BCC Minutes 10/22/2013 R BCC
WORKSHOP
MEETING
MINUTES
October 22 , 2013
October 22, 2013
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, October 22, 2013
LET IT BE REMEMBERED, that the Collier County
Commissioners, in and for the County of Collier, also acting as the
Board of Zoning Appeals and governing board(s) of such special
districts as have been created according to law and having conducted
business herein, met on this date at 9:00 a.m. in REGULAR SESSION
in Building "F" of the Government Complex, East Naples, Florida,
with the following members present:
CHAIRWOMAN: Georgia Hiller
Tom Henning
Tim Nance
Donna Fiala
Fred Coyle
ALSO PRESENT:
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
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
October 22, 2013
9:00 AM
Georgia Hiller - BCC Chairwoman; BCC Commissioner, District 2
Tom Henning - BCC Vice-Chairman; BCC Commissioner, District 3
Donna Fiala - BCC Commissioner, District 1; CRAB Vice- Chairman
Fred W. Coyle - BCC Commissioner, District 4
Tim Nance - BCC Commissioner, District 5; CRAB Chairman
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH
THE EXECUTIVE MANAGER TO THE BCC PRIOR TO PRESENTATION
OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED
SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE
TIME IS ADJUSTED BY THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
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October 22, 2013
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Jim Thomas— East Naples United Methodist Church
2. AGENDA AND MINUTES
A. Approval of today's consent agenda as amended (Ex Parte Disclosure
provided by Commission members for consent agenda.)
B. Approval of today's summary agenda as amended (Ex Parte Disclosure
provided by Commission members for summary agenda.)
C. Approval of today's regular agenda as amended.
D. September 19, 2013 - BCC/Budget Hearing
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October 22,2013
E. September 24, 2013 - BCC/Regular Meeting
F. October 1, 2013 - BCC/Advisory Board Review/Museum Marketing and
Event Promotion/Enterprise Asset Management Workshop
3. SERVICE AWARDS — EMPLOYEE
A. 20 Year Attendees
1) David Holmes —Facilities Management
B. 25 Year Attendees
1) Kurt Jokela—Facilities Management
2) Toni Mott —Real Property
3) Victor Philogene — Traffic Operations
C. 30 Year Attendees
1) Wanda Warren— Operations & Regulatory Management
4. PROCLAMATIONS
A. Proclamation designating October 25, 2013 as the 14th Annual Red Walk
in celebration of Red Ribbon Activities. To be accepted by Dr. Susan
Barcellino, Principal, Lely Elementary School and Craig Greusel, Project
Director, Red Ribbon Week. Sponsored by Commissioner Fiala.
5. PRESENTATIONS
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS
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October 22,2013
Item #8 and Item #9 to be heard no sooner than 1:00 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Golden Gate Estates Land Trust Committee.
B. Appointment of member to the Contractors Licensing Board.
C. Appointment of members to the Health Facilities Authority.
D. Appointment of member to the Public Transit Ad Hoc Advisory Committee.
E. Appointment of members to the Collier County Citizens Corps.
F. Appointment of member to the Radio Road East of Santa Barbara Boulevard
to Davis Boulevard MSTU Advisory Committee.
11. COUNTY MANAGER'S REPORT
A. Recommendation to award Invitation to Bid #13-6151 in the amount of
$1,669,994.80 to ADJ Excavating of Florida, Inc., to replace water mains on
93rd and 94th Avenues North, under Project Number 71010. (Tom Chmelik,
Public Utilities Planning and Project Management Director)
B. Recommendation to review and approve the proposed Collier County 2014
State Legislative Priorities. (Debbie Wight, Legislative Affairs Coordinator)
C. Recommendation to approve a prioritized list of LDC amendments for the
2014 LDC Amendment Cycles. (Caroline Cilek, Growth Management
Division Senior Planner)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
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October 22,2013
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
1) Recommendation to authorize the Chairman to execute the attached
Resolution authorizing signature of Joint Participation Agreement No.
AR513 with the Florida Department of Transportation; accept a grant
offer in the amount of$178,750 for Rehabilitation of Runway 17-35
at the Marco Island Executive Airport, and to authorize associated
budget amendments.
2) Recommendation that the Board of County Commissioners, acting as
the Airport Authority, award Invitation to Bid (ITB) #13-6123, Marco
Island Executive Airport Runway Construction in the amount of
$5,686,643.28 to 0-A-K Florida, Inc. d/b/a Owen-Ames-Kimball
Company; authorize the Chair to sign a County Attorney approved
contract; approve Amendment 1 to Contract #12-5885 for engineering
services with Hole Montes for $562,655 and authorize the Chair to
execute the County Attorney approved amendment for Phase 2
engineering services during construction; and approve necessary
budget amendments.
3) Recommendation to authorize the Chairman to execute the attached
Resolution authorizing signature of Joint Participation Agreement No.
AR519 with Florida Department of Transportation; accept a grant
offer in the amount of$134,000 for Rehabilitation of Runway 9-27 at
the Immokalee Regional Airport, and to authorize associated budget
amendments.
4) Recommendation that the Board of County Commissioners, acting as
the Airport Authority, award Invitation to Bid (ITB) #13-6124,
Immokalee Regional Airport Runway Construction in the amount of
$7,232,241.04 to 0-A-K Florida, Inc. d/b/a Owen-Ames-Kimball
Company, authorize the Chair to execute a County Attorney reviewed
contract; approve Amendment 1 to Contract #12-5885, engineering
services with Hole Montes for $778,095 and authorize the Chair to
execute the County Attorney approved amendment for Phase 2
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October 22, 2013
engineering services during construction; and approve necessary
budget amendments.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommend the Collier County Community Redevelopment Agency
(CRA) review and approve the Immokalee and Bayshore Gateway
Triangle CRA's 2013 Supplemental Status Reports.
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Current BCC Workshop Schedule
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to approve the release of lien in the amount of
$67,312.56 for payment of$1,512.56, in the Code Enforcement
Action entitled Board of County Commissioners vs. Emilio and
Emma Hernandez, Code Enforcement Case Number
CEPM20110013543, relating to property located at 406 12th Street
SE, Immokalee, Florida.
2) Recommendation to approve the release of lien in the amount of
$172,880.29 for payment of$530.29, in the Code Enforcement Action
entitled Board of County Commissioners vs. Marie L. Gilot, Code
Enforcement Case Number CESD20080015112, relating to property
located at 1707 6th Avenue, Immokalee, Florida.
3) This item requires that exparte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Esplanade Golf and Country
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October 22, 2013
Club of Naples, Lots 6-8, Application Number PL20130001844.
4) Recommendation to approve and execute a Local Agency Program
(LAP) Agreement with Florida Department of Transportation (FDOT)
which Collier County would be reimbursed up to $265,000 for a
Traffic Network Study and Analysis and authorize the necessary
budget amendment.
5) Recommendation to adopt a Resolution authorizing acceptance of a
Schedule of Speed Limits to codify speed limits on county-maintained
roadways.
6) Recommendation to award Invitation to Bid (ITB) #13-6140,
"Purchase of Limerock and Fill" to Florida Dirt Source as the primary
vendor and Southern Sand and Stone as the secondary vendor.
7) Recommendation to accept a Speed Limit Study Report and adopt a
Resolution establishing a speed limit of forty (40) mph for Rattlesnake
Hammock Road (CR 864) from Collier Boulevard (CR 951) east to
the future Benfield Road.
8) Recommendation for authorization to advertise future consideration of
an ordinance which would amend Ordinance No. 90-105, as amended,
known as the Collier County Contractors' Licensing Board Ordinance,
in order to apply recent revisions to Chapter 489, Florida Statutes.
9) Recommendation to approve the purchase of FY2014 budgeted
vehicles and equipment utilizing The Florida Sheriffs Association,
Florida Association of Counties Contract #13-11-0904 for Off-Road
Utilities, Medium, Heavy Trucks & other fleet equipment.
10) Recommendation to invoke the exemption in the County's Purchasing
Policy (Section VII, Paragraph H) to waive competitive bidding and
open a purchase order for expert witness services in support of
eminent domain litigation for US-41/Collier Boulevard Intersection
Improvement Project No. 60116. (CVS Store No. 7899) (Fiscal
Impact: $35,000)
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October 22, 2013
11) Recommendation to invoke the exemption in the County's Purchasing
Policy (Section VII, Paragraph H) to waive competitive bidding and
open a purchase order in the amount of$60,000 to cover expert
witness services in support of eminent domain litigation for US-41/
Collier Boulevard Intersection Improvement Project No. 60116.
(Fiscal Impact: $60,000)
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation to award Bid #13-6022R— Immokalee MSTU
Roadway Landscape Maintenance to A&M Property Maintenance
LLC.
2) Recommendation that the Collier County Board of County
Commissioners (BCC) acting in its capacity as the Collier County
Community Redevelopment Agency (CRA) approve attached
Amendment #1 to a previously approved funding agreement between
the CRA and South Florida Water Management District (SFWMD)
which extends the performance period outlined in Exhibit B 1:
Payment and Deliverable Schedule.
C. PUBLIC UTILITIES DIVISION
1) Recommendation to award Bid #13-6096, "Sale of Recycled
Materials," to Garden Street Iron & Metal Inc., Allied Recycling Inc.,
and A&D Scrap Metal.
2) Recommendation to approve a work order under Request for
Quotation #08-5011-105, in the amount of$215,000, to Quality
Enterprises USA, Inc., for Underground Utility Contracting Services
for the South County Regional Water Treatment Plant Replacement of
Chemical Piping, Project No. 71065.
3) Recommendation to approve and ratify payment of$8,854.50 to CDM
Smith, Inc., for work completed subsequent to a Mediated Settlement
Agreement approved by the Board of County Commissioners May 14,
2013, in the lawsuit titled Collier County v. John Reynolds & Sons,
Inc., et al.
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October 22,2013
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve one (1) mortgage satisfaction for a State
Housing Initiatives Partnership (SHIP) loan in the amount of$5,000.
2) Recommendation to approve one (1) satisfaction of mortgage for State
Housing Initiatives Partnership Program (SHIP) in accordance with
the Board's Short Sale Policy, accepting $2,475 to satisfy the total
value of the mortgage $41,250.
3) Recommendation to approve a partial waiver of fees in the amount of
$520 as requested by the Foundation for the Developmentally
Disabled (FDD) for their 2014 Co-Sponsored Adult Baseball League.
4) Recommendation to approve an award for Invitation to Bid (ITB)
#13-6169, "Fare Collection Room Construction" to Compass
Construction, Inc. in the amount of$70,790 and authorize the
Chairwoman to sign and execute the attached contract.
5) Recommendation to approve two Memoranda of Understanding with
Southwest Florida Workforce Development Board, Inc. for delivery of
the 21st Century Community Learning Centers swimming skills and
drowning prevention programs "Miracle Plus 1 and Miracle Plus 2
Program."
6) Recommendation to award Invitation to Bid (ITB) #13-6098R for
temporary personnel to Alpha 1 Staffing/Search Firm LLC, and
authorize the Chairwoman to sign and execute a county attorney
approved contract.
7) Recommendation to approve the "Sounds from the Park" free concert
series at Sugden Regional Park and rental application permit for
2013/2014.
8) Recommendation to approve: (1) three modifications to Disaster
Recovery Grant Agreements between the Florida Department of
Economic Opportunity (DEO) and Collier County and (2) one
subrecipient agreement common to each grant and accept EASF's
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October 22, 2013
termination of a subrecipient agreement. (Net Fiscal Impact: $0)
9) Recommendation to approve an amendment between Collier County
and the Area Agency on Aging for Southwest Florida, Inc. d/b/a
Senior Choices of Southwest Florida to add Facility Respite Service to
the standard contract. (Fiscal Impact: $0)
10) Recommendation to approve Amendment No. 2 to the Home
Investment Partnership (HOME) Program Agreement between Collier
County and Collier County Housing Authority, Inc. (CCHA) to
extend the project completion date, update template language, and
revise match language. (Fiscal Impact: $0)
11) Recommendation to approve Amendment No. 1 to the Community
Development Block Grant (CDBG) Agreement between Collier
County and the David Lawrence Mental Health Center, Inc. in order
to update the template language and extend the project completion
date. (Fiscal Impact: $0)
12) This item continued from the October 8, 2013 BCC Meeting.
Recommendation to approve a substantial amendment to the FY2009-
2010 Annual Action Plan to clarify the project scope and project
funding reduction from $32,949 to $32,640.10 for Goodwill Industries
Microenterprise project utilizing U.S. Department of Housing and
Urban Development (HUD) Community Development Block Grant
(CDBG) funds.
13) This item continued from the October 8, 2013 BCC Meeting.
Recommendation to approve amendment No. 1 to the Community
Development Block Grant (CDBG) Agreement between Collier
County and Goodwill Industries of Southwest Florida, Inc.
14) Recommendation to approve an after-the-fact Nutrition Services
Incentive Program (NSIP) contract with Area Agency on Aging for
Southwest Florida, Inc. d/b/a Senior Choices of Southwest Florida
Senior and approve a subsequent budget amendment in the amount of
$38,171 for FY 2014.
15) Recommendation to approve a Home Investment Partnerships
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October 22, 2013
(HOME) Program Developer Agreement between Collier County and
Big Cypress Housing Corporation (BCHC) for construction of a
Multi-Family Rental Housing Project consisting of a minimum of Ten
Single Family Rental Housing Units. (Fiscal Impact: $1,144,000)
16) Recommendation to approve the Naples Zoo, Inc.'s proposed plan for
"Gateway to Naples" project.
17) Recommendation to approve Amendment #1 to the FY12/13
agreement between Collier County and The Shelter for Abused
Women & Children for the Community Development Block Grant
(CDBG) project previously approved by the Board on May 14, 2013.
(Fiscal Impact: $0)
18) This item continued from the October 8, 2013 BCC Meeting.
Recommendation to approve Amendment #1 to a FY12/13 agreement
between Collier County and Naples Equestrian Challenge for the
Community Development Block Grant (CDBG) project previously
approved by the Board on May 14, 2013. (Fiscal Impact: $0)
19) Recommendation to approve amendments to two FY12/13
subrecipient agreements between Collier County and Immokalee
Non-Profit Housing, Inc. d/b/a Immokalee Housing & Family
Services (IHFS) for two Community Development Block Grant
(CDBG) projects previously approved by the Board on May 14, 2013.
(Fiscal Impact: $0)
20) Recommendation to approve substantial amendments to the FY2009-
2010 and FY2010-2011 Annual Action Plans to clarify the project
scope for Immokalee Non Profit Housing, Inc. d/b/a Immokalee
Housing & Family Services Sanders Pines Playground Upgrades
utilizing U.S. Department of Housing and Urban Development (HUD)
Community Development Block Grant (CDBG) funds.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to waive minor irregularities and award Bid #13-
6144 — Cisco Hardware, Software and Maintenance to CDW
Government, LLC (CDW-G) as primary vendor for the purchase of
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October 22, 2013
Cisco hardware, software and SMARTnet maintenance support, and;
En Pointe Technology Sales, Inc. (En Pointe) as secondary vendor.
2) Recommendation to approve and adopt a resolution to authorize a
write-off of$30,276.46 (net) from accounts receivable deemed
uncollectible despite diligent efforts by staff in connection with
services provided by Mail Barcoding Services of SWFL, Inc. during
Fiscal Year 2008 and 2009.
3) Recommendation to reject all responses received under Invitation to
Bid #13-6059, Parts for Fleet Vehicles, extend current Contract #09-
5211 through March 31, 2014 or until a new award has been approved
by the Board, and approve the removal of the County's Local Vendor
Preference in new solicitation #13-6059R Parts for Fleet Vehicles.
4) Recommendation to approve and authorize the Chair to execute
Revised Agreement #14-CP-11-09-21-01-XXX between the State of
Florida, Division of Emergency Management and Collier County
accepting an additional $1,540 for a revised total of$8,669 for the
preparation of Hazards Analysis Reports for facilities storing
extremely hazardous substances within Collier County and approve
the necessary budget amendment.
F. COUNTY MANAGER OPERATIONS
1) This item continued from the October 8, 2013 BCC Meeting.
Recommendation to adopt criteria defining and classifying activities
using tourist tax revenue that "promotes tourism."
2) This item continued from the October 8, 2013 BCC Meeting.
Recommendation to approve an amendment to the Tourism Travel
Expense Resolution 2006-40 related to County Purchasing Card limits
consistent with the County Purchasing Policy and make a finding that
this item promotes tourism.
3) Recommend approval of the Fiscal Year 2014 Strategic Marketing
Plan for the Naples, Marco Island, Everglades Convention & Visitors
Bureau (CVB) and make a finding that this item promotes tourism.
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October 22, 2013
4) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2013-14 Adopted Budget.
5) Recommendation to adopt a resolution urging members of the Florida
Legislature to oppose legislation that would mandate use of a Uniform
Chart of Accounts for all governmental entities to report financial
information.
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Hiller's request for Board approval for reimbursements
regarding attendance at Functions Serving a Valid Public Purpose.
MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of
September 27, 2013 through October 3, 2013 and for submission into
the official records of the Board.
2) To obtain Board approval for disbursements for the period of
October 4, 2013 through October 10, 2013 and for submission into
the official records of the Board.
3) Recommendation to approve an Interlocal Agreement for Election
Services for the February 4, 2014, City of Naples election.
4) Request that the Board of County Commissioners approve the use of
$15,000 from Confiscated Trust Funds to support the State of Florida
Prescription Drug Monitoring Program.
5) Recommendation that the Board accept the investment status update
report for the quarter ending September 30, 2013.
K. COUNTY ATTORNEY
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October 22,2013
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 in the amount
of$424,950 for the acquisition of Parcels 103FEE, 103TCE, 150 FEE,
150SE and 150TCE in the Lawsuit styled Collier County, Florida v.
LDJ Associates, Ltd., et al., Case No. 13-CA-1238-CA for the Collier
Boulevard expansion. (Project No. 68056) (Fiscal Impact: $267,688)
2) Request by the Collier County Educational Facilities Authority for
approval of a resolution authorizing the Authority to issue revenue
bonds to be used to refund bonds previously issued for educational
facilities at Hodges University and to provide funds for the acquisition
of a building currently being leased by the University.
3) Recommendation to approve an agreement for Collier County Partial
Funding of the Collier County Legal Aid replacing the agreement that
expired September 30, 2013. There is no new fiscal impact associated
with this amendment, however, under the original agreement the
County will still be required to pay $108,309.66 or the amount
actually collected to assist Collier County in providing legal aid
programs required under Section 29.008(3)(a), Florida Statutes.
4) Recommendation that the Board adjust its Public Speaker practice
by (1) Public Comment should be relocated back to the end of the
Regular Agenda; (2) Whenever practicable, agenda items that are
expected to generate substantial public comment shall be staggered
over multiple meetings; and (3) Should there be large groups or
factions at the meeting, the chair may allow a representative of each
group or faction to address the Board on a proposition before the
Board, rather than all members of such group or faction, but shall give
such representative a minimum of 15 minutes to address the Board.
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
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October 22, 2013
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 has been continued to the December 10, 2013 BCC Meeting.
This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required
to be sworn in. Recommendation to adopt a Resolution to disclaim, renounce
and vacate the County and the Public interest in a portion of Mamie Street
south of Chokoloskee Drive, being a part of Section 36, Township 53 South,
Range 29 East, Chokoloskee, Collier County, Florida.
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 Petition VAC-
PL20130001313 to disclaim, renounce and vacate the County and the public
interest in a portion of 10th Street as shown on the plat of Eastover, Plat
Book 1, Page 97 of the Public Records of Collier County, Florida, also being
a part of Section 3, Township 47 South, Range 29 East, Immokalee, Collier
County, Florida.
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 an Ordinance
amending Ordinance Number 2004-41, as amended, Collier County Land
Development Code, which established the comprehensive zoning regulations
for the unincorporated area of Collier County, Florida, by amending the
appropriate zoning atlas map or maps by changing the zoning classification
of the herein described real property from an Agricultural Zoning District
with a Mobile Home Overlay (A-MHO) to a Mixed Use Planned Unit
Development (MPUD) Zoning District for the project to be known as the
Living Word Family Church MPUD; to allow construction of religious
facilities with a maximum of 2,400 seats, an outdoor pavilion, a grade school
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October 22,2013
for kindergarten through 12th grade with a maximum of 250 students, a
child care center with up to 200 students, assisted living facilities and
continuing care retirement community uses for seniors at a .45 floor area
ratio and at a maximum of 200 beds and accessory, retail and social service
uses for property located in Section 30, Township 48 South, Range 27 East,
Collier County, Florida, consisting of 35.0+/- acres; repealing the existing
Conditional Use on the property granted by Resolution Number 06-03, as
amended by Resolution Number 09-213; and by providing an effective date.
(Petition Number PUDZ-PL20110000762)
D. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2013-14 Adopted Budget.
E. Recommendation to adopt an Ordinance amending Ordinance No. 2002-27,
as amended, which created the Pelican Bay Municipal Service Taxing and
Benefit Unit, to clarify that beach renourishment is one of the purposes of
the Unit.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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October 22, 2013
October 22, 2013
CHAIRWOMAN HILLER: Good morning. I'd like to call this
meeting to order.
Please rise. We're going to begin with the invocation presented
by Pastor Jim Thomas from the East Naples United Methodist Church.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE
PASTOR THOMAS: Good morning. I've been asked this
morning to remember Mr. Hodges, Earl Hodges, in our prayer today,
so may we bow our heads and go to the lord.
Dear Heavenly Father, we've come to you this morning seeking
the help of the spirit as we offer our prayer. Father, we come giving
thanks for the many blessings that we have received in this life, and
we thank you, Dear Lord, for walking with us in our times of trial.
Lord, we give thanks today for Earl Hodges, for the blessing he
was. We pray, Dear Lord, that his generous spirit will be remembered
here by all our people, and we pray, Dear Lord, that he's been an
example to us of service, of giving and sharing of the gifts that we
have.
Lord, we pray for our men and women here on the council, Dear
Lord, for their time -- the time that they give, for the service they give.
As we come together this morning, Dear Lord, we pray for open
minds and open hearts to hear what each other has to say, most
importantly, Dear Lord, to be guided by what you would have us to
do.
Watch over us, guide us, and direct us in each and every aspect
of our life, Dear Lord. And we pray this humbly in your name.
Amen.
CHAIRWOMAN HILLER: County Attorney, would you please
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October 22, 2013
lead us in the pledge.
(The Pledge of Allegiance was recited in unison.)
CHAIRWOMAN HILLER: County Manager?
MR. OCHS: Good morning, Madam Chair, Commissioners.
These are your proposed agenda changes for the October 22, 2013,
Board of County Commissioners' Meeting.
The first proposed change is an add-on item. It's Item 14A5 on
your agenda under your airport authority regular agenda. It's a Joint
Participation Agreement between the Florida Department of
Transportation and the county related to state funding for the
Everglades Airpark improvements. That add-on was received by the
board this past Friday.
The next proposed change is to withdraw Item 16B2. That's at
staffs request. That would be brought back at a later date.
The next proposed change is to continue Item 16F2 to the
November 12, 2013, board meeting. That change was made at
Commissioner Nance's request.
The next proposed change is to move Item 16K4 from the
County Attorney consent agenda to the County Attorney regular
agenda, Item 12A. That's a discussion regarding public speaking and
participation at board meetings.
We have two agenda notes this morning, Commissioners. The
first is on Item 14A3. The FAA funding amount in the table in that
executive summary should read $6,754,362, not $6,754,262, and that
correction is made at staffs request.
And, finally, Item 16D13, a scrivener's error is noted as this is
Amendment No. 1, not Amendment No. 2, and the companion item
referenced should read 16D12 and not 16D14, and those changes are
made at the staffs request.
Those are all the changes I have, Madam Chair.
CHAIRWOMAN HILLER: Thank you.
Page 3
October 22, 2013
Any other changes?
COMMISSIONER HENNING: None from me.
CHAIRWOMAN HILLER: There being no other proposed
changes, County Manager?
Item #2A
APPROVAL OF TODAY'S CONSENT AGENDA (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA) — APPROVED AND/OR ADOPTED
W/CHANGES — APPROVED
MR. OCHS: Ma'am, we move, then, to Item 2A on the agenda.
It's approval of today's consent agenda as amended.
MR. MILLER: Madam Chair, I have a registered public speaker
for this item.
CHAIRWOMAN HILLER: Can you bring the public speaker
forward then?
MR. MILLER: Bob Krasowski.
CHAIRWOMAN HILLER: Thank you.
MR. KRASOWSKI: Good morning, Commissioners. Bob
Krasowski, for the record.
I understand 16K4 from the consent agenda is moved to today's
regular agenda. I believe that is the item I was going to request that
you move.
I also wanted to request that it be moved to your next meeting so
that people could be aware that there would be an opportunity to speak
on that, but thank you.
CHAIRWOMAN HILLER: Thank you.
Any discussion on the consent agenda as amended?
(No response.)
Page 4
October 22, 2013
CHAIRWOMAN HILLER: Ex parte disclosure. Commissioner
Henning?
COMMISSIONER HENNING: None.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: None.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: I have ex parte disclosure for
Summary Agenda 17 --
CHAIRWOMAN HILLER: Just on the consent, just consent.
COMMISSIONER COYLE: Okay, consent. Nothing on
consent. Thank you.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Nothing.
CHAIRWOMAN HILLER: May I have a motion and a second?
COMMISSIONER HENNING: So moved.
COMMISSIONER FIALA: Motion.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: I have a motion and a second. Is
there any discussion?
(No response.)
CHAIRWOMAN HILLER: There being no discussion, all in
favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #2B
Page 5
October 22, 2013
APPROVAL OF TODAY'S SUMMARY AGENDA AS AMENDED
(EX PARTE DISCLOSURE PROVIDED BY COMMISSION
MEMBERS FOR SUMMARY AGENDA) — ADOPTED
MR. OCHS: Ma'am, 2B is approval of today's summary agenda
as amended.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER: Ex parte. Commissioner Henning?
COMMISSIONER HENNING: None.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: Yes. I have read the staff report
and had a number of meetings on Item 17C, which is the Living
World Family Church MPUD item.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: I've read the staff report dated
8/15/13 on Item No. 17C.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I have also read that as well as
talked with staff just a little bit about this. And just for declaration, if
nothing else, my son goes to that church, so I don't know if that makes
a difference, but anyway.
CHAIRWOMAN HILLER: Thank you. I also have reviewed
the staff report for Item 17C, and I have no other disclosures.
May I have a motion and a second?
COMMISSIONER HENNING: So moved.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: With a motion and a second on the
table and there being no discussion, all in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
Page 6
October 22, 2013
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #2C
APPROVAL OF TODAY'S REGULAR AGENDA AS AMENDED
— APPROVED AND/OR ADOPTED W/CHANGES
MR. OCHS: Item 2C is approval of today's regular agenda as
amended.
COMMISSIONER HENNING: So moved.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: We have a motion and second. Any
discussion?
(No response.)
CHAIRWOMAN HILLER: There being no discussion, all in
favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Page 7
Proposed Agenda Changes
Board of County Commissioners Meeting
October 22,2013
Add-On Item 14A5: Recommendation to authorize the Chairman to execute the attached
Resolution authorizing signature of Joint Participation Agreement No.AR734 with the
Florida Department of Transportation to accept a grant offer in the amount of$14,296 for
the Design and Construction of the South Taxiway at Everglades Airpark,and to authorize
associated budget amendments. (Staffs request)
Withdraw Item 16B2: Recommendation that the Collier County Board of County
Commissioners(BCC) acting in its capacity as the Collier County Community Redevelopment
Agency(CRA) approve the attached amendment#01 to the previously approved funding
agreement between the CRA and the South Florida Water Management District(SFWMD)
which extends the performance period outlined in Exhibit B1: Payment and Deliverable
Schedule. (Staffs request)
Continue Item 16F2 to the November 12, 2013 BCC Meeting: This item continued from
the October 8,2013 BCC Meeting. Recommendation to approve an amendment to the
Tourism Travel Expense Resolution 2006-40 related to County Purchasing Card limits
consistent with the County Purchasing Policy and make a finding that this item promotes
tourism. (Commissioner Nance's request)
Move Item 16K4 to Item 12A: Recommendation that the Board adjust its Public
Speaker practice by(1) Public Comment should be relocated back to the end of the Regular
Agenda; (2) Whenever practicable,agenda items that are expected to generate substantial
public comment shall be staggered over multiple meetings; and (3) Should there be large
groups or factions at the meeting,the chair may allow a representative of each group or
faction to address the Board on a proposition before the Board,rather than all members of
such group or faction,but shall give such representative a minimum of 15 minutes to
address the Board. (Commissioner Nance,Commissioner Coyle and Commissioner Fiala's
separate requests)
Note:
Item 14A3: The FAA Funding amount in the table should read: $6,754,362 NOT
$6,754,262. (Staffs request)
Item 16D13: A scrivener's error is noted as this is Amendment No.271; and the companion
item reference should read 16D-1412. (Staffs request)
10/22/2013 8:36 AM
October 22, 2013
Item #2D
MINUTES FROM SEPTEMBER 19, 2013 BCC/BUDGET
MEETING — APPROVED AS PRESENTED
MR. OCHS: Item 2D is approval of the minutes of the BCC
budget hearing held on September 19, 2013.
CHAIRWOMAN HILLER: May I have a motion and a second?
COMMISSIONER NANCE: Move approval.
CHAIRWOMAN HILLER: May I have a second?
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER: There being no discussion, all in
favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #2E
MINUTES FROM SEPTEMBER 24, 2013 BCC/REGULAR
MEETING — APPROVED AS PRESENTED
MR. OCHS: Item 2E is approval of the BCC regular meeting
minutes from September 24, 2013.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER NANCE: Second.
Page 8
October 22, 2013
CHAIRWOMAN HILLER: With a motion and a second, any
discussion?
(No response.)
CHAIRWOMAN HILLER: There being no discussion, all in
favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #2F
MINUTES FROM OCTOBER 1, 2013 BCC/ADVISORY BOARD
REVIEW/MUSEUM MARKETING AND EVENT
PROMOTION/ENTERPRISE ASSET MANAGEMENT
WORKSHOP — APPROVED AS PRESENTED
MR. OCHS: And Item 2F is approval of the minutes from the
October 1, 2013 Board of County Commissioners' workshop.
CHAIRWOMAN HILLER: May I have a motion?
COMMISSIONER HENNING: So moved.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: With a motion and a second, any
discussion?
(No response.)
CHAIRWOMAN HILLER: There being no discussion, all in
favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
Page 9
October 22, 2013
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #3A
SERVICE AWARDS — EMPLOYEE — 20 YEAR ATTENDEES
MR. OCHS: Commissioners, that takes us to Item 3, service
awards. If you'd join us, please, in front of the dais.
Commissioners, we have the opportunity this morning to
congratulate and recognize several employees with many years of
outstanding county service.
Our first awardee is celebrating 20 years of service with our
facilities management department, Dave Holmes. Dave?
(Applause.)
COMMISSIONER HENNING: Good to see you.
MR. HOLMES: Thank you.
COMMISSIONER NANCE: Thank you, sir.
CHAIRWOMAN HILLER: Congratulations.
COMMISSIONER FIALA: It's wonderful that everybody
followed you up here. Thanks for all your service.
COMMISSIONER COYLE: Congratulations.
MR. HOLMES: Thank you.
MR. OCHS: Don't stand in the way.
MR. HOLMES: Sorry.
CHAIRWOMAN HILLER: Otherwise, you won't see us.
MR. OCHS: Congratulations, David.
(Applause.)
Page 10
October 22, 2013
Item #3B
SERVICE AWARDS — EMPLOYEE — 25 YEAR ATTENDEES
MR. OCHS: Commissioners, we have three employees
celebrating 25 years of service with county government.
The first recipient with facilities management, Kurt Jokela.
Kurt?
(Applause.)
MR. JOKELA: Good morning.
COMMISSIONER HENNING: Good morning. Congratulations.
COMMISSIONER NANCE: Thank you.
CHAIRWOMAN HILLER: Congratulations.
MR. JOKELA: Thank you, ma'am.
COMMISSIONER FIALA: Thanks so much.
COMMISSIONER COYLE: Congratulations.
(Applause.)
MR. OCHS: Also celebrating 25 years of service with our real
property office, Toni Mott. Toni?
(Applause.)
COMMISSIONER HENNING: Good to see you.
Congratulations.
COMMISSIONER NANCE: Thank you.
CHAIRWOMAN HILLER: I love your style of boots.
COMMISSIONER FIALA: Thanks for all you do.
MS. MOTT: Thank you.
MR. KLATZKOW: Congratulations.
(Applause.)
MR. OCHS: Also celebrating 25 years of service with county
government this morning, with traffic operations, Victor Philogene.
(Applause.)
Page 11
October 22, 2013
COMMISSIONER HENNING: Good to see you.
COMMISSIONER NANCE: Thank you very much.
CHAIRWOMAN HILLER: Congratulations.
COMMISSIONER FIALA: Thank you so much for all your
work.
COMMISSIONER COYLE: Congratulations.
COMMISSIONER HENNING: There's a guy with another
camera. All you can see is a sea of pink.
(Applause.)
Item #3C
SERVICE AWARDS — EMPLOYEE — 30 YEAR ATTENDEES
MR. OCHS: And our final service award this morning,
Commissioners, recognizing 30 years of service with county
government, from operations and regulatory management, Wanda
Warren. Wanda?
(Applause.)
COMMISSIONER HENNING: Thank you so much.
COMMISSIONER NANCE: Thank you.
CHAIRWOMAN HILLER: I just have to share one thing. I
pulled my first Collier County permit with Wanda, and it was
exceptional customer service, and I remember it from so many years
ago. Thank you so much.
COMMISSIONER COYLE: Good morning. Thank you very
much.
CHAIRWOMAN HILLER: Congratulations.
MS. WARREN: Thank you.
MR. OCHS: Fantastic.
(Applause.)
Page 12
October 22, 2013
COMMISSIONER FIALA: You know, Leo, after all these
years, I feel like a mother hen because that's my flock.
MR. OCHS: I know. These guys travel better than the
Pittsburgh Steelers, I think, you know.
Commissioners, that concludes our service awards this morning.
Thank you, all.
(Applause.)
CHAIRWOMAN HILLER: County Manager, while the room is
clearing out, can we agree to a time-certain for the court reporter to
have a break? And could Mr. Durham please be responsible for
announcing when break-time arrives so it's respected. And similarly
in the afternoon, if we could establish a time-certain for the afternoon
so the court reporter has relief.
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: And, again, have Mr. Durham
announce it.
COMMISSIONER HENNING: This afternoon?
CHAIRWOMAN HILLER: Well, I know you expect to leave by
lunch, but just in case, I'm being conservative.
MR. OCHS: Okay. 10:20?
MR. DURHAM: 10:20?
CHAIRWOMAN HILLER: What time will that be at?
MR. OCHS: 10:20, ma'am.
CHAIRWOMAN HILLER: 10:20, okay. Is that okay for you?
MR. OCHS: You want to go 10:30, 10:20?
CHAIRWOMAN HILLER: What's your preference? Would you
prefer 10:20 to 10:30, or 10:30 to 10:40?
THE COURT REPORTER: Whichever is easiest.
MR. OCHS: Let's make it 10:30. We'll make her work an extra
10 minutes.
CHAIRWOMAN HILLER: And let me just say this, we will
Page 13
October 22, 2013
give you whatever you want provided you bring gluten-free brownies
next time. If you don't, no discussion. No break.
COMMISSIONER FIALA: Wait a minute. Speak for yourself.
CHAIRWOMAN HILLER: The room is almost cleared out.
Item #4A
PROCLAMATION DESIGNATING OCTOBER 25, 2013 THE
14TH ANNUAL RED WALK IN CELEBRATION OF RED
RIBBON ACTIVITIES. ACCEPTED BY AMANDA CUBBIN,
READING COACH WITH LELY ELEMENTARY SCHOOL AND
CRAIG GREUSEL, PROJECT DIRECTOR, RED RIBBON WEEK —.
ADOPTED
MR. OCHS: Madam Chair, that takes us to Item 4A this
morning on your agenda. It's proclamations. This is a proclamation
designating October 25, 2013, as the 14th Annual Red Walk in
celebration of red ribbon activities, to be accepted by Amanda Cubbin,
reading coach with Lely Elementary School, and Craig Greusel,
project director, Red Ribbon Week.
This item is sponsored by Commissioner Fiala. If you'd please
step forward and receive your proclamation.
(Applause.)
COMMISSIONER FIALA: While they're coming up, Leo, let
me tell you, oh, when they get the kids going on Red Ribbon Week --
and I like to go every year -- it's so cute, because they all know the
songs, and they all know the drug-free things, and it's wonderful the
way you guide these kids to their future life.
Thank you for all you do.
MS. CUBBIN: Thank you. Thank you.
COMMISSIONER FIALA: Let me shake your hand.
Page 14
October 22, 2013
MS. CUBBIN: Thank you.
COMMISSIONER COYLE: Congratulations.
MS. CUBBIN: Thank you.
COMMISSIONER COYLE: Thank you for the work you do.
CHAIRWOMAN HILLER: Congratulations.
MS. CUBBIN: Thank you.
COMMISSIONER HENNING: Let's pray for cooler weather,
huh?
MR. GREUSEL: Yeah, it's going to be a nice night. So 8:30
we'll see you-all?
MR. OCHS: Madam Chair, if I could --
COMMISSIONER HENNING: Move to approve the
proclamation as presented.
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: There being no discussion, all in
favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS
MR. OCHS: Commissioners, that takes us to Item 10 on --
excuse me, Item 7 on your agenda this morning, public comments on
general topics.
MR. MILLER: We have two registered public speakers for
Page 15
October 22, 2013
public comment. First is Joe Moreland. He'll be followed by Bob
Krasowski.
MR. MORELAND: Good morning, Commissioners.
COMMISSIONER FIALA: Good morning.
MR. MORELAND: For the record, Joe Moreland appearing
before you today as the president of the Estuary Conservation
Association. And it's one of those rare occasions which, seldom if I
come before you, you can be pretty sure what the topic is.
But this is an opportunity to say thank you very sincerely for an
awful lot of people who have been involved and appreciative of your
efforts in allowing funding, supporting, and now implementing and its
total completion, the Wiggins Pass estuarial.
We are sponsoring, this coming Saturday -- and I put papers
before you on the desk, and I'd also sent these to you via email. But
this is an invitation -- thank you.
This is an invitation that is very sincerely issued to each and
every one of you, and it's more than that. It's a very important thing to
many of those who work so hard in getting this accomplishment that
would not, again -- now I'm being redundant -- could not have been
possible.
I remind you, with an editorial comment, that there are few
occasions when I've been here where I've seen unanimity with a smile
from every one of the members of the County Commission, and that
represents that fine day that will live with a lot of us who worked on
this when you voted unanimously to support that project and support
(sic) it.
The purpose of this --
CHAIRWOMAN HILLER: So what you're saying is that we
really only need one commissioner instead of five if we're so
unanimous?
COMMISSIONER COYLE: Yes.
Page 16
October 22, 2013
CHAIRWOMAN HILLER: Just saying.
MR. MORELAND: I think you've struck on something. But,
you know, we'd probably go to a civil war to figure out who the one
was, right?
CHAIRWOMAN HILLER: Good point.
MR. MORELAND: The Saturday event is -- the theme of it is
really to celebrate man and nature, and that's an important little phrase
because, if you recall, this project was in progress for almost five
years. It started out with -- it was almost unanimity in opposition to
the dredging of Wiggins Pass.
It became driven by the very fact that, legally, it was the
obligation of the county to maintain that pass for safe navigation. It
was a commitment that was voluntarily made, but it is one you cannot
necessarily voluntarily get out of. It was costing you money, it was
causing difficulties.
I will move quickly.
The celebration we have is not public; it's private, but we will
have almost 200 people there by invitation. It's important to all of us
that those of you who can attend come. I'm happy to say that the
chairwoman will be a principal speaker at that, and we would really
appreciate the rest of you taking the time to come so that we can all
say thanks to you in a very special way.
CHAIRWOMAN HILLER: So what Joe is trying to say is he
wants all the commissioners to be there to commemorate this event,
and he would like to recognize all of you for your positive support and
to announce that our decision has resulted in a community-wide
success.
So if you can be there, we would really love to see you.
COMMISSIONER NANCE: Are people going to dunk you in
the pass?
CHAIRWOMAN HILLER: No. No, actually, they were going
Page 17
October 22, 2013
to dunk you, so you better be there.
MR. MORELAND: You'll be VIPs, and you'll be taken on the
special --
CHAIRWOMAN HILLER: You've got to come.
MR. MORELAND: -- boat for a passenger's view --
CHAIRWOMAN HILLER: It's really going to be a great event.
It's on Saturday, October 26th, from 11 a.m. to 2 p.m. at the Pelican
Isle Yacht Club, and there will be a boat parade at 11 a.m., then there
will be remarks by, hopefully, all the commissioners and some
representatives from the state, and then there will be refreshments.
Attire is casual. There will be visit boats on display by local vendors,
boating, fishing, kayaking, canoeing, and you can meet all the
businesses that call Wiggins Pass Estuary their home and see what
Wiggins Pass Estuary has to offer, which is really magnificent.
MR. MORELAND: You did a beautiful job, Madam
Chairwoman.
CHAIRWOMAN HILLER: Thank you. Well, just keep
emailing these guys, okay. Make them feel guilty so they're sure to
come.
Thanks for everything, Joe. You've done a great job.
MR. MILLER: Your final pubic speaker under public comment
is Bob Krasowski.
MR. KRASOWSKI: Good morning, Commissioners.
At the last meeting, October 8th, I was over there and made some
comments regarding your intention to move forward with the contracts
for the beach renourishment.
I'll say the beach renourishment is ongoing at certain sections,
and it looks real good, and it seems to be working fairly well, and
that's great. There are some issues.
The issue I brought up last time was that there was a petition for
a hearing in front of an administrative judge. And I asked if Nick
Page 18
October 22, 2013
could clarify what the situation was, because I was a bit confused, but
there might have been a miscommunication.
But under the -- what I understand to be the rules of the
procedure, that you can't approve contracts when there's a petition
alive or open. And the contract for the Pelican Bay segment being
included with the Vanderbilt Beach section should be adjusted to be
an either/or, both, when this happens or that happens.
You know, you can accommodate it, well, you should, because
there is a potential the Pelican Bay sand will have to be delivered in a
different way, different method, or accommodations will have to be
made at the public access for handicap or whatever, those issues that
are going before a judge on December 2nd or maybe early in
November. We've requested it be made earlier so it will be less likely
to cause any disruption. But, you know, once those things get set,
they get set.
So I wanted to mention that and bring that to your attention
again, as I did last time, so you know what's going on. So you might
have to do something about it.
Then the other thing is, I've been monitoring the nest on
Vanderbilt Beach, see how the operation works, and to -- I videotaped
the condition that the beach is in. Even though they tried to smooth it
out afterwards, there are a lot of ruts, and it really doesn't meet the
requirements of Section 24 of the petition. And actually -- actually, it
would be, not Section 24, but in the major petition, because Section 24
comes out of the Pelican Bay petition -- application for the project.
But on the Pelican -- on the Vanderbilt Beach section where
there's one nest remaining, there's all sorts of ruts and tire tracks and
stuff. And I've mentioned it to the project director. They could, after
they've finished their final leveling, go out there with a rake, and that's
what I've been doing for the last two nights. But I videotaped the
before and the after. And to me, it's a violation of the contract.
Page 19
October 22, 2013
And I think you should get your people on it. It's just a simple
matter of spending 15 minutes raking and making a nice, level path.
That's my time. I've pretty much said everything I have to say.
CHAIRWOMAN HILLER: Thank you.
MR. OCHS: Commissioners, that takes you to Item 10 on your
agenda this morning, Board of County Commissioners.
Item #10A
RESOLUTION 2013-247:REAPPOINTING JEFFREY S. CURL
(PHASE II CATEGORY) TO A TERM EXPIRING OCTOBER 13,
2017 TO THE GOLDEN GATE ESTATES LAND TRUST
COMMITTEE — ADOPTED
Item 10A is appointment of member to the Golden Gate Estates
Land Trust Committee. Committee recommendation is to reappoint
Jeffrey Curl.
COMMISSIONER NANCE: I move we appoint -- reappoint Jeff
Curl.
COMMISSIONER FIALA: Second.
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #10B
Page 20
October 22, 2013
RESOLUTION 2013-248:APPOINTING GARY MCNALLY
(CONSUMER CATEGORY) TO A TERM EXPIRING JUNE 30,
2016 TO THE CONTRACTORS LICENSING BOARD — ADOPTED
MR. OCHS: Item 10B is appointment of a member to the
Contractors Licensing Board. This is a quasi-judicial board, so there
is no staff recommendation or committee recommendation.
COMMISSIONER HENNING: Move to approve Gary
McNally.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #10C
RESOLUTION 2013-249: REAPPOINTING N. REX ASHLEY (A
TERM EXPIRING MAY 15, 2017) AND TIMOTHY J. REIDY (A
TERM EXPIRING JULY 28, 2017) TO THE HEALTH FACILITIES
AUTHORITY — ADOPTED
MR. OCHS: 10C is appointment of members to the Health
Facilities Authority.
COMMISSIONER HENNING: Move to approve Rex Ashley
and Timothy Reidy.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: All in favor?
Page 21
October 22, 2013
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #10D
RESOLUTION 2013-250: APPOINTING ARTHUR E.
DOBBERSTEIN (TRANSPORTATION CATEGORY) TO A TERM
EXPIRING JULY 16, 2014 TO THE PUBLIC TRANSIT AD HOC
ADVISORY COMMITTEE — ADOPTED
MR. OCHS: 10D is appointment of member to the Public
Transit Ad Hoc Advisory Committee.
COMMISSIONER FIALA: I move to approve Arthur
Dobberstein.
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #10E
RESOLUTION 2013-251 : REAPPOINTING REG BUXTON
(BUSINESS/INDUSTRY), WALTER R. JASKIEWICZ (COAST
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October 22, 2013
GUARD AUXILIARY), MIKE JONES (SHERIFF'S OFFICE)
JERRY SANFORD (FIRE CHIEF'S ASSOCIATION), DR. JOSEPH
B. NEIWEEM AND APPOINTING LISA CARR (COUNTY RSVP
COORDINATOR APPOINTEE) WITH ALL TERMS EXPIRING
NOVEMBER 5, 2017 TO THE COLLIER COUNTY CITIZENS
CORPS — ADOPTED
MR. OCHS: 10E is appointment of members to the Collier
County Citizens Corps.
COMMISSIONER HENNING: Move to approve Rex Buxton,
Lisa Carr, Walter Jaskiewicz, Jerry Sanford, and Mike Jones.
CHAIRWOMAN HILLER: I'll second that.
All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: (No verbal response.)
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #10F
RESOLUTION 2013-252: REAPPOINTING RENATO F.
FERNANDEZ (A TERM EXPIRING OCTOBER 27, 2017)TO THE
RADIO ROAD EAST OF SANTA BARBARA BOULEVARD TO
DAVIS BOULEVARD MSTU ADVISORY COMMITTEE —
ADOPTED
MR. OCHS: 1 OF is appointment of member to the Radio Road
East of Santa Barbara Boulevard to Davis Boulevard MSTU --
COMMISSIONER FIALA: Excuse me, on that last one, we left
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October 22, 2013
one name out, which was Joseph -- I don't know how to pronounce it.
COMMISSIONER HENNING: Well, it was appoint six
members, or five members. No, actually six members.
COMMISSIONER FIALA: And reappoint -- oh, I see. One --
appoint one member and reappoint five members.
COMMISSIONER HENNING: Oh, okay. I missed that.
COMMISSIONER FIALA: Yes.
COMMISSIONER HENNING: Then I make a motion to include
Joseph Nieweem.
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: So we have an amended motion and
an amended second.
All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. OCHS: Commissioners, that takes you to Item 11, County
Manager's report.
CHAIRWOMAN HILLER: What about 10F?
COMMISSIONER HENNING: We need to --
MR. OCHS: I'm sorry.
CHAIRWOMAN HILLER: 1OF is the appointment of member
to the Radio Road East of Santa Barbara Boulevard.
MR. OCHS: Yes, ma'am. I'm sorry.
COMMISSIONER HENNING: Move to approve Renato
Fernandez.
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: All in favor?
Page 24
October 22, 2013
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #1 1 A
RECOMMENDATION TO AWARD INVITATION TO BID #13-
6151 IN THE AMOUNT OF $1,669,994.80 TO ADJ EXCAVATING
OF FLORIDA, INC., TO REPLACE WATER MAINS ON 93RD
AND 94TH AVENUES NORTH, UNDER PROJECT NUMBER
71010 — APPROVED
MR. OCHS: 11A is a recommendation to award Invitation to
Bid No. 13-6151 in the amount of$1,669,994.80 to ADJ Excavating
of Florida, Incorporated, to replace the water mains on 93rd and 94th
Avenues North under Project No. 71010. Mr. Tom Chmelik, your
public utilities planning and project management director, is --
CHAIRWOMAN HILLER: Does the board have any questions
on this item?
COMMISSIONER HENNING: No, ma'am.
CHAIRWOMAN HILLER: If not, then the only thing I would
just briefly ask Tom to explain is how beneficial this project is going
to be to that community, and without going into a presentation, please.
MR. CHMELIK: Okay. Very good. Tom Chmelik, for the
record.
Commissioners, this is a very important project to this portion of
the community. It's really the oldest area that we have for our water
infrastructure.
Page 25
October 22, 2013
CHAIRWOMAN HILLER: And could you define the
community, please?
MR. CHMELIK: Yes, for Naples Park, I'm sorry.
CHAIRWOMAN HILLER: Thank you.
MR. CHMELIK: And it represents 20 streets in this area.
You've already approved the rehabilitation of water mains on two of
those streets, and these are the next two. We'll be coming back in '15
for subsequent for 10 years to rehabilitate this whole area.
But it's oldest pipe. We have a lot of breaks in this area. It's just
time for it to be replaced, and that's the program.
CHAIRWOMAN HILLER: Thank you. I'd like to make a
motion to approve as presented.
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: We have a motion and a second.
There being no further discussion, all in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously. And
thank you very much.
MR. CHMELIK: Thank you very much.
CHAIRWOMAN HILLER: And it is my district, and I'm very
happy to see these pipes being replaced for the benefit of those
residents.
MR. CHMELIK: Absolutely. We're excited about doing the
project. Thank you.
Item #11B — Discussed; tabled to later in the meeting
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October 22, 2013
RECOMMENDATION TO REVIEW AND APPROVE THE
PROPOSED COLLIER COUNTY 2014 STATE LEGISLATIVE
PRIORITIES — DISCUSSED
MR. OCHS: 11B is a recommendation to review and approve
the proposed Collier County 2014 state legislative priorities.
Debbie Wight, your legislative affairs coordinator, will present.
MS. WIGHT: Good morning, Commissioners. Debbie Wight,
legislative affairs coordinator.
The Collier County legislative priorities, there are quite a few
new ones this year because of issues that have become relevant over
2013.
Each year, prior to the start of the 60-day legislative session,
which begins in 2'14 on March 4th and ends May 2nd, staff prepares a
draft list of legislative priorities for consideration and subsequent
approval by the board.
Then a designee from the Board of County Commissioners will
present the approved priorities at the Collier County legislative
delegation meeting to be held November 26th here in the boardroom,
and that is your decision who will present.
Anyway, you've got your priorities. There's 25 of them. Do you
have any questions?
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes. First of all, I don't know if we
have to choose, but I would think that our chairwoman should be the
presenter of these, unless somebody has disagreement with that. I
think that's appropriate.
And the second thing is, as I read through all of them -- and I
talked with staff about each and every one of them -- I thought that
these were excellent topics to bring up to our legislative delegation.
These are all very important to our county and to the surrounding
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October 22, 2013
counties, so I make a motion to approve.
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: Commissioner Coyle, we have a
motion and a second, by the way.
Commissioner Coyle?
COMMISSIONER COYLE: Okay. Well, do you want to take
this -- okay. You're not just approving one item; you're approving the
whole agenda?
COMMISSIONER FIALA: Yes, I was.
CHAIRWOMAN HILLER: Are you okay with that?
COMMISSIONER COYLE: Yes. It's fine, yes, no problem at
all, but I do have a comment.
With respect to beach funding and maintenance, I support that
particular priority, but I would recommend that we broaden our focus
on beach renourishment a bit and begin to pursue legislative action
which would simplify the permitting process for beach renourishment.
I have always advocated that beach renourishment is an ongoing,
regular function in Collier County. It's just like filling potholes on
highways.
When our beaches are damaged in certain areas, we should have
the ability to go out there and fix them now, not spend six months or a
year trying to get a permit from somebody.
And I believe that can be done easily if we focus our attention on
those permitting procedures that result in great delay for us.
Just as an example -- and nothing much changes about the
environment from day to day. You do an environmental assessment,
and the environment assessment is going to be valid for probably
years. There's nothing that really changes with respect to current flow
or drift of sand.
None of these things change much, but every time we want to
have a beach renourishment project, we're told that it will take months,
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October 22, 2013
if not years to get the permit.
So I think we need to put an end to that and include this not only
on our state legislative agenda but on our federal legislative agenda.
MS. WIGHT: Commissioner, for your information, we heard
you loud and clear when you said this a few years ago. And on that
note, Gary McAlpin and Keith Arnold's staff brepico (phonetic) met
with Governor -- I'm sorry, I'm nervous.
COMMISSIONER FIALA: Scott.
MS. WIGHT: -- Governor Scott and DEP secretary, Herschel
Vinyard, and City Council Mayor, John Sorey, and that was April 15,
2011.
A bill has since been passed, because the DEP was very
agreeable to simplifying the permitting. And we have simplified it
somewhat; however, it has a ways to go. And it's been a continuous
project.
COMMISSIONER COYLE: Yeah. I remember those meetings,
and I remember all that. But we're still running into those problems
today.
MS. WIGHT: Understood.
COMMISSIONER COYLE: We clearly haven't solved the
problem.
MS. WIGHT: Right.
COMMISSIONER COYLE: So we need to -- it's not included in
our legislative agenda. I think it should be included in our legislative
agenda because we've got a lot more work to do, and we've got work
to do with the federal authorities also.
MS. WIGHT: I agree.
COMMISSIONER COYLE: Okay.
MR. OCHS: Commissioner, thank you.
COMMISSIONER FIALA: What do we need to do to add that?
MR. OCHS: You just did. If the board has given me consensus,
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October 22, 2013
we will add that as part of this issue.
COMMISSIONER COYLE: And could I add one other item
before my time expires? It relates to gaming. We don't really know
what is going to happen with gaming this year or next year or the year
after that. We're saying we want to retain the current agreement with
the Seminole Casino for 3 percent local government share of gaming
proceeds.
I would just recommend that we make that a more general
statement and say we want 3 percent of gaming proceeds for whatever
gaming is allowed in Collier County.
If the state terminates -- or the Seminole tribe terminates the
agreement because the state broadens the gambling opportunities in
the state, we would like to have a portion of that gaming revenue for
the county, because there is no other way to have those gaming
organizations contribute to the maintenance of infrastructure in Collier
County.
And if gaming is going to be successful, it means they're going to
attract more people and more vehicles. We have to be prepared to
maintain the infrastructure to support those things.
So I would just suggest we make this a fairly general thing that
doesn't necessarily focus on the existing 3 percent share but on a 3
percent share for any future gaming revenues for Collier County.
And that completes my observations concerning the legislative
agenda.
CHAIRWOMAN HILLER: Thank you.
Commissioner Nance?
COMMISSIONER NANCE: Yes. I'd just like to mention,
excuse me, three items that are on here just for the public that have, I
think, unique interests for people in Collier County regarding safety
and one of them about our -- one of our major, major industries.
One of the items that we are endorsing through this agenda item
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October 22, 2013
is development of a task force by the legislature concerning inland oil
drilling and fracking, and I think that's especially important to Collier
County since it seems that our resources here are of current great
interest and focus, so that's a very interesting one.
Another one is supporting the development of the public safety
center on Alligator Alley, which is a facility at Mile Marker 63, which
is comparable to the one that Broward County has on the eastern end
of the Alley, and that is to support emergency response along the I-75
corridor and, of course, the supporting operational funding from
Florida Department of Transportation.
And, finally, to support our citrus industry which is under siege
at this time due to citrus greening disease and related operational
problems, the funding of the University of Florida Research and
Education Center in Immokalee.
So I just thought that those were three particular local issues of
interest that should be brought to the attention of the public and on the
record. Thank you.
CHAIRWOMAN HILLER: Thank you.
MR. OCHS: Madam Chair, if I may.
CHAIRWOMAN HILLER: Yes.
MR. OCHS: Commissioner, I'm glad you brought those up,
particularly the public safety station out on Mile Marker 63, because
that probably does bear a little bit more discussion with the board, or
elaboration.
I met with the secretary of the DOT about a month ago up in
Tampa, along with Ms. Price, and they do not want to continue, on a
perpetual basis, the annual funding of the maintenance and operation
of that facility.
We were able, with this board's help and our local legislative
delegation, to get that maintenance portion written into the current
state law. But I know, based on that discussion, they are going to
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October 22, 2013
continue to try to remove that maintenance obligation from DOT,
because they don't believe that that's an appropriate function for the
state agency, and they're concerned about the precedent that that sets
around the state.
Having said that, you know, we have two choices. We can either
dig in and try to hold onto that as long as we can, or we can try to
negotiate an arrangement with the state where they will provide for
that maintenance funding for a period of years sufficient enough to
allow us to work over time to develop alternatives for the ongoing
operation and maintenance costs of that facility, so --
COMMISSIONER HENNING: Well, here's my response to that.
Neither is it worthy to raid the trust -- Transportation Trust Fund for
general government. This service serves the motoring public on
Alligator Alley, a state highway system.
MR. OCHS: I agree with you, sir.
COMMISSIONER HENNING: I mean, that's what -- my
response to Florida Department of Transportation. We agree with
taking funds into the General Fund for, you know, things like
healthcare and things like that. That's not correct. But this is a -- this
is a way to respond to people driving on your roads.
MR. OCHS: Yes, sir.
COMMISSIONER HENNING: It's no different -- I mean, they
have people helping motorists when their car breaks down, okay. So,
I mean, that's paid by Florida transportation.
So, you know, we can argue this point all along, and I think that's
what we need to, with the Florida Department.
Now, did you talk to Billy Hattaway on this item?
MR. OCHS: He was part of the meeting, sir, yes. He has his
orders from the secretary.
COMMISSIONER HENNING: Okay. Well, we need to argue
that with -- at the MPO, and if we need to send a letter to --
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October 22, 2013
MR. OCHS: Yes, sir. And Senator Richter's been very
supportive and very much involved. I'm just indicating to the board
that we have got a fight on our hands with the FDOT leadership up
there.
And the problem is that the facility is underway. They've broken
ground, they've done the site work, and they're going to pay for the
construction and operation in the initial outfitting of that facility here
over the next several months.
The question of ongoing maintenance is the one that they have a
problem with.
COMMISSIONER HENNING: Do you mind if I work on that
with Florida Transportation Department to see where --
CHAIRWOMAN HILLER: Members of the board, do you mind
if--
MR. OCHS: That would be fine.
CHAIRWOMAN HILLER: I think it would be great.
MR. OCHS: But my point, Commissioners, is we are going to
need to come to you probably in the next 30 to 60 days with an
agreement with the state before the legislative session on how we're
going to try to proceed long term with maintenance and operations, or
we're going to have a fight like Mr. Arnold and I had on our hands last
session to try to keep FDOT from amending that legislation to
eliminate ongoing annual maintenance and operation costs, and then
we're left, essentially, holding the bag.
So we would like to keep the dialogue going and see if we can
lock in their funding of our maintenance and operation of that facility
for several years while we then look at potential alternatives.
Perhaps, Commissioner, including some kind of a surcharge on
tolls along that alley, because our neighbors in Broward County are
having the exact same problem funding their annual maintenance and
operation of the public safety facility on their count.
Page 33
October 22, 2013
COMMISSIONER NANCE: Madam Chair, if I --
CHAIRWOMAN HILLER: Hang on a second -- one second.
Commissioner Coyle was next, and I don't know if he wants to speak
to this.
Commissioner Coyle?
COMMISSIONER COYLE: No. I'd just say that I fully agree
with Commissioner Henning on this. Health, safety, and welfare of the
motoring public on state and federal highways is clearly a
responsibility of the Department of Transportation, and there should
be a way that they should be paying for that sort of thing, and it should
not be delegated to us.
But I did have -- once you finish with this discussion --
CHAIRWOMAN HILLER: We'll go back to you.
COMMISSIONER COYLE: Okay.
CHAIRWOMAN HILLER: I just want to say, this is very much
something that the Florida Association of Counties needed to lobby on
behalf of all the counties that are affected in a similar fashion. We
have our lobbyist. I don't know if you wanted to comment to this,
Keith. I've got two commissioners that would like to speak, but
maybe you'd like to comment before they --
MR. OCHS: Keith, this is the Mile Marker 63 issue.
Commissioners, my concern -- while Keith is coming to the
podium -- is if we draw that hard line in the sand and it becomes a --
you know, an all-or-nothing proposition. So if they go to the
legislature this spring and are able to successfully change that
legislation and we don't have an alternative or we don't have a four- or
five- or seven-year window where they agree to maintain that
operating allocation, until we work out some alternative in the out
years, we may end up next year having to face those maintenance and
operation costs here locally.
CHAIRWOMAN HILLER: How much are we talking about?
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October 22, 2013
Do you have any idea? Have you estimated it?
COMMISSIONER NANCE: A lot of money.
MR. OCHS: Well, it's probably 1.3 million a year.
Keith?
MR. ARNOLD: Thank you, Madam Chairwoman.
I just, actually, passed Mile Marker 63 this morning coming from
Miami, where I had meetings yesterday. The line's in the sand.
There's construction going on this morning. The state is actively
building on both sides of the interstate on Mile Marker 63, rest area
stop on one side and the emergency service center and a rest area on
the other side.
So they are keeping up with their part of the bargain, if you will,
in building the facility. I don't know when the current suggested
completion date is. There's a sign out there on the side, and I couldn't
read it as I was rushing here to try to make this meeting on time.
Nevertheless, I think that DOT is concerned about the
precedent-setting nature of this. They don't have any operations in the
state of Florida anywhere where they maintain and provide for the
ongoing operational needs of an emergency service crew, be that EMS
or law enforcement.
From my standpoint, though, and from your standpoint, when we
worked on this several years ago and had it inserted in legislation that
DOT would, indeed, pay for this, they would pay for the construction
and they would pay for the operation, it came down to one issue, and
that's what Commissioner Coyle referenced earlier, and it deals with
human lives.
The loss of life out on Alligator Alley has been significant over
the course of the last several years. We shouldn't be in a dispute, an
intergovernmental dispute among -- about who has that responsibility
of protecting those lives.
And I also believe that the Florida Highway Department has a
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October 22, 2013
need, a need for a service station on Alligator Alley, and this could
serve that purpose. And so we might be able to work out a joint-use
agreement.
I think it's also --
CHAIRWOMAN HILLER: How many counties actually benefit
from the presence of that station on the Alley?
MR. ARNOLD: There's only two counties that are affected
directly; one is Collier and the other's Broward. Broward has built an
emergency service center on their side of the Miccosukee Indian
reservation, and we had not.
And keep in mind, one of the reasons we did not is because that
area was serviced by the Ochopee Fire District which barely had
enough resources for its own emergency service needs in Everglades
City, Chokoloskee, and Ochopee. And so they couldn't make it to the
Alley in time to serve that population.
Having said that, the state has noted the Ochopee Fire District is
a dependent district, dependent on your authority, and so they've
asked us to participate.
What County Manager Ochs has talked about as a five- to
seven-year window, we believe that is very reasonable and, certainly,
we would want to work -- if that's where you're ultimately headed as a
commission, we think that's something that we could work out with
FDOT.
Commissioner?
COMMISSIONER COYLE: Madam Chair?
CHAIRWOMAN HILLER: Yeah. Hang on a second.
Commissioner Fiala and Commissioner Nance and then
Commissioner Henning, and then back to Commissioner Coyle. I'm
keeping track here.
Go ahead, Commissioner Fiala.
COMMISSIONER FIALA: Thank you very much.
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October 22, 2013
I always figured that the taxes -- or the tolls that they collect on
Alligator Alley were for the safety of the people traveling the Alley
and also for the maintenance of it. That cash cow was paid off years
and years and years ago, and I would suggest that that -- those same
dollars, rather than taking it out of transportation dollars, be taken out
of the toll dollars and pay for it, understanding that it is protecting the
people who are traveling the Alley.
MR. ARNOLD: We think that that's a reasonable proposition.
The Alley has a $3 toll. It used to have the $2.50. It's just recently
gone up in the last year, 18 months or so. And so we do believe the
resources are there to provide, not only for the maintenance, but the
protection of the individuals who travel that highway.
And to your point, Commissioner Hiller, there's two counties
directly affected. There's 65 other counties indirectly affected. And
so it's a state resource for all Floridians, and I think FDOT has a
responsibility to partner with us. That's the argument we've always
made.
CHAIRWOMAN HILLER: Which is exactly where I was going.
MR. OCHS: Commissioners, I should tell you that the state does
not fund operation and maintenance of the Broward County facility.
CHAIRWOMAN HILLER: And we should be treated the same
way as them, and their position --
COMMISSIONER FIALA: They don't pay.
CHAIRWOMAN HILLER: Let me finish -- and their position
should be changed to properly be funded by the state.
MR. OCHS: Oh, and they're very interested in that, as you might
suspect, and that's part of what has the state concerned.
CHAIRWOMAN HILLER: Yeah, it's a state road.
Commissioner Nance?
COMMISSIONER NANCE: Yes. Well, one thing that's
constantly discussed -- and everybody should be aware that they
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October 22, 2013
constantly discuss it -- Broward County pays for theirs, but we have --
they have a tax base there of 4 to 5 million people. You know, we're
talking about the same level of service over here on this segment of
the road that's to be supported by barely -- you know, slightly more
than 300,000 people. So there's a substantial difference -- for the
interstate highway system on a segment that is a toll road that's paid
for by the users, I think, you know, the required safety should be
funded by the people that use that road. And I don't think there's any --
I mean, it's clear to me. But it is a very important facility. It's very
remote out there. You have a lot of single-car accidents that, you
know, if it wasn't for the infrastructure that's been placed out there in
recent years, you know, those accidents would go unknown for hours
or perhaps even days or weeks.
So it's very necessary, but I think it's very important, and I would
certainly support designating Commissioner Henning as our liaison to
Secretary Hattaway and to FDOT if he generously wants to do that.
CHAIRWOMAN HILLER: With our lobbyist, Keith Arnold.
MR. OCHS: Commissioners, we agree with all the statements
and the arguments that have been made.
My job is just to bring you up to speed on what's going on with
FDOT and the conversations I've had, so that's why I'm raising this. I
think this is the appropriate time to talk about it.
We're going to have to make some commitment either to fight or
to make some kind of a concession in the next 60 days so they know
and we know who's going to be responsible going forward for this
maintenance and operation. And I understand the argument.
COMMISSIONER HENNING: We'll come back.
MR. OCHS: Very good.
CHAIRWOMAN HILLER: Commissioner Henning, did you
want to speak? It's your turn.
COMMISSIONER HENNING: No. I'm fine working with
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October 22, 2013
Keith.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: I think we've heard a number of
good reasons why FDOT should change their mind.
Keith, years ago when there were a number of robberies and
murders at the rest stops on our interstate highways, didn't the state
step in and provide security for those rest stops?
MR. ARNOLD: That's correct. That was a gubernatorial
ordered security measure done on an emergency basis, and they did,
indeed, pay for the cost of that.
COMMISSIONER COYLE: Correct.
CHAIRWOMAN HILLER: Wasn't it Michael Jordan's father
who was murdered --
COMMISSIONER COYLE: It was.
CHAIRWOMAN HILLER: -- at one of those rest stops?
COMMISSIONER COYLE: Yes, it was.
Another point is that this is not something that necessarily
benefits just Broward and Collier County. There are people traveling
on that highway who are international tourists, visitors to Florida,
people who are bound for other locations other than Collier County
and Broward. And I think it is a state responsibility, particularly since
it is a toll road, that they provide for this kind of health and safety
benefit.
And then just my previous point, I'd like to go back to the oil
drilling and fracking issue. I ran across a Reuters report just recently
written within the past week. It contained an interview of a property
owner, perhaps several property owners in Collier County, who were
shocked to find out that their community did not own the mineral
rights underneath their homes.
And it raises an issue. I don't think we know who owns mineral
rights where in Collier County.
Page 39
October 22, 2013
CHAIRWOMAN HILLER: I think the property appraiser
knows.
COMMISSIONER COYLE: I don't think he knows, but --
CHAIRWOMAN HILLER: I would hope he does.
COMMISSIONER COYLE: I've asked the owners.
CHAIRWOMAN HILLER: He's supposed to be taxing them --
or not taxing. He's supposed to be collecting taxes based on the
appraisal of the property appraiser.
COMMISSIONER COYLE: Assuming that they have records.
But I've talked with at least one of the owners there, and they don't
have or they don't release a map of their mineral rights in Collier
County.
But it would be, I think, worth our time to find out who owns
mineral rights and where, because the purpose of this article was to
demonstrate how widespread this practice is.
Many developers, when they develop the property, they separate
the mineral rights from the property, and so that allows them to drill in
that area, to exercise their rights to the minerals. And many of the
homeowners have not done the due diligence that would make them
aware of that.
And it's my personal opinion that that is a potential ticking time
bomb for property values for those communities, because once people
understand that drilling can occur in those areas, then the property is
not going to be as valuable as it is now. So it's something that the
board should be aware of, and I think we need to track that a little
more closely and see what we can find out about it.
CHAIRWOMAN HILLER: County Attorney, would you like to
comment on that? Aren't most people put on notice when they acquire
the land that the underlying mineral rights are separately owned?
Wouldn't that show up in the title search?
MR. KLATZKOW: Let me indirectly answer your question,
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October 22, 2013
because there's -- there are a number of levels of inquiry here. One --
let me take my own development as an example, okay. I live in
Indigo Lakes; maybe 400 homes. I have no idea who owns the
underlying OMG rights, oil, mineral, gas rights, but I do know that
we're zoned for residential, not for drilling, so that I don't -- I'm not
concerned that one day we're going to have an oil well in my
particular neighborhood, because that board, through the PUD
process, zoned it, and one of the uses is not for drilling.
The second issue is that I do believe there's a taxation issue here.
The County Manager and I talked about this yesterday, all right. I
know for a fact that when we're doing the tax deeds every year, we get
a number of OMG deeds out there, so they are taxable.
I don't know whether the property appraiser has a handle on this
issue or not.
CHAIRWOMAN HILLER: We've already asked that question.
I actually raised that question a while ago, and the property appraiser
provided information to the County Manager, and I thought that the
County Manager had sent it to the entire board.
MR. OCHS: I did.
CHAIRWOMAN HILLER: One of the questions that I had was,
A, you know, what is taxable out there? And, two, what are we
collecting on what is taxable? And it was my understanding that we
had both responses.
Could you resubmit that to the members of the board so they get
that information?
MR. OCHS: Yes, ma'am. I can tell you briefly that the response
was essentially that we were receiving county government -- not all
taxing agencies -- only about $123,000 annually based on the reported
wells, active wells that the property appraiser had on file.
COMMISSIONER COYLE: Just two observations. My belief
concerning that report is that it includes only those things for which
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October 22, 2013
the property appraiser has definitive proof of the ownership of mineral
rights. And I am saying to you, I do not believe that anybody knows
the location and owner of all the mineral rights in Collier County, and
it's something we should try to find out.
CHAIRWOMAN HILLER: I agree.
COMMISSIONER COYLE: And I -- although a community is
zoned as residential and the mineral rights underneath that community
are owned by someone else, they can drill beneath those homes with
the well site located quite some distance away and, generally, there's
nothing wrong with that, but sometimes there could be problems
associated with that.
So the location of the wellhead is not necessarily indicative of
where they're drawing oil from.
So it's a complex issue, and there are a lot of legal rights here that
we probably don't have any control over. But we should at least
understand the magnitude of the issue, because we should -- we should
work with the property appraiser to make sure that we're getting as
much tax revenue from those lands as we should be.
CHAIRWOMAN HILLER: Pepper Ranch is a property that we
acquired, and I know that with respect to that acquisition, the mineral
rights were not acquired by the county and still are owned by whoever
the owners of those rights are.
COMMISSIONER HENNING: The Starnes property is another
one.
CHAIRWOMAN HILLER: Starnes is the same?
COMMISSIONER HENNING: (Nods head.)
CHAIRWOMAN HILLER: Yeah.
MR. ARNOLD: Chairwoman, if I could comment?
CHAIRWOMAN HILLER: Yeah.
MR. ARNOLD: I do believe Commissioner Coyle is right that
the magnitude in Collier County -- the magnitude of this problem in
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October 22, 2013
Collier is a bit unknown largely because Collier is very unique relative
to this problem.
The county at one time was, essentially, controlled by one
family, the Collier family. And in the '70s and '80s when the family
split up into two different entities, by customary practice neither of
those corporate entities conveyed the oil and mineral and gas rights to
any of the developments which built on their properties, and that has
historically occurred in Collier County for decades.
So going back to the County Attorney's observation, yes, the
neighborhood may be zoned appropriately, but going -- when you go
further back in the title search, if that land was conveyed by either of
the two Collier entities, the chances are that the oil, mineral, and gas
rights did not transfer to that development. And so the problem in
Collier is very unique compared to the other Florida counties that are
dealing with this problem right now.
And with the increase of technology, where you can have a drill
head somewhere at a distance from the neighborhood and then
horizontally go back underneath the neighborhood, it creates a lot of
different issues.
I've met with Commissioner Nance on this. I know it's a very
significant problem in Eastern Collier County. It's going to continue
to be a volatile issue. And I think, because of the uniqueness of how
this county was developed, essentially by one family, the problems
that we're going to have to address are going to have to reflect that
uniqueness.
And it is -- certainly the degree of the problem here in Collier
seems to be far more significant because of the development rights or
the mineral rights which were retained by other corporate entities and,
perhaps, transferred over the years to other subsequent corporations,
but what they probably didn't transfer to were the developments on top
of the ground.
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October 22, 2013
CHAIRWOMAN HILLER: It would really be beneficial, Keith,
if you could come back, maybe working with the County Attorney's
Office, and explain the relationship, legally, between the ownership of
mineral rights and the superimposed developments and say, for
example, take Indigo Lakes and look back at the conveyance deed to
the Indigo Lakes developer and, you know, what that developer
promised with respect to those rights, you know, in terms of access to
those rights, as an example, and bring that back.
Commissioner Nance.
COMMISSIONER NANCE: Yes. I'd like to make one more
comment, and I'll beg the board's consideration on this item. I'd like
to kind of pull something else in, because there's another very major
project in Collier County that impacts us and impacts Collier
taxpayers, something that they see on their TRIM notice every year,
and that is the Big Cypress Basin, the construction of the massive
infrastructure for the Picayune Strand restoration project in the south
part of the county, which is part of the greater Everglades restoration
project.
Now, keep in mind that this is a project not only of local interest,
but state and even federal interest and involvement. It's being done by
the U.S. Army Corps of Engineers.
One of the big issues that's ongoing with that is a similar thing to
this safety facility we're contemplating on Alligator Alley, and that is,
the South Florida Water Management District is requiring Collier
County to pay a substantial portion of the ongoing operation and
maintenance of that massive infrastructure out there.
It is somewhere in the vicinity of$4 million annually that comes
out of the budget of the Big Cypress Basin. The Big Cypress Basin
was created by the legislature to help Collier County deal with its
surface-water-quantity and -quality issues because the basin is
basically the same as our county.
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October 22, 2013
So we tax ourselves each year to handle our own problems with
surface-water management, something everybody this year is
intimately acquainted with, with the recent flooding and high rains
that we had.
But at the same time, South Florida Water Management District
is basically extracting $4 million annually from Collier County tax
dollars to maintain a project that is not just local, but is of state and
federal interest.
So I believe this board has to be very vigilant on what happens
with ongoing operations and maintenance costs because, you know, a
simple analysis will show you in most instances the cost of doing that
in perpetuity dwarf the cost of the infrastructure.
So you can build a beautiful structure or facility, but the
operation and maintenance of it forever is where the real tax dollars
are going. Very important for us to be vigilant on that.
COMMISSIONER COYLE: And that is done without voter
approval.
COMMISSIONER NANCE: Absolutely.
COMMISSIONER COYLE: Voters have nothing to say about it.
COMMISSIONER NANCE: And although it's not on this list of
legislative priorities, perhaps that issue should be added at some point.
I know it's under active discussion, and we should engage our director,
Ms. Koehler, to see what she thinks about that. That's a big struggle in
our county. And the only reason I mention it -- and thank you to the
board for the time -- is that it typically flies under the radar because
it's not something we typically address on this dais.
CHAIRWOMAN HILLER: We have a public speaker, but
before we turn to the public speaker, I just want to remind this board
that when certain members of the board went up to Tallahassee for the
legislative day where the counties meet with the legislators, we, in
conversation with the legislators, got feedback as to -- and Keith, you
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October 22, 2013
-- I believe you were with me at that time when we had this
discussion. We were with Senator Richter, Representative Passidomo,
Representative Hudson, and there were actually a number of other
representatives from the surrounding counties also present at this
lunch.
And what they emphasized was that we should have a
concentrated list and that our lists tend to be too long and that it's
difficult for them to focus their effort on so many items.
And so I think it's important that we prioritize what we present to
them and say, look, these are the items of highest importance, and
while we would like to have these other issues addressed, we
understand you may not necessarily accomplish them, but these are
the things we must get done this session. Because they cannot focus
on everything. They do not have the time to. And it becomes
ineffective when we spread them thin.
So I would like to ask that, while we approve this list, that staff--
do we have time before the hearing to bring this back again? When is
the --
MR. OCHS: Yes.
CHAIRWOMAN HILLER: Then I would like to have staff go
back and literally prioritize and concentrate on what must get done
this session and maybe even -- if we have time, you can bring it back
in this meeting, if you think you have the ability to do it; otherwise,
bring it back at the next meeting so that when I go ahead and present
to the legislators, they completely understand what we are -- you
know, what we feel is urgent and compelling to achieve this year.
And then, of course, you know, we will go up again this year and
work with the legislators on whatever issues, for those of us on the
commission who are involved with FAC, to advance those agenda
items like we did last year. Right?
COMMISSIONER FIALA: Yes. And just as a side-note, I will
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October 22, 2013
be up there -- in fact, Debbie Wight and I will be up there for this
legislative conference, the FAC legislative conference between
November 13th and 15th in Volusia County.
CHAIRWOMAN HILLER: Good.
MR. OCHS: Madam Chair, if it's the board's pleasure, then
perhaps we could table this item. I think the staff, with Mr. Arnold
here, can bring that back perhaps after your discussion on your airport
items and get that taken care of today.
CHAIRWOMAN HILLER: Yeah. I would rather do that, if
that's the -- if that's agreeable.
MR. OCHS: That's why we break them into issues to advocate
and then areas of continuing interest --
CHAIRWOMAN HILLER: Right, right.
MR. OCHS: -- because not all of those have legislative
initiatives --
CHAIRWOMAN HILLER: Exactly. But I think we need to
really boil this down to syrup so that when we're presenting to the
legislators, that we can, you know, add emphasis appropriately.
MR. OCHS: Well, if you'd like to table, Madam Chair --
CHAIRWOMAN HILLER: Yes.
MR. OCHS: -- then we'll bring this back later in the day with
some prioritization recommendations.
CHAIRWOMAN HILLER: Commissioner Coyle, we have one
public speaker.
COMMISSIONER COYLE: Okay. Just a quick --
CHAIRWOMAN HILLER: Yeah, go ahead.
COMMISSIONER COYLE: -- request for guidance on this.
You're right, it's too long. It always has been too long. And if we
could separate it into two categories; one is to focus on specific
legislative measures for this particular session and then have the other
one just an expression of support concerning general issues.
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October 22, 2013
And if they're considering another piece of legislation that we
haven't anticipated, they will know what our position is on those other
issues, but they don't have to spend a lot of time working on that stuff
if it's not already being contemplated.
CHAIRWOMAN HILLER: County Attorney?
MR. KLATZKOW: Land-use regulation is a local government
function. You've asked my office to work with staff to bring back
LDC proposals with respect to oil drilling. Would you like us to hit
this issue as well as far as horizontal drilling, just outright ban it under
residential neighborhoods?
CHAIRWOMAN HILLER: That actually is a good idea.
MR. KLATZKOW: I mean, it would end the issue.
CHAIRWOMAN HILLER: Well, except that the question I
have is how would -- I think it should be looked at, but I would not
like to see any legislation passed that would, in effect, rise to the level
of a takings.
MR. KLATZKOW: If-- you've got a four-year statute of
limitations under Bert Harris. If nobody said anything for four years,
it'd be set in stone. If you got challenged, you would know exactly
what their plans were.
COMMISSIONER NANCE: Mr. Klatzkow, I think one thing
that's also important to realize is, I believe there are ongoing
discussions with DEP to encourage them to contemplate some of these
that haven't been considered in their oil and gas program to date. I
believe they have the central regulatory agency.
So I think at the same time, you know, I anticipate that they are
going to realize they have a responsibility. And although Collier
County is the one that's on the firing line right now because we have
the resources of focus, you know, I'm sure that they're going to be
coming forth with something, and we need to be completely
coordinated with what it is that they're going to do and different rules
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October 22, 2013
and regulations that they may apply, particularly in the hazard zones
that they have established.
And, of course, that's the one that we're dealing with now,
because they've established hazard zones that have come into conflict
with residences.
So I believe we need to carefully coordinate what we do with the
state agencies, of course, at all times, which are regulated, in turn, by
the legislature.
CHAIRWOMAN HILLER: And to add to that, as -- I think it
would be beneficial to lobby that the state enact legislation to protect
neighborhoods, and that we can bolster it. Not that there be
preemption by the state but that, you know, to the extent that local
governments are not aware or choose not to do something, that
residents are still protected to the extent necessary to promote their
safety.
MR. ARNOLD: If I may, Madam Chairwoman, one of the
things that Commissioner Nance and I have talked about is the fact
that there is no existing regulatory framework for fracking. The
regulatory framework that exists in Tallahassee with DEP right now is
for traditional oil and gas drilling, vertical drilling, whether it's
onshore or offshore or inland. So this is a new issue which really
doesn't have a regulatory construct around it.
Commissioner Nance, when he and I met, recognizing, again, the
volatility of this issue for eastern Collier particularly, thought that
perhaps a task force might be the appropriate way to go, maybe a
moratorium on oil and gas fracking in Collier County for a year, the
creation of a task force which would be representative of both state
and local government officials, citizens, other interested parties,
property owners, et cetera, so that we could bring something together,
which would go back to the legislature and help create the regulatory
environment that would be reflective of local interests, as well as the
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October 22, 2013
state environmental interests.
CHAIRWOMAN HILLER: Can we legally impose a
moratorium without being --
MR. KLATZKOW: On this specific issue, I'd have to get back
with you. I'd have to come back with you anyway if you wanted to
give us direction to come back, but --
CHAIRWOMAN HILLER: Yeah, I think this needs to be
researched.
MR. KLATZKOW: If it's the will of the board to consider a
moratorium, I'm happy to come back. I mean --
CHAIRWOMAN HILLER: Well, I think we need to determine
whether the board can legally do it, and then if so, then the board can
debate whether or not it would like to. But I don't want to see this
board take any action that would be deemed illegal from the outset. I
think we have to determine, you know, what our jurisdiction is first.
MR. ARNOLD: If I may, I think the suggestion is a state law,
which would impose the regulatory construct, as I said, and the state,
to the extent any moratorium would be imposed, it would not be
imposed by Collier County. It would be imposed by the State of
Florida. And I think that's a tall order, by the way.
CHAIRWOMAN HILLER: I do, too.
MR. ARNOLD: I think it's going to be very, very difficult to get
something like that passed. But certainly creating a task force is
reasonable and, theoretically, the environmental community as well as
the environmental regulators, as well as legislators would be
supportive of that.
CHAIRWOMAN HILLER: Well, you know, with the state --
again, that would be a legal question for the state. But, you know,
certainly it can be asked.
MR. ARNOLD: Correct.
CHAIRWOMAN HILLER: And then, again, you know, we
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October 22, 2013
have constitutional limitations that -- well -- okay.
We have one public speaker.
MR. MILLER: Well, we've had a second slip come in, ma'am.
CHAIRWOMAN HILLER: That's fine.
MR. MILLER: The first speaker is John Lundin. He'll be
followed by Bob Krasowski.
MR. LUNDIN: Hi. Thank you for letting me speak.
I'd like to make a quick point of order. This agenda item deals
specifically with your proposed amendment for the 2014 legislative
priorities. You've spent about a half hour here talking about a local
issue of oil and drilling and mineral rights.
So I would ask you to confine your comments to the agenda item.
A lot of this discussion is important, but you should probably wait till
commissioner comments at the end of the meeting or bring it up at
another agenda item.
COMMISSIONER HENNING: Well, it is on our agenda,
legislative priorities.
MR. LUNDIN: Right, but oil and mineral rights in Collier
County and who owns it is not relevant to the 2014 legislature. I just
want to make the point of order, because you're bringing up other
issues on public speaking.
Commissioner Nance, I'd like to really thank you for
commenting on Part D of this proposed amendment, the inland oil
drilling and fracking. Believe me, Tim, there are a lot of people in
Golden Gate Estates that are really happy right now that you have
done something positive for what they are advocating for.
I would like to suggest a friendly amendment to Part D.
Currently, Representative Ray Rodriguez of Estero has sponsored
House Bill 71, which is the Fracturing Chemical Usage Disclosure
Act.
I spoke back here in April before this whole controversy started
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October 22, 2013
where Representative Rodriguez submitted this bill in the 2013
legislature, and it passed in the House, but it failed in the Senate. And
he's submitting the exact same bill now.
There are problems with this bill. There are loopholes that allow
exemptions for dangerous toxic chemicals, secret -- trade-secret
chemicals, and also, basically all the disclosure is, it's a voluntary
system for the Daniel A. Hughes Company, who's going to drill here,
it's voluntary for them to disclose any kind of chemicals they may use
which are dangerous.
So I would ask that you add this to your amendment to review
this issue, and maybe the county should oppose this bill, because a lot
of people oppose this bill.
Thank you very much.
MR. MILLER: Your next speaker is Bob Krasowski. He's your
final speaker or this item.
MR. KRASOWSKI: For the record, Bob Krasowski.
I was hoping to come back after you figure out exactly what
you're going to do, and speak. Is that okay, or should I just go now?
CHAIRWOMAN HILLER: On what item?
MR. KRASOWSKI: On this item here, the legislative
delegation, if you're going to do more work on it.
CHAIRWOMAN HILLER: So you want to wait till -- it's your
choice. You can speak now or speak later.
MR. KRASOWSKI: I'll speak later then, so I can understand
more.
CHAIRWOMAN HILLER: That's fine. So if you can make a
note.
MR. MILLER: Yes, ma'am.
CHAIRWOMAN HILLER: That's not a problem.
All right. So this item is being tabled. And we're almost at
10:20. So why don't we go ahead and take a break for the benefit of
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October 22, 2013
our court reporter.
COMMISSIONER FIALA: Twelve minutes?
CHAIRWOMAN HILLER: I know. Listen, I'm trying to cozy
up to her, because I want gluten-free brownies. I mean, I'm just
saying. And, by the way, for what it's worth, if you want, I'll buy the
flour or the non-flour flour or whatever it is, whatever powder would
be used. All right. We'll be in recess for the next 11 minutes.
(A brief recess was had.)
CHAIRWOMAN HILLER: We're back in session.
MR. OCHS: Madam Chair, you have a live mic.
CHAIRWOMAN HILLER: Thank you. We're back in session,
according to Commissioner Coyle.
Item #11C
RECOMMENDATION TO APPROVE A PRIORITIZED LIST OF
LDC AMENDMENTS FOR THE 2014 LDC AMENDMENT
CYCLES — APPROVED
MR. OCHS: That takes us to Item 11C on your agenda this
morning, Commissioners. It's a recommendation to approve a
prioritized list of LDC amendments for the 2014 LDC amendment
cycles.
Caroline Celik will present.
CHAIRWOMAN HILLER: Right. And, again, just to remind
the board, the purpose of this agenda item is not to discuss any of the
items on the list, because staff is going to be working on them, but
strictly to set the priorities so that we can get things done.
In the past what happened is, you know, we would basically have
everything come to us at once and, instead, now what we're doing is
taking issues and prioritizing them in three- to five-month increments
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October 22, 2013
so that everybody has an idea of, you know, what will be addressed in
the near future versus what is not considered a priority and will be put
off into the future.
So, again, the purpose of this agenda item is not to discuss the
individual items but merely to make sure that you're all okay with the
priorities that are listed if you -- if there's something on this list that
you'd like to move ahead or behind, but we are not going to be
discussing the merits of each issue, because that will be discussed
when staff brings it back after they do their work and consult with you
individually as commissioners.
Commissioner Henning?
COMMISSIONER HENNING: Thank you.
I was talking to Brad Muckel, the CRA director from Immokalee,
and how we can -- how can the county respond to certain specifics?
And also include Nick in the discussion.
There's two things that we can do to really help Immokalee in
their LDR process. One thing that we can do is to make sure that staff
puts in to the hearing officer's domain is to include the Immokalee
LDRs for deviations such as setbacks, you know, color schemes, and
things of that nature.
The second thing, which Nick Casalanguida agrees, is also take
the interim Immokalee LDRs and whatever's in the LDC and put it
into the Code of Laws so that could be responded to. Instead of a
cycle of LDRs -- or LDC amendments, it can be responded to in a
matter of short time.
And that's what I would like to see put on the -- Jeff, you don't
have any problem with that, right?
MR. KLATZKOW: You don't have to have cycles. You do
cycles because you want to do cycles.
COMMISSIONER HENNING: Right.
MR. KLATZKOW: You've got Land Development Code. That
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October 22, 2013
is separate from the Code of Laws. There are other jurisdictions that
have sort of an everything-in-one volume as it were. I'm not sure that
you buy anything by taking some of your Immokalee LDRs and
putting it into the Code of Laws. You're still going to need four votes
to change them.
We can certainly look into them, sir, and come back with
suggestions that would make the process much easier.
CHAIRWOMAN HILLER: I think that's what we should do.
COMMISSIONER HENNING: We could, but also, another
important point is a deviation from the LDRs to allow the hearing
officer -- hearing officer -- is it hearing officer or --
COMMISSIONER NANCE: Hearing examiner.
COMMISSIONER HENNING: -- hearing examiner to hear
such.
MR. KLATZKOW: You can do that.
COMMISSIONER HENNING: Okay.
CHAIRWOMAN HILLER: So --
COMMISSIONER HENNING: And then -- and then my last
point, within the -- about the extension of the TDR program in the
fringe, early entry -- I saw that -- I think that was in 2004 or
something like that, early entry, or when we developed it. You know,
what really needs to be done, in my opinion, is remove the restrictions
of the cap or the minimum of the pricing instead of early entry. I
think the --
CHAIRWOMAN HILLER: Commissioner Henning, can I ask
you a favor?
COMMISSIONER HENNING: Yeah, I know what you said, but
I disagree with what you said.
CHAIRWOMAN HILLER: Okay. Well, let me explain why,
because those details are not on the agenda. So what I would like to
encourage is -- I mean, you've come up with great ideas, but all those
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October 22, 2013
ideas should be communicated directly to staff so that when they bring
the item forward, that they consider, you know, your recommendation
as part of it.
And staff should get input from all the commissioners on these
items before you bring them forward. And, you know, if there are
multiple options for a particular item, that should be presented so the
board can pick, you know, for example, what Commissioner Henning
just said.
And by the way, I do agree with him, but it's just something that,
you know, we need to have the backup material to study and consider.
And so if you would please consult with all the commissioners.
Like, I know, Commissioner Nance, there are a lot of items in
here that affect his district that I know he's going to want to have
direct input on and, you know -- so all we're considering are the
priorities.
And unless anyone has any objection to these priorities -- and
this is a fluid document, so as --
MS. CILEK: Absolutely.
CHAIRWOMAN HILLER: -- things change, if at some point in
time something that you see at the bottom of this you think needs to be
moved up, you know, we can always bring it back, but it at least gives
staff some direction as to what to start focusing on.
And Jeff makes a good point, and that is we don't have to wait for
the cycle. I mean, you certainly can -- if there is something that's a
priority that needs to be corrected, like, now --
MS. CILEK: Absolutely.
CHAIRWOMAN HILLER: -- then, you know, bring it ahead of
any, you know, cycle date, if you will.
MS. CILEK: I completely follow, yes.
CHAIRWOMAN HILLER: So with that --
COMMISSIONER COYLE: Motion to approve.
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October 22, 2013
CHAIRWOMAN HILLER: Thank you. And I'll second that.
There being no further discussion, all in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
But you make a very good point, Commissioner Henning, and I
don't disagree with you.
COMMISSIONER HENNING: My issue is, you're going to --
we direct the staff to do specific things, they're going to work on that,
and then we're going to change it after the Planning Commission hears
it.
CHAIRWOMAN HILLER: No, we're not, because what we just
directed staff-- and it really ought to be clear on the record, County
Manager, and that is that you get the input from the commissioners
before it moves forward in the process, period.
COMMISSIONER NANCE: I think that's an excellent
suggestion.
CHAIRWOMAN HILLER: Is that understood? So -- I mean, is
that clear?
MR. OCHS: I'm writing it down, yes, ma'am.
MS. CILEK: It is clear to me, yes.
CHAIRWOMAN HILLER: Good. I want to make sure it's clear
to everyone. So you consult with Commissioner Henning,
Commissioner Nance, Commissioner Coyle, Commissioner Fiala, and
me before anything is brought to any advisory board or this board so
our input is solicited and considered and questions asked and
answered ahead of the process so, you know, when it comes through
you've contemplated everybody's --
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October 22, 2013
MS. CILEK: Considerations.
CHAIRWOMAN HILLER: -- concerns.
MS. CILEK: Absolutely.
CHAIRWOMAN HILLER: Whether it's the public, the board,
you know, whoever --
MS. CILEK: Sure.
CHAIRWOMAN HILLER: -- County Attorney.
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: Thank you. Is that okay?
COMMISSIONER HENNING: Sure. Whatever you say.
CHAIRWOMAN HILLER: I like that. Could you say that
again?
MS. CILEK: Thank you.
CHAIRWOMAN HILLER: That, by the way, was the success to
my marriage, because my husband's most famous line was "Yes,
dear," and it was very effective. And I want you to know we were
madly in love as a consequence.
COMMISSIONER HENNING: We're not going there.
CHAIRWOMAN HILLER: Yes, we are. You started it.
COMMISSIONER FIALA: Call the question.
CHAIRWOMAN HILLER: Yes. Didn't we vote on it?
MR. OCHS: Yes, we did.
CHAIRWOMAN HILLER: Oh, we did. We voted. We're
actually ahead.
MR. OCHS: Madam Chair, if we may move to the airport items,
since we have several people in the audience here for that.
CHAIRWOMAN HILLER: Yes.
Item #14A1
RESOLUTION 2013-253: AUTHORIZING EXECUTION OF JOINT
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October 22, 2013
PARTICIPATION AGREEMENT NO. AR513 WITH FLORIDA
DEPARTMENT OF TRANSPORTATION ACCEPTING A GRANT
OFFER IN THE AMOUNT OF $178,750 FOR REHABILITATION
OF RUNWAY 17-35 AT THE MARCO ISLAND EXECUTIVE
AIRPORT AND TO ASSOCIATED BUDGET AMENDMENTS —
ADOPTED
MR. OCHS: Item 14A1 is a recommendation to authorize the
chairman to execute the attached resolution authorizing signature of
Joint Participation Agreement No. AR513 with the Florida
Department of Transportation, to accept a grant offer in the amount of
$178,750 for rehabilitation of Runway 17-35 at the Marco Island
Executive Airport and to authorize associated budget amendments.
Mr. Tweedy is here to either answer questions or present.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER FIALA: Second.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: No questions?
COMMISSIONER FIALA: I would really have liked to had
made that myself, because it's in my district, but I will let that go.
CHAIRWOMAN HILLER: All right. Well, we have -- are you
willing to relinquish that --
COMMISSIONER FIALA: No, that's all right. He can do it.
CHAIRWOMAN HILLER: -- Commissioner Henning?
COMMISSIONER HENNING: Sure.
CHAIRWOMAN HILLER: All right. Let's just switch it.
Commissioner Henning very graciously allowed Commissioner
Fiala -- we're going to switch the motion and the second to
Commissioner Fiala making the motion and Commissioner Henning
the second.
COMMISSIONER FIALA: Thank you.
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October 22, 2013
CHAIRWOMAN HILLER: There being no discussion, all in
favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #14A2
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS, ACTING AS THE AIRPORT AUTHORITY,
AWARD INVITATION TO BID (ITB) #13-6123, MARCO ISLAND
EXECUTIVE AIRPORT RUNWAY CONSTRUCTION IN THE
AMOUNT OF $5,686,643.28 TO 0-A-K FLORIDA, INC. D/B/A
OWEN-AMES-KIMBALL COMPANY; AUTHORIZE THE CHAIR
TO SIGN A COUNTY ATTORNEY APPROVED CONTRACT;
APPROVE AMENDMENT 1 TO CONTRACT #12-5885 FOR
ENGINEERING SERVICES WITH HOLE MONTES FOR $562,655
AND AUTHORIZE THE CHAIR TO EXECUTE THE COUNTY
ATTORNEY APPROVED AMENDMENT FOR PHASE 2
ENGINEERING SERVICES DURING CONSTRUCTION; AND
APPROVE NECESSARY BUDGET AMENDMENTS — MOTION
TO APPROVE THE ITB WITH OAK FLORIDA W/CONDITIONS
AND FURTHER APPROVE THE AMENDMENT TO CONTRACT
W/HOLE MONTES NOT TO EXCEED $562,655, WITH BILLING
AT AN HOURLY RATE — APPROVED;MOTION DIRECTING
STAFF TO COMPLETE NECESSARY BUDGET AMENDMENT
TO COMPLETE THE PROJECT — APPROVED
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October 22, 2013
MR. OCHS: Thank you, Commissioners.
14A2 is a recommendation that the board, acting as the Airport
Authority, award Invitation to Bid 13-6123, Marco Island Executive
Airport runway construction in the amount of$5,686,643.28 0-A-K
Florida, Incorporated, doing business as Owen-Ames-Kimball
Company; authorize the chair to sign a County Attorney approved
contract; approve amendments to the contract for engineering services
with Hole Montes for $562,655, and authorize the chair to execute the
county-approved amendment for Phase 2 engineering services during
construction; and approve necessary budget amendments.
COMMISSIONER COYLE: Motion to approve.
CHAIRWOMAN HILLER: Hang on a second. Hang on a
second.
Commissioner Henning?
COMMISSIONER HENNING: Yeah, thank you. Awarding a
lump sum for the -- for the oversight on that, instead of doing it by
hourly, I think, is irresponsible.
And the second thing, for the same firm that designed this project
to oversee the project is loss of checks and balance, and I cannot
approve this part of it, because I thought it was ill-conceived that we
can't maintain the checks and balances in the system.
I know they need to be involved in it since they designed it, but
we need to have some reality here of-- time spent should be
compensated, but not a lump sum. I mean, this is -- what is it, a two-
or three-month project?
MR. TWEEDY: It is a total of about --
MR. OCHS: For the record?
MR. TWEEDY: Oh. For the record, Bob Tweedy, airport
manager, Marco Island Executive Airport.
Sir, the total time frame is about seven months for final
completion. The actual construction phase is about 90 to 120 days.
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October 22, 2013
COMMISSIONER HENNING: Right.
MR. TWEEDY: Then there's a lot of-- a number of closeout
items that have to be completed for FAA compliance.
COMMISSIONER HENNING: Yeah. And there's nobody past
and previous that has construction oversight at the airport. That's a
fair statement? Nobody -- there's not an engineer on the airport
staffing?
MR. TWEEDY: There is not an engineer on the airport staff,
you're correct, sir.
COMMISSIONER HENNING: Right. So there has to be --
there has to be a different oversight. And I know how the county does
their -- I'll give you an example -- their transportation -- when you
build a road. You've got a design engineer that designs it, permits it,
then it goes out to bid, but you have the county oversight of that
particular project to make sure that what was permitted and the design
is applicable on the ground, so --
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you.
CHAIRWOMAN HILLER: Sorry, go ahead.
Hold on one second. Commissioner Henning just wants to finish.
COMMISSIONER HENNING: I think Hole Montes needs to be
agreeable to amend this -- their agreement.
COMMISSIONER FIALA: If you agree that they're the ones
that know how the drawing was set up and they're the ones that
specialize in airports and no one on the airport staff has any airport
engineering experience, then it seems to me the only logical
conclusion is you take the professional company who knows how to
do this best. We've got a time limit here, because we have to shut that
airport down. And, certainly, we want to have experienced people
here who can move that thing forward, especially when you agree that
it needs to be somebody who knows what the plan is and can see it
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October 22, 2013
through.
I do not feel that we should be holding this up, especially when
Hole Montes has been a proven commodity over the years. Why
would we change in the middle of the road?
MR. OCHS: Madam Chair?
COMMISSIONER FIALA: Yes. Oh, sorry.
MR. OCHS: Perhaps an alternative to meet both objectives is if
we have county engineering staff from our transportation area serve as
an additional construction oversight reviewer to review the work that
the consultant is doing. That way perhaps we can get to
Commissioner Henning's concern about the separation between the
design engineer of record and the construction inspection on the
ground.
COMMISSIONER HENNING: The -- there's two concerns of
mine. Lump sum compensation.
MR. OCHS: Okay.
COMMISSIONER HENNING: I think that's not being
responsible. The second thing is, Hole Montes should, being this
amendment -- being the CIE on the project, should relinquish that to
the county, and the county should be compensated for their time to
oversee the project.
MR. TWEEDY: If I might make a couple comments on that, sir.
It's fairly standard industry practice in aviation to engage the
same firm. Generally airports engage -- conduct a competitive process
to select a general consultant that oversees both design and
construction. This is consistent with that.
I think Mr. Soliday here, from Naples Airport Authority, we had
a discussion about that, and I know he's done some review here that
you-all have been given information on, and I think he would concur
with that.
And also, you have a grant that's been issued on the basis of the
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solicitation that was done for the engineering services that was
solicited and selected -- firm selected for services from design through
the construction phase.
So you'd have some grant implications there. The FAA has pretty
stringent requirements on who's qualified to do that type of oversight,
and any deviation from that requires prior approval.
COMMISSIONER HENNING: I find it hard-pressed if any
government agency would have any objections of somebody else that
did the design work to oversee the project. Where's the checks and
balances?
CHAIRWOMAN HILLER: So you basically -- just -- if I
understand what you just said, are you basically saying the grant
application put in the name an engineering firm that we had not
approved as being the firm that would do the work, and now we are
bound to take this firm because it was in the grant?
That concerns me about the whole bidding process, and what are
we really amending. Because it sounds to me, then, in fact, what
should have been bid was both services at one time, and we would
have potentially come up with a different company. I mean, that --
Crystal, can you address that, please?
MS. KINZEL: Actually, Commissioner Hiller, it's a purchasing
issue, and I think Joanne's coming to the podium to address the bid. I
haven't reviewed it.
CHAIRWOMAN HILLER: Forgive me. All right. Because I --
now, what you're describing is concerning.
And I -- Commissioner Henning, I respect what you're saying,
and I agree with you.
MS. MARKIEWICZ: Joanne Markiewicz, interim purchasing
director.
At the time of the solicitation, we included both services; in
essence, the design service and the CEI services. When we negotiated
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October 22, 2013
the contract, we negotiated hourly rates with Hole Montes. We only
asked the board to approve, originally, the design portion of it because
we had not secured all the funding either from the FAA or from other
sources.
So now if we're going to use Hole Montes, we must amend the
contract to be consistent with the original solicitation that went out for
bid.
CHAIRWOMAN HILLER: Which was hourly?
MS. MARKIEWICZ: It was an hourly negotiated rate.
CHAIRWOMAN HILLER: So then shouldn't we be approving
what the bid solicitation was, which is an hourly rate, just as
Commissioner Henning has pointed out?
MS. MARKIEWICZ: My understanding of the contract
negotiations for this amendment, too, is that they were based on the
hourly rates.
CHAIRWOMAN HILLER: And what's the hourly rates? How
many hours are we talking about for this 562,000?
COMMISSIONER COYLE: They're in the tables attached to it.
CHAIRWOMAN HILLER: No, I understand. I just don't have
that in front of me. And what does that come to?
MS. MARKIEWICZ: On Page 9 is the Attachment 1 to
Schedule B. I don't have the exact number of hours.
CHAIRWOMAN HILLER: Well, can you figure that out?
Because I want to know what the average hourly rate is based on the
number of hours proposed for this project. But I think it needs to be
approved as it was bid. I don't think we can suddenly, midstream,
change the approach.
And while you're looking at that, if you don't mind, I've got two
commissioners that would like to speak. Commissioner Nance would
be next.
But I do want to ask the question, you know, this grant, we made
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October 22, 2013
it a condition that it would be both reviewed from the standpoint of
what was physically going to be done as well as the finances, and I
want to make absolutely sure that we don't enter into any contract until
we know for sure that we are going to do what is being proposed. I
think it's -- I think we'd be remiss to do that.
Because, again, I don't want to see the county in a position of
being de-obligated because after the fact -- after we build it, you
know, their inspector general or auditor general comes back and says,
no, you know, this could not or should not have been done and is not
eligible for funding, and we're caught holding the bag, which in this
case would be even worse than what happened with the beach
renourishment de-obligation, because in the case of beach
renourishment where we were de-obligated when that was determined
and is being litigated, we had not expended the funds.
But in this case we're actually going to expend the funds, which
could leave us, if there was ever a challenge, with us holding this --
you know, the responsibility for the entire cost of the project or maybe
a portion of it entirely on our own.
MR. TWEEDY: Ma'am, if I may, there was a spreadsheet that
was developed that was submitted by Hole Montes as part of their
proposal which does specify -- and it's not purchasing apparently. It
wasn't included with your backup. But it does specify the number --
the quantities for each task line item and hours not to exceed.
CHAIRWOMAN HILLER: Well, I think we need to see that.
MR. TWEEDY: Okay.
CHAIRWOMAN HILLER: I mean, it goes directly to
Commissioner Henning's point.
While you're pulling that information, Commissioner Nance --
and if you could also, in the meantime, be prepared to answer the
question regarding the review of the project and what assurances we
have both from a design as well as a -- and representation standpoint
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October 22, 2013
as well as a financial standpoint that it's okay and we're not going to
be challenged by the feds.
Commissioner Nance, go ahead.
COMMISSIONER NANCE: Yes. I don't have any problem
following the RFP for the engineering and the supervision, as we've
talked about, and I think, you know, if we have to, we could bifurcate
this agenda item to do that appropriately.
The only question that I would have to Commissioner Henning's
concern is to make certain that Hole Montes does not have any sort of
a special relationship with Owen-Ames-Kimball.
And if they're clean and everybody is comfortable with that, I
don't have any problem with it at all, particularly in light of what the
County Manager has shared with me on his dedication to engage
county staff-- now that the airports are coming under his purview, to
engage county staff as well as other very talented members of our
aviation community to make sure that this is all accomplished in the
best possible way.
I'm very comfortable with it, but I would like to hear what
Commissioner Henning has to say further about if he would like to
bifurcate this issue.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Yeah. I think that we can take it
separate, the contract, but the professional amendment, I think, should
be separate, quite frankly.
I mean, I'm not trying to stop any of those projects. I want to
move forward; however, this is the citizens' money, and I think that
we need to make sure it's being spent -- will be spent wisely. A lump
sum, you just have no idea -- you just have no idea of, you know, time
spent versus compensation.
CHAIRWOMAN HILLER: Okay. So we are going to take --
Commissioner Fiala would like to speak, but -- so we are going to take
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October 22, 2013
Item 14A2 as two separate votes. The first on the approval of the
construction project to Owen-Ames-Kimball and then the second vote
will be on the CIE for Hole Montes, the CIE --
MR. OCHS: Madam Chair.
CHAIRWOMAN HILLER: -- relating to the amendment.
MR. OCHS: I'm sorry. Staff would just like to make sure the
board is fully informed, before they make those two decisions, about
the implications --
CHAIRWOMAN HILLER: Right.
MR. OCHS: -- of that relative to the FAA grant and, more
importantly, the schedule for this project. Bob?
CHAIRWOMAN HILLER: And, by the way, I just want to
clarify one thing. Commissioner Fiala said something about the
airport being shut down, but at the last meeting it was my
understanding the airport would not have to be shut down for these
projects, that it was merely just that runway where the construction
was going to be going on that would be shut down; is that correct?
MR. TWEEDY: Correct, although there's only one runway.
CHAIRWOMAN HILLER: Oh, well, I don't know.
MR. TWEEDY: Yeah, there's only -- so it, effectively, renders
the airport -- and a large section of apron is also going to be under
construction. So it will be one --
CHAIRWOMAN HILLER: So it will shut the airport down?
MR. TWEEDY: Virtually, except one little apron area for
limited helicopter operations.
CHAIRWOMAN HILLER: And how long will the airport be
nonoperational as a consequence of this?
MR. TWEEDY: Seventy-five to 90 days.
CHAIRWOMAN HILLER: Okay. So about three months.
MR. TWEEDY: Correct.
CHAIRWOMAN HILLER: At the worst?
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October 22, 2013
MR. TWEEDY: Correct.
CHAIRWOMAN HILLER: And when are you planning on
doing this, like, the time frame?
MR. TWEEDY: Subject to the grant award execute -- the
supplemental grant award execution, which also is an item that you
have on for the -- well, that you just approved, that supplemental -- the
JPA with FDOT will take a few weeks for them to fully execute, at
which time we'll be able to give a notice to proceed. There is a 30-day
mobilization period, so it will be 30 days forward from that. And
projecting forward, it looks like it would be about the first week of
December.
CHAIRWOMAN HILLER: Why would you be doing this
construction in the height of season? Why wouldn't you do it in the
summer? I mean, it was very clear that we don't have to start the
construction immediately and we don't have to complete within the
year, notwithstanding that Mr. Curry made the incorrect statement that
we did. So we merely have to begin the process one year from the date
of the award of the grant.
MR. TWEEDY: There are a few constraints. First and foremost
is we have a portion of the project that involves fill for safety-area
improvements within an area that is constrained by a federal permit,
federal and state permit, which limits activities during crocodile
nesting season, which begins March 1st.
CHAIRWOMAN HILLER: Okay.
MR. TWEEDY: So that's one constraint. Another is that we have
CHAIRWOMAN HILLER: How long is the crocodile nesting
season?
MR. TWEEDY: It goes from March 1 through October.
CHAIRWOMAN HILLER: Oh, my.
MR. TWEEDY: It's more than half the year.
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October 22, 2013
CHAIRWOMAN HILLER: Yeah.
MR. TWEEDY: A construction project of this nature, during a
rainy season, would be --
CHAIRWOMAN HILLER: Difficult.
MR. TWEEDY: -- difficult, because they're going to have to go
down to the sub-base materials.
CHAIRWOMAN HILLER: So that's why you have to do it at
this time. No, you've adequately answered my question. I appreciate
the information.
MR. OCHS: Madam Chair?
CHAIRWOMAN HILLER: Yes.
MR. OCHS: Mr. Soliday has also joined us today and was kind
enough to review the FAA grant documents and the RFP documents.
If the board wouldn't mind, he'd like to just say a few things about his
review.
CHAIRWOMAN HILLER: Sure. And wasn't the finance office
-- Crystal, weren't you also reviewing this information?
MS. KINZEL: We were reviewing primarily the grant award and
grant documents.
CHAIRWOMAN HILLER: Right.
MS. KINZEL: And Nick, I believe, has -- we have one
outstanding issue on permitting, but we believe it will be resolved, and
I've been working closely with growth management to resolve that last
permitting question.
CHAIRWOMAN HILLER: And I have the same question on
each of these grant awards. So is it the same answer?
MS. KINZEL: This today has also raised some issues with the
lump sum versus the other information in our understanding of what
was solicited. So I've just emailed staff. We'll also go back and look
at the solicitation origination versus what's been put forward for you.
COMMISSIONER HENNING: It wasn't lump sum.
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CHAIRWOMAN HILLER: So my question is, would it be
better off to table this and let you-all figure this all out.
COMMISSIONER FIALA: Uh-uh.
CHAIRWOMAN HILLER: Tabling means to later in the
meeting. Hang on a second.
Leo?
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: In light of the issues that have just
come up, because Crystal just said that there were some other
concerns that they need to resolve with staff--
MR. OCHS: What are those, ma'am, again? I'm sorry.
MS. KINZEL: I believe Nick has a response to that where his
staff is working on the permit, but we're working with them. We think
that would be resolved and wouldn't hold up the item today.
MR. CASALANGUIDA: There are a couple issues there.
For the record, Nick Casalanguida.
They have an SDP in-house, which that should be resolved fairly
quick. They have an Army Corps permit that expires November 24th,
and they've sought an extension for a couple more years. That's
coming forward right now.
And I just spoke to the vendor. He will go hourly rate not to
exceed. So I think that may solve all of it right now in terms of that.
We wouldn't have you issue --
CHAIRWOMAN HILLER: I still want to know what the -- you
know, taking this not to exceed, what the projected hours are. I want
to know what this average hourly rate is.
MR. CASALANGUIDA: The hourly rate is here on Page 9, and
then he's got the breakdown per task. So what they'll --
CHAIRWOMAN HILLER: But can you just tell me, again,
what is the total number of hours that is supposed to go into 562,000?
MR. CASALANGUIDA: Joanne, have you got the hours listed?
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October 22, 2013
CHAIRWOMAN HILLER: Just give me the total.
MR. CASALANGUIDA: She's doing it right now. But what --
CHAIRWOMAN HILLER: I'm just curious.
MR. CASALANGUIDA: I've spoken to the consultant. They
will go not-to-exceed and go an hourly rate and bill us appropriately
per the tasks --
CHAIRWOMAN HILLER: Okay. And, again, I just want to
know what that average rate is based on the maximum anticipated
hours that resulted in this 562-.
MR. CASALANGUIDA: Yeah. And they're all broken down by
different categories. You've got a principal project manager gets a
different hourly rate.
CHAIRWOMAN HILLER: I understand all of that. I want to
know what the average hourly rate is.
MR. CASALANGUIDA: I can do that. Okay.
CHAIRWOMAN HILLER: Real simple.
MR. OCHS: Go ahead.
MR. SOLIDAY: Ted Soliday, the executive director of the
Naples Airport Authority.
I think the idea of not going to a lump sum is absolutely correct.
We do a cost plus not to exceed. The not-to-exceed number is the
number you have in your grant.
The FAA is definitely anticipating that you're having somebody
that's qualified. The idea of having your own staff into the project at
this time is not something you have the choice. You have to establish
that well in advance. You even have to establish your hourly rate.
So it is something you can do in the future if you'd like to do that,
Commissioner, but it is not something that they prefer because they
have the qualifications of the firm that you've selected.
I would tell you the lump sum is also very good in this situation
because you have a timely project. You need to move that project
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along. Both firms that you have are very good firms.
The 0-A-K has been very good in working with us in one of
these type projects before Christmas, and I said, we're going to open
the ramp before Christmas. 0-A-K added work, and we still got the
project done under budget. What that means also is then the engineer
and the supervisory and everything else comes in under budget.
It's nice to have that kind of condition happen. We do it all the
time. And you do have two firms that are capable of doing that for
you.
Does that help you with that?
And also to answer the questions I believe that you asked for the
County Manager -- I want to say "city" every time. I bite my tongue
-- the County Manager is that, you know, we have looked at it. Kerry
Keith, our director of development and facilities, is here with me.
We went through all the process, and everything we saw the --
the challenging thing was at one point getting those JPAs in time so
you could start the project. If you start without those, you've just
given them up.
And so be patient to get the signed documents. It's not just when
you sign it. The difference between a JPA and the FAA document,
when you sign it, you've got a deal. JPA, when you sign it, it has to
go back up to the District 1, and then on up to Tallahassee before they
sign it and send it back; then you can go.
But, again, you have two good firms that know what they're
going to do, and they can get themselves ready. You really need to be
ready December 1st to get going.
And I'll just tell you that the Naples Airport Authority is working
very hard with Mr. Tweedy to accommodate your tenants. I think all
of our hangars are rented. Every place we can put people, we're
putting them there so that they will have someplace. And our rates are
higher, so they want to go back once your runway's completed.
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CHAIRWOMAN HILLER: And did you review the underlying
project to determine that the representations made on which this
project is being proposed are correct?
MR. SOLIDAY: To the extent of the project itself, we did not go
back to your master plan, if that's what you're asking for, ma'am. But
they would have to be in compliance with the airport layout plan, or
the FAA and DOT would not offer you the grant.
CHAIRWOMAN HILLER: And what -- I'm not sure I
understand your response.
MR. TWEEDY: Okay. Let me try to -- I had this question
before. The airport layout plan is a drawing that's signed, signed by
you and signed by the FAA.
CHAIRWOMAN HILLER: But it's --
MR. SOLIDAY: It is a graphic presentation --
CHAIRWOMAN HILLER: I understand.
MR. SOLIDAY: -- of all the master plan.
CHAIRWOMAN HILLER: But the issue isn't that. The issue is
what is that design -- and I'm asking this with respect to both projects.
What is that design predicated on? In other words, when we propose
to build a road, we propose it because there is a projected traffic count
of X, and as a consequence we say that, you know, the road is
currently at capacity. We need to expand it from two lanes to four
lanes because, you know, the projections suggest that we need
additional capacity on that road.
Did you review the underlying data that was the basis upon
which this project and the other project are being predicated? Because
if that underlying data is not correct then, obviously, the project will
also be incorrect.
MR. TWEEDY: To a certain extent, yes, ma'am. We get the
state doing our pavement analysis just like they do for you-all. They
publish it for everybody.
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In this situation, your pavement situation is bad or critical, worse
than many in the state; if not most, all. That's why you got the grants
so fast when you put in for them. Your pavement does need to work.
It's not necessarily one of expanding the runway. You're going to
have the same runway length once you get done.
The decoupling up at Immokalee is a planning process that the
FAA recommends. That's why you have that in there.
The actual project, though, is to approve -- bring the pavement
back to a useful life.
CHAIRWOMAN HILLER: So it is strictly, for purposes of both
projects, based on the condition of the pavement, not a function of
traffic volume? Because there won't be any expansion in Immokalee.
Because I remember there was a debate over whether it would be, you
know, at 50 percent, 100 percent, or 150 percent of the existing
runway.
And so, you know, since there was a question of three options in
terms of the width of the runway, obviously, I would assume that's
predicated on use?
MR. SOLIDAY: It is. It's based on -- predicated on use, and you
have to justify that to the FAA. You have a runway that was built by
military way back, 150 feet wide, just like our crosswind runway, we
lowered it down, cut it in and that's -- you know, it saves you
maintenance in the long term, and I consider that to be the right
answer.
CHAIRWOMAN HILLER: Okay. And, Crystal, when are you
going to be done with your analysis?
MS. KINZEL: We were hoping to complete it this week. We're
waiting on a couple of answers, but we would hope to have it done
this week.
CHAIRWOMAN HILLER: So, I guess, then, for -- if the board
would vote to approve this, it would be conditioned upon the finance
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October 22, 2013
being satisfied with the grant review process.
COMMISSIONER HENNING: No. Actually, what Nick says is
Hole Montes is agreeable to --
CHAIRWOMAN HILLER: Not Hole Montes. We're talking
about the Owen-Ames-Kimball, the grant.
MR. OCHS: What's the issue with the grant?
CHAIRWOMAN HILLER: I don't know. Talk to Crystal.
We're talking about the grant review.
COMMISSIONER HENNING: No, no.
MS. KINZEL: No, Commissioner. That would be the
construction contractor. We've not reviewed that. You had asked us
originally, look at the grant conditions and some of the underlying
data with the pavement, and that's where we focused.
CHAIRWOMAN HILLER: Right, which is the -- that's the
Owen-Ames-Kimball contract.
MS. KINZEL: Correct.
CHAIRWOMAN HILLER: Right. That's what the issue is.
MR. OCHS: What is the issue?
MS. KINZEL: No. It's contract versus grant award, and the
grant principles is -- that -- you had requested that we review the grant
application for the grant conditions.
CHAIRWOMAN HILLER: Correct.
MS. KINZEL: That's what we were working on. The other
issues that are being brought up regarding the construction contract, I
think, Nick's providing an answer on the lump sum versus hourly
according to Commissioner Henning.
CHAIRWOMAN HILLER: But that's not -- that's a separate
issue.
MS. KINZEL: Correct.
CHAIRWOMAN HILLER: The issue is, was we should not be
entering into a contract that -- where the predicate hasn't been
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established that the grant application and the grant award and the
construction design all tie in together and are all based on, you know,
properly verified premises.
COMMISSIONER FIALA: Excuse me for just a minute. I
mean, I've had my button on for a half an hour, and nobody's ever
bothered to call on me.
CHAIRWOMAN HILLER: I apologize. Go ahead.
COMMISSIONER FIALA: Yes. Thank you very much.
CHAIRWOMAN HILLER: I apologize.
COMMISSIONER FIALA: But, you know, I don't think the
FAA or the FDOT -- the FAA would never give us $6 million, you
know, unless they needed to check with the Clerk's Office first before
they could give us $6 million, for goodness sake. They wouldn't give
us that if our papers weren't in order and if the airports didn't have a
very sad state of affairs that needed to be resurfaced and resurfaced
now.
It's great that everybody else wants to discuss it, but maybe they
ought to ask the FAA why they gave it in the first place or something.
You know, we keep horsing around with this, and if we don't get
this show on the road, we're going to have real problems here.
And we're holding up now. Fine, bill us hourly. Now we've
answered the question for Commissioner Henning.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Yes.
CHAIRWOMAN HILLER: Commissioner Fiala, if I may. Just
to give you an example of where the -- what you're describing isn't
quite the way it is.
We received money from FEMA, for example, for beach
renourishment.
COMMISSIONER FIALA: Yeah, but let's just talk about this
airport.
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October 22, 2013
CHAIRWOMAN HILLER: No. It's the -- again, it's a
comparable situation. And FEMA de-obligated us. They gave us 11
million, and then, subsequently, our grant application was audited by
them, and we were de-obligated, and they pulled $11 million.
So what I'm saying is, let's make sure that what we have
submitted will pass mustard (sic) with the FAA if an audit were ever
to occur by them because, in this case, when we spend this money --
which we didn't on the beach renourishment, which was lucky. We
had the money in the bank, and they could pull it back. If we spend
this money and we were at some point in the future to be de-obligated,
we would have to come up with the 5.7 million and pay them back.
COMMISSIONER FIALA: If we do everything we have
submitted to them, not choosing somebody on our own staff to do the
engineering work but the professionals, if we continue to proceed with
the way we have submitted this application, why would they ever
bother to take it back?
But if we start poking holes in this thing and deciding what we're
going to do and what we weren't going to do and how they're going to
spend their money, you know, I think we're barking up the wrong tree.
Ted, do you want to say something?
MR. SOLIDAY: Madam Chairman?
CHAIRWOMAN HILLER: Go ahead.
MR. SOLIDAY: The County Manager did ask us to look
specifically at that part, and that is the effort that we made, looking at
the grants and how they related to the projects, and getting those done.
That was why the first thing we did was starting raising the flag about
the county -- the state grants not being in your hand yet. You've got
them since then, and that's good.
CHAIRWOMAN HILLER: Yeah.
MR. SOLIDAY: These projects will be funded by the FAA.
They've been authorized. The FAA grant, you signed it today, is a
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done deal. That's the big money. The state grant has to go back up, so
you have to wait for that to come back. But these projects are in
order. The engineering drawings and everything are in accordance
with the process. I have gone through that process for 40 years now,
50 years.
CHAIRWOMAN HILLER: Good. No, we appreciate you for
doing that.
MR. SOLIDAY: And it changes a lot, but you're okay.
CHAIRWOMAN HILLER: No. Thank you so much. We're
very appreciative.
The other component to the review was the finance office's
responsibility, and so we need assurances that that has been done.
Crystal, is it done?
COMMISSIONER FIALA: I guess they should first check with
finance before they give us any money.
CHAIRWOMAN HILLER: Is it done?
COMMISSIONER COYLE: Well, you can't ever do anything
unless Crystal approves it.
MS. KINZEL: Commissioner, the review that we had done was
initially on the application. We did not have any issues with the
application format basis including the pavement. We had requested
information on the permitting, which was still outstanding, which
Nick has answered today, that they would wait on that.
And my understanding is they would not ask you to execute the
agreement until that permitting issue was resolved.
CHAIRWOMAN HILLER: So has that been resolved?
MS. KINZEL: That's where we were on our review. That was --
the extent of our review was to that application process.
CHAIRWOMAN HILLER: Okay. So has that been resolved?
MR. CASALANGUIDA: You have a county permit, ma'am,
that's going through right now that will be resolved, and you've got a
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U.S. Army Corps permit that needs to be resolved before November
24th.
CHAIRWOMAN HILLER: So then this contract cannot be
executed --
MR. CASALANGUIDA: There are two safeguards. The first
one is you could say, don't issue the notice to proceed to the vendor
until you have the permits. If you want to go a little stricter, don't
execute the contract until you have the permits --
CHAIRWOMAN HILLER: I don't think we should execute the
contract until we have the permits. We want to be sure we have the
permits.
MR. CASALANGUIDA: Then I would suggest that the board
say that you approve this award but not execute the contract until you
have the permit, which --
CHAIRWOMAN HILLER: But we approve this award
conditional upon the -- us obtaining two permits, one from the state
and one from the Army Corps.
MR. CASALANGUIDA: You got it.
COMMISSIONER FIALA: Okay. Now, let me ask. How far
will that set us back? How much further will it take? Will we meet
all the requirements that need to be or -- and how -- now we're going
to go into season, so we're going to have to -- we're going to have to
close that airport. Even though you know that these permits are
coming through, we'll have to close that airport during the height of
season, thanks to some, and so -- what does that do?
And how much is this going to cost us for this delay? How much
is it going to cost the taxpayers? Because they're going to be the ones
that pay for that.
CHAIRWOMAN HILLER: Just so you understand,
Commissioner Fiala, we cannot proceed without those permits. So
without those permits, the delay is not being caused by --
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October 22, 2013
COMMISSIONER FIALA: But we wouldn't be proceeding.
CHAIRWOMAN HILLER: No. We cannot do anything without
those permits. So until those permits come through, there's nothing
we can do.
COMMISSIONER FIALA: But we vote on it and --
MR. CASALANGUIDA: Yes.
COMMISSIONER FIALA: -- get the rest of it started that
doesn't need -- that don't need these permits in place; is that correct?
MR. CASALANGUIDA: You can choose the vendor, and you
can tell us -- because we wouldn't issue a notice to proceed without a
permit anyway.
So now one thing we've got to resolve is whether the permit we
have right now that expires on November 24th, clarification from the
Corps that if we initiate the contract, issue the notice to proceed and
the vendor gets started, if that, in effect, satisfies the permit
requirement. We'll get clarification on that.
If it does, then we would ask the chairwoman to execute the
contract. If it requires that extension to be in place, then we'll wait till
that extension comes in before we ask the chairwoman to execute the
contract.
COMMISSIONER FIALA: Okay. Because we only have one
meeting in November; is that correct?
MR. CASALANGUIDA: I wouldn't want to come back.
MR. OCHS: Yes.
MR. CASALANGUIDA: I'd want to say that you would
authorize the chairman to execute it --
COMMISSIONER FIALA: That's what I'm saying.
MR. CASALANGUIDA: -- subject to having the permits in
place or having the vendor be able to begin the work prior to the
permit expiration.
COMMISSIONER FIALA: Even before the permits are
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October 22, 2013
received, can he at least begin? You said it would take a month to put
the staging area together.
MR. CASALANGUIDA: No, ma'am. Yeah, you wouldn't want
the vendor out there working without permit in hand or being able to
complete that deadline.
COMMISSIONER FIALA: And you didn't plan on doing that
anyway, right?
MR. CASALANGUIDA: No.
MR. OCHS: No.
COMMISSIONER FIALA: I want to make sure everybody
understands you wouldn't do anything without a permit.
MR. CASALANGUIDA: Yes.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: I think it's healthy for us to have
a discussion without emotions on this issue. We -- just reminding, this
is why I'm asking the questions. We had an FDA (sic) grant for
construction out in Immokalee; things were done outside the grant,
and it was because of the clerk's findings that now we're having to
deal with that, okay, and it's going to be costly to do that.
So there's nothing wrong, what we're asking, and I don't hear
anybody here trying to delay this project. We just want the best thing
for the taxpayers.
So, Madam Chair, if you're ready, I'm ready to make a motion.
CHAIRWOMAN HILLER: Please do.
COMMISSIONER HENNING: I make a motion -- let me get
my broken reading glasses on -- that the Board of Commissioners,
acting as the airport authority, award Invitation to Bid 13-6123, Marco
Island Executive Airport, runway construction in the amount of five
thousand, six hundred and --
CHAIRWOMAN HILLER: Five million.
COMMISSIONER HENNING: -- $5,687,643.28 (sic) to O-A-K,
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October 22, 2013
Florida, okay, and furthermore --
CHAIRWOMAN HILLER: No, conditioned upon --
COMMISSIONER HENNING: -- conditioned upon the notice
proceed --
CHAIRWOMAN HILLER: No, the approval of the two permits.
MR. CASALANGUIDA: Both, either the notice to proceed or
the permits.
COMMISSIONER HENNING: That the staff give them the
notice to proceed after receiving the two permits, one from --
MR. CASALANGUIDA: County.
COMMISSIONER HENNING: Yeah, one from the county and
one from the Corps of Engineers.
MR. CASALANGUIDA: Yes, sir.
CHAIRWOMAN HILLER: Correct.
MR. OCHS: Yes.
COMMISSIONER HENNING: Now, help me out with the
second one. The amendment to the engineering services with Hole
Montes does not need to be done. The only thing we need to do -- and
correct me if I'm wrong -- is award the construction engineering
services to Hole Montes not to exceed $562,655.
MR. CASALANGUIDA: And billed at an hourly rate.
COMMISSIONER HENNING: And billed at an hourly rate, but
not to exceed that amount.
CHAIRWOMAN HILLER: And, again, what is that that -- what
is that average hourly rate?
MR. CASALANGUIDA: The average is $103 an hour, and it
would be even less when you include the lump sum, which would be
tasking to third-party firms.
CHAIRWOMAN HILLER: That's fine. That's great. Thank
you. And I'll second that.
There being no further discussion, all in favor?
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October 22, 2013
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
COMMISSIONER NANCE: I'd like to say one thing.
CHAIRWOMAN HILLER: Yeah, go ahead.
Commissioner Nance would like to make a comment.
COMMISSIONER NANCE: Yes. Mr. Soliday, I would like to
personally thank you, sir, for your courtesy in stepping up and
engaging in conversations with the Collier County Manager, Mr.
Ochs, and all the generosity and equal courtesy of your staff members,
sir. I'm looking forward to expanded relationships and coordination
between all our airport facilities in Collier County to provide the best
and most efficient service to everyone. So I want to personally thank
you for your kindness in meeting with me and also county staff.
Thank you so much.
CHAIRWOMAN HILLER: Can I clarify one thing before we
get to the next item. We're not an independent airport authority, are
we, County Attorney?
COMMISSIONER COYLE: No.
CHAIRWOMAN HILLER: You're right.
MR. KLATZKOW: You're separate, but you're not.
CHAIRWOMAN HILLER: No, no. I want to know, are we --
MR. KLATZKOW: You're separate but you're not. You are the
Collier County Airport Authority. That's a separate entity from the
Collier County Government.
CHAIRWOMAN HILLER: How is it a separate entity?
MR. KLATZKOW: Because under the statutes it's a separate
entity.
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October 22, 2013
CHAIRWOMAN HILLER: Is it a dependent district? What is
it?
MR. KLATZKOW: It's its own little animal. You are the Collier
County Airport Authority, period. That's the end of it. And you run it
as the Board of County Commissioners as the airport authority, but
you are separate.
CHAIRWOMAN HILLER: So is it a dependent district?
MR. KLATZKOW: Is it a dependent district? It's not a
dependent district; it's not a special district. It is an airport authority
under the statute.
CHAIRWOMAN HILLER: How have we filed with the state?
MR. KLATZKOW: I'm sure we file -- we created it under state
statute as the Collier County Airport Authority.
CHAIRWOMAN HILLER: But isn't there a filing with the
state?
MR. KLATZKOW: I have no idea, ma'am.
CHAIRWOMAN HILLER: Could you look into that and let us
know? Because I think we need clarity on what the status of the
airport authority is.
MR. KLATZKOW: I'll send you the statute. There's not a lot to
the statute, ma'am.
CHAIRWOMAN HILLER: I thought there was something that
was filed with the state.
COMMISSIONER COYLE: There is in the case of the Naples
Municipal Airport.
CHAIRWOMAN HILLER: Yeah. I think there was something
-- Jeff, if my memory serves me correctly, something was filed with
the state with respect to the airport authority, and I'd like to see what
that is --
MR. KLATZKOW: Sure.
CHAIRWOMAN HILLER: -- and the reason I bring it up is
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October 22, 2013
because now that it's under the County Manager, I want to make sure
that we, you know, clearly understand what legal entity we represent.
Next item on the agenda, County Manager?
Item #14A3
RESOLUTION 2013-254: AUTHORIZING SIGNATURE OF JOINT
PARTICIPATION AGREEMENT NO. AR519 WITH FLORIDA
DEPARTMENT OF TRANSPORTATION ACCEPTING A GRANT
OFFER FOR REHABILITATION OF RUNWAY 9-27 AT THE
IMMOKALEE REGIONAL AIRPORT AND ASSOCIATED
BUDGET AMENDMENTS — ADOPTED
MR. OCHS: Yes, ma'am. 14A3 is the recommendation to
authorize the chair to execute the attached resolution to authorize the
signature of the Joint Participation Agreement No. AR519, Florida
Department of Transportation, to accept a grant offer in the amount of
$134,000 for the rehabilitation of Runway 9-27 at the Immokalee
Regional Airport, and to authorize --
CHAIRWOMAN HILLER: Commissioner Nance, did you want
to say something?
COMMISSIONER NANCE: No.
COMMISSIONER HENNING: I'll second your motion.
CHAIRWOMAN HILLER: Are you making a motion?
COMMISSIONER NANCE: I make a motion for approval.
CHAIRWOMAN HILLER: All right. We have a motion and a
second. There being no discussion, all in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: (Absent.)
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
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October 22, 2013
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries 4-1 (sic).
Commissioner Fiala has stepped out of the boardroom.
Item #14A4
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS, ACTING AS THE AIRPORT AUTHORITY,
AWARD INVITATION TO BID (ITB) #13-6124, IMMOKALEE
REGIONAL AIRPORT RUNWAY CONSTRUCTION IN THE
AMOUNT OF $7,232,241.04 TO 0-A-K FLORIDA, INC. D/B/A
OWEN-AMES-KIMBALL COMPANY, AUTHORIZE CHAIR TO
EXECUTE A COUNTY ATTORNEY REVIEWED CONTRACT;
APPROVE AMENDMENT 1 TO CONTRACT #12-5885,
ENGINEERING SERVICES WITH HOLE MONTES FOR $778,095
AND AUTHORIZE THE CHAIR TO EXECUTE THE COUNTY
ATTORNEY APPROVED AMENDMENT FOR PHASE 2
ENGINEERING SERVICES DURING CONSTRUCTION; AND
APPROVE NECESSARY BUDGET AMENDMENTS — MOTION
TO APPROVE THE ITB WITH OAK FLORIDA W/CONDITIONS
AND AN AMENDMENT TO THE CONTRACT W/HOLE
MONTES NOT TO EXCEED $778,095 AND WITH BILLING AT
AN HOURLY RATE — APPROVED
MR. OCHS: 14A4 is a recommendation that the board, acting as
the airport authority, award Invitation to Bid 13-6124, Immokalee
Regional Airport runway construction in the amount of$7,232,241.04,
to 0-A-K Florida, doing business as Owen-Ames-Kimball, authorize
the chair to execute a County Attorney reviewed contract; approve the
Amendment 1 to the contract for engineering services with Hole
Montes for $778,095; and authorize the chair to execute the County
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October 22, 2013
Attorney approved amendment for Phase 2 engineering services
during construction; and approve the necessary budget amendments.
Your Immokalee Airport Manager, Mr. Vergo, is here.
Commissioners, I'm sure we will make the same modifications --
CHAIRWOMAN HILLER: Well, that's what I was going to ask.
MR. OCHS: -- to the motion as we did for previous construction
award.
CHAIRWOMAN HILLER: Go ahead, Commissioner Henning.
COMMISSIONER HENNING: Good morning, Mr. Vergo. I
know that you inherited this mess.
When do you plan on going under construction on this?
MR. VERGO: It's -- our goal is to continue forward without
delay as far as just -- because this particular closure won't have as
much of an impact on the airport as Mr. Tweedy's airport. However,
it's our goal for the safety. And also as far as that time of year, it's not
as rainy. Same thing, the weather conditions. We don't have the
environmental side as he does as well. But my goal is to continue
forward without -- there -- so we were thinking the December/January
time frame.
COMMISSIONER HENNING: Okay. So there's no way -- if
that's your goal, there's no real way to ask FAA to consider an
amendment to the grant to allow the county to be the CIE? That was
the question I was going to ask. You answered my question. If you're
going to proceed that quickly, I wouldn't want to delay it, so --
MR. VERGO: Thank you, sir.
COMMISSIONER HENNING: With that, I would --
CHAIRWOMAN HILLER: Before you make a motion, we need
to get the same representations on the record that this was reviewed by
Mr. Soliday that, you know, he finds it acceptable, that it was
reviewed by finance, that they find it acceptable. And also one thing
I'd like to say, I want to -- before we get started on that, in the last
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October 22, 2013
motion, on 14A2, did that motion include approval of the budget
amendment necessary to move the funding to provide for the match?
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: It did? Did the motion -- I don't
recall that the motion included that.
COMMISSIONER HENNING: That was my intent --
reluctantly have to do another budget amendment that this project, and
including the Immokalee project, has been anticipated for a long time,
should have never had to do this budget amendment if we had
somebody like the County Manager's agency overseeing the budget.
CHAIRWOMAN HILLER: How much is the budget
amendment for for both these projects?
MR. OCHS: Local match total for both would be approximately
$1.6 million.
CHAIRWOMAN HILLER: Wow.
MR. OCHS: Local match.
COMMISSIONER NANCE: That's going to come from reserve,
I guess.
CHAIRWOMAN HILLER: Right. I mean, this is going to be
pulled out of reserves then, I suppose?
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: And this should have been in the
original budget approval process.
We're going to have to go back and amend the motion on 14A2,
but let's continue with 14A4, get that done.
When you make your motion, Commissioner Henning, there
should be three comments, the approval of the contract to 0-A-K, the
approval of the CIE contract to Hole Montes, and the approval of the
budget amendment necessary to provide the county match for this. So
COMMISSIONER FIALA: Excuse me. But could I just say
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October 22, 2013
something on the county match?
CHAIRWOMAN HILLER: Yeah, go ahead.
COMMISSIONER FIALA: When we approved the application
initially, it was already stated in that application that we would have a
match on each one of these, wasn't it?
MR. OCHS: Yes.
COMMISSIONER FIALA: Okay. I just wanted to make sure,
and I wanted to put that on the record. Thank you.
CHAIRWOMAN HILLER: But that should have been
incorporated in the budget, and that's the oversight. I mean, the fact
that it was known and wasn't done is where the issue is.
COMMISSIONER NANCE: Commissioner Henning, are you
going to make the motion, or you want me --
CHAIRWOMAN HILLER: Who's going to make the motion?
COMMISSIONER HENNING: I can make the motion, but
there's just one more question. Do you have all your permits?
CHAIRWOMAN HILLER: First I want -- go ahead. Let Mr.
Soliday make his presentation and then address those issues.
MR. SOLIDAY: We did not address the permits.
CHAIRWOMAN HILLER: Right.
MR. SOLIDAY: But it's a process I'm comfortable your staff
will do a good job at.
We did look at the documents and the grant applications and the
JPAs, and we believe that it's a good project. It's going to help the
community in the future, and it's great to have that kind of money to
bring into the county from the FAA and the state.
CHAIRWOMAN HILLER: And, again, this project is
predicated on the condition of the runway, not based on the use.
MR. SOLIDAY: Absolutely. Those runways have been serious
(sic) since I got here.
CHAIRWOMAN HILLER: Okay. Thank you.
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October 22, 2013
Mr. Vergo, can you answer Commissioner Henning's question?
MR. VERGO: Yes, ma'am.
Yes, at this time all permits have been secured through the Corps,
and we're just up for SDP, which is -- we're working through growth
management on.
COMMISSIONER HENNING: Okay. So you don't have the
SDP yet?
MR. VERGO: Well, the comments have been addressed, so yes.
COMMISSIONER HENNING: Okay.
CHAIRWOMAN HILLER: So do you or do you not --
COMMISSIONER HENNING: You do not; he does not.
MR. VERGO: It's not -- it's conditioned, I guess.
CHAIRWOMAN HILLER: What does that mean?
MR. OCHS: Well, if the question is, do we have the final review
of the SDP, I'm hearing Tom say no?
MR. VERGO: We're waiting -- I mean, we submitted the
comments. Our design engineer has submitted the -- back to the
comments, and --
CHAIRWOMAN HILLER: Where is Mr. Casalanguida? Can
we get him in here, please?
MR. OCHS: Sure.
Nick, we have a question on the SDP for Immokalee.
MR. CASALANGUIDA: Yes, ma'am.
CHAIRWOMAN HILLER: Mr. Vergo, can you please -- was
trying to answer the question. The question is, what's the status of the
permits with respect to the Immokalee project?
MR. CASALANGUIDA: Luke, I spoke to outside, is
resubmitting those today.
CHAIRWOMAN HILLER: Resubmitting what?
MR. CASALANGUIDA: The SDP. It's up for comment.
They're not under a specific time constraint like the Marco is, so we'll
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October 22, 2013
work through that permit requirement and review it, and we'll do the
same thing. We will not issue the notice to proceed unless the SDP is
approved.
CHAIRWOMAN HILLER: So, again, we don't have the local
permit, but we do have the Army Corps permit on that?
MR. CASALANGUIDA: We have to do a notice permit to the
Army Corps for some work that's on the site, but that's only a notice
requirement. You just have to let them know because the acreage is so
small.
CHAIRWOMAN HILLER: Okay. So we don't have local
permit, and we haven't provided notice to the Army Corps?
MR. CASALANGUIDA: That's correct.
CHAIRWOMAN HILLER: Okay. So, Commissioner Henning,
if you're going to make the motion, can you make it conditioned upon
the approval of the local permit, the notice to the Army Corps, and --
COMMISSIONER HENNING: I'm just going to make a
general, not to execute the contract until we have all the permits, and
that will just be a blanket.
CHAIRWOMAN HILLER: Okay. So if you could make the
motion with respect to 14A4 to that effect, and then --
COMMISSIONER HENNING: Madam Chair, I'm going to
make a motion that the Board of Commissioners, acting as the airport
authority, award Bid 13-6128 (sic), the Immokalee --
CHAIRWOMAN HILLER: 24 -- 6124.
COMMISSIONER HENNING: -- 24, 6124, to the Immokalee
area regional runway construction in the amount of$7,232,241 .04 to
0-A-K Florida, and authorize the County Attorney to review the
contract to approve the amendment with Hole Montes -- Contract
12-5885 with Hole Montes at an hourly rate not to exceed 778 dollars
and 95 -- $7,778,095, and direct staff to do the necessary budget
amendments, and also direct staff not to issue a notice to proceed until
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all permits are obtained.
CHAIRWOMAN HILLER: And that the contract will not be
executed until the permits are obtained and the notice to proceed is
issued.
COMMISSIONER HENNING: Correct, that's the same thing.
COMMISSIONER NANCE: And I will second that.
CHAIRWOMAN HILLER: Commissioner Fiala, did you want
to speak again?
COMMISSIONER FIALA: Nick, what did you have to say?
MR. CASALANGUIDA: Ma'am, excuse me. The contract goes
first, then the notice to proceed.
CHAIRWOMAN HILLER: Right. Well, then --
MR. CASALANGUIDA: Just semantics, but --
CHAIRWOMAN HILLER: Right. So first we receive the
permits, then we execute the contract, then you issue the notice to
proceed.
MR. CASALANGUIDA: Right.
MR. OCHS: Correct.
COMMISSIONER HENNING: Thank you.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Nothing.
CHAIRWOMAN HILLER: Okay. Is there any further
discussion on the part of staff or the board?
(No response.)
CHAIRWOMAN HILLER: There being no discussion, all in
favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
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October 22, 2013
Madam Chair, do you want to go back onto 14A2?
COMMISSIONER NANCE: Amend it.
MR. OCHS: To approve the budget amendments.
COMMISSIONER HENNING: I'll make a motion to --
CHAIRWOMAN HILLER: 14 -- wait a second. 14A5 -- oh,
yeah. 14A2, to amend that to include the budget amendment.
COMMISSIONER HENNING: I'm going to make an additional
motion --
CHAIRWOMAN HILLER: Okay. That's fine.
COMMISSIONER HENNING: -- so we don't have to amend it.
The additional motion on 14A2, the construction of the Marco
Island taxiway, Marco Island Runway construction, direct staff to do
the necessary budget amendments to complete the project.
CHAIRWOMAN HILLER: Do I have a second?
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: We have a motion and a second.
Any discussion?
(No response.)
CHAIRWOMAN HILLER: There being no further discussion,
all in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
Item #14A5
RESOLUTION 2013-255: AUTHORIZING SIGNATURE OF JOINT
PARTICIPATION AGREEMENT NO. AR734 WITH FLORIDA
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October 22, 2013
DEPARTMENT OF TRANSPORTATION ACCEPTING A GRANT
OFFER IN THE AMOUNT OF $14,296 FOR DESIGN AND
CONSTRUCTION OF A SOUTH TAXIWAY AT EVERGLADES
AIRPARK AND ASSOCIATED BUDGET AMENDMENTS —
ADOPTED
MR. OCHS: Madam Chair, Item 14A5 was an add-on item
under your airport authority. It is a recommendation to authorize the
chair to execute the resolution authorizing signature of Joint
Participation Agreement No. AR734 with the Florida Department of
Transportation to accept a grant offer in the amount of$14,296 for the
design and construction of the south taxiway at Everglades Airpark,
and to authorize associated budget amendments.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: So this entire project is only going
to be $14,000?
MR. OCHS: That's the local.
MR. TWEEDY: That's the local match --
MR. OCHS: That's the state's --
MR. TWEEDY: -- and state match.
MR. OCHS: -- match. Five percent -- that's the 5 percent match
COMMISSIONER NANCE: The DOT match.
MR. OCHS: -- by the state. The funding, ma'am, is 90 percent
FAA; 5 percent state --
CHAIRWOMAN HILLER: Yeah, okay.
MR. OCHS: -- 5 percent local.
CHAIRWOMAN HILLER: Okay. Yeah, that's fine. I just
misunderstood when I was looking at that. I get it.
If there's no further discussion, all in favor?
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October 22, 2013
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. OCHS: Madam Chair, would you like to go back to your
tabled item on the legislative priorities or --
COMMISSIONER COYLE: Let's do 12A.
MR. OCHS: Whatever the pleasure of the board.
CHAIRWOMAN HILLER: Let's go ahead and do 12A.
Item #12A — Discussed; Further discussion after lunch
RECOMMENDATION THAT THE BOARD ADJUST ITS PUBLIC
SPEAKER PRACTICE BY (1) PUBLIC COMMENT SHOULD BE
RELOCATED BACK TO THE END OF THE REGULAR
AGENDA; (2) WHENEVER PRACTICABLE, AGENDA ITEMS
THAT ARE EXPECTED TO GENERATE SUBSTANTIAL PUBLIC
COMMENT SHALL BE STAGGERED OVER MULTIPLE
MEETINGS; AND (3) SHOULD THERE BE LARGE GROUPS OR
FACTIONS AT THE MEETING, THE CHAIR MAY ALLOW A
REPRESENTATIVE OF EACH GROUP OR FACTION TO
ADDRESS THE BOARD ON A PROPOSITION BEFORE THE
BOARD, RATHER THAN ALL MEMBERS OF SUCH GROUP OR
FACTION, BUT SHALL GIVE SUCH REPRESENTATIVE A
MINIMUM OF 15 MINUTES TO ADDRESS THE BOARD —
MOTION FOR PUBLIC COMMENTS TO CONSIST OF NON-
AGENDA ITEMS (CURRENT AND FUTURE), SPEAKERS MUST
STATE NAME AND ADDRESS, NO ADVERTISING (POLITICAL
OR BUSINESS), TO BE THE NEXT NEW ITEM AFTER LUNCH
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October 22, 2013
AND MOVING ADVERTISED PUBLIC HEARINGS TO NO
SOONER THAN 1 :30 P.M. — DISCUSSED
MR. OCHS: Item 12A was previously Item 16K4 on your
agenda. It's a recommendation that the board adjust its public speaker
practice by, number one, public comment be relocated back to the end
of the regular agenda; number two, whenever practical, agenda items
that are expected to generate substantial public comments shall be
staggered over multiple meetings and, number three, should there be
large groups or factions at the meeting, the chair may allow a
representative of each group per faction to address the board on a
proposition before the board rather than all members of such group or
faction but shall give such representative a minimum of 15 minutes to
address the board.
And Mr. Klatzkow will present.
COMMISSIONER FIALA: Excuse me for interrupting, but this
is just about us personally, and this -- we've got members here -- I
think we're paying people money to sit in our audience from both
CRAs, right? And that's on -- that's -- I don't know, 12, I think, it is,
or -- no, no, that's --
COMMISSIONER HENNING: We're beyond that.
COMMISSIONER FIALA: I'm sorry. What is it? 14B, right?
Yeah. And I would think that as long as the County Attorney's going
to stay with us the rest of the day, we might as well talk about that just
a little bit later. Well, that's my opinion. Of course, you can overrule
me.
CHAIRWOMAN HILLER: Commissioner Coyle, you were the
one who recommended --
COMMISSIONER COYLE: Let's get it done.
CHAIRWOMAN HILLER: -- 12A.
COMMISSIONER COYLE: You know, we can do both of these
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in a relatively short period of time.
CHAIRWOMAN HILLER: Okay. So we're going to keep it in
the manner in which it's been laid out. Go ahead.
MR. KLATZKOW: Part of the problem, I think, that's been
generated is some assumptions I made, because everybody lives in
their own world, and I apologize for that.
If it's all right, I'd like to go through these sequentially. The first
recommendation I have is that public comment be relocated to the
back of the regular agenda. By public comment, I mean public
comment on general topics, not public comment on everything.
We essentially have --
CHAIRWOMAN HILLER: Can you -- hang on a second.
Forgive me for interrupting. But what you really mean to say is public
comment on non-agenda items, be it on the current agenda or what has
been announced will be on a future agenda. Isn't that what you mean?
MR. KLATZKOW: We have a separate portion of the agenda,
public comments on general matters, which is comments on stuff that
is not on the agenda, that is correct.
CHAIRWOMAN HILLER: On the --
MR. KLATZKOW: On the present agenda for the board, yeah.
CHAIRWOMAN HILLER: Presented, but also on a future
agenda. Like, hypothetically, if-- and there should be clarification on
this, because let's say, you know, for many of-- for practically all the
-- actually, I think for all the agenda items that we move forward, we
state with specificity this item will be brought back, like, at the first
meeting in December or the, you know, meeting in November as the
case may be.
So are we going to take public comment on items that will be
discussed by the board at a future agenda, on a future agenda?
Because my understanding was this was for items that are non-agenda,
present or future where the board has stated it would be on a future
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agenda.
MR. KLATZKOW: What I'm referring to is what is currently
now Agenda Item 7.
CHAIRWOMAN HILLER: Correct.
MR. KLATZKOW: Okay. Which used to be in the back of the
agenda. We relocated it back in early 2012 to the front of the agenda.
CHAIRWOMAN HILLER: Right.
MR. KLATZKOW: All right. Now, we've got a number of areas
where the public gets the ability to come to the board. The first one is
public petition, okay. Public petition has a genesis in both the federal
and the Florida Constitution where people have the right to redress
their government of the grievances. That is the first thing we do as a
board pretty much before we even get down to general business.
So any member of the public who wants to come before you with
a grievance or to ask you to do something has the ability to petition
you under this item.
The second way that the public gets to comment is on what I will
call general legislative matters, so that any ordinance before you or
any contract before you throughout the entire day, we have public
speakers, they come here, they give their public speaker slip to Troy,
they're called at the end of every particular -- before the board votes,
and they get to voice whatever opinion they might have.
The third type of public participation we have is our land-use
items where typically we'll have a rezoning or a conditional use or
variance, and people from the neighborhood, typically, who are
affected by that have the ability to come here, sometimes in large
numbers, to tell you exactly what they think of that particular
proposed item.
The last opportunity the public has to address you is public
comments on general topics. These are off the agenda, okay. That
has nothing to do with the present board business. Typically, for
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many, many years, we had this at the end of the agenda so that people
could listen to what you said and, at the end of the day, come back and
just give you "this is what I feel" or "this is what I need" or whatever.
It would be any comment of whatever nature on whatever item that
was not on the agenda.
CHAIRWOMAN HILLER: Okay. Well, then the -- where it's
labeled "public comment on general topics" should be public comment
on non-agenda'ed topics, and that should include those topics that are
not coming forward on a future agenda, because we don't want to hear
-- we want to hear what the public's comments are on that topic when
it's in front of the board when it's on the agenda.
And with respect to the opportunity to communicate, while
you've listed a host of opportunities for the public to communicate,
what you haven't stated is that the public has the ability to directly
communicate with the commissioners and with staff ahead of an item
coming on the agenda as well.
MR. KLATZKOW: Every one of your constituents has the
ability to meet with you privately --
CHAIRWOMAN HILLER: Right.
MR. KLATZKOW: -- to express their concerns, and often that
will come on as a commissioner item.
CHAIRWOMAN HILLER: Right, absolutely. I mean, I've had
people ask me to put items on the agenda, and I have.
MR. KLATZKOW: That is correct.
In any means, the purpose for moving this back really is -- we hit
it last meeting where we had a number of public speakers who wanted
to talk about items that were not on the agenda, all right, and they kept
getting pushed back with time-certain items.
It's my feeling that the board's business has to come first. It's the
public's business. And that the -- if you're going to have -- if you're
going to have -- if you're going to have, in essence, a deli ticket line of
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people to talk to the board, in order of importance, I think the board
historically had it right with public petitions coming first, legislative
items coming second, land-use items coming third, and just public
comments on general topics coming fourth. We're just talking about
the people standing in line to talk to their government. I think that's,
in my experience, the better way to go.
And so the first recommendation was to move back what we now
have as Item No. 7, move it back towards the end of the agenda.
The second proposal I had -- and this is really to help the County
Manager -- and it's to, whenever practical, agenda items that are
expected to generate substantial public comment, should try to be
staggered over multiple meetings.
Last meeting was a difficult meeting that we had a numbers of
items that were of great public interest. This meeting, less so. We'll
probably be done this meeting, you know, well before 2 o'clock.
You know, the County Manager, I think, does an outstanding job
in scheduling these things. Sometimes he comes under pressures from
various groups to get things on. I think this would strengthen his
ability to stagger items over time.
The last one is really right out of HB50, and it's also really what
we've been doing all these years in part of our resolution anyway,
okay, where if you've got large factions showing up at your meeting, it
gives the chair the ability to ask them to designate a speaker.
It's really for the purposes of managing the debate, for keeping
order. We've done this over time. I've known that commissioners
often will say if-- everybody here raise your hand if you're in favor of
this, and that will happen, or raise your hand if you're not in favor of
it, that will happen, and that will often make for a better debate.
I don't know the point of having 50 people come up for three
minutes saying the exact same thing when they can designate a
speaker who can give you 15 minutes of what the position really is.
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But that's just to be used on occasion and just to manage your
agenda, which you have the power to do anyway.
It's in your resolution -- your existing resolution. I just think it
gives clarity to that. And those are my proposals.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: Madam Chair, have we lost our
mics?
MR. OCHS: No, sir. Just that podium mic, I'm afraid.
MR. MILLER: No, we lost everything, but it's back. It was
everything, but it's back.
COMMISSIONER COYLE: Okay. I agree with the process of
trying to make this more efficient, but there's one fundamental fact,
and that is if you don't have the public comment at the very beginning
of the meeting or establish a time certain for it, you never make it
convenient for people to be heard, because they'll never know when
the meeting is going to be the end if you put it at the end of the
meeting, so they'll have to sit around here for the entire day. They
can't come in late in the day, because they might find out we finished
early.
So as far as sequencing is concerned, I think the early part of the
agenda is the proper place. And, as the chair has observed, at the MPO
meeting we have that titled public comments about items that are not
on the agenda.
CHAIRWOMAN HILLER: Right, and that's how it should be
stated.
COMMISSIONER COYLE: And that's how it should be stated,
and we should not permit people to make comments under public
comment and then come back and talk about the same item under the
agenda. They should talk about it at the same time.
Now, there are some other considerations. We have had people
come in here and make business presentations under public comment.
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We've had people talk to us about what they intended to do in our
community and what services they might be providing in our
community. I think we've got to restrict that, because this is not the
place for people to make commercials.
The same thing occurs with respect to political campaigns. We
have in the past couple of meetings had an individual who comes in
and says he's creating a new political party, and then he spends half
the day wandering around through the audience talking to people and
shaking hands and all that sort of business. This is not a campaign
platform, and we should not permit that sort of thing.
We should be requiring that people talk to us about things that
are within our purview of responsibility and things we should be
expected to take action on. And that's -- I think it should be limited to
that.
There are a number of people, particularly when we have land
development decisions to be made, who say, well, the lawyer for the
developer took 30 minutes, so I should get 30 minutes, and that
doesn't make a lot of sense. You should get enough time to present
your position. You shouldn't just get enough time to sit up here and
talk for a long, long, long time.
But with respect to large groups of people, I found it very helpful
to meet with those people before the meetings. I would schedule them
either the week before the meeting or the Monday before the meeting,
and I would talk with their attorney or their homeowners' association
president or whoever they had as a spokesperson, and I would say to
them, please don't have 20 people get up and say the same thing over
and over and over again.
Designate one or maybe even two spokespersons. And then as
the County Attorney has stated, we would ask them to stand up and
say who is in favor of the comments made by this spokesperson. They
could stand up, raise their hands; we would get an appreciation for
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how many people were there.
It's not really necessary that everybody be heard. But there will,
inevitably, be people who do not want someone else representing them
and they want to hear (sic), and we should hear them. But by meeting
with these people beforehand, I found it useful because 80 percent of
the people were willing to have a designated speaker, and they agreed
to that before they ever walked into the room. So it's a lot easier to
handle that way.
So those are my observations and -- for whatever they're worth,
but that's all I have to say about the topic.
CHAIRWOMAN HILLER: Thank you.
Commissioner Nance?
COMMISSIONER NANCE: Yes. Commissioner Coyle, I do
concur on your concerns about redefining the public comments on this
agenda to items not on the agenda, and I think your concerns about off
topics are -- should be included in our decision on this item.
Furthermore, I do believe that there is some utility in having
large groups managed under the specific conditions where some group
might come before this board intending to disrupt the normal business
process or to generally filibuster the board on an issue.
COMMISSIONER HENNING: Right.
COMMISSIONER NANCE: And so I believe that we do need a
mechanism within our policy to be able to keep the meeting run with
some decorum and also have it be efficient in that case.
Other than that, I don't think any of the commissioners at present
have ever done anything but support a fully open communications
policy. I think we have a very broad policy where there are many
opportunities for people to engage, and I'm very comfortable with it.
I'm also very comfortable with moving it to the back of the agenda if it
does have some utility.
My concern is that we have the ability to have a time-certain in
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the morning as well as -- to be able to check one of those off and also
be able to have an afternoon that runs efficiently, so I believe that
would be helpful. And simply that, you know, individuals coming and
making a comment on a topic not on the agenda are no more nor less
important than any other citizen or any other agenda topic.
So I believe if that helps with efficiency and gives the chair some
opportunity to conduct the meeting more efficiently, I would fully
endorse it.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER HENNING: Well said.
COMMISSIONER FIALA: Yes, thank you very much.
Yes, I agree with most everything everyone has said here. I think
when it comes to difficult or controversial subjects, not everybody in
the audience will agree or even from the same community, and
sometimes if you designate only one to speak, then you'll have others
who differ.
And I'm going to veer off one second and say I remember a big
subject that was happening actually in Pelican Bay and everybody
chose a particular person to speak for them and, yet, when that person
got to the podium, she never mentioned the subject at all, and she
spoke for, I guess it was 12 minutes, and I think everybody there --
COMMISSIONER COYLE: It must have been Commissioner
Hiller.
CHAIRWOMAN HILLER: I know. I was just wondering.
COMMISSIONER FIALA: No, no, no, it was not you. And
everybody then felt rather --
CHAIRWOMAN HILLER: Don't laugh, Leo.
COMMISSIONER FIALA: -- disappointed and deflated.
So we have to make sure that both sides are represented, if they --
if they do that. And I think, just as Commissioner Nance had said, we
all really, really feel that we need to have open communication with
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the public. They have a right to speak, and we want to hear them and
-- because many times they bring information up that we hadn't even
thought of before. I think that's good, too.
One of the things, though, maybe what we could do, as
commissioners here, is when we hear our speakers, we should hear
them right in the beginning and, you know, after the presentation, but I
don't think we ought to talk during that period of time.
Sometimes we drag the conversation out more than the speaker.
And so I think we could just -- if we kind of curtailed that until
everybody's had their say and we could make notes about what we
want to refer to, that might help in a time-saving period.
Thank you. That's it.
CHAIRWOMAN HILLER: Commissioner Coyle?
COMMISSIONER COYLE: No, that's -- I've said everything I
need to say.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Yeah. If we could just stay on
the topic, I think we'd get through these meetings a heck of a lot
quicker, but that's not on the agenda.
CHAIRWOMAN HILLER: Well, you know, the good news is is
the meetings have never been faster in the history of the meetings --
COMMISSIONER HENNING: Absolutely.
CHAIRWOMAN HILLER: -- so we could always be faster.
COMMISSIONER HENNING: You're great.
CHAIRWOMAN HILLER: And that's always -- there's always
room for just, you know, zipping it right along but not with ever
compromising the quality of the debate and the opportunity for the
public to speak.
I'd like to make a few comments. The first is, we do need to
clearly define what public comment is on the agenda. And, again, it
should be those items not on the agenda and those items that the board
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has not scheduled to be brought back on a future agenda.
Secondly, the public needs to clearly understand that the
time-certains that we establish are on agenda items where we expect a
large number of public speakers. And so what we do is we set a
time-certain because there might be a controversial issue where, you
know, 20 people might want to come and speak, and so we set that
agenda item as a time-certain as a courtesy to the public so that they
have the opportunity to come and speak at that time and not have to
wait the entire day.
With respect to the second item regarding substantial public
comment -- agenda items that are expected to generate substantial
public comment, the public needs to understand that the Board of
County Commissioners individually, staff, and the constitutional
officers all have the ability to place items on the agenda. And while
the County Manager and the chair will try to tell these individuals or
entities that, you know, it's a heavy meeting and there will be a lot of
controversial issues and please consider, you know, bringing this
forward at another meeting, at the end of the day if a constitutional
officer or a board member wants something on that particular agenda,
neither the chair nor the County Manager can refuse that request.
So while there will be every effort made to manage the items as
reasonably as possible, the word "whenever practicable" has to be
explained, and that's the explanation for it.
And then with respect to large groups or factions, Commissioner
Fiala is correct, both sides have to have the opportunity to be heard.
And to the extent that, you know, you're looking at two sides to every
issue, you know, the 15 minutes is to each group so that they both
have the opportunity to present their positions in a similar fashion.
The question I have with respect to that is what defines a large
group, and that should be clarified.
And, lastly, with respect to the quasijudicial hearings, again,
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what is presented as oral testimony in quasijudicial hearings is
governed by a -- by the rules of evidence but a lighter version of the
rules of evidence, and everything that's presented during a
quasijudicial hearing must be relevant to what is being addressed as
the issue before the board.
The only -- the concern I have is the timing of public comment.
The reason I had recommended we move public comment to the
beginning of the meeting was so that those individuals who did want
to speak on a matter that was not on the agenda or not on a future
agenda would have the opportunity to speak at the head of the meeting
and not have to wait to the end when we didn't know when, you know,
the end would come about, because some meetings are short, some are
long.
And I'm listening to the board, and it seems like the majority of
the board would like to try to go back to what we had. We can try it.
I personally would prefer to have it at the beginning of the meeting
and do it at a time certain to continue to allow these people to be heard
and then, you know, they could go along their merry way.
But, again, strictly on those items not on the agenda and not on --
not slated to be on a future agenda, as so stated in a board meeting.
So -- but, again, it's the will of the board.
COMMISSIONER COYLE: I'm in favor of going to the front.
CHAIRWOMAN HILLER: Oh, do you?
COMMISSIONER COYLE: Yeah.
COMMISSIONER FIALA: And I don't mind that either. I was
going to just --
CHAIRWOMAN HILLER: As a time-certain?
COMMISSIONER FIALA: Yeah.
CHAIRWOMAN HILLER: But as a time-certain?
COMMISSIONER FIALA: Yeah, because now we're limiting
them to what they can speak on, and it's only subjects that aren't on the
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agenda. And we're asking -- anybody else who has anything to say --
CHAIRWOMAN HILLER: To speak to the agenda item.
COMMISSIONER FIALA: -- that isn't on the agenda, yeah.
CHAIRWOMAN HILLER: Which is what has always been the
case, but it, you know, was not respected.
So if we do it at a time certain at the beginning of the meeting,
what time, County Manager? How would you see that flow?
And what we could do, actually -- let me just take a look here.
COMMISSIONER COYLE: Do it before we get involved in any
business. That's the way the MPO is.
CHAIRWOMAN HILLER: Right. So --
COMMISSIONER COYLE: Once you begin to talk about a
topic, you lose control of the timing. But if you --
CHAIRWOMAN HILLER: So you could do it ahead of-- but I
want the agenda changed to properly define what public comments is,
and when the speaker submits the speaker slip, it's your responsibility
to make sure that it is not an item that is on the agenda and not an item
on a future agenda that the board has directed will be on a future
agenda.
COMMISSIONER FIALA: And I agree with the way you
worded it before. I think that that pretty well explains it.
CHAIRWOMAN HILLER: Let me make sure you understand.
MR. OCHS: Yeah, we understand, Commissioner.
CHAIRWOMAN HILLER: Well, he's not -- you don't look like
you understand.
MR. MILLER: No, I understand. I just said maybe on the future
agenda that might be hard for me to --
COMMISSIONER HENNING: Oh, that's just the way he looks?
MR. MILLER: The items that may be on a future agenda may be
difficult for me to surmise.
CHAIRWOMAN HILLER: No, it's not because we have -- we,
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as a board, have specifically defined what will be on a future agenda.
We, for example, say, all right, you do a presentation on public safety
as it relates to drilling. We have directed the County Manager, bring
that back in two meetings. The County Manager knows exactly what
will be on a future agenda.
MR. OCHS: Yes. I'll have a list for Troy, and the two of us will
CHAIRWOMAN HILLER: Right. And we have so many items,
you know, that we know will be coming forward, because that's what
we have directed. Those individuals should speak to those items when
it's presented and, ahead of that time, speak to the individual
commissioners and speak to staff to address what their concerns are so
that they're contemplated in the process.
MR. OCHS: I understand.
CHAIRWOMAN HILLER: And then with respect to public
comment, make it on the agenda item at that future date.
COMMISSIONER FIALA: On that same subject, so we don't
veer off to another part, maybe we should also, when planning the rest
of the agenda, not try and crowd two major subjects which we know
would be controversial or difficult at the same time and giving them
only a half hour. Maybe we should do one in the morning -- I realize
everybody wants a time-certain, and I respect that, but maybe they
should go in the afternoon or something like that.
CHAIRWOMAN HILLER: And the attempt is always made to
do that. The problem is, is you've got people who go, "no, we cannot
do the afternoon."
And so to the extent that a balance can be achieved and there's an
idea of how much time can be given to each and still make it work to
benefit both groups, we try to. But you're absolutely right, where we
can, to push it into the afternoon and the morning separately,
obviously, is the right way to go. You're absolutely correct.
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So it certainly is not without trying -- that everybody has tried --
is, you know, looking -- or we are trying to please everybody.
MR. OCHS: Commissioners, if you leave it where it is right now
without assigning a time-certain, and we try to operate under this new
set of guidelines, I would suggest we give that a try and the board --
CHAIRWOMAN HILLER: The problem we have, though, is the
issue of the time-certains, which, again, is for the public, those large
groups of speakers on a particular topic who have to be heard in the
morning, for example, and then we've got, you know, public speakers
under public comment who get bumped because we have a
time-certain. And when we set a time-certain, that has to be respected.
COMMISSIONER NANCE: That's an excellent reason to move
it to the end of the day, ma'am.
CHAIRWOMAN HILLER: And so -- or what you could do -- I
have -- the alternative is you could do public comment as, you know,
the first item after lunch, and then everybody knows, well, lunch is
usually between, you know, 12:00 and 1 :30 because the -- go ahead,
sir.
COMMISSIONER HENNING: We have a time-certain lunch
before we get to public comment. Can we take a lunch break before
we get to public comment on this item?
COMMISSIONER NANCE: See.
COMMISSIONER HENNING: Then we'll come back.
CHAIRWOMAN HILLER: I would consider those fighting
words.
MR. OCHS: You can certainly do that, ma'am. You could do it
at 1 o'clock and then start your advertised public hearings --
CHAIRWOMAN HILLER: After 1 :30.
MR. OCHS: -- no sooner than 1 :30.
CHAIRWOMAN HILLER: No sooner than 1 :30.
MR. OCHS: That gives you a half hour to do those, plus any
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other overlap from the morning.
CHAIRWOMAN HILLER: Because that's a lot of speakers,
because if you take, you know, three minutes into 30, that's a lot of
speakers.
MR. OCHS: The other option is if the board would limit
themselves on the number of proclamations per meeting, we would
move through some of the ceremonial things early. But that's difficult
because of lot of these events are on a certain week or a certain month
of the year.
CHAIRWOMAN HILLER: It's very difficult.
MR. OCHS: It's very tough to manage how many of those,
because you don't want to celebrate them after the fact, obviously.
CHAIRWOMAN HILLER: I think we should celebrate
Thanksgiving at Christmastime. I think that makes perfect sense.
Let's listen to the public --
COMMISSIONER HENNING: I'm getting hungrier now.
CHAIRWOMAN HILLER: I know, I know. All right. And we
know the way to a man's heart is through his stomach, so we need to
stay focused on that.
COMMISSIONER COYLE: That depends on the man.
CHAIRWOMAN HILLER: Well, that's true, too, whether it's a
real man or not so real man.
COMMISSIONER NANCE: We're going to need self-induced --
CHAIRWOMAN HILLER: Let me just say all lights are on. I'm
going to ask to allow the public speakers to speak, then we'll break,
and then we'll come back and we'll, you know, finalize the discussion
and vote on this.
MR. MILLER: We have three public speakers. Your first
speaker is John Lundin. He'll be followed by Nicole Johnson.
MR. LUNDIN: Thank you for letting me speak at public
comment.
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COMMISSIONER HENNING: You're welcome.
MR. LUNDIN: Commissioner Henning, you're just -- I know
you're a competitive person and so am I, but sometimes you've just got
to, like, compromise. You know, that's how government works, is
compromise.
I totally agree with the idea of making public comment on
general topics time-certain, even if you want to make it at the end of
the meeting. I've been to many city and county government meetings
in other places where public comments on general items is at the end
of the meeting, say at 5 p.m. Like, sometimes meetings will end at 1
p.m., but the board will have to come back at 5, and then there's, like,
four people sitting there that want to do public comment.
So I like the concept of making it time-certain. I don't care when
you make it time-certain. You could make it at midnight, you know,
as long as you do it.
The one big problem I have is the third section here where you
want to -- you want people in a faction to pick who will represent
them.
Now, I've read the backup material, and on the Florida Senate
Bill analysis and fiscal impact statement, on Page 4 it reads,
constitutional issues, municipal county mandates restrictions. If a
county incurs additional expenses associated with longer meetings, an
exemption may apply if there is an insignificant impact. I know this is
an obscure part of this law, and it kind of contradicts the concept of
having orderly meetings where you want to have one person speak for
a faction, but it's written there right in the backup material that, kindly,
Mr. Klatzkow put on there.
And I've spoken to a member of the Florida ACLU in Miami, and
they agree, this is kind of an obscure thing, but it says you -- in order
to shorten the meeting -- say 20 people show up here and you want
one person to speak for 15 minutes. Basically, you're shortening the
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meetings, and you have to show there's a fiscal impact, a cost
associated with having the meeting last an hour longer.
Now, let's be reasonable. Everybody in this room that is working
here is on salary. I mean, if you have to stay an extra hour to hear 20
people, there is no additional cost. I think the court stenographer,
she's probably the only hourly person in this room, and she doesn't
even work for the county. So I think if you -- if you do this, it's
challengeable in court.
And I spoke -- you know, the ACLU is -- they're the hardcore
defenders of free speech and right to redress their government. So I
think there would be a legal challenge unless, Mr. Klatzkow, you can
show there's some fiscal impact to shortening the meetings. I mean, if
you could show that you could save a lot of money by shortening the
meeting, I would agree to it, but I don't think you can.
Thank you.
MR. MILLER: The next speaker is Nicole Johnson. She'll be
followed by Bob Krasowski, your final speaker on this matter.
MS. JOHNSON: Good afternoon. For the record, Nicole
Johnson here on behalf of the Conservancy of Southwest Florida.
I do appreciate that I am standing between you and lunch, so I
will be brief.
First of all, thank you very much for pulling this item from the
consent agenda for discussion. I think that this has been an important
discussion.
And just as some background, the Conservancy does advocacy in
a five-county region, so we deal with a lot of municipal and county
governments, and Collier County has a really stellar public inputting
process, so we appreciate what the county has, and that's why we
wanted to have some further clarification on the suggestions for
tweaking or improving the board meetings.
The first recommendation was to, perhaps, move the time for
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public comment. And the Conservancy believes that it could be at the
beginning of the meeting or that time-certain right after lunch, I like
that idea, and make it very clear that it's for items not on the agenda,
because I agree, you don't want people rehashing things that they're
going to be commenting on on an agenda item.
I think that there needs to be some very clear guidelines for what
is something that's going to come on a future agenda, that it should be
in the process or be scheduled so that it isn't something that could be
considered way out that really hasn't been a scheduled agenda
program.
The second recommendation from the County Attorney dealt
with staggering issues, and I think I, perhaps, misread that, because I
thought that it was intended to stagger one issue over multiple
meetings --
CHAIRWOMAN HILLER: No.
MS. JOHNSON: -- but that isn't the intent. It's to make sure that
the agendas have as few controversial issues as possible, so we
support that.
And the third issue is about having large groups of people being
represented by one spokesperson. And I think that's what you do
already. I want to make sure that this language will not force people
who don't feel that they are part of a certain group to be represented by
any spokesperson. So I think it's good to further define what a group
is and to kind of keep the process the way that it is. Have it as an
option out there, because I think it does create effectiveness and
efficiency. You don't have people saying the same things. But some
people might not be for or against. They may have questions,
recommendations.
And so we just want to make sure that if someone does have
something to comment, that they are allowed that opportunity. I think
that's what I'm hearing, so we're supportive of that.
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October 22, 2013
CHAIRWOMAN HILLER: Yeah. Thank you so much.
MS. JOHNSON: Thank you.
MR. MILLER: Your final speaker on this item is Bob
Krasowski.
MR. KRASOWSKI: Good afternoon, Commissioners. Bob
Krasowski, for the record.
I want to comment on the -- on what was said about the speed of
these meetings, how they've been shortened. Like, speed doesn't
always represent quality. I mean, you have a job to do. We have
issues at hand. You're very important -- have very important
responsibilities. So let's not go too far with shortening the meetings.
I appreciate, for the most part, a number of the comments.
Commissioner Coyle, I think, came closest. But to my count, I see
three people up here willing to leave things the same as far as the
structure of the scheduling but with some modification.
I think the comment that the issues must be -- that the speakers
under public comment should focus on general issues that are not on
the regular agenda, that should be solid. It was that way. We drift
sometimes, but that's the way it should be.
We -- the idea of limiting people's comments on issues that might
be on future agendas is not a good idea.
My comments today to update you on two concerns regarding the
turtle -- the treatment of the project management for the turtle nests
that exist and also the clarification on my previous comments about
the condition of the hearing process would not have been permitted
because at some point in time in the future you're going to talk about
beach renourishment.
So I think that the public comment is an excellent chance for the
public to temper the commissioners' sensibilities before they do the
people's work of the day. You know, you'll hear things from people
that might not be on the agenda, certainly wouldn't be on the agenda,
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October 22, 2013
but you get a sense. You get a sense and flavor of what people are
about.
You know, this brings me to when Commissioner Fiala
mentioned one time there was a meeting, a whole bunch of people got
-- and spoke. It was about the 18 inches being allowed, a house to go
18 inches off of its path, but one person brought up the point, by doing
the 18-inch allotment, it also allowed the people to have a second
story, and that just threw the whole thing out. Sometimes you need to
listen to so many people to get to that one important kernel.
The oil issue that came before you, of course, involved a lot of
public speakers. This happens once in a while; not too often. A lot of
time the public comment is occupied by a few people.
But that oil issue wasn't an instance of the tail wagging the dog.
That was the people rising up to come to you to alert you of
inadequacies that existed in terms of health, safety, and welfare,
impact fees, and all that other kind of stuff.
COMMISSIONER HENNING: Is it lunchtime?
MR. KRASOWSKI: So I think you got my point, and thank you.
CHAIRWOMAN HILLER: We'll be back -- thank you. We'll
be back at 12:15 (sic). Thank you.
MR. OCHS: 1 :15.
CHAIRWOMAN HILLER: I'm sorry. Wait a second. That's the
way I eat, okay, which is not at all -- so 1 :15. I'm sorry.
(A luncheon recess was had, and Commissioner Coyle is absent
for the remainder of the meeting.)
CHAIRWOMAN HILLER: This meeting is now back in
session.
County Manager, before we go back to the last item we were
discussing, which was --
MR. OCHS: 12A.
CHAIRWOMAN HILLER: -- 12A, that's correct, would you
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October 22, 2013
like to make an announcement about the agenda item related to the
CRA, which is 14B1?
MR. OCHS: Yes, ma'am. Thank you.
Item #14B1
RECOMMEND THE COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY (CRA) REVIEW AND APPROVE
THE IMMOKALEE AND BAYSHORE GATEWAY TRIANGLE
CRA'S 2013 SUPPLEMENTAL STATUS REPORTS — MOTION
TO CONTINUE TO THE NEXT BCC MEETING — APPROVED
Mr. Muckel, who was scheduled to present one of the two CRA
interim reports under your Item 14B1, has, unfortunately, taken ill.
Given the fact that we'd like to present these together in most
cases, I've asked both CRA directors to just wait till the next meeting,
and we'll slide this, if the board doesn't mind, to the next meeting
agenda for subsequent presentation at that time.
COMMISSIONER HENNING: I make a motion that we
continue 14 what?
MR. OCHS: B 1.
COMMISSIONER HENNING: B 1.
COMMISSIONER NANCE: Second.
MR. OCHS: To the next meeting, yes, sir.
CHAIRWOMAN HILLER: Is there any discussion on that?
(No response.)
CHAIRWOMAN HILLER: There being no discussion, all in
favor?
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
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October 22, 2013
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Then motion carries unanimously,
and the item will be brought back at the next meeting.
MR. OCHS: Thank you.
Item #12A — Continued from earlier in the meeting
RECOMMENDATION THAT THE BOARD ADJUST ITS PUBLIC
SPEAKER PRACTICE BY (1) PUBLIC COMMENT SHOULD BE
RELOCATED BACK TO THE END OF THE REGULAR
AGENDA; (2) WHENEVER PRACTICABLE, AGENDA ITEMS
THAT ARE EXPECTED TO GENERATE SUBSTANTIAL PUBLIC
COMMENT SHALL BE STAGGERED OVER MULTIPLE
MEETINGS; AND (3) SHOULD THERE BE LARGE GROUPS OR
FACTIONS AT THE MEETING, THE CHAIR MAY ALLOW A
REPRESENTATIVE OF EACH GROUP OR FACTION TO
ADDRESS THE BOARD ON A PROPOSITION BEFORE THE
BOARD, RATHER THAN ALL MEMBERS OF SUCH GROUP OR
FACTION, BUT SHALL GIVE SUCH REPRESENTATIVE A
MINIMUM OF 15 MINUTES TO ADDRESS THE BOARD —
MOTION FOR PUBLIC COMMENTS TO CONSIST OF NON-
AGENDA ITEMS (CURRENT AND FUTURE), SPEAKERS MUST
STATE NAME AND ADDRESS, NO ADVERTISING (POLITICAL
OR BUSINESS), TO BE THE NEXT NEW ITEM AFTER LUNCH
AND MOVING ADVERTISED PUBLIC HEARINGS TO NO
SOONER THAN 1:30 P.M. — APPROVED
CHAIRWOMAN HILLER: Thank you.
So we'll go back to 12A at this point.
COMMISSIONER HENNING: Madam Chair, just an
observation.
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October 22, 2013
CHAIRWOMAN HILLER: Yes.
COMMISSIONER HENNING: I don't see where the topic
"public comment" needs to be moved, needs to have a time-certain.
The only problem we've had in the recent past, we've had some hot
topics, such as beach renourishment, well drilling, and things of that
nature. And it's -- we have tried to accommodate the general public
by putting public comment in the beginning or in the end.
So it's never going to be perfect. I say leave that alone. The
whole thing why we had this on here was to address the legislature --
or the law, and that is, when you've got a group, to allow for a
spokesman for the group. And the other one, let's -- my opinion, let's
leave it alone.
CHAIRWOMAN HILLER: I think it might be worth trying.
And, again, we're always going to be refining our approach. The
problem with what we have currently is that the time-certains that are
morning time-certains do interrupt the public comment when there are
more speakers.
Now, you appropriately pointed out speakers have been talking
to items that either were on the agenda or were coming forward on a
future agenda. And so, quite frankly, really those speakers should
have reserved comment to the appropriate agenda item.
But why don't we just experiment? And, again, you know, this is
all fluid, and we're looking for the best process. Why not try, you
know, 1 :30 time certain and see if that works.
COMMISSIONER HENNING: Well, you have special interests
that has all the time in the world to be here at 1 :30; however, the
general public --
CHAIRWOMAN HILLER: Right.
COMMISSIONER HENNING: -- okay, the working class, can't
get here at 1 :30.
CHAIRWOMAN HILLER: That's true. Well -- and, actually,
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October 22, 2013
that was an argument for why you would have it at the end of the
meeting, so people could come at the end of the day to speak. I mean,
that's the other option.
COMMISSIONER HENNING: Right. That suggestion was --
CHAIRWOMAN HILLER: Commissioner Fiala, do you have
any thoughts on that?
COMMISSIONER FIALA: I like the idea of the 1 o'clock --
CHAIRWOMAN HILLER: 1 :30.
COMMISSIONER FIALA: -- for the speakers. No, I think we
said it was 1 :00, and 1 :30 we were going to start the afternoon topic so
that we gave them about a half hour. Was that correct, Leo?
MR. OCHS: Yes. I believe the discussion was 1 :00 if you're
going to do a time-certain for public comment, and then by 1 :30 you
can go into your advertised public hearings if you have any scheduled.
Commissioner Nance?
COMMISSIONER NANCE: Yes. I had recently spoken to the
County Attorney about timing in the morning because of some of the
problems that we seem to experience from meeting to meeting. And
what I suggested to him at that time was if we were going to continue
to try to be able to have a time-certain in the morning -- and you'd
typically get around to those about 10:30 -- that sometimes we were
bumping into lunch.
And knowing that sometimes there's business that's actually
conducted over lunch and wanting to maintain a full hour, I suggested
to him that we move the public hearings to no sooner than 1 :30 with
the idea that that would give the chair the flexibility to push lunch
down 15 minutes if it had utility in the morning, if you could conclude
an agenda item or, if not, having lunch at the normal time, it would
allow for 30 minutes immediately after lunch to conclude an item or to
have, you know, just a little bit of flexibility to manage that morning
schedule.
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Because it seems that once we get into a 10:30 time-certain, then
we're bumping into lunch, then we're bumping into hearings, then
we're bumping into a couple other time-certains that you may find that
you need to hold.
Now all of a sudden you've got dangling participles from the
morning that are cascading late into the afternoon.
So I thought that maybe -- that that is something that even the
County Manager could do administratively with -- together with the
chair, to try to juggle that morning, because we always have
proclamations.
You know, if you want to have public speakers for things not on
the agenda, you could try to do that, but it would give you just a little
bit of wiggle room.
I think there are several meetings where if we'd have had that, it
would have made a significant difference in how smoothly the
meeting would have run for the rest of the day.
CHAIRWOMAN HILLER: Well, I think -- the problem really
boils down to -- and I think what we have identified as the root of the
issue is that I think there is or has been a misunderstanding as to what
public comment is about.
And I think -- you know, Commissioner Coyle made the
appropriate point. It's not the opportunity to speak twice on the same
subject that's on the agenda, and ifs not intended to be for an agenda
item, as pointed out by the County Attorney, nor is it intended to
address an agenda item which is coming forward as announced by the
board.
So what I think is is that the volume of speakers under that
agenda item will reduce if there's a clear understanding that those
discussions are to be had under the agenda item in question.
And so I don't think we'll be running into the problems we've run
into in the last few meetings as a consequence.
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So maybe -- you know, the question becomes, with respect to the
timing, do you want it at the beginning, do you want it in the middle,
or do you want it at the end?
COMMISSIONER HENNING: End.
CHAIRWOMAN HILLER: At the end?
COMMISSIONER HENNING: Yeah.
CHAIRWOMAN HILLER: And where do you want it,
Commissioner Nance? What's your feeling on that? Do you not care?
Commissioner Fiala, I think, likes it after lunch. I wouldn't mind
trying it after lunch. I mean, we tried it at the end. We really had no
problems when it was at the end, and the only reason --
COMMISSIONER HENNING: Right.
CHAIRWOMAN HILLER: -- that I -- and we never had any
problems when it was at the end, and the only reason I had
recommended we move it forward to the beginning is just to be
accommodating but, obviously, that wasn't working very well.
So, you know, if the board wants to move it back to the end, I'll
go along with whatever the majority of the board wants.
COMMISSIONER NANCE: Well, realistically speaking,
Madam Chair, when we typically have it, it's normally at 10:00, 10:15
or somewhere in there when we get through those early items. The
public at large, unless they're retired, cannot come here and speak at
10:30 in the morning.
They might at the end of the day if they really had something or,
you know, they might be able to make arrangements if they're
speaking on a public petition, which they have do two weeks in
advance. They might be able to get there on a pared morning, but not
usually.
CHAIRWOMAN HILLER: I think your mic is out.
COMMISSIONER NANCE: I think it's out, too.
COMMISSIONER FIALA: Possibly, you know, when we're
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October 22, 2013
talking about time-certains, and usually the public is coming out for
time-certains, and we have in the past -- we've always tried to -- is it
okay?
MR. OCHS: Can we just take a pause, please, till we get the
microphones fixed.
COMMISSIONER NANCE: I think public speaking has been
discontinued, County Attorney.
MR. OCHS: We solved the problem. Pull the plug on the
microphone.
COMMISSIONER NANCE: Is that included in the agenda
item? I didn't see that.
CHAIRWOMAN HILLER: I think maybe it's an omen.
COMMISSIONER FIALA: Okay. That's good. Is it working
now?
MR. DURHAM: It seems to be, Commissioner.
MR. OCHS: Commissioners, may we take a short break while
we try to restart --
CHAIRWOMAN HILLER: We'll take a short recess while
they're trying to work on the --
COMMISSIONER NANCE: Technical --
(A brief recess was had.)
CHAIRWOMAN HILLER: Okay. Commissioner Nance, you
can start singing.
COMMISSIONER NANCE: We're going to sing. As long as
Mr. Ochs doesn't want to talk at the same time, we're good to go.
COMMISSIONER FIALA: Okay. I'll finish then.
CHAIRWOMAN HILLER: Go ahead.
COMMISSIONER FIALA: Of course, you maybe lost the best
part. No, I'm just kidding.
I was thinking, first of all, if we know -- say, for instance, it's an
issue with, like, oil drilling, for instance, where a lot of people who are
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working in the Estates would want to be here. Well, then we could
give it a time-certain of four or five or something.
CHAIRWOMAN HILLER: Whatever time.
COMMISSIONER FIALA: That way -- yeah, just like we do
with the Land Development Code amendments or the budget, 5:05 --
CHAIRWOMAN HILLER: Well, we do that --
COMMISSIONER FIALA: -- you know, this way then we take
that into consideration. But the other things that -- like, for instance,
the Equestrian Challenge, well, we knew probably who would be here.
That was fine. You know, usually everybody's fine. They just want
to a time-certain, and they'll accommodate that time-certain and move
it into their schedule.
So I think if we make sure we don't have time-certains backed up
on one another and we always take into consideration what the issue is
so we know when to schedule it, I think we could work with that
pretty easily.
CHAIRWOMAN HILLER: So what would you-all like? What
-- where are we on this?
COMMISSIONER HENNING: At the end of the meeting.
CHAIRWOMAN HILLER: Is that what you want?
COMMISSIONER NANCE: You want to try it at the end?
COMMISSIONER FIALA: That's fine, that's fine.
COMMISSIONER NANCE: Let's try it at the end for a while.
See what happens. I don't -- on the one item on this agenda item, I
will say on the large groups worrying about a spokesman or whatever,
I would like to leave that open for determination of that issue at that
time to make sure that it accommodates the circumstance that we're
dealing with. And I believe the chair and the board should make --
well, we should have a provision that allows us to arrange for that on
an as-needed basis. I don't think we need to set a time or anything
else.
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October 22, 2013
I believe that we should be able to accommodate it based on the
purpose that we're seeing in front of us. I mean, if we have a
legitimate issue, maybe we need to make an agenda item and continue
it. Maybe we need to set a time-certain for later in the day so we can
allow for time, or maybe we need to not entertain it because
somebody is purposely trying to disrupt the activities of the board. I
think we just need to leave it open so we can manage it as the statute
provides us the ability to do so.
COMMISSIONER HENNING: I agree.
CHAIRWOMAN HILLER: So, basically, then, what we're
singularly voting on is the time of the public comment, which are the
non-agenda-related discussions.
COMMISSIONER FIALA: Yeah, you asked before, and I said
it's fine. I think it's good if we gave it a time-certain. I don't care
when it is, but a time-certain so that people know when to be here and
so we're not waiting around either. You know, say, for instance, our
meeting is out and you extend it -- you've done this once where you
just extended it, and we were all done by one o'clock.
Well, you know, people won't know that we're extending it. I
think it would be a little easier with a time-certain but, you know,
obviously I'll go with the majority.
COMMISSIONER HENNING: Okay. We have consensus.
CHAIRWOMAN HILLER: So is -- are we going to take a vote
on this? I, personally, would prefer to try it at 1 :30 time-certain. That
would be my preference.
COMMISSIONER FIALA: One o'clock.
CHAIRWOMAN HILLER: No, 1 :30.
COMMISSIONER FIALA: Okay. Let me say, usually we start
our afternoon, any land-use issues, at one o'clock, and that's the reason
CHAIRWOMAN HILLER: No, no sooner than one o'clock, and
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we're changing that to no sooner than 1 :30, so we could still have a
time-certain for public speaking at 1 :30.
MR. OCHS: One p.m.
CHAIRWOMAN HILLER: I was going to say 1 :30.
MR. OCHS: Oh, okay, okay.
COMMISSIONER FIALA: Well, then what happens -- usually
those land issues are pretty complicated --
CHAIRWOMAN HILLER: They are.
COMMISSIONER FIALA: -- and by the time they present, so
what do we do between --
CHAIRWOMAN HILLER: So we can do one o'clock.
COMMISSIONER FIALA: -- 1 :00 and 1 :30?
CHAIRWOMAN HILLER: I mean, we could do 1 :00.
COMMISSIONER NANCE: Why don't we just say --
CHAIRWOMAN HILLER: We could do 1 :00. I don't know.
COMMISSIONER NANCE: Why don't we just say first thing
after lunch; that way if you extend it, you need to do some extending
in the morning, you're not running into a time-certain that you've
declared.
CHAIRWOMAN HILLER: I like that. First item after lunch.
COMMISSIONER NANCE: First item after lunch, and then you
can have your public hearings not before 1 :30.
CHAIRWOMAN HILLER: I think that's fine. I like that. And
like I said, this is purely to test it, and if it doesn't work, we can -- I
mean, we know having it at the end of the meeting works. I mean, we
know there were never any issues with that. And this is just another
approach that we can try and maybe -- why don't we -- we could try
that for, you know, one meeting or two meetings and then,
Commissioner Henning, when you're chair, you can, you know, take it
to the end of the meeting if you prefer. It's --
COMMISSIONER HENNING: Okay. So we're not adopting
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policy. We're just -- we're going to proceed at the --
CHAIRWOMAN HILLER: Could we do that? Could we --
MR. KLATZKOW: This is just procedure.
CHAIRWOMAN HILLER: This is procedure.
MR. KLATZKOW: This is not an ordinance. I mean, it's easily
changed.
CHAIRWOMAN HILLER: Okay.
MR. KLATZKOW: Whatever you want to do.
CHAIRWOMAN HILLER: Can we test it and see what it's like
MR. KLATZKOW: Absolutely.
CHAIRWOMAN HILLER: -- at 1 :30 time-certain, and if that
doesn't work and we're running into problems with that --
COMMISSIONER NANCE: First thing after lunch.
CHAIRWOMAN HILLER: I'm sorry, forgive me -- first thing
after lunch, the first agenda item after lunch would be public speaking,
and -- the only thing is, if we have an item that runs through the
morning and doesn't finish by lunch, we would conclude that item,
then public speaking would be the first item after that.
COMMISSIONER FIALA: Okay.
CHAIRWOMAN HILLER: Because we don't want to interrupt
-- you know, if we have a time-certain --
COMMISSIONER NANCE: That's what we need to avoid.
That's what's causing this grief.
CHAIRWOMAN HILLER: Right. So if there's a time-certain --
or it doesn't matter. If there's an agenda item that starts before lunch,
doesn't end by lunchtime --
COMMISSIONER NANCE: So it will be the first new item
after lunch.
CHAIRWOMAN HILLER: The first new item after lunch will
be public speaking.
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October 22, 2013
COMMISSIONER FIALA: We also want to make sure that --
CHAIRWOMAN HILLER: On non-agenda items.
COMMISSIONER FIALA: -- they change what they say on
here.
CHAIRWOMAN HILLER: And, Leo, if you can change the
label to make it clear --
MR. OCHS: Yes.
CHAIRWOMAN HILLER: -- that public comment is for
non-agenda or -- on the current or future, you know, board directed.
MR. KLATZKOW: And before we leave this topic, do you want
some sort of ban on commercials or politicking or --
CHAIRWOMAN HILLER: Yes. I mean, I don't think it's
appropriate. I don't think you can legally politic on government.
MR. KLATZKOW: Well, this is a limited forum. You're
allowed to limit it. You don't have to. If you want to -- if you want to
say, now, our business does not include your commercials or our
business does not include where you are politicking, that's fine, and
then the chair would have the discretion to end it.
The County Manager can put in the notice on the agenda that,
you know, public comment will not include, da, da, da, da, da.
CHAIRWOMAN HILLER: Yeah.
MR. KLATZKOW: And that, by itself, should really limit it.
CHAIRWOMAN HILLER: Yeah. If we can legally do that
without restricting anyone's right to speak.
MR. KLATZKOW: This is a limited public forum --
CHAIRWOMAN HILLER: Yes.
MR. KLATZKOW: -- for the people's business, not to promote
your store.
CHAIRWOMAN HILLER: Right. Yeah, that's fine.
MR. OCHS: And then with respect to the advertised public
hearing items, are we going to change that to say to be heard no
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sooner than 1 :30, or are we going to leave it?
CHAIRWOMAN HILLER: No sooner than 1 :30. Because,
again, if we don't have any public speakers, we could start those items
at 1 :30. So no sooner than 1 :30 is appropriate.
COMMISSIONER NANCE: That will be cleanup, too.
CHAIRWOMAN HILLER: Yeah.
MR. KLATZKOW: And one last cleanup item. You have your
speaker items for people -- do you want them to put down the topic for
the general --
CHAIRWOMAN HILLER: Yes, absolutely.
MR. KLATZKOW: Because that would --
COMMISSIONER NANCE: That will help us.
CHAIRWOMAN HILLER: The topic --
MR. KLATZKOW: That will help us cull it out.
CHAIRWOMAN HILLER: And we absolutely need to know the
topics, and everybody does need to state their name and address for
the record --
MR. KLATZKOW: That's there.
CHAIRWOMAN HILLER: -- when they speak, and that's one of
the other problems that we have, because, you know, it is important
for us to know that someone is speaking because they're in the district
of whatever the issue is. Like, for example, if someone is speaking to
oil and they live in the Fifth District versus if someone is speaking to
oil and they live in the Second District.
I mean, from understanding where that speaker is coming from, it
does benefit us to know, you know, where they live so we understand
how close they are to the issue and, you know, why they feel
passionate about it in a particular fashion. I think it's certainly helpful
for us to understand their position.
So the -- our speaker manager -- you're our speaker manager.
MR. MILLER: Yes, ma'am.
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October 22, 2013
CHAIRWOMAN HILLER: Okay. It's your responsibility to
make sure that they announce their name, their address, and that they
should state what they are talking to if it is not on an agenda item, if
it's on public comment. You know, they should say, my name is so
and so, I live at such and such address, and I'm here to talk about
butterfly gardens in the county, for example.
MR. MILLER: That's fine, yes. And the County Attorney has
said it might behoove us to maybe make a subtle change to this form
CHAIRWOMAN HILLER: Change it.
MR. MILLER: -- because right now it does not indicate -- it's
just the agenda item and the agenda item title.
CHAIRWOMAN HILLER: Right, absolutely.
MR. MILLER: I'll work with Leo's office.
CHAIRWOMAN HILLER: Yeah. You want to change the
form, change the disclosure on the agenda so everybody understands,
you know, what the different headings refer to.
COMMISSIONER HENNING: It should have at least a
two-page form to fill out --
MR. MILLER: At the minimum.
COMMISSIONER HENNING: -- and notarized.
CHAIRWOMAN HILLER: All right.
Is there anything else?
(No response.)
CHAIRWOMAN HILLER: No, I think that pretty much covers
it. And this is -- do we have to vote on this, or is this just a procedural
direction?
MR. KLATZKOW: Let's vote on it.
CHAIRWOMAN HILLER: Okay. So the motion, then, is to
make the public comments section, which is limited to non-agenda'ed
items neither on the current agenda nor on a future agenda as has been
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October 22, 2013
identified by the board for those public speakers who will identify
themselves by name, address, and topic, to be as the first new piece of
business after lunch, and that the public hearings -- is that the fair way
to describe it -- that the public hearings will be heard no sooner than
1 :30 p.m., and that the speaker slips will be changed to provide for
additional clarity, and that the agenda will be refined to provide for
clarify as well with respect to those issues.
COMMISSIONER NANCE: And we're going to exclude
political commentary and business promotion?
CHAIRWOMAN HILLER: Yeah. There will be no advertising
or any type of campaigning permitted during public comment.
MR. KLATZKOW: And we are changing Troy's title?
CHAIRWOMAN HILLER: I'm sorry.
MR. KLATZKOW: And we're changing Troy's title?
CHAIRWOMAN HILLER: Yes. What are we changing his title
to?
MR. KLATZKOW: What was it?
CHAIRWOMAN HILLER: Chief public speaking officer.
MR. KLATZKOW: Your public speaker manager.
COMMISSIONER NANCE: Minister of public speaking.
CHAIRWOMAN HILLER: Actually, isn't it -- no, we'll call him
speaker of the house, you know, speaker of the board.
COMMISSIONER NANCE: Speaker of the board.
COMMISSIONER FIALA: I like that.
CHAIRWOMAN HILLER: Actually, you know what, I have a
great idea. In fact, let's just change his name completely. We're going
to call him Tip O'Neil from now on. Hey, Tip.
COMMISSIONER FIALA: Look, he's blushing.
CHAIRWOMAN HILLER: What can I say?
MR. MILLER: I'll put on weight.
MR. KLATZKOW: And start drinking.
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October 22, 2013
CHAIRWOMAN HILLER: Hey, let me just say this. You've
already got the charm, so you've got three-quarters of it covered.
You're set.
MR. MILLER: And I'm half Irish.
CHAIRWOMAN HILLER: And, importantly, that you must
manage these speakers, because the chair shouldn't be managing the
speakers.
MR. MILLER: Yes, ma'am.
CHAIRWOMAN HILLER: You need to make sure that they
present all the information and that they're on topic. If they're off
topic, you know --
MR. MILLER: Yes, ma'am.
CHAIRWOMAN HILLER: Rein them in.
COMMISSIONER NANCE: I'm sure there's a parliamentary
title for him, either chancellor or minister.
CHAIRWOMAN HILLER: He's the speaker of the house.
COMMISSIONER FIALA: I really like speaker of the house. I
think that sounds good.
CHAIRWOMAN HILLER: I like it. Like I said, just call him
Tip.
All right. We have a motion. Do I have a second?
COMMISSIONER FIALA: Second.
COMMISSIONER NANCE: Second.
CHAIRWOMAN HILLER: All right. We have a motion and a
second. All in favor?
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
CHAIRWOMAN HILLER: Any opposed?
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries 3-1 with
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October 22, 2013
Commissioner Henning dissenting.
MR. OCHS: Commissioners, that takes us back to the previously
tabled item, which was 11B.
Item #11B — Continued from earlier in the meeting
RECOMMENDATION TO REVIEW AND APPROVE THE
PROPOSED COLLIER COUNTY 2014 STATE LEGISLATIVE
PRIORITIES — MOTION TO APPROVE REVISED LISTINGS AS
PRESENTED BY STAFF — APPROVED
CHAIRWOMAN HILLER: And I just want to emphasize, I
want to make it clear, when it was at the end of the meeting, it did
work. We're going to try this approach. If it doesn't work, then the
final solution is to take it back to where it was.
MS. WIGHT: Good afternoon, Commissioners. Hello?
MR. MILLER: I can fix it.
MS. WIGHT: Hello? Good afternoon, Commissioners.
We prioritized, on your direction, the issues to advocate, and I
can put some on the visualizer.
The first four we thought was probably -- are probably the most
important issues. We've got public safety center on Alligator Alley at
No. 1; inland oil drilling and fracking at No. 2; economic incubator,
No. 3; and the OF/IFAS facility, keeping it open on No. 4.
We have communications services taxed No. 5; Lake
Okeechobee Basin, 6; and beach funding and maintenance, No. 7.
I just wanted you to know I fully plan to put in streamline
permitting under beach funding per Coyle request, Commissioner
Coyle; and under gaming, I understand what his request is there as
well, and it's just to make a more general statement such as support 3
percent local government share of gaming proceeds in the future,
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October 22, 2013
period.
MR. OCHS: Okay.
COMMISSIONER HENNING: Move to approve.
CHAIRWOMAN HILLER: Yep.
COMMISSIONER FIALA: Second.
CHAIRWOMAN HILLER: The only one that -- well -- and I
guess we can leave it where it is, but the synthetic drugs. I mean, that
is a big deal.
COMMISSIONER NANCE: I think that has huge, wide support.
CHAIRWOMAN HILLER: Supporting -- yeah, support
prohibiting certain types of packaging in marketing of products
claiming to mimic the effects of illegal drugs.
COMMISSIONER NANCE: I think that's fairly uncontroversial.
CHAIRWOMAN HILLER: Yeah, I agree.
So, yeah, we have -- do we have a motion and a second?
COMMISSIONER NANCE: Yes.
MR. MILLER: Madam Chair, we do have one public speaker,
Bob Krasowski.
CHAIRWOMAN HILLER: Go ahead.
MR. MILLER: Bob, please state your full name and address for
the record.
MR. KRASOWSKI: Bob Krasowski, Collier County. I don't
want to be more specific than that because after the last meeting I
received an email saying that Commissioner Coyle was going to take
a hit out on me from Chicago, and then I investigated and found that
there was nothing to that. It also identified Commissioner Henning.
But I know that if Commissioner Coyle wanted to rub me out, it
would have been done long ago, and nobody would have found any
trace of me, okay. I was going to wear -- some of you might
remember what went on there.
But to get right on target here, three of the issues here -- and I
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October 22, 2013
wish Commissioner Coyle was here, because I wanted to kind of
speak to him about some of his positive ideas.
But in terms of the beach nourishment, there's a lot going on now
already to address the beach nourishment issue, so I guess it's good to
mention our interest.
And as far as streamlining permitting, that's happening. But, you
know, we should really specify that we're also interested as a
community -- and everybody can speak at these administrative -- at
these hearings --
CHAIRWOMAN HILLER: Sure.
MR. KRASOWSKI: -- you know, that we're interested in
maintaining the integrity of the wildlife, you know, not just turtles, but
turtles, the shellfish, and all the critters that live there to feed the birds
and all that stuff, that that should be a major concern, because it's
getting left aside because it's not in the interest of the industries that
work the beaches to accommodate them, because they do get in their
way.
Oil and gas, the task force, I think you should include in there
economic conditions because there's a lot to be understood about that
pool of oil that is under everyone, and one who -- anybody drills into
that, they're sucking up the oil and the oil flows from underneath the
properties of people who have not lost or given up their oil rights, so
they have to be compensated for the oil that's lost to them by the fact
that these other people are sucking the oil out of the ground.
And that will -- really requires a lot of analysis, geological
analysis, determination of what proportional amounts of resources are
taken from people. You can't just drill a hole and steal everyone's oil
from under them, I think.
And the economic incubator, I think we should focus in on local
and state. I notice you had a component in there for international. We
really don't need that anymore. I mean, you know, America's, like,
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October 22, 2013
evaporating. We should try to strengthen what's available -- is that
two or three?
MR. MILLER: That was two and a half.
MR. KRASOWSKI: Two and a half.
MR. MILLER: You have thirty seconds.
MR. KRASOWSKI: Thank you very much, 30 seconds.
You know, we should really try to enhance our local resources,
the people that are here, the projects that fit here, and there's a lot of
opportunities, and a lot can be done. So those just might come in
somehow. Thank you.
CHAIRWOMAN HILLER: Thank you.
Okay. We have a motion and a second. There being no further
discussion, all in favor?
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries -- I'm assuming
that's an aye from you, too.
COMMISSIONER FIALA: I did say that, too.
CHAIRWOMAN HILLER: Okay, sorry. Motion carries
unanimously.
MS. WIGHT: Thank you.
CHAIRWOMAN HILLER: I will see you -- Deb, let's you and I
coordinate. We'll review this together again to make sure that we
present appropriately in front of the delegation. And if you could
schedule a time, say, a week ahead so we can, again, review this,
discuss it, and it will leave us a few days left over in case we need to,
you know --
MS. WIGHT: Sure.
CHAIRWOMAN HILLER: -- just to be prepared to answer any
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October 22, 2013
questions if the delegation has any questions of us when we present.
And I'm assuming you'll be there --
MS. WIGHT: I will be there.
CHAIRWOMAN HILLER: -- at the same time that I will be?
MS. WIGHT: Yes.
CHAIRWOMAN HILLER: I look forward to it. And the date of
that will be?
MS. WIGHT: November 26th. It's Thanksgiving week, and it's
here in the boardroom. The afternoon session starts at two.
CHAIRWOMAN HILLER: Two p.m. here in the boardroom.
MS. WIGHT: Yeah.
COMMISSIONER FIALA: And that's on a Tuesday, right?
MR. OCHS: Yes, yes.
MS. WIGHT: And there's a -- the public hearing, a meeting,
actually starts at the IFAS facility in Immokalee at 9 a.m., but then
they recess for lunch, I believe at 11, and --
CHAIRWOMAN HILLER: And I'll be presenting here at 2
p.m.?
MS. WIGHT: Yes, ma'am.
CHAIRWOMAN HILLER: Perfect. I'll look forward to it. It
should be a lot of fun.
COMMISSIONER NANCE: Thank you very much for your
work on this list, Debbie.
CHAIRWOMAN HILLER: Thank you, Debbie.
COMMISSIONER NANCE: I know that you-all have a
tremendous amount of work in the text that goes with each one of
them, and I appreciate the time you spent and the detail you put into it.
Thank you.
MS. WIGHT: Thank you.
Item #15
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October 22, 2013
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Commissioners, that takes us to Item 15, staff and
commission general communications.
CHAIRWOMAN HILLER: Go ahead, County Manager.
MR. OCHS: Okay. I only have one housekeeping item for the
commissioners this afternoon. And perhaps Ms. Kinzel can help me
with this.
The board was kind enough to budget a $1,000 increase in salary
for each employee for Fiscal '14. As we did the math to turn that into
an hourly calculation times 2080 hours in an average work year, we
were either finding that get everybody $1,000, the actual rate would
go somewhat higher than that.
And so the clerk had indicated we need to get that approved so
that we could make sure we were paying according to what the board
had intended.
So in other words, if we take that and divide by 2,080, it turns out
to be $1,000.06 of annual earnings, not $1,000.
COMMISSIONER NANCE: So moved.
MR. OCHS: Technically we need the --
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: Oh, no. I think we have to have a
debate. I really don't think that this is appropriate. I think it needs to
be analyzed. I think it needs to be studied.
MR. OCHS: Okay.
COMMISSIONER NANCE: Fiscal impact of the six cents?
CHAIRWOMAN HILLER: I think we need to have a vitriolic
debate, and I don't think we can put this to rest so easily. So how dare
you propose a motion so quickly. Did you think about this? Have
you considered the --
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October 22, 2013
COMMISSIONER NANCE: I'm going to call for a workshop.
CHAIRWOMAN HILLER: -- fiscal impact?
COMMISSIONER NANCE: I want a workshop.
CHAIRWOMAN HILLER: Damn right.
MR. OCHS: That's all I have. Once I can get concurrence from
the board, we can move out.
CHAIRWOMAN HILLER: Do I have a second?
COMMISSIONER HENNING: Second.
CHAIRWOMAN HILLER: Any discussion?
(No response.)
CHAIRWOMAN HILLER: All right. All in favor?
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously.
MR. OCHS: Thank you very much, Commissioners. That's all I
have.
CHAIRWOMAN HILLER: Don't ever let that happen again.
MR. OCHS: No, ma'am.
CHAIRWOMAN HILLER: Oh, my God. Ten lashes with a wet
noodle.
COMMISSIONER FIALA: It might have been easier to just
give them $1,000 up front, let them use it for something big that they
need, and we can save the six cents in every case.
MR. OCHS: That's another problem. Then we get into bonuses,
and it's a whole different --
COMMISSIONER NANCE: Tax ramifications for the six cents.
CHAIRWOMAN HILLER: We're all very happy right now.
COMMISSIONER FIALA: I didn't say it till after the vote.
MR. OCHS: Yes, I know. Thank you.
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October 22, 2013
CHAIRWOMAN HILLER: Thank you. That's it?
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: Okay.
MR. KLATZKOW: Nothing, ma'am.
CHAIRWOMAN HILLER: Nothing.
Commissioner Fiala? Oh, yeah. Crystal, anything you'd like to
say?
MS. KINZEL: We appreciate the clarification on rounding.
Thank you.
CHAIRWOMAN HILLER: Only you would have found that,
Crystal. I'm just going to say that for the record.
Commissioner Fiala?
COMMISSIONER FIALA: Nothing.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: A couple things. Some of you
have taken notice that my "Drill here, drill now" bumper sticker was
scratched over the weekend. I just want to report that I'm -- I've
ordered two new ones. One to go on the good side and one to go on
the new side when it's fixed.
The second thing, question for my colleagues. Is there any
appetite to move the CRAs under the County Manager? There's a lot
of functions -- well, one example that we had this morning with the
airports is, you know, these projects didn't have any oversight by
anybody with any knowledge. And we have the expertise of grants --
CHAIRWOMAN HILLER: Yeah.
COMMISSIONER HENNING: -- you know, all kinds of land
use; that's what the CRA does.
CHAIRWOMAN HILLER: Real estate -- insurance, real estate,
grants.
COMMISSIONER HENNING: Correct.
CHAIRWOMAN HILLER: Capital projects. I actually think it's
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October 22, 2013
a great idea. What -- if we did something like that, what I would
suggest is that it be moved under the economic development umbrella
and that, you know, specific aspects of CRA business be assigned to,
you know, like I said, real estate or insurance or, you know,
infrastructure development.
But the intent, really, of the CRAs is to help gentrify the
communities that are not optimally growing and to help them, you
know, prosper economically.
So I don't know if the County Manager would be willing to
explore that, but I think it makes sense to bundle economic
development in the CRAs together, given that they have a common
focus.
COMMISSIONER HENNING: Well, it's blight.
CHAIRWOMAN HILLER: I understand.
COMMISSIONER HENNING: You could say that -- you could
put it under the housing department.
CHAIRWOMAN HILLER: You could put it under housing, too.
That's certainly another option, but it -- the intent -- I mean, you're
getting rid of blight by trying to make the community more
prosperous, you know, because -- I mean, your goal is to see
businesses thrive and, you know, get rid of what isn't succeeding so
that the community can have a higher standard and a higher -- a higher
standard of living and a higher quality of life.
COMMISSIONER HENNING: How about this: If there's an
appetite for the majority, why don't we ask the County Manager to
bring back some ideas?
CHAIRWOMAN HILLER: I think it's a great idea. Is that
agreeable?
COMMISSIONER NANCE: Yes.
COMMISSIONER FIALA: Yes. I -- they need some
specialized care with people who actually know how to run a CRA.
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October 22, 2013
We don't have those people in place right now because they're gone.
And this is a very important function that is happening in two
areas that really need it the most, and it needs some expertise in this
area.
I don't mind if the County Manager goes back and explores it, but
keep in mind -- and we have to make sure that it meets the statutes that
allow a CRA to be established in the first place and that it will be
effective. Because the longer we stall and the longer we spin our
wheels, the less time -- the less time we have to accomplish the goals
of eliminating slight -- slum, blight, crime, and bringing that area up to
a better standard, not only of living, but of providing back to the
county with businesses locating there, paying taxes, and improving the
quality of life for everybody in the area.
CHAIRWOMAN HILLER: Exactly, and that's how it ties into
the whole economic development initiative.
But, Leo, if you could go ahead and bring that back --
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: -- that would be great.
And, by the way, Brad Muckel and Jean Jourdan, I think, have
done a fabulous job. Everybody has been very complimentary of their
performance. In fact, I don't think that either CRA has really
performed better than in the recent past.
Fiscally, the Bayshore CRA is now turned around and is strong.
When I started, it was a fiscal disaster, and Immokalee the same. I
think both are doing really, really well.
COMMISSIONER FIALA: Let me comment on that. They're
down to just a couple employees at the Bayshore CRA, and they're
really struggling. Because I've talked to them and listened to what they
had to say.
CHAIRWOMAN HILLER: Sure.
COMMISSIONER FIALA: And Jean has always said, you
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October 22, 2013
know, she's working way more overtime than she likes to do and her
family likes her to do, but she's going to do that, you know, because
that's her job. She doesn't get paid a cent more than what she was --
when she was working as a planner, which she's trained to do.
She was looking forward to hiring an executive director with the
knowledge and expertise to lead them onto a different level. But she's
working hard to try and keep their heads above water and doing a
superb job for somebody who isn't even trained in that area.
They're at odds over trying to find people to cover the jobs,
because there's only a couple of them.
CHAIRWOMAN HILLER: Yeah, but there's where rolling it
under the County Manager's Office will make a difference, because,
for example, public projects --
COMMISSIONER FIALA: How many more departments can
he handle?
CHAIRWOMAN HILLER: He's a superstar. You can handle
more, can't you?
MR. DURHAM: We would like a Navy, ma'am.
CHAIRWOMAN HILLER: I just want you to know, when I
look at him, for as long as he keeps looking as good as he does, I think
we can just keep rolling stuff under him.
MR. OCHS: You'll see a haggard guy next meeting.
CHAIRWOMAN HILLER: Go ahead, Commissioner Nance.
COMMISSIONER NANCE: I welcome this discussion because,
actually, I had -- earlier had an independent discussion with Mr. Ochs
about this very topic. And one of the things that I was interested in --
and I will tell you now that in the November meeting I'm going to be
bringing forth an agenda item to open the discussion and ask staff to
evaluate the advantages and disadvantages of adding another CRA to
Golden Gate Estates, which is an area that Commissioner Henning and
I share, as well as to see if there's any interest for Golden Gate City.
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October 22, 2013
COMMISSIONER FIALA: And then we might as well throw in
COMMISSIONER NANCE: What precipitated this
conversation, ma'am, is that Golden Gate Estates has a very specific
need, and that is strictly the rehabilitation and to come to grips with
the 1,200 vacant homes that we have in Golden Gate.
We don't have a situation where we have a lot of commercial and
older buildings that necessarily need to be rehabilitated because of
blight right now, but we have an existing residential blight crisis out
there.
And if you will examine what's happening with taxable value,
you'll find out that those areas out there that are suffering with all
these empty homes are still falling. So it is a big financial issue for the
county, and it's going to be -- if we don't take affirmative action on it,
I think it's going to be a problem going forward.
So what I would like to do with this agenda item -- and you'll see
me bring it forward, is to just explore the opportunities for that.
And if we decided that one or more additional units were
appropriate, then we would have to examine how we handle our CRAs
as a group. And perhaps -- I thought that it was very appropriate to,
perhaps, put it under the County Manager. Perhaps if we added to it,
then we could really justify getting a CRA manager with some
experience at dealing with these blight situations. I'm sure there are
some folks out there that could come.
So rather than have an individual executive director under
employment contract and so on and so forth for each one of our CRA
units, which actually are very different in their focus, we could have
one person that could really help us with the grants and the focus and
the expertise so we could spread out the need across all of our county
personnel that each have something to contribute.
CHAIRWOMAN HILLER: Let me make a suggestion. I mean,
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October 22, 2013
there are a lot of good ideas. I think each one of the commissioners in
turns needs to speak to the County Manager, give him input, and let
him assimilate the information relative to what the statute provides
and to what staff has the ability to do, and then bring back a number of
proposals that we could consider and discuss.
And I don't know if this is something you want as a workshop or
if it's just something that you want as an agenda item.
COMMISSIONER HENNING: Just an agenda item.
CHAIRWOMAN HILLER: Agenda? All right. We'll leave it as
an agenda.
Commissioner Fiala?
COMMISSIONER FIALA: Also, people who have been
requesting in my district, and I keep telling them, you know, we can't
afford it, you know, as far as the taxes and everything goes, because
that's where we freeze the taxes, as you well know.
And they've been asking for it in Naples Manor. I can
understand that. They've been asking along Thomasson Road, as well
as Mohawk Heights. And these are all very downtrodden areas; slum,
blight, crime rank high in all of those areas.
So I think if we're going to start creating new ones, you have to
remember my area as well.
But, Leo, as Commissioner Hiller said, talk with each one of us.
CHAIRWOMAN HILLER: Yeah.
COMMISSIONER FIALA: But I wanted to put that on the
record as long as Commissioner Nance mentioned it.
CHAIRWOMAN HILLER: And also to make sure that all of
this is reviewed with the County Attorney. Because, again, you know,
how this is structured and what this all means has to conform with the
statute. So I think it's very important that it be done legally.
COMMISSIONER NANCE: One thing of interest in this whole
thing is -- and not to chase this -- not to talk about an agenda item
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that's coming up on a future agenda, but it's not only the tax
incremental funding that we're talking about. That has its financial
impacts in and of itself--
CHAIRWOMAN HILLER: Which --
COMMISSIONER NANCE: -- but it also qualifies us for Mr.
Register's program under economic development. There are rural
areas that become qualified. There are areas that are economically
challenged that become qualified not only for grants but for also state
incentives under our economic development package.
So all this, you know, is something that we need to take into
account and, you know, put a little bit of analysis into it to see if it
really has some utility for us.
CHAIRWOMAN HILLER: Leo, the point about the grant
funding, you need to evaluate whether the CRA is the vehicle, because
oftentimes it isn't.
And as far as TIFs go, TIFs are very dangerous. In fact, all states
-- well, I shouldn't say "all," but many states are reversing their
position on TIFs, because TIFs were the biggest negative in terms of
the economic health of the states and the downturn. Like, California
had a lot of TIFs, and it was so bad that, I believe, Governor Brown --
and you can look this up -- but basically put, as I understand, a halt to
TIFs and, you know, stopped using them because they're very -- they
can be very problematic.
COMMISSIONER HENNING: That's the only item I had under
commissioners' comments.
CHAIRWOMAN HILLER: It's awesome. It was a great
suggestion. Thank you. Thanks for bringing that forward.
COMMISSIONER FIALA: Excuse me.
COMMISSIONER HENNING: It's always a pleasure.
CHAIRWOMAN HILLER: Yeah, that was a good one.
COMMISSIONER FIALA: What happens then with the City of
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October 22, 2013
Naples, who also has a CRA?
COMMISSIONER HENNING: Put it under the County
Manager.
COMMISSIONER FIALA: Pardon me?
CHAIRWOMAN HILLER: Hey, wait a minute, and give Nick
all the construction projects in the city, too.
MR. OCHS: Absolutely.
COMMISSIONER NANCE: Note to self, send a little memo to
Mayor Sorey about that later this afternoon; let him know.
CHAIRWOMAN HILLER: They would do their own. They're a
separate --
COMMISSIONER FIALA: But they have to request our
permission to create a CRA in the first place.
CHAIRWOMAN HILLER: Do they? I didn't know that.
COMMISSIONER FIALA: That affects everybody's taxes.
CHAIRWOMAN HILLER: Can you just make sure you look
into all these questions, County Attorney?
MR. KLATZKOW: We can structure this. I'll work with the
County Manager.
CHAIRWOMAN HILLER: Yeah. I think it's really important.
MR. KLATZKOW: You've got some resolutions we may have
to tweak, but once the County Manager has a framework in mind, we
can then mirror the resolutions.
CHAIRWOMAN HILLER: And also talk to Mark Isackson, you
know, to look at it from the financial standpoint to make sure we're --
MR. OCHS: Right, because the bottom line is --
CHAIRWOMAN HILLER: -- not creating a problem.
MR. OCHS: -- every dollar of tax revenue you reserve for a
CRA you don't get into your General Fund where it's coming now, so
CHAIRWOMAN HILLER: Right. So just balance it all out and
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October 22, 2013
figure it all out, bring it back to us, and we'll just sit there and, in five
minutes -- well, no. We'll make it 10 minutes --
MR. OCHS: Thank you.
CHAIRWOMAN HILLER: -- vote. No, I'm joking.
MR. OCHS: Will do, will do.
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: I just wanted to remind everyone
that we have a workshop on November the 5th that's going to include
the Collier County landscaping that's going to have probably a brisk
discussion about a bunch of interrelated things.
COMMISSIONER HENNING: Fruit trees.
COMMISSIONER NANCE: Oh, there's all sorts of things. I
mean, we can talk about --
CHAIRWOMAN HILLER: The Bald Cypress.
COMMISSIONER NANCE: Yes. Yeah, just remember -- I
resemble that remark.
Anyway, there's a lot of things in there. There's one item under
the LDC -- proposed LDC changes that deals with native plants, so
we'll have an opportunity to talk about native plants, design standards,
the funding for these, and I think we also should have the ability to
talk about irrigation-quality reuse water associated with that, because
that's a big demand on our landscaping and on our irrigation-quality
reuse water supply.
And, you know, we can also talk about how this relates to the
fertilizer ordinance issue, which is also lurking out there. We don't
have one right now other than the default setting. But we need to talk
about those sorts of things --
CHAIRWOMAN HILLER: No. I believe that was preempted
by the state, wasn't it? Didn't the state set that as a standard?
MR. KLATZKOW: I haven't looked at the issue in a couple of
years. At the time there was the preemption issue. I don't believe it
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October 22, 2013
exists --
CHAIRWOMAN HILLER: Yeah. I believe that was --
COMMISSIONER NANCE: I'm not advocating for that. I'm
just saying that this item may come up in discussion when we talk
about this, because this is a pretty complicated item. It can cross --
CHAIRWOMAN HILLER: Can you please --
COMMISSIONER NANCE: It will be good.
CHAIRWOMAN HILLER: I want to make sure that we don't
discuss something we have no control over. Can you please, for the
purposes of that workshop, advise us on the status of the fertilizer
ordinance and whether there's any local discretion or not. Because, if
my memory serves me correctly, I believe that the state finally settled
on preemption, but I may be mistaken.
MR. KLATZKOW: It would be my pleasure.
CHAIRWOMAN HILLER: Thank you. Go ahead.
COMMISSIONER NANCE: That's it. That's the only thing I
wanted to mention.
We've got -- also, on December 3rd we've got -- the second
workshop includes economic development for rural Collier in the
eastern part of the county, which will feed right back into --
CHAIRWOMAN HILLER: The CRAs.
COMMISSIONER NANCE: -- the CRAs. So it will be all
related, and I think it should result in some very good discussion over
a period of time.
CHAIRWOMAN HILLER: Are you sure you don't want to have
that CRA discussion as part of that workshop since we're having the
workshop as it is?
COMMISSIONER NANCE: Well, you know, maybe we'll --
well, we're going to have this workshop on December 3rd. By then
maybe we'll have a little bit of information that will help us in -- with
that discussion.
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October 22, 2013
CHAIRWOMAN HILLER: County Manager, what do you
think? Would it benefit you to bring options forward for an open
discussion as part of that whole economic development discussion,
since it really is tied into that?
MR. OCHS: Well, that's fairly specific, as I understood the topic
for rural economic development focus, which would, obviously, deal
with, perhaps, not only Immokalee, but areas of the Estates. But in
terms of the other CRAs in the urban areas, maybe not --
COMMISSIONER NANCE: Maybe not so much.
MR. OCHS: -- maybe not so much.
CHAIRWOMAN HILLER: Okay.
MR. OCHS: But, I mean, it's the board's pleasure if you want to
broaden the scope of that workshop. I'm just afraid that we'll lose the
focus on the rural economic issue --
CHAIRWOMAN HILLER: Then just leave it. Just leave it.
MR. OCHS: -- because we'll get into a much larger discussion.
COMMISSIONER NANCE: It will blend together naturally to a
certain extent anyway.
CHAIRWOMAN HILLER: No, that's fine.
MR. OCHS: And at the next meeting, we're going to have to
come with some more recommendations from the staff and get the
feedback from the board and vice versa about workshop topics going
into the new year. In fact, if the board has any that they would like to
get scheduled for the new year, please let me know, and we'll
incorporate those into our --
CHAIRWOMAN HILLER: I just want to know how much
excess capacity you have to absorb more, because this is actually --
you know, this is, like, really squeezing effectiveness and efficiency
out of government if we can keep adding like this.
MR. OCHS: Oh, my goodness.
COMMISSIONER NANCE: Well, he just got an airport, so he
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October 22, 2013
can get stuff delivered quickly.
COMMISSIONER FIALA: I think he's going to need more
employees to handle all of this.
CHAIRWOMAN HILLER: No. We just need to clone him.
Anything else?
COMMISSIONER NANCE: No, ma'am.
CHAIRWOMAN HILLER: All right. Well, I don't have
anything to add. I was challenged to wear a Halloween costume to
today's meeting. And I almost wore a purple wig but figured I would
satisfy the challenge by just wearing my cat ears.
So with that, I'm going to wish everyone in the county a very
Happy Halloween and safe trick-or-treating.
And, Leo, I'm just going to say you fell short on the Halloween
candies and the Halloween chocolates for today. But, otherwise, you
did an excellent job. So we thank you for your leadership in today's
meeting.
MR. OCHS: You're welcome.
COMMISSIONER NANCE: He'll make it up at Thanksgiving.
MR. OCHS: That's right.
CHAIRWOMAN HILLER: Well, for Thanksgiving, we're going
to have a very special meeting. We have a lot of guests that will be
attending that are really worthy of recognition.
COMMISSIONER HENNING: And thankful.
CHAIRWOMAN HILLER: And very -- and we are thankful to
them, and they are thankful to the community.
And so with that, I'm going to make a motion -- did you speak?
COMMISSIONER FIALA: Uh-huh.
CHAIRWOMAN HILLER: She spoke. Did you want her to
speak more?
COMMISSIONER NANCE: No, if she'd like to.
CHAIRWOMAN HILLER: Would you like to speak more?
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October 22, 2013
COMMISSIONER FIALA: Uh-uh.
CHAIRWOMAN HILLER: Are you sure? Do you want to
borrow my cat ears?
COMMISSIONER FIALA: Yeah, they're cute.
CHAIRWOMAN HILLER: You'd look good in them.
COMMISSIONER HENNING: Second the motion.
CHAIRWOMAN HILLER: All right. So we have a motion and
second to adjourn the meeting. Thank you very much. And, again,
Happy Halloween.
**** Commissioner Henning moved, seconded by Commissioner
Nance and carried unanimously that the following items under the
Consent Agenda be approved as amended ****
Item #16A1
RELEASE OF LIEN IN THE AMOUNT OF $67,312.56 FOR
PAYMENT OF $1,512.56, IN THE CODE ENFORCEMENT
ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS
VS. EMILIO AND EMMA HERNANDEZ, CODE
ENFORCEMENT CASE NUMBER CEPM20110013543,
RELATING TO PROPERTY LOCATED AT 406 12TH STREET
SE, IMMOKALEE, FLORIDA — FINES RELATED TO A MOBILE
HOME IN A POOR STATE OF REPAIR THAT WAS BROUGHT
INTO COMPLIANCE ON NOVEMBER 1, 2012
Item #16A2
RELEASE OF LIEN IN THE AMOUNT OF $172,880.29 FOR
PAYMENT OF $530.29, IN THE CODE ENFORCEMENT
ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS
Page 153
October 22, 2013
VS. MARIE L. GILOT, CODE ENFORCEMENT CASE
NUMBERS CESD20080015112, RELATING TO PROPERTY
LOCATED AT 1707 6TH AVENUE, IMMOKALEE, FLORIDA —
FINES PERTAINING TO CONSTRUCTION AND REMODELING
DONE TO A MAIN HOUSE AND SHED WITHOUT PERMITS
THAT WAS BROUGHT INTO COMPLIANCE AUGUST 20, 2013
Item #16A3
THE FINAL PLAT OF ESPLANADE GOLF AND COUNTRY
CLUB OF NAPLES, LOTS 6-8, APPLICATION NUMBER
PL20130001844 — THE DEVELOPER MUST RECEIVE A
CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO
THE ISSUANCE OF THE FINAL APPROVAL LETTER AND
PLAT RECORDING
Item #16A4
RESOLUTION 2013-238: A LOCAL AGENCY PROGRAM (LAP)
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) IN WHICH COLLIER COUNTY
WOULD BE REIMBURSED UP TO $265,000 FOR A TRAFFIC
NETWORK STUDY AND ANALYSIS AND THE NECESSARY
BUDGET AMENDMENT
Item #16A5
RESOLUTION 2013-239: ACCEPTANCE OF A SCHEDULE OF
SPEED LIMITS TO CODIFY SPEED LIMITS ON COUNTY-
MAINTAINED ROADWAYS
Page 154
October 22, 2013
Item #16A6
INVITATION TO BID (ITB) #13-6140 "PURCHASE OF
LIMEROCK AND FILL" TO FLORIDA DIRT SOURCE AS THE
PRIMARY VENDOR AND SOUTHERN SAND AND STONE AS
THE SECONDARY VENDOR — ON AN AS NEEDED BASIS
Item #16A7 — The wrong resolution was in the Executive Summary
and subsequently approved by the Board; item will be brought back
RESOLUTION 2013 240: A SPEED LIMIT STUDY REPORT
AND A RESOLUTION ESTABLISHING A SPEED LIMIT OF
FORTY (40) MPH FOR RATTLESNAKE HAMMOCK ROAD (CR
864) FROM COLLIER BOULEVARD (CR 951) EAST TO THE
FUTURE BENFIELD ROAD
Item #16A8
ADVERTISE FUTURE CONSIDERATION OF AN ORDINANCE
WHICH WOULD AMEND ORDINANCE 90-105, AS AMENDED,
KNOWN AS THE COLLIER COUNTY CONTRACTORS'
LICENSING BOARD ORDINANCE, IN ORDER TO APPLY
RECENT REVISIONS TO CHAPTER 489, FLORIDA STATUTES
— AMENDMENTS INCLUDE INCREASING CIVIL PENALTIES
TO ENCOURAGE COMPLIANCE WITH REQUIREMENTS AND
DETER WOULD BE VIOLATORS
Item #16A9
THE PURCHASE OF FY 14 BUDGETED VEHICLES AND
EQUIPMENT UTILIZING FLORIDA SHERIFF ASSOCIATION'S,
Page 155
October 22, 2013
FLORIDA ASSOCIATION OF COUNTIES CONTRACT #13-11-
0904 FOR OFF-ROAD UTILITIES, MEDIUM, HEAVY TRUCKS
& OTHER FLEET EQUIPMENT — TO REPLACE AGING
VEHICLES AND EQUIPMENT
Item #16A10
INVOKE AN EXEMPTION IN THE COUNTY'S PURCHASING
POLICY (SECTION VII, PARAGRAPH H) TO WAIVE
COMPETITIVE BIDDING AND OPEN A PURCHASE ORDER
FOR EXPERT WITNESS SERVICES IN SUPPORT OF EMINENT
DOMAIN LITIGATION FOR US-41/COLLIER BOULEVARD
INTERSECTION IMPROVEMENT PROJECT NO. 60116. (CVS
STORE NO. 7899). FISCAL IMPACT $35,000
Item #16A1 1
INVOKE AN EXEMPTION IN THE COUNTY'S PURCHASING
POLICY (SECTION VII, PARAGRAPH H) TO WAIVE
COMPETITIVE BIDDING AND OPEN A PURCHASE ORDER
THE AMOUNT OF $60,000 TO COVER EXPERT WITNESS
SERVICES IN SUPPORT OF EMINENT DOMAIN LITIGATION
FOR THE US-41/COLLIER BOULEVARD INTERSECTION
IMPROVEMENT PROJECT (PROJECT NO. 60116).
Item #16B1
BID #13-6022R, IMMOKALEE MSTU ROADWAY LANDSCAPE
MAINTENANCE TO A&M PROPERTY MAINTENANCE, LLC —
TO MAINTAIN AND REPAIR LANDSCAPE AND IRRIGATION
SYSTEMS IN IMMOKALEE'S CENTRAL BUSINESS DISTRICT
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October 22, 2013
Item #16B2 — Withdrawn (Per Agenda Change Sheet)
RECOMMENDATION THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS (BCC) ACTING IN ITS CAPACITY
AS THE COLLIER COUNTY COMMUNITY REDEVELOPMENT
AGENCY (CRA) APPROVE ATTACHED AMENDMENT #1 TO
A PREVIOUSLY APPROVED FUNDING AGREEMENT
BETWEEN THE CRA AND SOUTH FLORIDA WATER
MANAGEMENT DISTRICT (SFWMD) WHICH EXTENDS
THE PERFORMANCE PERIOD OUTLINED IN EXHIBIT B 1 :
PAYMENT AND DELIVERABLE SCHEDULE
Item #16C1
BID #13-6096, "SALE OF RECYCLED MATERIALS," TO
GARDEN STREET IRON & METAL INC., ALLIED RECYCLING
INC. AND A&D SCRAP METAL — FOR MATERIAL
COLLECTED AT COUNTY RECYCLING DROP-OFF CENTERS
Item #16C2
WORK ORDER UNDER RFQ #08-5011-105, IN THE AMOUNT
OF $215,000, TO QUALITY ENTERPRISES USA, INC., FOR
UNDERGROUND UTILITY CONTRACTING SERVICES FOR
THE SOUTH COUNTY REGIONAL WATER TREATMENT
PLANT REPLACEMENT OF CHEMICAL PIPING, PROJECT NO.
71065 — CURRENT PIPELINES RANGE FROM 10 TO 27 YEARS
IN AGE AND ARE IN NEED OF REPLACEMENT
Item #16C3
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October 22, 2013
PAYMENT OF $8,854.50 TO CDM SMITH, INC., FOR WORK
COMPLETED SUBSEQUENT TO A MEDIATED SETTLEMENT
AGREEMENT APPROVED BY THE BOARD OF COUNTY
COMMISSIONERS ON MAY 14, 2013, IN THE LAWSUIT
TITLED COLLIER COUNTY V. JOHN REYNOLDS & SONS,
INC., ET AL — UNDER WORK ORDER #4500143214
Item #16D1
ONE (1) MORTGAGE SATISFACTION FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN IN THE
AMOUNT OF $5,000 — PROPERTY LOCATED AT 2880 50TH
STREET SW, NAPLES
Item #16D2
ONE (1) SATISFACTION OF MORTGAGE FOR STATE
HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) IN
ACCORDANCE WITH THE BOARD'S SHORT SALE POLICY,
ACCEPTING $2,475 TO SATISFY THE TOTAL VALUE OF THE
MORTGAGE $41,250 — PROPERTY LOCATED AT 3118 43RD
STREET SOUTH, NAPLES
Item #16D3
PARTIAL WAIVER OF FEES IN THE AMOUNT OF $520 AS
REQUESTED BY FOUNDATION FOR DEVELOPMENTALLY
DISABLED (FDD) 2014 CO-SPONSOR ADULT BASEBALL
LEAGUE — PROVIDING RECREATION AT A LOW COST
Item #16D4
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October 22, 2013
AWARD INVITATION TO BID (ITB) #13-6169 "FARE
COLLECTION ROOM CONSTRUCTION" TO COMPASS
CONSTRUCTION, INC. IN THE AMOUNT OF $70,790 AND THE
CHAIRWOMAN TO SIGN AND EXECUTE THE CONTRACT —
LOCATED AT THE CAT FACILITY, 8300 RADIO ROAD
Item #16D5
TWO MEMORANDA OF UNDERSTANDING WITH THE
SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT
BOARD, INC. FOR THE DELIVERY OF THE 21ST CENTURY
COMMUNITY LEARNING CENTERS SWIMMING SKILLS
AND DROWNING PREVENTION PROGRAMS "MIRACLE
PLUS 1 AND MIRACLE PLUS 2 PROGRAM." — HELD AT THE
IMMOKALEE SPORTS COMPLEX AND PROVIDING 20
STUDENTS PER CLASS ROUNDTRIP TRANSPORTATION
Item #16D6
AWARD INVITATION TO BID (ITB) #13-6098R, TEMPORARY
PERSONNEL TO ALPHA 1 STAFFING/SEARCH FIRM LLC,
AND THE CHAIRWOMAN TO SIGN AND EXECUTE A
COUNTY ATTORNEY APPROVED CONTRACT — PROVIDING
TECHINCAL PROJECT OVERSIGHT OF GRANT FUNDED
CONSTRUCTION AND REHABILITATION TO ENSURE COST
AND GRANT COMPLIANCE
Item #16D7
THE "SOUNDS FROM THE PARK" FREE CONCERT SERIES
EVENT AT SUGDEN REGIONAL PARK AND RENTAL
Page 159
October 22, 2013
APPLICATION PERMIT FOR 2013/2014 — WILL FEATURE
LOCAL MUSICIANS FROM 5PM TO 7PM FOLLOWED BY A
HEAD-LINER FROM 7PM TO 10PM
Item #16D8
(1) THREE MODIFICATIONS TO DISASTER RECOVERY
GRANT AGREEMENTS BETWEEN FLORIDA DEPARTMENT
OF ECONOMIC OPPORTUNITY (DEO) AND COLLIER
COUNTY AND (2) ONE SUBRECIPIENT AGREEMENT
COMMON TO EACH GRANT AND ACCEPT THE EASF
TERMINATION OF A SUBRECIPIENT AGREEMENT. (NET
FISCAL IMPACT: $0) — AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16D9
AN AMENDMENT BETWEEN COLLIER COUNTY AND THE
AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC.
D/B/A SENIOR CHOICES OF SOUTHWEST FLORIDA TO ADD
FACILITY RESPITE SERVICE TO THE STANDARD
CONTRACT. (FISCAL IMPACT $0) — OFFERING SENIORS
MORE ALTERNATIVES TO RESPITE CARE AND WILL BE
PAID FOR WITHIN EXISTING FUNDS
Item #16D10
AMENDMENT NO. 2 TO THE HOME INVESTMENT
PARTNERSHIP (HOME) PROGRAM AGREEMENT BETWEEN
COLLIER COUNTY AND COLLIER COUNTY HOUSING
AUTHORITY, INC. (CCHA) IN ORDER TO EXTEND THE
Page 160
October 22, 2013
PROJECT COMPLETION DATE, UPDATE TEMPLATE
LANGUAGE, AND REVISE MATCH LANGUAGE. (FISCAL
IMPACT $0) — EXTENDING THE TENANT BASED RENTAL
ASSISTANCE PROJECT THROUGH JANUARY 31, 2014
Item #16D11
AMENDMENT NO. 1 TO THE COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) AGREEMENT BETWEEN COLLIER
COUNTY AND THE DAVID LAWRENCE MENTAL HEALTH
CENTER, INC. TO UPDATE TEMPLATE LANGUAGE AND
EXTEND THE PROJECT COMPLETION DATE. (FISCAL
IMPACT $0) — EXTENDS THE COMPLETION DATE THROUGH
JANUARY 31, 2014
Item #16D12
SUBSTANTIAL AMENDMENT TO THE FY2009-2010 ANNUAL
ACTION PLAN TO CLARIFY THE PROJECT SCOPE AND
PROJECT FUNDING REDUCTION FROM $32,949 TO $32,640.10
FOR GOODWILL INDUSTRIES MICROENTERPRISE PROJECT
UTILIZING U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDS — REDUCTION IS FROM
LOWERING THE NUMBER OF PROJECT PARTICIPANTS
Item #16D13
AMENDMENT NO. 1 TO THE COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) AGREEMENT BETWEEN COLLIER
COUNTY AND GOODWILL INDUSTRIES OF SOUTHWEST
Page 161
October 22, 2013
FLORIDA, INC — ALLOWING TIME TO DELIVER AN
ADDITIONAL SESSION TO MAXIMIZE THE NUMBER OF
BENEFICIARIES FOR THE GOODWILL MICROENTERPRISE
PROJECT
Item #16D14
AN AFTER-THE-FACT NUTRITION SERVICES INCENTIVE
PROGRAM (NSIP) CONTRACT WITH AREA AGENCY ON
AGING FOR SOUTHWEST FLORIDA, INC. D/B/A SENIOR
CHOICES OF SOUTHWEST FLORIDA SENIOR AND A
SUBSEQUENT BUDGET AMENDMENT IN THE AMOUNT OF
$38,171 FOR FY 2014 — THE AMENDMENT WAS SIGNED
EXPEDITIOUSLY TO AVOID A LAPSE IN SERVICES
Item #16D15
A HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM
DEVELOPER AGREEMENT BETWEEN COLLIER COUNTY
AND BIG CYPRESS HOUSING CORPORATION (BCHC) FOR
CONSTRUCTION OF A MULTI-FAMILY RENTAL HOUSING
PROJECT CONSISTING OF A MINIMUM OF TEN SINGLE
FAMILY RENTAL HOUSING UNITS (FISCAL IMPACT
$1,144,000) - LOCATED AT HATCHER'S PRESERVE IN
IMMOKALEE
Item #16D16
THE NAPLES ZOO, INC.'S PROPOSED PLAN FOR "GATEWAY
TO NAPLES" PROJECT — IMPROVING THE ZOO'S ENTRANCE
WITH THE ADDITION OF A MADAGASCAR THEME EXHIBIT,
Page 162
October 22, 2013
EDUCATION CENTER, MARKET PLACE, GIFT SHOP AND
ADMINISTRATION BUILDING
Item #16D17
AMENDMENT #1 TO THE FY2012-2013 AGREEMENT
BETWEEN COLLIER COUNTY AND SHELTER FOR ABUSED
WOMEN & CHILDREN FOR A COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROJECT PREVIOUSLY APPROVED
BY THE BOARD ON MAY 14, 2013. (FISCAL IMPACT: $0) —
AN EXTENSION TO DECEMBER 31, 2013 IS NEEDED TO
COMPLETE UPGRADES AT THE SHELTER FACILITY
Item #16D18
AMENDMENT #1 TO THE FY2012-2013 AGREEMENT
BETWEEN COLLIER COUNTY AND NAPLES EQUESTRIAN
CHALLENGE FOR THE COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROJECT PREVIOUSLY APPROVED
BY THE BOARD ON MAY 14, 2013. (FISCAL IMPACT: $0) —
EXTENDING THE COMPLETION DATE TO JANUARY 31, 2014
Item #16D19
AMENDING TWO FY 12-13 SUBRECIPIENT AGREEMENTS
BETWEEN COLLIER COUNTY AND IMMOKALEE NON-
PROFIT HOUSING, INC. D/B/A IMMOKALEE HOUSING &
FAMILY SERVICES (IHFS) FOR TWO COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROJECTS
PREVIOUSLY APPROVED BY THE BOARD ON MAY 14, 2013.
(FISCAL IMPACT: $0) — ADDITIONAL TIME FOR UPGRADES
Page 163
October 22, 2013
TO THE SANDERS PINES AND TIMBER RIDGE COMMUNITY
CENTERS IN IMMOKALEE
Item #16D20
SUBSTANTIAL AMENDMENTS TO THE FY2009-2010 AND
FY2010-2011 ANNUAL ACTION PLANS TO CLARIFY THE
PROJECT SCOPE FOR IMMOKALEE NON PROFIT HOUSING,
INC. D/B/A IMMOKALEE HOUSING & FAMILY SERVICES
SANDERS PINES PLAYGROUND UPGRADES UTILIZING U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS — AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16E1
WAIVING MINOR IRREGULARITIES AND AWARD BID #13-
6144 — CISCO HARDWARE, SOFTWARE AND MAINTENANCE
TO CDW GOVERNMENT, LLC (CDW-G) AS PRIMARY
VENDOR FOR THE PURCHASE OF CISCO HARDWARE,
SOFTWARE AND SMARTNET MAINTENANCE SUPPORT,
AND; EN POINTE TECHNOLOGY SALES, INC. (EN POINTE)
AS SECONDARY VENDOR — ON AN ANNUAL BASIS
Item #16E2
RESOLUTION 2013-241 : WRITE-OFF OF $30,276.46 (NET)
FROM ACCOUNTS RECEIVABLE DEEMED UNCOLLECTIBLE
DESPITE DILIGENT EFFORTS BY STAFF IN CONNECTION
WITH SERVICES PROVIDED BY MAIL BARCODING
Page 164
October 22, 2013
SERVICES OF SWFL, INC. DURING FY 2008 AND 2009 — FOR
UNUSED POSTAGE IDENTIFIED IMMEDIATELY PRIOR TO
THE FILING OF BANKRUPCY BY MBS
Item #16E3
REJECT ALL RESPONSES RECEIVED UNDER INVITATION
TO BID #13-6059, PARTS FOR FLEET VEHICLES, EXTEND
CURRENT CONTRACT #09-5211 THROUGH MARCH 31, 2014
OR UNTIL A NEW AWARD HAS BEEN APPROVED BY THE
BOARD, AND APPROVE REMOVAL OF COUNTY LOCAL
VENDOR PREFERENCE IN NEW SOLICITATION #13-6059R,
PARTS FOR FLEET VEHICLES — DUE TO OMMISSION OF
GRANT LANGUAGE THAT AFFECTS PURCHASE OF REPAIR
STOCK FOR FTA FUNDED BUSES PARATRANSIT FLEET
Item #16E4
REVISED AGREEMENT #14-CP-11-09-21-01-XXX BETWEEN
STATE OF FLORIDA, DIVISION OF EMERGENCY
MANAGEMENT AND COLLIER COUNTY ACCEPTING AN
ADDITIONAL $1,540 FOR A REVISED TOTAL OF $8,669 FOR
PREPARATION OF HAZARDS ANALYSIS REPORTS FOR
FACILITIES STORING EXTREMELY HAZARDOUS
SUBSTANCES IN COLLIER COUNTY AND THE NECESSARY
BUDGET AMENDMENT — CHANGING THE NUMBER OF
SITES EXAMINED FROM 29 TO 43
Item #16F1
ADOPTING CRITERIA TO DEFINE AND CLASSIFY
Page 165
October 22, 2013
ACTIVITIES USING TOURIST TAX REVENUE THAT
"PROMOTES TOURISM." — WITH INPUT FROM TOURISM,
PARKS AND REC, COUNTY MUSEUMS, COASTAL ZONE
MANAGEMENT AND THE COUNTY ATTORNEY'S OFFICE
Item #16F2 — Continued to the November 12, 2013 BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO APPROVE AN AMENDMENT TO
THE TOURISM TRAVEL EXPENSE RESOLUTION 2006-40
RELATED TO COUNTY PURCHASING CARD LIMITS
CONSISTENT WITH THE COUNTY PURCHASING POLICY
AND A FINDING THAT THIS ITEM PROMOTES TOURISM
Item #16F3
FISCAL YEAR 2014 STRATEGIC MARKETING PLAN FOR THE
NAPLES, MARCO ISLAND, EVERGLADES CONVENTION &
VISITORS BUREAU (CVB) AND A FINDING THAT THIS ITEM
PROMOTES TOURISM
Item #16F4
RESOLUTION 2013-242: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2013-14
ADOPTED BUDGET — BA #14-032 AND #14-038
Item #16F5
RESOLUTION 2013-243: TO URGE MEMBERS OF FLORIDA
Page 166
October 22, 2013
LEGISLATURE TO OPPOSE LEGISLATION THAT WOULD
MANDATE USE OF A UNIFORM CHART OF ACCOUNTS FOR
ALL GOVERNMENTAL ENTITIES TO REPORT FINANCIAL
INFORMATION — AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16H1
COMMISSIONER HILLER'S REIMBURSEMENTS REGARDING
ATTENDANCE AT FUNCTIONS SERVING A VALID PUBLIC
PURPOSE — SHE WILL BE ATTENDING THE 2013 BUSINESS
HALL OF FAME, COLLIER COUNTY ON OCTOBER 29, 2013
AT WALDORF ASTORIA NAPLES, $75; AND BOOTSTRAP
BOOGIE BARN DANCE ON NOVEMBER 9, 2013 AT 206 RIDGE
DRIVE, NAPLES, $100.00
Item #16J1
DISBURSEMENTS FOR THE PERIOD OF SEPTEMBER 27, 2013
THROUGH OCTOBER 3, 2013 AND SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item #16J2
DISBURSEMENTS FOR THE PERIOD OF OCTOBER 4, 2013
THROUGH OCTOBER 10, 2013 AND SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item #16J3
AN INTERLOCAL AGREEMENT FOR ELECTION SERVICES
Page 167
October 22, 2013
FOR THE FEBRUARY 4, 2014, CITY OF NAPLES ELECTION —
IDENTIFYING EQUIPMENT AND SERVICES THAT WILL BE
PROVIDED TO CONDUCT THE ELECTION AND RESPECTIVE
DUTIES AND RESPONSIBILITIES OF THE PARTIES
Item #16J4
USING $15,000 FROM CONFISCATED TRUST FUNDS TO
SUPPORT THE STATE OF FLORIDA'S PRESCRIPTION DRUG
MONITORING PROGRAM — SUPPORTING THE COLLIER
COUNTY SHERIFF'S OFFICE
Item #16J5
ACCEPTANCE OF THE INVESTMENT STATUS UPDATE
REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2013 —
PROVIDED BY THE CLERK OF COURTS
Item #16K1
MEDIATED SETTLEMENT AGREEMENT AND STIPULATED
FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE
SAME TERMS AND CONDITIONS AS THE MEDIATED
SETTLEMENT AGREEMENT IN THE AMOUNT OF $424,950
FOR ACQUISITION OF PARCELS 103FEE, 103TCE, 150 FEE,
150SE AND 150TCE IN THE LAWSUIT STYLED COLLIER
COUNTY, FLORIDA V. LDJ ASSOCIATES, LTD., ET AL., CASE
NO. 13-CA-1238-CA FOR COLLIER BOULEVARD EXPANSION
PROJECT NO. 68056. (FISCAL IMPACT $267,688) — CONSISTS
OF 11,550 SQUARE FEET AT THE SOUTHWEST CORNER OF
COLLIER BOULEVARD AND 13TH AVENUE SW
Page 168
October 22, 2013
Item #16K2
RESOLUTION 2013-244: AUTHORIZING THE COLLIER
COUNTY EDUCATIONAL FACILITIES AUTHORITY TO ISSUE
REVENUE BONDS TO BE USED TO REFUND BONDS
PREVIOUSLY ISSUED FOR EDUCATIONAL FACILITIES AT
HODGES UNIVERSITY AND PROVIDE FUNDS FOR THE
ACQUISITION OF A BUILDING CURRENTLY LEASED BY
THE UNIVERSITY
Item #16K3
AN AGREEMENT WITH LEGAL AID SERVICE OF COLLIER
COUNTY TO PARTIALLY FUND LEGAL AID SERVICES,
REPLACING THE AGREEMENT THAT EXPIRED SEPTEMBER
30, 2013. NO NEW FISCAL IMPACT IS ASSOCIATED WITH
THE AMENDMENT, HOWEVER, UNDER THE ORIGINAL
AGREEMENT THE COUNTY WILL STILL BE REQUIRED TO
PAY $108,309.66 OR THE AMOUNT ACTUALLY COLLECTED
TO ASSIST LEGAL AID SERVICES OF COLLIER COUNTY TO
PROVIDE LEGAL AID PROGRAMS REQUIRED UNDER
SECTION 29.008(3)(A), FLORIDA STATUTES — THE NEW
AGREEMENT IS 3-YEARS UNDER THE SAME TERMS AND
CONDITIONS
Item #16K4 — Moved to Item #12A (Per Agenda Change Sheet)
****Commissioner Henning moved, seconded by Commissioner
Nance and carried unanimously that the following items under the
Summary Agenda be adopted ****
Page 169
October 22, 2013
Item #17A
THIS ITEM HAS BEEN CONTINUED TO THE DECEMBER 10,
2013 BCC MEETING. RECOMMENDATION TO ADOPT A
RESOLUTION TO DISCLAIM, RENOUNCE AND VACATE THE
COUNTY AND THE PUBLIC INTEREST IN A PORTION OF
MAMIE STREET SOUTH OF CHOKOLOSKEE DRIVE, BEING A
PART OF SECTION 36, TOWNSHIP 53 SOUTH, RANGE 29
EAST, CHOKOLOSKEE, COLLIER COUNTY, FLORIDA.
Item #17B
RESOLUTION 2013-245: PETITION VAC-PL20130001313,
DISCLAIMING, RENOUNCING AND VACATING THE
COUNTY AND THE PUBLIC INTEREST IN A PORTION OF
10TH STREET AS SHOWN ON THE PLAT OF EASTOVER,
PLAT BOOK 1, PAGE 97 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, ALSO BEING A PART OF
SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST,
IMMOKALEE, COLLIER COUNTY, FLORIDA
Item #17C
ORDINANCE 2013-60: AMENDING ORDINANCE NUMBER
2004-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR
MAPS BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM AN
Page 170
October 22, 2013
AGRICULTURAL ZONING DISTRICT WITH A MOBILE HOME
OVERLAY (A-MHO) TO A MIXED USE PLANNED UNIT
DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE
PROJECT TO BE KNOWN AS THE LIVING WORD FAMILY
CHURCH MPUD; ALLOWING CONSTRUCTION OF
RELIGIOUS FACILITIES WITH A MAXIMUM OF 2,400 SEATS,
AN OUTDOOR PAVILION, A GRADE SCHOOL FOR
KINDERGARTEN THROUGH 12TH GRADE WITH A
MAXIMUM OF 250 STUDENTS, A CHILD CARE CENTER
WITH UP TO 200 STUDENTS, ASSISTED LIVING FACILITIES
AND CONTINUING CARE RETIREMENT COMMUNITY USES
FOR SENIORS AT A .45 FLOOR AREA RATIO AND AT A
MAXIMUM OF 200 BEDS AND ACCESSORY, RETAIL AND
SOCIAL SERVICE USES FOR PROPERTY LOCATED IN
SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 35.0+/-
ACRES; REPEALING THE EXISTING CONDITIONAL USE ON
THE PROPERTY GRANTED BY RESOLUTION NUMBER 06-03,
AS AMENDED BY RESOLUTION NUMBER 09-213; AND BY
PROVIDING AN EFFECTIVE DATE. (PETITION NUMBER
PUDZ-PL20110000762)
Item #17D
RESOLUTION 2013-246: AMENDMENTS (APPROPRIATING
CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL
REVENUE) TO THE FISCAL YEAR 2013-14 ADOPTED
BUDGET
Item #17E
Page 171
October 22, 2013
ORDINANCE 2013-61 : AMENDING ORDINANCE NO. 2002-27,
AS AMENDED, WHICH CREATED THE PELICAN BAY
MUNICIPAL SERVICE TAXING AND BENEFIT UNIT, TO
CLARIFY THAT BEACH RENOURISHMENT IS ONE OF THE
PURPOSES OF THE UNIT
*****
Page 172
October 22, 2013
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 2: 10 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX 1r'O 0 OVERNING BOARD(S) OF
,/D TRICTS UNDER ITS CONTROL
G O ' ' IA 7 HILLER, ESQ, CHAIRWOMAN
r, •t n�
s i, r,
ATTpT: -
'h
DWIGHT E. BROCK, CLERK
N,1.64Alc-, 'Oi'4'NAH
Attest as to Chairman's
sivturn only.
These minutes approved by the Board on (2 I lb 1 t ,
as presented or as corrected .
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC., BY TERRI LEWIS, COURT
REPORTER AND NOTARY PUBLIC.
Page 173