. And that's the most efficient route for Collier County.
We are going to work with them to make sure that we're in
constant communication. We have a website, a hotline that we will
coordinate with them for their citizens to call if they have any
questions or concerns about truck traffic on Corkscrew Road. We're
also -- have agreed to work with Lee County FDOT and also the Lee
County Sheriffs Office to make sure that at least once a week we're
on -site monitoring the impact of the truck traffic along Corkscrew
Road.
And finally, we have agreed to work with their staff to document
the before condition on Corkscrew Road. And if there is any repairs
needed above and beyond normal wear and tear that we can document,
where directly related to impacts from the truck haul, we would come
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September 24, 2013
back to the Board and make some recommendations on how we could
assist them to keep their road in a proper condition.
CHAIRWOMAN HILLER: And for my part, I've been in
communication with Commissioner Kiker and, you know, been
keeping the relationship at the board level positive. And we have an
open line of communications and everybody is working, you know, in
the most positive way from a regional level.
MR. OCHS: So that's my abbreviated update there on the truck
haul issue.
I also sent you a brief email earlier in the -- or last week late, just
trying to provide some assurance to the Board that the staff both
internally and collaboratively with our external partners in Collier
County are working in tandem to make sure that we're responsive to
all of the flooding conditions as the rainfall continues. And I think we
have a good tactical plan, a good operational plan, a good
communications plan, and we continue to execute that.
CHAIRWOMAN HILLER: I think the coordination between the
Water Management District and the county and, you know, the
various CDD's out there has all been very positive. And the updates
that you're providing us, Mr. Casalanguida, I think is critical. If you
could keep us apprised, it will also keep -- you know, it's a means of
also keeping the press apprised of the real facts.
I think going through this very difficult rainy season, it's
important that everyone has the real information. So if you could keep
that up, that would be very positive.
MR. OCHS: Anything else?
MR. CASALANGUIDA: No, that's it.
MR. OCHS: Then finally, Commissioners, I just -- I would be
remiss, based on the discussion this morning, if I didn't also just say
for the record how much I've enjoyed working with Mr. Curry. I hold
him in high personal and professional regard, and I'm sure he'll be
working with us right 'til his last day to make sure that whatever
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September 24, 2013
transaction needs to occur will get done correctly. That's all I have,
Commissioners.
CHAIRWOMAN HILLER: Thank you.
MR. KLATZKOW: Nothing.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: Time to go.
CHAIRWOMAN HILLER: No, we've got to stay here 'til 4:30.
I promised you I wouldn't -- you said you wanted to leave at -- did you
say at?
COMMISSIONER COYLE: You are welcome to stay here as
long as you wish.
CHAIRWOMAN HILLER: I'm not staying here if you're not
staying here. Whenever you go, I go.
Go ahead, Commissioner Fiala.
COMMISSIONER FIALA: Yes, I just have a suggestion. And I
was envisioning myself sitting in the audience when different -- you
know, as a person who had to give us a presentation about something
they felt strongly about. And my feeling is if we make a motion
before they ever get up, they're going to feel like they don't have any
input or any -- you know, like we're not reacting to them.
Now, even though Commissioner Nance -- I mean, we did this a
number of times today. Even they he made the motion they wanted to
hear, still, I think that they would like to hear that it was they that
helped make the decision rather than us making motions and so forth
before anybody even has a chance to speak.
That's just my own feeling, but you might want to consider that.
CHAIRWOMAN HILLER: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Thank you. Well run meeting.
CHAIRWOMAN HILLER: Huh?
COMMISSIONER HENNING: You did a great job running this
meeting. I mean, we had a lot of very hot topics and you -- we got
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September 24, 2013
through them. So thank you.
CHAIRWOMAN HILLER: Thank you.
COMMISSIONER HENNING: I do want to say that one of the
public speakers misquoted what I said at the end of the last meeting.
What I did state is none of the environmental communities objected to
our permit to renourish the beaches. Plain and simple. But, you
know, we're going to have to deal with this over and over again and
it's just the way it is.
The second thing, the Board directed to bring back a contract for
Dr. Tober's medical. I talk -- when I spoke to him yesterday, he said
nobody from the county has contacted him.
CHAIRWOMAN HILLER: That's not true. The County
Attorney actually is working with his attorneys, and the County
Attorney has done research and has prepared two drafts already and
we're on the third iteration, which I believe will be the last iteration to
go back to them.
COMMISSIONER HENNING: You've presented Dr. Tober's --
CHAIRWOMAN HILLER: We're going through the internal
drafts. And he has -- the County Attorney has advised that.
COMMISSIONER HENNING: Jeff, have you submitted drafts
to Dr. Tober's legal staff?
CHAIRWOMAN HILLER: There are no drafts to be submitted.
We are working on the drafts. We're on the third draft. The first draft
was a consolidation of all the contracts, the second --
COMMISSIONER HENNING: We need to get that back the
next meeting. Because it's -- the contract is expiring and it needs to
come back the next meeting for the Board's consideration. Bottom
line.
CHAIRWOMAN HILLER: Can you address that? Because the
communications I believe that the County Attorney has had from -- at
least what he's told me -- with Dr. Tober's counsel wasn't quite along
those lines.
September 24, 2013
But go ahead, Jeff.
MR. KLATZKOW: Well, maybe you and I aren't on the same
page, and if that's the case, I apologize. I have not been in contact
with Dr. Tober's attorney.
CHAIRWOMAN HILLER: Oh, I thought you were.
MR. KLATZKOW: No.
CHAIRWOMAN HILLER: I misunderstood. I thought you had
spoken to him and let him know all along exactly what we were doing
and that there was --
MS. HECKER: So what's the hang -up?
CHAIRWOMAN HILLER: There's no hang -up, it's just work in
progress. I mean, it's an entirely new contract.
COMMISSIONER COYLE: Can we see the contract draft at
least? You know, if we --
CHAIRWOMAN HILLER: Well, absolutely. I mean, the
contract draft as you have it has to be modified. But you can present
MR. KLATZKOW: Well, I could send the draft to Dr. Tober's
attorney, if you'd like, and then it will be a back and forth anyway.
CHAIRWOMAN HILLER: Yeah. I'd like my comments
incorporated to that draft before you send it, because that one has stuff
that doesn't quite work for our county.
MR. KLATZKOW: Okay.
COMMISSIONER HENNING: Okay. So we're going to get it
on the next agenda?
CHAIRWOMAN HILLER: We can.
COMMISSIONER HENNING: Pardon me?
CHAIRWOMAN HILLER: Jeff?
COMMISSIONER HENNING: It's not a problem?
CHAIRWOMAN HILLER: Jeff?
MR. KLATZKOW: We'll try.
COMMISSIONER HENNING: That should be direction.
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September 24, 2013
Again, that contract is expiring and it will expire by the time our next
agenda.
MR. KLATZKOW: Well, the contract doesn't expire, it was an
evergreen contract. We're trying to get him a new contract.
COMMISSIONER HENNING: It's not evergreen contract.
Because it went out to bid.
COMMISSIONER COYLE: The fact of the matter is I believe
that Dr. Tober's contract has been automatically extended for an
additional year.
CHAIRWOMAN HILLER: Right.
COMMISSIONER COYLE: So his contract won't expire 'til
next year at about this time, because no contract -- no new contract
has been negotiated.
CHAIRWOMAN HILLER: No, no, that isn't the case.
COMMISSIONER COYLE: Well, it is the case. But you're
going to find that out whenever you get his lawyer involved in this
process. So you've got a problem that is created because of a failure to
act in an expeditious manner.
CHAIRWOMAN HILLER: That's not true.
MR. KLATZKOW: Well, no, because that contract has a
termination provision at any time by the Board.
CHAIRWOMAN HILLER: Absolutely.
MR. KLATZKOW: So any time that there's a new contract that's
been agreed upon --
COMMISSIONER COYLE: Yeah, new contract agreed upon.
Now, where were /are you in that process?
MR. KLATZKOW: We're in the process.
COMMISSIONER COYLE: Yeah, okay.
CHAIRWOMAN HILLER: Anything else?
COMMISSIONER HENNING: Yeah. Okay, I'm looking
forward to seeing it. If I don't, then I'll take action to bring it to the
Board.
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September 24, 2013
MR. KLATZKOW: Yes, sir.
CHAIRWOMAN HILLER: That's fine.
COMMISSIONER HENNING: The last thing is on the
consortium, county staff, I'm so impressed with Leo's staff staying on
top of what's going on out there. Deb White and Bill Lorenz is -- and
well, Jerry Kurtz. There's -- they have so much that they are going to
submit for the Board's consideration. Deb is keeping track of what's
happening in the courts in the settlement. And we're all going to
comment on the draft treasury rules to see, make sure it fits the best
that we can for Collier County's submission of projects and funding.
COMMISSIONER FIALA: You're talking about the Restore Act
from the oil spill?
COMMISSIONER HENNING: Yes.
COMMISSIONER FIALA: Just so that the audience knows
what we're talking about.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes, I'd like to make comments on
three individual things.
Number one, I received many, many calls regarding this
development with the Southwest Florida Research and Education
Center in Davie. At each meeting for the next interval of time I'll
update the Board fully.
I'm trying to assess right now what the attitude of industry is to
try to fully understand what the University of Florida is planning.
And I plan to continue to talk to them about that in an informational
way.
I appreciate and I think it's a very good action by the Board to
send this letter of concern and open formal communications with
them, and I will definitely be filling you in, if not at the Board
meetings, with one -way communications as I learn things, understand
what the circumstance is.
Second thing is, there was been some discussion on the sand haul
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September 24, 2013
and everything, and it came to my attention through individuals that I
know that have homes and residences in the Panhandle that some of
the major concerns that they've had up there is always regarding the
quality of sands that they receive on their beaches.
And of course since we know that Florida is made up of marine
sands, it's been suggested to me by a number of people that have been
pretty active in sand from the center part of the state being placed on
the beach, that it's very likely that our beach visitors and our property
owners and our full -time residents are going to be very, very happy
with the quality of the sand that they're going to receive compared to
sands that they're used to receiving from dredging. In other words,
these sands have different particle characteristics, they have different
-- a little bit brighter colors, they have good luminosity. And these are
all the things that people in the Panhandle is on the top of their list
when they get ready to do this. So I'm hoping that that's one of the
little silver linings that we may accrue because of that.
Finally, I said that I was going to make some statements about a
couple of things on the consent agenda, just for the benefit of the
public and some of the people that might be watching our meeting. I
think there's several wonderful things.
One of them is I would like to really commend staff for their
efforts to improve our bidding process. There was a couple of
different agenda items in the consent agenda where we had 10 or more
bidders. I think that's absolutely outstanding. One of them in
particular was an example of our staff doing vendor outreach.
And what they did was they kind of restructured some of the
requests for proposals on our landscape maintenance to qualify more
people. I think that's very, very good. In the end I think it's going to
result in substantial savings to us and much better response in our
bidding.
Finally, since water is on everybody's mind, I would just like to
point out two wonderful things in our consent agenda that happened
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September 24, 2013
regarding water management. One of them was the partnership --
actually both of them are having to do with our wonderful, very good
functioning relationship with South Florida Water Management
District and the Basin. One of which was an agenda item involving
the installation of 42 culverts out in Northern Golden Gate Estates to
kind of reestablish a flow way and let water seek its own level out
there. Which is a direct benefit to the Naples Bay initiative. Which
means that everything we do out there impacts what happens to
Naples Bay. That's a win/win for everybody. And it was a 50 percent
cost sharing with the district.
Secondly has to do with irrigation quality water, something we're
going to be talking about on our October 1 st workshop, and that is
another cost share with South Florida Water Management District
with Dr. George's program for aquifer storage and recovery wells.
Each one of these wells that we put in, although they cost around
$2 million, allows us to store 1.5 million gallons a day of water.
Exactly the type of water that Commissioner Coyle was mentioning
early. And that right there was a $600,000 cost share with the District.
So these are fabulous things. All of that's helping our overall
water management and all those examples of our staff doing superior
work. So my congratulations. I just thought I'd mention that, because
I thought they were particular happy news and good things.
CHAIRWOMAN HILLER: They really are.
MR. OCHS: Yeah, thank you, Commissioner.
CHAIRWOMAN HILLER: And actually the last -- the consent
agenda two weeks ago was equally successful, so it's really great.
I just have one comment. I want to know who the guy is,
Aisling. I've got you on the job, okay? Yankees baseball cap,
Yankees shirt, who targeted me and who missed by a hair each time,
which I take to mean that he really is like phenomenal. And that I
owe him. Even though I said I prefer the Red Socks, and that in the
winter season when the Red Socks go in hibernation, the Bruins. But
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September 24, 2013
nonetheless, track him down, Aisling. That's your mission, should
you choose to accept.
And with that, I make a motion to adjourn.
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: Meeting adjourned.
* * * **
* * ** Commissioner Hiller moved, seconded by Commissioner
Henning and carried unanimously that the following items under the
Consent Agenda be approved as amended * * * *
Item # 16A 1
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
( "SFWMD ") AGREEMENT NO. 4600002912 AND AUTHORIZE
ANY NECESSARY BUDGET AMENDMENTS TO RECOGNIZE
GRANT FUNDING IN THE AMOUNT OF $575,000 FOR THE
CONSTRUCTION OF THE 28TH AVE SE BRIDGE
REPLACEMENT, PROJECT #60123 — FOR THE REPLACEMENT
OF CULVER CONNECTION ACROSS MILLER CANAL
Item #I 6A2
RECORDING THE FINAL PLAT OF RIVERSTONE - PLAT FIVE
(PPL- PL20130000785), APPROVAL OF THE STANDARD FORM
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September 24, 2013
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY — W /STIPULATIONS
Item #I 6A3
RECORDING THE FINAL PLAT OF ISLES OF COLLIER
PRESERVE PHASE 1, (PPLA20130001181) APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY — W /STIPULATIONS
Item #I 6A4
RECORDING THE FINAL PLAT OF GRAEVE SUBDIVISION,
APPLICATION NUMBER FP- PL20130001133 — LOCATED IN
SECTION 9, TOWNSHIP 49 SOUTH, RANGE 26 EAST
Item #I 6A5
THE RELEASE OF TWO LIENS WITH A COMBINED VALUE
OF $90,336.09 FOR PAYMENT OF $1,986.099 IN THE CODE
ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY
COMMISSIONERS VS. JENNIFER DEFRANCESCO, CODE
ENFORCEMENT CASE NUMBERS CEV20090002773 AND
CESD20090003060, RELATING TO PROPERTY LOCATED AT
4302 ROSE AVENUE, COLLIER COUNTY, FLORIDA — FOR
1,405 DAYS OF NON - COMPLIANCE PERTAINING TO AN
UNLICENSED AND INOPERABLE VEHICLE ON
RESIDENTIAL ZONED PROPERTY THAT WAS BROUGHT
INTO COMPLIANCE ON MARCH 15, 2013
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September 24, 2013
Item #16A6
THE RELEASE OF LIEN IN THE AMOUNT OF $95,080 FOR
PAYMENT OF $20,5801) IN THE CODE ENFORCEMENT
ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS
VS. ARNOLDO AND DAISY DE LA CRUZ, CODE
ENFORCEMENT CASE NUMBER CESD20120000335,
RELATING TO PROPERTY LOCATED AT 3770 47 AVENUE
NE, COLLIER COUNTY, FLORIDA — FOR 380 DAY OF NON-
COMPLIANCE FOR A GARAGE ENCLOSURE, ELEVATED
DECK, SHED AND FENCE WITHOUT A PERMIT THAT WAS
BROUGHT INTO COMPLIANCE ON JUNE 10, 2013
Item #I 6A7
THE RELEASE OF LIEN IN THE AMOUNT OF $87,400 FOR
PAYMENT OF $611.729 IN THE CODE ENFORCEMENT
ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS
VS. JOSE L. PEREZ AND ISABEL PEREZ, CODE
ENFORCEMENT CASE NUMBERS CESD20100008561 AND
CESD20120006147, RELATING TO PROPERTY LOCATED AT
110 WILSON BOULEVARD SOUTH, COLLIER COUNTY,
FLORIDA — FOR 376 DAYS OF NON - COMPLIANCE
PERTAINING TO A POOL AND POOL SCREEN CAGE
ENCLOSURE WITHOUT PERMITS AND CERTIFICATE OF
COMPLETION THAT WAS BROUGHT INTO COMPLIANCE ON
JULY 3, 2013
Item #16A8
OFFER 10 ACRES OF SURPLUS, LAND - LOCKED, COUNTY -
OWNED, VACANT LAND FOR SALE IN ACCORDANCE WITH
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September 24, 2013
FLORIDA STATUTES SECTION 125.35 AND ACCEPT BIDS
THEREFOR. (FISCAL IMPACT: TWO SEPARATE
ADVERTISEMENTS NOT TO EXCEED $1,000 TOTAL) — THE
PROPERTY WAS USED AS A FILL SOURCE FOR THE
PROJECT ON DAVIS BLVD /SR -84 BY FDOT AND NOW FULL
OF WATER; THE COUNTY HAS NEVER HAD A USE FOR THIS
PROPERTY AND NOW WISHES TO SELL THE PROPERTY
Item #I 6A9
AWARDING THE REQUEST FOR PROPOSAL (RFP) #13 -6062S
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
VENDORS TO MULTIPLE AWARDEES TO CATEGORY I:
LANDSCAPE AND IRRIGATION MAINTENANCE AND
CATEGORY IA: BASIC LANDSCAPE SERVICES TO
AFFORDABLE LANDSCAPING SERVICE & DESIGN, LLC;
SUPERIOR LANDSCAPING & LAWN SERVICE INC.; AND
CARIBBEAN LAWN & GARDEN OF SW NAPLES FL INC.;
AND AUTHORIZES THE CHAIRWOMAN TO SIGN
STANDARD SERVICES CONTRACTS ON BEHALF OF THE
BOARD AND APPROVE THE EXTENSION OF CONTRACT
#09 -5239 TO DECEMBER 31, 2013 — WITH THE
COMMENCEMENT DATE OF OCTOBER 1, 2013 FOR
CONTRACT #13 -6062S
Item #16A10
THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND THE AMOUNT OF THE
SECURITY FOR ROAD AND UTILITY IMPROVEMENTS
REQUIRED BY THE BENT CREEK PRESERVE DEVELOPER
CONTRIBUTION AGREEMENT - W /STIPULATIONS
Page 217
September 24, 2013
Item # 16A 11
ACCEPTING A MULTI -WAY STOP WARRANT STUDY AND
APPROVE THE INSTALLATION AND OPERATION OF A 4-
WAY STOP CONTROL AT THE INTERSECTION OF SUNSET
ROAD AND 19TH AVENUE SW /45TH STREET SW IN GOLDEN
GATE CITY, AT AN INSTALLATION COST OF
APPROXIMATELY $600 (TRAFFIC OPERATIONS COST
CENTER 163630) — IN ORDER TO REGULATE, WARN OR
GUIDE TRAFFIC
Item #16Al2
CONTRACT NO. 4600002932 WITH THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT IN THE AMOUNT OF
$290,500 PROVIDING FUNDING ASSISTANCE FOR
INSTALLATION OF 42 CULVERTS AS PART OF THE NORTH
GOLDEN GATE ESTATES FLOWWAY RESTORATION
PROJECT, PROJECT NO. 60127 — LOCATED WITHIN A 34-
SOUARE MILE AREA OF NORTH GOLDEN GATE ESTATES
Item #16A13
CHANGE ORDER NO.4 FOR ZERO DOLLARS TO CONTRACT
NO. 12 -582OR WITH ZEP CONSTRUCTION, INC. TO
COMPLETE THE WHITE BLVD. BRIDGE REPLACEMENT
PROJECT (PROJECT NO. 66066) — THE BRIDGE PROJECT WAS
COMPLETED ON AUGUST 19, 2013
Item #I 6A 14
Page 218
September 24, 2013
AWARDING INVITATION TO BID (ITB) NO. 13 -6155 FOR THE
DREDGING OF DOCTORS PASS TO ORION MARINE
CONSTRUCTION, INC. IN THE AMOUNT OF $733,078.77;
AUTHORIZE THE CHAIRWOMAN TO EXECUTE A COUNTY
ATTORNEY APPROVED CONTRACT; MAKE A FINDING
THAT THIS ITEM PROMOTES TOURISM; AND APPROVE ALL
NECESSARY BUDGET AMENDMENTS; PROJECT #90549 —
WITH THE DREDGING AND SAND PLACEMENT AT THIS
LOCATION MUST BE COMPLETED BY NOVEMBER 15, 2013
Item #1 6B 1
THE COMMUNITY REDEVELOPMENT AGENCY (CRA)
APPROVING THE CRA STAFF'S ATTENDANCE AT FLORIDA
REDEVELOPMENT ASSOCIATION 2013 ANNUAL
CONFERENCE; AUTHORIZING PAYMENT OF ATTENDEE'S
REGISTRATION, LODGING, TRAVEL AND PER DIEM FROM
THE BAYSHORE GATEWAY TRIANGLE TRUST FUND (FUND
187) TRAVEL BUDGET; AND DECLARING THE TRAINING
RECEIVED AS SERVING A VALID PUBLIC PURPOSE —
WHICH WILL BE HELD FROM OCTOBER 30, 2013 THROUGH
NOVEMBER 1, 2013
Item # 16C 1
RESOLUTION 2013 -205: THE ANNUAL RATE RESOLUTION
TO ESTABLISH THE FEES, RATES, AND CHARGES FOR THE
USE OF COLLIER COUNTY SOLID WASTE FACILITIES,
INCLUDING LANDFILL TIPPING FEES, RECYCLING DROP -
OFF CENTER FEES, AND RESIDENTIAL MULTI- FAMILY AND
COMMERCIAL WASTE COLLECTION FEES FOR FY 14.
THERE ARE NO INCREASES PROPOSED TO EXISTING
Page 219
September 24, 2013
TIPPING FEES, BASIC RESIDENTIAL COLLECTION
ASSESSMENTS, RECYCLE DROP -OFF CENTER CHARGES OR
LANDFILL TIPPING FEES. THIS RESOLUTION ADOPTS THE
RATES THAT FUND THE FY 14 BUDGET FOR SOLID WASTE
COLLECTION AND DISPOSAL
Item #I 6C2
ACCEPTING FUNDING AGREEMENT NO. 4600002929 WITH
THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO
PROVIDE FUNDING IN THE AMOUNT OF $600,000 FOR THE
IRRIGATION QUALITY WATER AQUIFER STORAGE AND
RECOVERY WELL #2, PROJECT #74030 — LOCATED AT
LIVINGSTON ROAD
Item #16C3 — Continued to the October 8, 2013 BCC Meeting
(Per Commissioner Hiller during Agenda Changes)
RECOMMENDATION TO: A) ACCEPT THE UTILITY
RELOCATION BID AMOUNT OF $4,655,380 FROM THE
FLORIDA DEPARTMENT OF TRANSPORTATION; B) DIRECT
STAFF TO SEND A LETTER TO THE FLORIDA DEPARTMENT
OF TRANSPORTATION STATING THAT THE ADDITIONAL
MONEY IS ON DEPOSIT AND AVAILABLE TO COVER THE
SELECTED LOW BID; C) PROVIDE $703,692.60 INTO A
FLORIDA DEPARTMENT OF TRANSPORTATION INTEREST
BEARING ESCROW ACCOUNT; AND, D) AUTHORIZE THE
NECESSARY BUDGET AMENDMENT IN THE AMOUNT OF
$4089114 FOR THE FLORIDA DEPARTMENT OF
TRANSPORTATION PROJECT TO WIDEN U.S. 41 (TAMIAMI
TRAIL EAST) BETWEEN COUNTY ROAD 951 (COLLIER
BOULEVARD) AND GREENWAY ROAD; AND E) APPROVE A
Page 220
September 24, 2013
RESOLUTION ACCEPTING THE UTILITY RELOCATION BID
AMOUNT AND GOING FORWARD WITH THE PROJECT
Item #16D1
A STANDARD DONATION AGREEMENT THAT ALLOWS
LYNX ZUCKERMAN AT NAPLES, LLC TO DONATE TWO
ADJACENT PARCELS TOTALING FIVE ACRES ALONG WITH
A MANAGEMENT ENDOWMENT OF $16,683 TO THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM
UNDER THE OFFSITE VEGETATION RETENTION PROVISION
OF THE LAND DEVELOPMENT CODE LDC SEC
3.05.07H. 1 .F.III.B), AT NO COST TO THE COUNTY, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE DONATION
AGREEMENT AND STAFF TO TAKE ALL NECESSARY
ACTIONS TO CLOSE. (THIS ITEM IS A COMPANION TO
ITEM 17B) — LOCATED WEST OF THE CONSERVATION
COLLIER PANTHER WALK PRESERVE
Item #16D2
THREE (3) SATISFACTIONS OF MORTGAGE FOR STATE
HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) IN
ACCORDANCE WITH THE BOARD'S SHORT SALE POLICY,
ACCEPTING $4,243. 10 TO SATISFY THE TOTAL VALUE OF
THE INITIAL MORTGAGE ($64,885) — IN AN EFFORT TO
FACILITATE A SHORT SALE
Item #16D3
FOUR (4) MORTGAGE SATISFACTIONS FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN IN THE
Page 221
September 24, 2013
COMBINED AMOUNT OF $16,760 — FOR REPAYMENT IN
FULL
Item #16D4
TERMINATION OF A SUBRECIPIENT AGREEMENT
BETWEEN THE CITY OF NAPLES AND COLLIER COUNTY
AND TO FACILITATE THE REPROGRAMMING OF A NEWLY
PROPOSED HUD COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROJECT AND SUBRECIPIENT AGREEMENT
BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES.
CDBG GRANT FUNDS IN THE AMOUNT OF $105,835 ARE
AVAILABLE WITHIN HOUSING GRANT FUND (705),
PROJECT (33236) — PROVIDING A WHEELCHAIR
ACCESSIBLE PLAYGROUND FOR THE CITIZENS OF
COLLIER COUNTY
Item #16D5
THE BYLAWS FOR THE PUBLIC TRANSIT AD HOC
ADVISORY COMMITTEE — WHICH IS SCHEDULED TO
EXPIRE ON JULY 1 , 6 2014
Item #16D6
RESOLUTION 2013-206: APPROVE A RESOLUTION
SUPERSEDING RESOLUTION NO. 2009-233 TO ADOPT THE
COLLIER AREA TRANSIT PUBLIC PARTICIPATION PLAN
Item #16D7 — Withdrawn (Per Agenda Change Sheet)
Page 222
September 24, 2013
COMBINED AMOUNT OF $169760 — FOR REPAYMENT IN
FULL
Item #I 6D4
TERMINATION OF A SUBRECIPIENT AGREEMENT
BETWEEN THE CITY OF NAPLES AND COLLIER COUNTY
AND TO FACILITATE THE REPROGRAMMING OF A NEWLY
PROPOSED HUD COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROJECT AND SUBRECIPIENT AGREEMENT
BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES.
CDBG GRANT FUNDS IN THE AMOUNT OF $105,835 ARE
AVAILABLE WITHIN HOUSING GRANT FUND (705),
PROJECT (33236) — PROVIDING A WHEELCHAIR
ACCESSIBLE PLAYGROUND FOR THE CITIZENS OF
COLLIER COUNTY
Item #16D5
THE BYLAWS FOR THE PUBLIC TRANSIT AD HOC
ADVISORY COMMITTEE — WHICH IS SCHEDULED TO
EXPIRE ON JULY 1, 6 2014
Item #I 6D6
RESOLUTION 2013 -206: APPROVE A RESOLUTION
SUPERSEDING RESOLUTION NO. 2009-233 TO ADOPT THE
COLLIER AREA TRANSIT PUBLIC PARTICIPATION PLAN
Item #16D7 — Withdrawn (Per Agenda Change Sheet)
Page 222
September 24, 2013
RECOMMENDATION TO APPROVE THE RIVERS ROAD
PRESERVE FINAL MANAGEMENT PLAN UNDER THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM —
THE PLAN INCLUDES ACTIVITIES NECESSARY TO
PRESERVE, ENHANCE, RESTORE, MAINTAIN AND
MONITOR THE PROPERTY
Item #16D8
AN AMENDMENT TO THE SUBRECIPIENT AGREEMENT
WITH HABITAT FOR HUMANITY OF COLLIER COUNTY,
INC. FOR THE FY2010 -2013 U.S. HOUSING AND URBAN
DEVELOPMENT (HUD) COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDS — EXTENDING THE
AGREEMENT END DATE TO DECEMBER 31, 2013 TO
CONTINUE ASSISTING LOW TO MODERATE INCOME
HOUSEHOLDS
Item #I 6D9
THE FIRST EXTENSION OF THE INTERIM MANAGEMENT
PLAN FOR THE CONSERVATION COLLIER MCILVANE
MARSH PROPERTIES — THROUGH 2015
Item # 16D 10
AN AFTER -THE -FACT AMENDMENT TO THE OLDER
AMERICANS ACT PROGRAM AGREEMENT AND
CORRESPONDING BUDGET AMENDMENTS TO REFLECT
INCREASED GRANT FUNDING IN THE AMOUNT OF $91,529;
FROM THE AREA AGENCY ON AGING OF SOUTHWEST
FLORIDA, INC., D/B /A SENIOR CHOICES OF SOUTHWEST
Page 223
September 24, 2013
FLORIDA (SENIOR CHOICES). (NET FISCAL IMPACT
$101,698.88) — TO CONTINUE THE PROVISION OF MEALS
AND OTHER SUPPORT SERVICES TO QUALIFIED COLLIER
COUNTY SENIORS
Item # 16D 11
AFTER THE FACT AMENDMENTS FOR THE FYI 3-14 STATE
GENERAL REVENUE SENIORS PROGRAM AGREEMENTS
FROM THE AREA AGENCY ON AGING FOR SOUTHWEST
FLORIDA, INC. DB /A SENIOR CHOICES OF SOUTHWEST
FLORIDA, AND CORRESPONDING BUDGET AMENDMENTS
WHICH REFLECT INCREASED FUNDING AND ADDITIONS
REGARDING FLORIDA STATUE COMPLIANCE (NET FISCAL
IMPACT $43,105) — TO CONTINUE PROVIDING
UNINTERRUPTED SUPPORT SERVICES TO COLLIER
COUNTY SERVICES FOR SENIORS THAT ARE FRAIL,
ELDERLY CLIENTS
Item #I 6D 12
A BUDGET AMENDMENT RECOGNIZING $1,715.08 OF
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)
INTEREST INCOME AND CARRY FORWARD FROM FISCAL
YEAR 2010/2011
Item #16D13
APPROVE THE SECOND AMENDMENT TO AGREEMENT
WITH DAVID LAWRENCE MENTAL HEALTH CENTER, INC.
(DLC) FOR SUBSTANCE ABUSE AND MENTAL HEALTH
SERVICES, WHICH WILL REALLOCATE SPECIFIC PROGRAM
Page 224
September 24, 2013
AREA FUNDING BUDGET ALLOCATION AMOUNTS. (NO
FISCAL IMPACT)
Item #I 6D 14
TO AUTHORIZE THE COUNTY MANAGER TO SIGN AND
SUBMIT THE FLORIDA RECREATION DEVELOPMENT
ASSISTANCE PROGRAM GRANT APPLICATION IN THE
AMOUNT OF $1209000 FOR IMPROVEMENTS TO EAST
NAPLES COMMUNITY PARK VELOCITY SKATE PARK
Item #I 6D 15
RESOLUTION 2013 -207: PROVIDING AFTER THE FACT
APPROVAL FOR THE SUBMITTAL OF SHIRLEY CONROY
RURAL AREA CAPITAL EQUIPMENT SUPPORT GRANT IN
THE AMOUNT $192,250 TO THE FLORIDA COMMISSION FOR
THE TRANSPORTATION DISADVANTAGED FOR THE
PROCUREMENT OF TWO REPLACEMENT PARATRANSIT
VEHICLES
Item #16D16
THIS ITEM CONTINUED FROM THE SEPTEMBER 10, 2013
BCC MEETING. AWARDING BID #13 -6103 DESIGN AND
INSTALLATION BUS WRAP DECALS TO ABC BUS, INC.
Item #I 6D 17
THIS ITEM CONTINUED FROM THE SEPTEMBER 10, 2013
BCC MEETING. THE ACCEPTANCE OF STATE HOUSING
INITIATIVES PARTNERSHIP (SHIP) PROGRAM FY 13/14
Page 225
September 24, 2013
ALLOCATION IN THE AMOUNT OF $567,140 AND SIGN THE
FISCAL YEAR 2013 -2014 FUNDING CERTIFICATION
Item #16D18
AMENDMENT #4 TO THE SUBRECIPIENT AGREEMENT
BETWEEN COLLIER COUNTY AND DAVID LAWRENCE
(DLC) TO OPERATE THE COLLIER COUNTY DRUG COURT
PROGRAM FOR DRUG COURT GRANT #2010 -DC -BX -0016
Item #16D19
RECOMMENDATION TO ENDORSE A MEMORANDUM OF
UNDERSTANDING AND AMENDMENT #1 BETWEEN
HOUSING, HUMAN & VETERAN SERVICES DEPARTMENT
AND THE PARKS & RECREATION DEPARTMENT TO BUILD
THE IMMOKALEE SOUTH PARK COMMUNITY CENTER
WITH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS
Item #16D20
SHARED ACCESS AGREEMENT WITH THE GREATER
NAPLES YMCA — THE AGREEMENT PROVIDES FOR THE
ADDITION OF OTHER SITES AND USES AS
CIRCUMSTANCES WARRANT; THE SHARED SITE LIST IS AS
FOLLOWS: NORTH COUNTY REGIONAL PARK, GOLDEN
GATE COMMUNITY POOL, OSCEOLA ELEMENTARY
SCHOOL BALL FIELDS AND NORTH NAPLES GOVERNMENT
SERVICES CENTER
Item # 16E 1
Page 226
September 24, 2013
THE PURCHASE OF FLOOD INSURANCE FOR FISCAL YEAR
2014 IN THE ESTIMATED AMOUNT OF $346,062 — AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #I 6E2
RECOGNIZING REVENUES POSTED TO PROJECT #52525,
GENERAL BUILDING IMPROVEMENTS, AND TO APPROVE
THE BUDGET AMENDMENT NECESSARY TO APPROPRIATE
THE FUNDS
Item #16E3
FLORIDA POWER & LIGHT COMPANY'S (FPL)
UNDERGROUND ROAD/PAVEMENT CROSSING
AGREEMENT, AN UNDERGROUND DISTRIBUTION LINE
AGREEMENT, AND A POLE AND OVERHEAD LINES
RELOCATION AGREEMENT IN THE TOTAL AMOUNT OF
$35,228.04 FOR NEW FPL SERVICES AT THE GORDON RIVER
GREENWAY PARK (GRGP) PROJECT #80065 - AS DETAILED
IN THE EXECUTIVE SUMMARY
Item #16E4
EXTEND THE AWARD OF REQUEST FOR PROPOSAL (RFP)
NO. 09-51269 "ANNUAL CONTRACT FOR THE PURCHASE
AND RENTING OF ALL COLLIER COUNTY UNIFORMS," TO
UNIFIRST CORPORATION FOR AN ADDITIONAL TWO (2)
YEAR TERM FOR THE LEASING AND LAUNDRY OF
UNIFORMS — MAINTAINING THE 2009 PRICING THROUGH
NOVEMBER 11, 2015
Page 227
September 24, 2013
Item #16E5
TO AWARD BID NO. 12- 5959R2, "ALARM MONITORING
SERVICES" TO CT FIRE PROTECTION, INC. AND
AUTHORIZE STAFF TO CONTINUE USING THE INCUMBENT
VENDOR, D.A. SYSTEMS, INC. D/B /A DEHART ALARM
SYSTEMS UNTIL THE TRANSITION IS COMPLETE — THE
PROCESS SHOULD BE FINISHED BY MARCH 24, 2014
Item #I 6E6
TO AUTHORIZE THE CHAIR TO EXECUTE AN INTERLOCAL
AGREEMENT FOR AN ADVANCED LIFE SUPPORT
PARTNERSHIP BETWEEN COLLIER COUNTY AND THE CITY
OF NAPLES — ALLOWING FOR CITY OF NAPLES
FIREFIGHTER/PARAMEDICS TO WORK AND TRAIN ON A
COUNTY AMBULANCE AND COUNTY
FIREFIGHTER/PARAMEDICS TO WORK AND TRAIN ON A
CITY OF NAPLES AMBULANCE
Item #16E7
RESOLUTION 2013 -208: A RESOLUTION APPROVING THE
PAY AND CLASSIFICATION PLANS FOR THE COUNTY
MANAGER'S AGENCY AND COUNTY ATTORNEY'S OFFICE
EFFECTIVE OCTOBER 1, 2013, PROVIDING FOR A GENERAL
WAGE ADJUSTMENT OF UP TO $1,000 TO BASE PAY
EFFECTIVE ON OCTOBER 5, 2013, AND TO APPROVE THE
CREATION OF NEW CLASSIFICATIONS, MODIFICATION
AND /OR DELETION OF CLASSIFICATIONS AND
ASSIGNMENT OF PAY RANGES FROM THE PROPOSED PAY
Page 228
September 24, 2013
AND CLASSIFICATION PLANS, FROM JULY 19 2013
FORWARD, USING THE EXISTING - ARCHER- POINT -
FACTOR JOB EVALUATION SYSTEM, SUBJECT TO A
QUARTERLY REPORT TO THE BOARD, IF ACTIONS
WARRANT
Item #16E8 — Continued to the October 8, 2013 BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO AUTHORIZING THE COUNTY
MANAGER AND STAFF TO USE THE FEDERAL GSA
SCHEDULES (I.E. SCHEDULE 70 AND 1122 PROGRAM); THE
STATE OF FLORIDA CONTRACTS, AGREEMENTS AND
PRICE LISTS; COMPETITIVELY SOLICITED CONTRACTS BY
US COMMUNITIES, WESTERN STATES CONTRACTING
ALLIANCE, NATIONAL INTERGOVERNMENTAL
PURCHASING ALLIANCE (NIPA), NATIONAL JOINT POWERS
ALLIANCE (NJPA) PUBLIC PURCHASING CONSORTIUMS;
AND, COMPETITIVE SOLICITATIONS FROM STATE OF
FLORIDA CITIES, COUNTIES, AND OTHER PUBLIC
MUNICIPALITIES (I.E. SHERIFF'S ASSOCIATION) FOR THE
EFFICIENT PURCHASE OF GOODS AND SERVICES FOR THE
DELIVERY OF PUBLIC SERVICES AND FOR WHICH FUNDS
WERE APPROVED IN OPERATING
Item #I 6E9
AWARDING A CONTRACT FOR REQUEST FOR PROPOSAL
(RFP) # 13 -6015 "SAP CONSULTING SERVICES" TO EPI -USE
AMERICA, INC. AND TO LABYRINTH SOLUTIONS INC.,
D/B /A LS I CONSULTING, LLC AND AUTHORIZE THE
Page 229
September 24, 2013
CHAIRWOMAN TO EXECUTE THE COUNTY ATTORNEY
APPROVED CONTRACTS — FOR A TWO YEAR PERIOD
Item # 16E 10
AUTHORIZING THE CHAIR TO EXECUTE THE SECOND
AMENDMENT TO THE AGREEMENT FOR MEDICAL
EXAMINER SERVICES (CONTRACT NO. 11 -5776 MEDICAL
EXAMINER) WHICH WILL EXTEND THE TERM OF THE
AGREEMENT TO SEPTEMBER 30, 20149 AND PROVIDE FOR
CERTAIN COSTS RELATING TO INFORMATION
TECHNOLOGY AND GENERAL, PROPERTY, AND LIABILITY
INSURANCES. THE TOTAL ALLOCATION OF $190699600
REPRESENTS A DECREASE OF $8,200 FROM FY 13
Item # 16F 1
TWO (2) RELEASES OF LIEN RELATED TO IMPACT FEES,
DUE TO THE DEFERRED IMPACT FEES BEING PAID IN
FULL, IN ACCORDANCE WITH THE TERMS OF THE
EXECUTED DEFERRAL AGREEMENTS AND THE OWNER -
OCCUPIED IMPACT FEE DEFERRAL PROGRAM, AS SET
FORTH BY SECTION 74- 401(D) AND 74 -401 (G)(5) OF THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES
Item #16F2
A REPORT COVERING A BUDGET AMENDMENT
IMPACTING RESERVES IN AN AMOUNT UP TO AND
INCLUDING $16,000 AND BUDGET AMENDMENT MOVING
FUNDS — NEEDED TO COVER PROJECTED FYI 3 PAYROLL
Page 230
September 24, 2013
COSTS INCLUDING JOB BAND EMPLOYEE AND MID -YEAR
SALARY ADJUSTMENTS
Item #I 6F3
RESOLUTION 2013 -209: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2012 -13
ADOPTED BUDGET
Item #16F4 — Continued to the October 8, 2013 BCC Meeting
(Per Commissioner Hiller during Agenda Changes)
RECOMMENDATION TO APPROVE THE SELECTION OF AN
AWARD FOR CONTRACT RFP #13 -6129, "PROFESSIONAL
STATE LOBBYIST SERVICES," TO FOWLER WHITE BOGGS
PA IN THE AMOUNT OF $80,000 ANNUALLY
Item #16G1
THE COMMERCIAL AVIATION OPERATIONS LICENSE
AGREEMENT WITH JAMES FOGARTY, D.B.A. FOGARTY'S
FLYING SERVICE, FOR AIRCRAFT FLIGHT INSTRUCTION
AT THE MARCO ISLAND EXECUTIVE AIRPORT
Item #16G2
THE BOARD OF COUNTY COMMISSIONERS, ACTING AS
THE AIRPORT AUTHORITY, TO AWARD BID NO. 13 -6044
EVERGLADES AIRPARK - PARALLEL TAXIWAY SOUTH TO
RUNWAY 15 -33 IN THE AMOUNT OF $195,925 TO QUALITY
Page 231
September 24, 2013
ENTERPRISES USA, INC. AND APPROVE THE NECESSARY
BUDGET AMENDMENTS
Item #I 6G3
THE BOARD OF COUNTY COMMISSIONERS TO AUTHORIZE
THE AIRPORT AUTHORITY EXECUTIVE DIRECTOR TO
IMPLEMENT CHANGES TO INCREASE SECURITY AND
ALLOW AIR BOATERS ACCESS TO OBTAIN FUEL FROM
THE IMMOKALEE AIRPORT FUEL FARM — THE NEWER
SYSTEM WOULD ALLOW PROGRAMMABLE, TRACEABLE,
INDIVIDUAL CODES FOR EACH USER
Item #I 6G4
THE CONCESSIONAIRE AGREEMENT BETWEEN THE
COLLIER COUNTY AIRPORT AUTHORITY AND MARCO
AVIATION INC. D/B /A AIR EXPEDITIONS, INC. FOR
SPECIALIZED AVIATION SERVICE OPERATIONS AT THE
MARCO ISLAND EXECUTIVE AIRPORT — FOR A TWO YEAR
AGREEMENT THAT CONTINUES MONTH TO MONTH WITH
A THIRTY DAYS ADVANCE WRITTEN NOTICE TO
TERMINATE BY EITHER PARTY
Item # 16H 1
COMMISSIONER FIALA' S REQUEST FOR REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE KIDS DON'T FLOAT
PROGRAM MEETING/LUNCH ON SEPTEMBER 4, 2013 AT
THE CALISTOGA BAKERY CAFE. $10.58 TO BE PAID FROM
Page 232
September 24, 2013
COMMISSIONER FIALA'S TRAVEL BUDGET — LOCATED AT
1860 TAMIAMI TRAIL NORTH, NAPLES
Item #161-12
COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE WILL ATTEND THE UNITED WAY KICKOFF
BREAKFAST ON SEPTEMBER 25, 2013. THE SUM OF $20 TO
BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET
— HELD AT HILTON NAPLES /SHULA' S 5111 TAMIAMI TRAIL
NORTH, NAPLES
Item # 1611
MISCELLANEOUS CORRESPONDENCE TO FILE WITH
ACTION AS DIRECTED.
Page 233
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
September 24, 2013
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. MISCELLANEOUS CORRESPONDENCE:
1) Heritage Greens Community Development District:
Meeting Agenda: 03/18/13, 04/15/13
Meeting Minutes: 03/18/13, 04/15/13, 04/23/13 (Reconvened from 4/15)
2) Naples Heritage Community Development District:
Meeting Agenda: 04/09/13
Meeting Minutes: 04/09/13
3) Port of the Islands Community Improvement District:
FY14 Proposed & Approved Tentative Budgets
Meeting Agenda: 05/17/13, 06/21/13
Meeting Minutes: 05/17/13, 06/21/13
September 24, 2013
Item #16J 1
AN INTERLOCAL AGREEMENT FOR ELECTION SERVICES
FOR THE NOVEMBER 26, 2013, EVERGLADES CITY
ELECTION — FOR THE CITY'S MUNICIPAL ELECTION
Item #I 6J2
RESOLUTION 2013 -210: A RESOLUTION CHANGING THE
BOUNDARIES AND NUMERIC DESIGNATIONS OF CERTAIN
PRECINCTS DUE TO CONSOLIDATION WITH ADJACENT
PRECINCTS
Item #I 6J3
TAX COLLECTOR REQUEST FOR ADVANCE COMMISSIONS
IN ACCORDANCE WITH FLORIDA STATUTE 192.102(1) FOR
FY2014
Item #I 6J4
DISBURSEMENTS FOR THE PERIOD OF AUGUST 30, 2013
THROUGH SEPTEMBER 5, 2013 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #I 6J5
DISBURSEMENTS FOR THE PERIOD OF SEPTEMBER 6, 2013
THROUGH SEPTEMBER 12, 2013 AND FOR SUBMISSION
INTO THE OFFICIAL RECORDS OF THE BOARD
Item #I 6J6
Page 234
September 24, 2013
PROVIDING THE BOARD OF COUNTY COMMISSIONERS
THE CLERK OF THE CIRCUIT COURT'S OFFICE AUDIT
REPORT 2013 -8 PARKS AND RECREATION — IMMOKALEE
SPORTS COMPLEX — CAPITAL ASSETS ISSUED ON
SEPTEMBER 18, 2013
Item #I 6J7
PROVIDE THE BOARD OF COUNTY COMMISSIONERS THE
CLERK OF THE CIRCUIT COURT'S INTERNAL AUDIT
REPORT 2013 -7 WASTEWATER DEPARTMENT: SOUTHERN
SANITATION INVOICES ISSUED ON SEPTEMBER 18, 2013
Item # 16K 1
A MEDIATED SETTLEMENT AGREEMENT AND A
STIPULATED FINAL JUDGMENT TO BE DRAFTED
INCORPORATING THE SAME TERMS AND CONDITIONS AS
THE MEDIATED SETTLEMENT AGREEMENT CONCERNING
THE TAKING OF PARCELS 148FEE, 148SE AND 148TCE, IN
THE LAWSUIT STYLED COLLIER COUNTY V. FLORIDA
POWER AND LIGHT, ET AL, CASE NO. 2013-CA-1329 FOR
THE COLLIER BOULEVARD EXPANSION (PROJECT NO.
68056). FISCAL IMPACT $178,945 — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16K2
RESOLUTION 2013 -211: A RESOLUTION ESTABLISHING
MINIMUM PROCEDURES FOR PUBLIC COMMENT AT ALL
MEETINGS BEFORE ANY AGENCY, ADVISORY BOARD,
Page 235
September 24, 2013
REGULATORY BOARD, QUASI- JUDICIAL BOARD,
COMMITTEE, TASK FORCE OR ANY OTHER GROUP
CREATED AND FUNDED IN WHOLE OR IN PART BY THE
BOARD OF COUNTY COMMISSIONERS AND DIRECT THE
COUNTY MANAGER OR HIS DESIGNEE TO DISTRIBUTE
SUCH RESOLUTION TO ALL MEMBERS OF COUNTY
BOARDS
Item #16K3 — Moved to Item #12D (Per Agenda Change Sheet)
Item #I 6K4
THE PROPOSED FY 2013 -2014 ACTION PLAN FOR JEFFREY
A. KLATZKOW, COUNTY ATTORNEY
Item #16K5 — Moved to Item #12E and further continued
(Per Commissioner Hiller during Agenda Changes)
RECOMMENDATION THAT TH BOARD OF COUNTY
COMMISSIONER, ACTING AS THE COLLIER COUNTY
AIRPORT AUTHORITY, APPROVE AND AUTHORIZE THE
CHAIR TO SIGN A MEDIATED SETTLEMENT AGREEMENT
WITH QUALITY ENTERPRISES USE, INC., AND DIRECTS
STAFF TO ISSUE A PERMIT, AS PROMPTLY AS POSSIBLE,
WHICH ALLOWS QUALITY ENTERPRISES TO REMOVE THE
FILL MATERIAL FROM THE IMMOKALEE AIRPORT
PROPERTY ON THE TERMS AND CONDITIONS SET FORTH
IN THE MEDIATED SETTLEMENT AGREEMENT
""Commissioner * *Commissioner Henning moved, seconded by Commissioner
Nance and carried unanimously that the following items under the
Summary Agenda be adopted * * * *
Page 236
September 24, 2013
Item #17A
RESOLUTION 2013 -212: DETERMINING THAT A CAR
RENTAL USE IS A COMPARABLE AND COMPLIMENTARY
USE WITHIN THE GERMAIN TOYOTA PUD AS AUTHORIZED
IN SECTION 1.A.2 OF EXHIBIT A OF ORDINANCE 08 -60. THE
SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF
TAMIAMI TRAIL NORTH AND SOUTH OF WIGGINS PASS
ROAD IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA. [PETITION ZLTR-
PL201300011171
Item #17B
ORDINANCE 2013 -53: AMENDING ORDINANCE NUMBER
2007 -55, THE BOXWOOD RPUD, BY CHANGING THE NAME
OF THE RESIDENTIAL PLANNED UNIT DEVELOPMENT
FROM BOXWOOD RPUD TO TUSCANY POINTE RPUD; BY
REDUCING THE MAXIMUM DWELLING UNITS FROM 207 TO
120; BY ELIMINATING THE AFFORDABLE HOUSING
DENSITY BONUS AND DELETING/TERMINATING THE
DENSITY BONUS AGREEMENT; BY REVISING THE
DEVELOPMENT STANDARDS; BY DELETING EXHIBIT "C",
THE EXISTING MASTER PLAN, AND APPROVING A NEW
MASTER PLAN; BY DELETING EXHIBIT "C -1 it ROW CROSS
SECTION, AND APPROVING A NEW EXHIBIT "C -1"; BY
DELETING EXHIBIT C -2, RPUD NORTH AND EAST
PROPERTY CROSS SECTION AND ADDING A NEW EXHIBIT
C -2 ENTITLED NORTH AND EAST LANDSCAPE BUFFER
PLAN; BY ADDING EXHIBIT "C -311, TYPICAL LOT LAYOUT;
BY REVISING THE DEVELOPER COMMITMENTS; BY
Page 237
September 24, 2013
DELETING EXHIBIT "G ", CONCEPTUAL TOPOGRAPHICAL
CROSS SECTION, AND APPROVING A NEW EXHIBIT "G ",
FOR THE RPUD LOCATED EAST OF COLLIER BOULEVARD
(CR 95 1) AND NORTH OF VANDERBILT BEACH ROAD IN
SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 30± ACRES;
AND BY PROVIDING AN EFFECTIVE DATE. [PETITION
PUDA- PL20130000141, TUSCANY POINTE RPUD] (THIS ITEM
IS A COMPANION TO ITEM 16D 0
Item #17C
RESOLUTION 2013 -213: PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A
RETAIL STORE IN EXCESS OF 5,000 SQUARE FEET WITHIN
THE C -3 ZONING DISTRICT PURSUANT TO SECTION
2.03.03.C.1.C.17 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED ON THE
SOUTHWEST CORNER OF 95TH AVE. N. AND U.S. 41 IN
SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA. [CU- PL20130001108, MILAN
CENTER]
Item #17D
ORDINANCE 2013 -54: AN ORDINANCE REPEALING
ORDINANCE NO. 2010-11 IN ITS ENTIRETY IN ORDER TO
ABOLISH THE AIRPORT AUTHORITY ADVISORY BOARD
Item #17E
RESOLUTION 2013 -214: APPROVING AMENDMENTS
Page 238
September 24, 2013
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2012 -13
ADOPTED BUDGET
Item #I 7F
RESOLUTION 2013 -215: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 2013 -14 ADOPTED BUDGET
Item #17G
ORDINANCE 2013 -55: A PROPOSED STANDARDS OF CARE
ORDINANCE ESTABLISHING REGULATIONS FOR THE
KEEPING OF ANIMALS BY ANIMAL - RELATED BUSINESSES
AND ORGANIZATIONS, COMMERCIAL AND NON-
COMMERCIAL BREEDERS, AND RODEOS AS
CONTEMPLATED IN THE ANIMAL CONTROL ORDINANCE
(ORDINANCE 2013 -33)
Page 239
September 24, 2013
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4:14 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFI
,qO qOVERNING BOARD(S) OF
SPECIAL INISTRI TS UNDER ITS CONTROL
GE &G-A A. HILLER, CHAIRWOMAN
ATTEST.-
DMffdi .. "'BROCK, CLERK
These minutes approve by the Board on 04. 22- 11 �G ( ,
as presented or as corrected
Transcript prepared on behalf of Gregory Court Reporting, Inc., by
Cherie' R. Nottingham, CSR.
Page 240