BCC Minutes 02/25/2014 R BCC
REGULAR
MEETING
MINUTES
February 25, 2014
February 25, 2014
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, February 25, 2014
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting
as the Board of Zoning Appeals and as the governing board(s) of
such special districts as have been created according to law and
having conducted business herein, met on this date at 9:00 a.m.,
in REGULAR SESSION in Building "F" of the Government
Complex, East Naples, Florida, with the following members present:
CHAIRMAN: Tom Henning
Tim Nance
Fred Coyle
Donna Fiala
Georgia Hiller
ALSO PRESENT:
Leo Ochs, County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal Kinzel, Finance Director
Tim Durham, Executive Manager of Business Operations
Troy Miller, Communications & Customer Relations
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
r -'tu `►
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
February 25, 2014
9:00 AM
Tom Henning - BCC Chairman; BCC Commissioner, District 3
Tim Nance - BCC Vice-Chairman, District 5
Donna Fiala - BCC Commissioner, District 1; CRAB Chairman
Georgia Hiller - BCC Commissioner, District 2
Fred W. Coyle - BCC Commissioner, District 4; CRAB Vice-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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February 25, 2014
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 FACILITIES MANAGEMENT DEPARTMENT.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Beverly Duncan - Naples United Church of Christ
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
B. January 28, 2014 - BCC/Regular Meeting
C. February 4, 2014 - BCC/Workshop
3. SERVICE AWARDS — EMPLOYEE
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February 25, 2014
A. 20 Year Attendees
1) Bruce Gastineau —EMS
2) Ron Holder—Parks and Recreation
3) Maureene Mathews —EMS
B. 25 Year Attendees
1) Danny Dominguez—Road Maintenance
2) Michelle Edwards-Arnold —Alternative Transportation Modes
3) Gregory Harrison — Road Maintenance
4) Richard Lockerby — Water
5) Rudy Luna— Water
6) Eloy Rodriguez — Landscape Operations
4. PROCLAMATIONS
A. Proclamation recognizing the milestone graduation of the Justin's Place
Women's Recovery Program. To be accepted by Vann Ellison, President,
St. Matthew's House. Sponsored by Commissioner Hiller.
B. Proclamation designating February 2014 as Literacy Month in Collier
County and recognizing the "Bring a Book, Bring a Friend" program of
the K is for Kids Foundation which provides books to children in need.
To be accepted by Karen Clawson, K is for Kids Founder and Executive
Director and volunteers. Sponsored by the Board of County Commissioners.
C. Proclamation recognizing all the participants who worked seamlessly and
tirelessly together to achieve a successful beach renourishment project.
To be accepted by Bill Lorenz and Gary McAlpin, Natural Resources
Department, Growth Management Division. Sponsored by Commissioner
Hiller.
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February 25, 2014
5. PRESENTATIONS
6. PUBLIC PETITIONS
Item #7 to be heard no sooner than 1:00 pm unless otherwise noted.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
Item #8 and Item #9 to be heard no sooner than 1:30 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. A Resolution amending Resolution No. 99-467, as
amended, (Development Order 99-4) for the Winding Cypress Development
of Regional Impact by providing for Section One, Amendments to
Development Order by increasing the number of residential dwelling units
from 2,300 to 2,854; by increasing the residential development area by 44
acres to 492 acres; by increasing the village center acreage by 2 acres for a
total of 17 acres; by increasing the gross floor area of the Village Center
District by 20,000 square feet for a total of 50,000 square feet; by increasing
the acreage of lakes from 235 acres to 272 acres; by removing the 164 acres
of golf area and eliminating the 18-hole golf course; by increasing the
preserve area by 44 acres to 840 acres; by increasing buffers, waterways,
canal and FP&L easements from 180 acres to 219 acres; by extending the
build-out date to December 31, 2020 and expiration date to December 31,
2025; and by amending the Master Plan; by providing for Section Two,
Findings of Fact; Section Three, Conclusions of Law; and Section Four,
Effect of Previously Issued Development Orders, Transmittal to Department
of Economic Opportunity and Effective Date. The subject property is at the
northeast quadrant of the intersection of Tamiami Trail East (US-41) and
Collier Boulevard (CR 951) in Sections 26, 34 and 35, Township 50 South,
Range 26 East, and Sections 2 and 3, Township 51 South, Range 26 East,
Collier County, Florida consisting of 1,928± acres. [DOA-PL20120002856]
9. ADVERTISED PUBLIC HEARINGS
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February 25, 2014
A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. An Ordinance of the Board of County
Commissioners of Collier County, Florida amending Ordinance 02-35,
as amended, the Winding Cypress Planned Unit Development (PUD),
by increasing the number of residential dwelling units from 2,300 to 2,854;
by increasing the residential development area by 44 acres to 492 acres; by
increasing the Village Center acreage by 2 acres for a total of 17 acres; by
increasing the gross floor area of the Village Center District by 20,000
square feet for a total of 50,000 square feet; by increasing the acreage of
lakes from 235 acres to 272 acres; by removing the 164 acres of golf area
and eliminating the 18-hole golf course; by increasing the preserve area by
44 acres to 840 acres; by increasing buffers, waterways, canal and FP&L
easements from 180 acres to 219 acres; providing for addition of Winding
Cypress Master Plan, Tract B to Exhibit A; providing for addition of Exhibit
C, Bicycle and Pedestrian Master Plan; providing for List of Deviations; and
providing an Effective Date. The subject property is located at the northeast
quadrant of the intersection of Tamiami Trail East (US 41) and Collier
Boulevard (CR-951) in Sections 26, 34 and 35, Township 50 South, Range
26 East, and Sections 2 and 3, Township 51 South, Range 26 East, Collier
County, Florida consisting of 1,928 acres. [PUDA-PL20120002855]
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to authorize the County Attorney to advertise and bring
back for future consideration an amendment to Ordinance No. 1975-16, as
amended, relating to the placement and presentation of matters on the
official agenda. (Commissioner Hiller.
11. COUNTY MANAGER'S REPORT
A. Recommendation to adopt the FY 2015 Budget Policy. (Mark Isackson,
Corporate Financial and Management Services Director)
B. This item to be heard immediately following Item #13C. Recommendation
the Board of County Commissioners, in its capacity as the Collier County
Airport Authority, accept staffs Airport Lease Report and direct the County
Attorney and County Manager to work with the tenants of the Airport
Authority to achieve compliance as outlined in the report's tentative
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February 25, 2014
compliance schedule. (Gene Shue, Transportation Operations Support
Director)
C. Recommendation to authorize the County Attorney to advertise an ordinance
for a future public hearing pertaining to Natural Gas Franchise requirements.
(Jamie French, Operations & Regulatory Management Director)
D. Recommendation to consider the All Terrain Vehicle (ATV) Park Ad Hoc
Committee's recommendation to (1) adopt a Resolution to allow the
committee to continue for an additional year; (2) develop a voucher program
and (3) initiate a Request for Proposals (RFP) to select a vendor(s) that has
property with a suitable ATV riding facility. (Nick Casalanguida, Growth
Management Administrator)
E. Recommendation authorizing the County Manager to advertise an Ordinance
creating the Emergency Medical Services Advisory Council and to sunset
the Public Safety Authority. (Len Price, Administrative Services
Administrator)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
A. This item to be heard at 10:15 a.m., followed by Items #13B and#13C.
Presentation by the Clerk of the Circuit Court's Office regarding Audit
Report 2014-3 Collier County Airport Authority — Campground (RV Park).
B. Presentation by the Clerk of the Circuit Court's Office regarding Audit
Report 2014-4 Collier County Airport Authority —Drag Strip and Go Cart
Track.
C. Presentation by the Clerk of the Circuit Court's Office regarding Audit
Report 2014-5 Collier County Airport Authority —USDA Grant—Powder
Coating System.
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
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February 25, 2014
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Current BCC Workshop Schedule
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to approve final acceptance of the water utility
facility for Pelican Strand Publix PL20130002282 and authorize the
County Manager, or his designee, to release the Utility Performance
Security Bond (UPS) in the amount of$6,994.93 to the Project
Engineer or the Developer's designated agent.
2) Recommendation to approve final acceptance of the water and sewer
utility facilities for The Quarry, Parcel 3V PL20110001428 and to
authorize the County Manager, or his designee, to release the Utilities
Performance Security Bond and Final Obligation Bond in the total
amount of$15,722.14 to the Project Engineer or the Developer's
designated agent.
3) Recommendation to approve to approve final acceptance of the sewer
utility facility for Collier Area Transit (CAT) Operations and
Administrative Center, PL20130002620.
4) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$139,180 which was posted as a
development guaranty for work associated with Lakoya, Excavation
Permit No. 60.024, Application Request No. AR-13354.
5) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$283,350 which was posted as a
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February 25, 2014
development guaranty for work associated with Camden Lakes
(PL20120002885).
6) Recommendation to remove the volunteer group, Rockefeller
Limousine as a sponsor from the Adopt-a-Road Program, for
Vanderbilt Dr. from 111th Ave. N to Wiggins Pass Road.
7) Recommendation to approve and execute a Joint Participation
Agreement (JPA) and Resolution with the Florida Department of
Transportation (FDOT) to purchase video detection upgrade
equipment in the amount of$304,654 for installation on Collier
County traffic signals and authorize the necessary budget amendment.
8) Recommendation to approve and execute a Joint Participation
Agreement (JPA) and Resolution with the Florida Department of
Transportation (FDOT) to purchase arterial monitoring cameras in the
amount of$385,640 for installation on Collier County traffic signals
and authorize the necessary budget amendment.
9) Recommendation to authorize a budget amendment to recognize
revenue for projects within the Transportation Supported Gas Tax
Fund (313) in the amount of$175,959.60.
10) Recommendation to authorize the removal of aged accounts
receivable in the amount of$74,464.45 considered uncollectible or
should otherwise be removed from the financial records of the Growth
Management Division Construction and Maintenance departments in
accordance with Resolution 2006-252.
11) Recommendation to approve and execute a Memorandum of
Agreement (MOA) with the Florida Department of Transportation
(FDOT) to supply Uninterruptible Power Supply (UPS) equipment for
installation on Collier County traffic signals.
12) Recommendation to approve two releases of lien - (1) in the accrued
amount of$40,290.43 for payment of$3,740.43, in Special Magistrate
Case CEPM20110011365; and (2) in the amount of$1,912.29 for
payment of$112.29, in Special Magistrate Case CENA20110011385,
both actions entitled Board of County Commissioners v. Urmas A.
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February 25,2014
Kask and Robert Schultz, relating to property located at 121 Doral
Circle, Collier County, Florida.
13) Recommendation to approve a release of lien in the amount of
$77,512.47 for payment of$21,812.47, in Special Magistrate Case
No. CESD20110006379 in the action entitled Board of County
Commissioners v. Soundview Home Loan Trust, relating to property
located at 1381 17th Street SW, Collier County, Florida.
14) Recommendation to approve a release of lien in the accrued amount
of$13,138.48 for payment of$1,588.48, in the Code Enforcement
Action entitled Board of County Commissioners v. Robert J. and
Frances Smith, Special Magistrate Case No. CEPM20130003331,
relating to property at 709 Meyer Drive, Collier County, Florida.
15) Recommendation to approve and authorize the Chairman to execute
Amendment No. 1 to Contract #12C01 with the Florida Department of
Environmental Protection (FDEP) Bureau of Beaches and Coastal
Systems Beach Management Funding Assistance program for Collier
County Beach Monitoring (Project No. 90536).
16) Recommendation to approve a vehicle trade-in with Tamiami Ford,
Inc., and credit $10,200 against a purchase of a new 2013 Ford F-750
truck; and dispose of the property pursuant to Florida Statute §274.
17) Recommendation to approve the purchase of three easements required
to upgrade traffic signalization at the intersection of Mercantile
Avenue & Airport-Pulling Road. (Signalization Modification Project
No. 60172.) Estimated Fiscal Impact: $13,800.
18) Recommendation to convey 10 acres of surplus, land-locked, County-
owned, vacant land to the winning bidder for the sum of$11,011.
19) Recommendation to recognize additional Federal Transit
Administration Title 49 U.S.C. § 5305(d) funding (previously found at
§ 5303) to the Collier Metropolitan Planning Organization and to
authorize the necessary budget amendments for grant revenue in the
amount of$128,781 and a local match in the amount of$14,309 for
the MPO's fiscal year 2013/14 FTA Section 5305 program.
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February 25,2014
20) Recommendation to adopt a Resolution amending Resolution 2009-
58, relating to the Stewardship Sending Area with a designation as
"CDC SSA 10"; approving extension of certain dates to March 10,
2015 in the Stewardship Sending Area credit agreement for CDC SSA
10 and the Escrow agreement for CDC SSA 10.
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DIVISION
1) Recommendation to approve the rankings of firms under Request for
Proposal #14-6198, Design and Support Services for the Collier
County Landfill Leachate Deep Injection Well, and to direct staff to
negotiate a contract with the top ranked firm, URS Corporation, for
Board of County Commissioners' approval.
2) Recommendation to approve work order under Request for Quotation
#08-5011-112 in the amount of$388,919.20 to Mitchell & Stark
Construction Company, Inc., for North County Regional Water
Treatment Plant High Service Pump Replacement Project No. 71066.
3) Recommendation to award Invitation to Bid #14-6197, Hammerhead
and Designated Driveway Construction, to multiple vendors in two
categories, and to terminate Contract #11-5794, Solid Waste
Hammerhead Construction.
D. PUBLIC SERVICES DIVISION
1) Recommendation to award Invitation to Bid (ITB) #13-6031,
"Gilchrist Windows, Doors, Roofs and Miscellaneous Services," to
NR Contractors Inc., for construction services in the amount of
$238,540, to authorize the Chairman to execute a contract with the
vendor effective February 25, 2014.
2) Recommendation to approve an agreement with NCH Healthcare
System, Inc. for Collier County Parks and Recreation to provide water
safety instruction to Collier County children ages four to five.
3) Recommendation to approve two satisfactions of State Housing
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February 25, 2014
Initiatives Partnership Program (SHIP) mortgages on same property
in accordance with the Board's Short Sale Policy, accepting $1,000
to satisfy a combined mortgage amount of$7,968 on one property.
4) Recommendation to award a Request for Quotation (RFQ) to Jensen
Underground Utilities, Inc., in the amount of$2,000 plus $200 for
contingency for a total of$2,200 for Video Tape of the constructed
gravity sewer at Collier County's Bluebill Avenue Turnaround and
Restroom Beach Park Facility and make a finding that the expenditure
promotes tourism.
5) Recommendation to accept additional Federal Transit Administration
(FTA) Section 5310 Grant funds in the amount of$57,176 authorize
the necessary budget amendments and approve the purchase of one (1)
paratransit support vehicle utilizing those funds.
6) Recommendation to approve the Student School Year Agreement with
District School Board of Collier County for transportation services for
recreation program participants at an estimated annual cost of$5,000.
7) Recommendation to add an additional service and commensurate rate
to the award of Invitation to Bid #10-5437 for Temporary Clerical
Services, and retroactively approve payments for this service.
8) Recommendation to authorize a one-time waiver to the Neighborhood
Stabilization Program Administrative Plan, not to exceed an
additional $5,000; to complete rehabilitation of 2975 4th Street NE in
order to dispose of the property from County ownership.
9) Recommendation to approve Extensions of Agreement with David
Lawrence Center, NAMI of Collier County, Inc., and Collier County
Sheriffs Office for the Criminal Justice Mental Health Substance
Abuse program providing time extensions and continuity of service.
10) Recommendation to approve First Amendment to a Disaster Recovery
Enhancement Fund Subrecipient Agreement with City of Naples for
the George Washington Carver Apartments Area Stormwater project
extending terms of the agreement, incorporating monthly reporting
and new provisions required by Florida Law.
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February 25, 2014
11) Recommendation to approve an amendment to a subrecipient
agreement with the Immokalee Community Redevelopment Agency
providing a time extension for staffing a business development center
in Immokalee using Community Development Block Grant funds.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to award ITB #13-6156, "PC Replacement," to
CDW-Government LLC, Computers at Work!, Inc. d/b/a vTECH io,
and TJL Information Technologies, Inc., for the purchase of desktop,
tablet, and notebook computers.
2) Recommendation to recognize carryforward from accrued interest
earned by EMS County Grant revenue and appropriate funds for a
total amount of$56.
3) Recommendation to approve the submittal of an EMS Matching Grant
Application and Request for Grant Fund Distribution to the State of
Florida Department of Health, Bureau of Emergency Medical
Services for flight helmets in the amount of$18,137 in grant funds
and a required local match of$6,046.
4) Recommendation to approve award of Invitation to Bid (ITB) #14-
6214 for Temporary Clerical Services to Premier Staffing, JuriStaff,
Inc. and Balance Professional, Inc., in no particular order. Estimated
annual expenses are approximately $90,000.
5) Recommendation to approve contracts associated with RFP #13-6164,
Professional Services Architect and Engineering and authorize the
Chairman to sign contracts after final review by the County Attorney.
6) Recommendation to approve the submittal of an EMS Matching Grant
Application and Request for Grant Fund Distribution to State of
Florida Department of Health, Bureau of Emergency Medical
Services for supplies for Active Shooter Kits in the total amount of
$42,572 and required local match from participating agencies of
$10,643.
7) Recommendation to approve standardization of the Scott Safety Air
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February 25, 2014
Pak 75 for emergency personnel (Purchasing Ordinance Section 18);
waive the Formal Competitive Threshold (Purchasing Ordinance
Section 9); approve purchase of seventeen (17) Scott Safety Air Pak
75's from Municipal Emergency Services, Inc. in the amount of
$1 11,717.66 for the Ochopee Fire Department and approve all
necessary budget amendments.
8) Recommendation to award ITB #13-6107, "Gasoline and Diesel Fuel"
to the Seminole Tribe of Florida, Inc., as primary and Edison Oil
Company as secondary; authorize the use of the Seminole Tribe of
Florida, Inc. commercial refueling site at South Horseshoe Drive; and
authorize the Chairman to sign the attached contracts.
9) Recommendation to approve a License Agreement with Summit
Broadband, Inc. for use of a portion of County-owned property in
order to install equipment necessary to provide cable and internet
service to the residents of Pelican Bay.
10) Recommendation to award Invitation to Bid (ITB) #13-6060 —EMS
Medications to Henry Schein, Inc. and Boundtree Medical, LLC;
authorize the Chair to sign a County Attorney approved participation
agreement with Cooperative Services of Florida, Inc. for the purchase
of medications and supplies when determined to be in the County's
best interest; and waive formal competition and authorize staff to
purchase any item not immediately available from either of the
approved vendors or cooperative vendor from the lowest cost source.
11) Recommendation to approve a Third Amendment to a Radio Tower
Lease Agreement with Crown Castle GT Company LLC removing the
County's equipment and reducing the annual rent by $3000.00.
12) Recommendation to approve the assignment of the two existing sole-
source Contracts #10-5583 and #13-6130 from Siemens Water
Technologies LLC to Evoqua Water Technologies LLC, for the
purchase of Bioxide Plus 71 and Aktivox chemicals.
13) Recommendation to approve the Department of Homeland Security
(DHS) Federally-Funded Subgrant Agreement #14DS-C2-09-21-01-
xxx in the amount of$495,500 for the Department of Emergency
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February 25, 2014
was authorized by the Board on November 12, 2013.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve award of RFP #13-6109, authorize the
Chairman to sign an agreement between Collier County and Miles
Media Group LLLP for website development and maintenance
services for the Collier County Tourism Department and make a
finding that this expenditure promotes tourism.
2) Recommendation to approve the award for Contract RFP #13-6129S,
"Professional State Lobbyist Services," to GrayRobinson, P.A. in the
amount of$42,000 annually.
3) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2013-14 Adopted Budget.
4) Recommendation to approve a report covering a budget amendment
impacting reserves and moving funds in an amount up to and
including $25,000.
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Appointment of member to the Bayshore Beautification MSTU
Advisory Committee.
2) Appointment of members to the Haldeman Creek Maintenance
Dredging Advisory Committee.
3) Appointment of member to the Radio Road Beautification Advisory
Committee.
4) Appointment of member to the Forest Lakes Roadway and Drainage
Advisory Committee.
MISCELLANEOUS CORRESPONDENCE
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February 25,2014
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of
February 6, 2014 to February 12, 2014 and for submission into the
official records of the Board.
2) To obtain Board approval for disbursements for the period of
February 13, 2014 to February 19, 2014 and for submission into the
official records of the Board.
3) Recommendation to approve the use of$5,000 from the Confiscated
Trust Funds to support the Golden Gate Senior Access Center.
K. COUNTY ATTORNEY
1) Recommendation that the Board of County Commissioners, acting as
the Collier County Airport Authority, reject a Mediated Settlement
Agreement with Quality Enterprises USA, Inc.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20130001629, to disclaim, renounce and vacate the County and the
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February 25, 2014
Public interest in a portion of the 30-foot road right-of-way, utility and
drainage easement, recorded in Official Record Book 565, page 29 and also
part of Tract "OS-1" of Saturnia Falls-Phase One, Plat Book 51, pages 1-26
of the Public Records of Collier County, Florida, also being a part of Section
16, Township 48 South, Range 26 East, Collier County, Florida, being more
specifically shown in Exhibit A.
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance of
the Board of County Commissioners of Collier County, Florida amending
Ordinance 2004-41, as amended, Collier County Land Development Code,
which established 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 a Residential Multi-Family-12 District (RMF-12) within
the Santa Barbara Commercial Overlay District to Commercial Planned Unit
Development (CPUD) zoning district within the Santa Barbara Commercial
Overlay District to allow up to 10,000 square feet of commercial use for a
project to be known as 7-Foodmart CPUD on property located on the east
side of Santa Barbara Boulevard, north of Golden Gate Parkway in Section
21, Township 49 South, Range 26 East, Collier County, Florida; and by
providing an effective date. (Petition number PUDZ-PL20130001352)
C. This item continued from the February 11, 2014 BCCMeetin'.
Recommendation to adopt an ordinance amending Ordinance No. 97-8,
as amended, relating to the Collier County False Alarm Ordinance.
D. Recommendation to adopt an ordinance amending Ordinance No. 2001-73,
as amended, the Collier County Water-Sewer District Uniform Billing,
Operating, and Regulatory Standards Ordinance, to maintain compatibility
with the Collier County Consolidated Impact Fee Ordinance, as amended,
and to provide for administrative changes.
E. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2013-14 Adopted Budget.
18. ADJOURN
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February 25,2014
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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February 25,2014
February 25, 2014
MR. OCHS: Mr. Chairman, you have a live mike.
CHAIRMAN HENNING: Welcome to the 24th (sic) February,
'14, Board of Commissioners' regular meeting.
If you would silence your cell phones or put them on vibrate, it
would help our meeting go along much quicker.
We're going to start out with invocation and Pledge of
Allegiance. Reverend Beverly Duncan from the Naples United
Church of Christ will lead us in the invocation. There you are.
Item #1
INVOCATION AND PLEDGE OF ALLEGIANCE
REVEREND DUNCAN: Good morning, everyone and
Commissioners. Let us pray together.
We come to you, oh God, not because we must but because we
may. We come in your freedom to find our place in life as human
beings. So touch us by your spirit that we may be keenly sensitive to
the needs of our times and brave enough to respond to them according
to our talents and ability.
So pull us together, God, pull each of us together from the
scattered pieces that distract our way of life and that have flung
around the landscape of our minds until our vision gets fuzzy and our
attention span gets to zero.
Pull all of us together from the conflicts and the fears that cause
us to suspect each other's motives and to withhold our trust. Pull us
together, each and all, by your example and by your spirit which you
have put among us for all time.
So we begin this day and this morning and this meeting to honor
that gift. Amen, shalom, salaam.
CHAIRMAN HENNING: Now we'll do the pledge.
(The Pledge of Allegiance was recited in unison.)
Page 2
February 25, 2014
CHAIRMAN HENNING: Leo, would you walk us through the
change list, please.
Item #2A
TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS
AMENDED (EXPARTE DISCLOSURE PROVIDED BY
COMMISSION MEMBERS FOR CONSENT AGENDA) —
APPROVED AND/OR ADOPTED W/CHANGES
MR. OCHS: Yes, sir, Mr. Chairman. Good morning,
Commissioners. These are your proposed agenda changes for the
Board of County Commissioners meeting of February 25, 2014.
The first proposed change is to move Item 16D1 from your
consent agenda to become Item 11F on your regular agenda. That
move is made at Commissioner Henning's request.
The next proposed change is to move Item 16D4 from your
consent agenda to become Item 11G on your regular agenda. That
item is moved at Commissioner Henning's request.
The next proposed change is to move Item 16D8 from your
consent agenda to become Item 11H on your regular agenda. That
item is also moved at Commissioner Henning's request.
And Item 16D2 is requested to be moved to Item 11I on the
regular agenda, and that request comes from Commissioner Nance.
We have one agenda note this morning, Commissioners, a very
minor correction to the executive summary title on Item 16A20 to
remove the reference to the acronym CDC from the title.
And we have three time-certain -- excuse me, four time-certain
items at today's meeting. Those are Items 13A, 13B, and 13C will be
heard consecutively beginning at 10: 15 a.m. Those items will be
followed immediately by Item 11B, which is a related item, and then
Item 11D on your ATV committee recommendations will be heard at
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February 25, 2014
2 p.m. this afternoon.
Just a couple of reminders, Commissioners, your court reporter
breaks are scheduled for 10:30 a.m. and 2:50 p.m. Your Item 7, public
comments, is heard no sooner than 1 p.m., and your advertised public
hearings under 8 and 9 on your agenda are heard no sooner than 1 :30
p.m.
And those are all the changes I have, Mr. Chairman.
CHAIRMAN HENNING: Thank you.
County Attorney?
MR. KLATZKOW: No changes, Mr. Chairman.
CHAIRMAN HENNING: Commissioner Nance, any changes --
further changes to today's agenda, and can you give us ex parte
communication?
COMMISSIONER HILLER: I have no further changes, Mr.
Chairman on -- you want to do the regular agenda ex parte as well?
CHAIRMAN HENNING: No.
COMMISSIONER HILLER: All right. On the consent agenda, I
do not have any disclosure today. On the summary agenda, I have had
meetings on Item 17A, which is the Saturnia Falls vacation of
right-of-way, and I have read the staff report on 17B, which is the
7-Food Mart CPUD.
CHAIRMAN HENNING: Okay. Commissioner Hiller?
COMMISSIONER HILLER: No changes to the agenda. With
respect to 17A, no disclosures. With respect to 17B, I received emails
and reviewed the staff report.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: No further changes to the agenda.
I have ex parte disclosure for Summary Agenda Item 17A. I have
received correspondence and emails concerning that item, and also for
Item 17B I have received emails and I have read the staff report.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you. I have no changes
Page 4
February 25, 2014
or corrections to the agenda and nothing on the consent agenda. On
the summary agenda, I have 17A, just like everybody else, I guess, we
-- we've received emails on that, and that's Saturnia Falls; and 17B I've
received emails and a staff report --
CHAIRMAN HENNING: Thank you. I have no further changes
to today's agenda, and I do have ex parte on 17A. I met with Nicole
Johnson from the Conservancy; on 17B, I received and read the staffs
report.
With that said, I'll entertain a motion to approve today's agenda --
COMMISSIONER HILLER: Motion to approve.
CHAIRMAN HENNING: -- as amended.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion by Commissioner Hiller,
second by Commissioner Fiala.
All in favor of that motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Motion carries unanimously.
Page 5
Proposed Agenda Changes
Board of County Commissioners Meeting
February 25,2014
Move Item 16D1 to Item 11F: Recommendation to award Invitation to Bid(ITB) 13-6031,"Gilchrist
Windows,Doors,Roofs and Miscellaneous Services,"to NR Contractors Inc,for construction services in the
amount of$238,540,to authorize the Chairman to execute a contract with the vendor effective February 25,
2014. (Commissioner Henning's request)
Move Item 16D4 to Item 11G: Recommendation to award Request for Quotation(RFQ)to Jensen
Underground Utilities, Inc.,in the amount of$2,000 plus$200 for contingency for a total of$2,200 for Video
Tape of the constructed gravity sewer at Collier County's Bluebill Avenue Turnaround and Restroom Beach Park
Facility and make a finding that the expenditure promotes tourism. (Commissioner Henning's request)
Move Item 16D8 to Item 11H: Recommendation to authorize a one-time waiver to the Neighborhood
Stabilization Program Administrative Plan,not to exceed an additional$5,000;to complete the rehabilitation of
2975 4th Street NE in order to dispose of the property from County ownership. (Commissioner Henning's
request)
Move Item 16D2 to Item 111: Recommendation to approve an agreement with NCH Healthcare System, Inc.
for Collier County Parks and Recreation to provide water safety instruction to Collier County children ages four
to five. (Commissioner Nance's request)
Note:
Item 16A20 Executive Summary title revised to read: Recommendation to adopt a Resolution amending
Resolution 2009-58,relating to the Stewardship Sending Area with a designation as"CDC SSA 10";approving the
extension of certain dates to March 10,2015 in the Stewardship Sending Area credit agreement for CDC SSA 10
and the Escrow agreement for CDC SSA 10. (Staff's request)
Time Certain Items:
Item 13A to be heard at 10:15 a.m.,followed by Items 13B and 13C
Item 11B to be heard immediately following Item 13C
Item 11D to be heard at 2:00 p.m.
2/25/2014 8:37 AM
February 25, 2014
Item #2B
MINUTES FROM THE JANUARY 28, 2014 BCC/REGULAR
MEETING — APPROVED AS PRESENTED
CHAIRMAN HENNING: 2B is to approve the January 28,
2014, regular meeting.
COMMISSIONER HILLER: Motion to approve.
COMMISSIONER NANCE: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion by Commissioner Hiller to
approve, second by Commissioner Nance.
All in favor of that motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: It carries unanimously.
Item #2C
MINUTES FROM THE FEBRUARY 4, 2014 BCC/WORKSHOP
MEETING — APPROVED AS PRESENTED
CHAIRMAN HENNING: Item 2C is to approve the February
4th, '14, BCC workshop.
COMMISSIONER HILLER: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion by Commissioner Hiller to
Page 6
February 25, 2014
approve, second by Commissioner Fiala.
All in favor of that motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Item #3A
EMPLOYEE SERVICE AWARDS — 20 YEAR ATTENDEES
CHAIRMAN HENNING: Now we go to service awards, and we
have some service awards.
MR. OCHS: Yes, sir, we do. Would the board be kind enough
to join us in front of the dais?
Commissioners, we have three employees this morning
celebrating 20 years of service with county government. The first
employee to be recognized is Bruce Gastineau from your Emergency
Medical Services Department. Bruce.
(Applause.)
COMMISSIONER NANCE: Thank you for your service.
CHAIRMAN HENNING: Congratulations.
COMMISSIONER FIALA: Thanks so much.
COMMISSIONER COYLE: Congratulations.
MR. GASTINEAU: Right here?
CHAIRMAN HENNING: Absolutely. It's all about you.
MR. OCHS: Congratulations.
Also celebrating 20 years of service with our Parks and
Page 7
February 25, 2014
Recreation Department, Ron Holder.
(Applause.)
COMMISSIONER NANCE: Congratulations.
COMMISSIONER HILLER: Congratulations.
CHAIRMAN HENNING: Thanks for your service.
COMMISSIONER FIALA: Congratulations.
COMMISSIONER COYLE: Ron, congratulations. Thank you.
MR. OCHS: Ron, congratulations. Well done.
Celebrating 20 years of service with EMS is Maureene
Matthews. Maureene.
(Applause.)
CHAIRMAN HENNING: Thank you.
COMMISSIONER NANCE: Thank you.
COMMISSIONER HILLER: Thank you.
COMMISSIONER FIALA: Thank you so much.
COMMISSIONER COYLE: Congratulations.
(Applause.)
MR. OCHS: Congratulations, Maureene. Thank you.
MR. DURHAM: Congratulations.
Item #3B
EMPLOYEE SERVICE AWARDS — 25 YEAR ATTENDEES
MR. OCHS: Commissioners, this morning we're recognizing six
employees with 25 years of service to county government. The first
employee to be recognized is Danny Dominguez from Road
Maintenance. Dan?
(Applause.)
COMMISSIONER NANCE: Thank you. Appreciate it.
COMMISSIONER HILLER: Congratulations.
CHAIRMAN HENNING: Thanks for your service.
Page 8
February 25, 2014
COMMISSIONER FIALA: That's terrific. Thank you.
COMMISSIONER COYLE: Thank you very much.
(Applause.)
MR. OCHS: Thanks, Dan. Congratulations.
Celebrating 25 years with our Alternative Transportation Modes,
Michelle Edwards Arnold. Michelle?
(Applause.)
COMMISSIONER NANCE: Thank you, Michelle.
COMMISSIONER COYLE: Twenty-five years.
COMMISSIONER FIALA: How old was she when she started,
twelve?
MS. ARNOLD: I was a baby.
MR. OCHS: Congratulations.
MS. ARNOLD: Thank you. Can I have my staff up here with
me?
COMMISSIONER FIALA: Sure.
CHAIRMAN HENNING: Just your staff? You want us to step
aside or what?
MS. ARNOLD: No, no, no.
COMMISSIONER NANCE: This is a snowboarding event.
COMMISSIONER FIALA: Oh, I can peer over the flowers.
MS. ARNOLD: Thank you.
MR. OCHS: All right. Very nice.
(Applause.)
MR. OCHS: Celebrating 25 years of service with our Road
Maintenance Department, Greg Harrison. Greg?
(Applause.)
COMMISSIONER NANCE: Thank you, sir.
COMMISSIONER HILLER: Congratulations, Greg.
CHAIRMAN HENNING: I've seen you out on the road several
times. You do a great job.
COMMISSIONER COYLE: Greg, congratulations.
Page 9
February 25, 2014
MR. OCHS: Thanks, Greg. Congratulations.
Celebrating 25 years with our Water Department, Richard
Lockerby. Richard?
(Applause.)
COMMISSIONER NANCE: Thank you, Richard.
COMMISSIONER HILLER: Congratulations.
CHAIRMAN HENNING: Thanks for your service.
COMMISSIONER FIALA: Thank you.
COMMISSIONER COYLE: Thank you.
(Applause.)
MR. OCHS: Congratulations, Rich. Thank you.
Celebrating 25 years, again, with our Water Department this
morning, Rudy Luna. Rudy?
(Applause.)
COMMISSIONER NANCE: Thank you.
COMMISSIONER HILLER: Congratulations, Rudy.
CHAIRMAN HENNING: Thank you, sir.
COMMISSIONER FIALA: Thank you.
COMMISSIONER COYLE: Congratulations.
MR. LUNA: Thank you.
(Applause.)
MR. OCHS: Rudy, congratulations. Thank you.
Our final 25-year service award recipient this morning from
Landscape Operations is Eloy Rodriguez. Eloy?
(Applause.)
COMMISSIONER NANCE: Thank you so much.
COMMISSIONER HILLER: Congratulations.
CHAIRMAN HENNING: Thanks for your service.
COMMISSIONER FIALA: Thank you so much.
COMMISSIONER COYLE: Thank you.
(Applause.)
MR. OCHS: Congratulations.
Page 10
February 25, 2014
MR. DURHAM: Congratulations.
MR. OCHS: Commissioners, that concludes our service awards.
Thank you.
Item #4A
PROCLAMATION RECOGNIZING THE MILESTONE
GRADUATION OF THE JUSTIN'S PLACE WOMEN'S
RECOVERY PROGRAM. ACCEPTED BY VANN ELLISON,
PRESIDENT, ST. MATTHEW'S HOUSE — ADOPTED
CHAIRMAN HENNING: Next we go to proclamations. Our
first proclamation.
MR. OCHS: Yes, sir.
That takes us to Item 4, your proclamations, this morning.
Item 4A is a proclamation recognizing the milestone graduation
of the Justin's Place Women's Recovery Program, to be accepted by
Vann Ellison, president, St. Matthew's house.
This item is sponsored by Commissioner Hiller.
If you'd please step forward and receive your proclamation.
(Applause.)
COMMISSIONER HILLER: Vann, congratulations.
MR. ELLISON: Thank you very much.
COMMISSIONER HILLER: Would you like to say a few
words?
MR. ELLISON: Sure.
COMMISSIONER HILLER: Would you like to step up to the
podium, then, and address the audience.
MR. ELLISON: Commissioner Hiller and Commissioners, I
want to thank you for this proclamation recognizing the work of St.
Matthew's House or Justin's Place. It's a remarkable program, and
we're so excited to see a group of women graduating this Thursday
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February 25, 2014
with more than a year clean and sober. And to take people who have
been broken by addictions, who have been devastated, to see their
families reunited is really the mission and the passion that is being
fulfilled with this graduation.
And we thank you. It's such a blessing to be part of the East
Naples community and to see so many lives being transformed. And
long-term recovery is really the hope for these women and their kids
that are being reunited with them as well. So thank you.
COMMISSIONER HILLER: This is a very important program,
because it is focused on women. I believe this is the first graduating
class of women that you have coming forward this Thursday night,
and it is tremendous to see how you have assisted these women
recover and be reunited with their families, and that's key for the
children.
MR. ELLISON: And it's the first long-term program of this type
in Collier County to really make a difference in these lives. So thank
you.
COMMISSIONER HILLER: Tremendous. Thank you very
much.
(Applause.)
Item #4B
PROCLAMATION DESIGNATING FEBRUARY 2014 AS
LITERACY MONTH IN COLLIER COUNTY AND
RECOGNIZING THE "BRING A BOOK, BRING A FRIEND"
PROGRAM OF THE K IS FOR KIDS FOUNDATION WHICH
PROVIDES BOOKS TO CHILDREN IN NEED. ACCEPTED BY
KAREN CLAWSON, K IS FOR KIDS FOUNDER AND
EXECUTIVE DIRECTOR AND VOLUNTEERS — ADOPTED
MR. OCHS: Item 4B is a proclamation designating February
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February 25, 2014
2014 as Literacy Month in Collier County in recognizing the Bring A
Book, Bring A Friend program of the K is for Kids Foundation which
provides books to children in need. To be accepted by Karen
Clawson, K is for Kids founder and executive director, and volunteers.
And this item is sponsored by the entire Board of County
Commissioners. Karen.
COMMISSIONER HILLER: Congratulations, Karen.
Would you like to say something?
MS. CLAWSON: Very briefly. Brief is the key word.
COMMISSIONER HILLER: If you want to step up to the
podium after the photograph.
MS. CLAWSON: Okay.
COMMISSIONER HILLER: Before Karen speaks, I just want to
mention that this is an incredible program that my son was actively
involved with.
Karen, you did wonders teaching him all about public service and
community service. And I have to personally say that we, as a family,
have donated a lot of books.
MS. CLAWSON: You certainly have.
COMMISSIONER HILLER: In fact, I was like a chord up (sic).
We love books in our family. And I have -- my family room literally
has a wall of bookshelves.
MS. CLAWSON: Love to hear it.
COMMISSIONER HILLER: Yeah. And we -- I encourage
everybody that has any books for kids that they're no longer, you
know, using or saving for their grandchildren to contact Karen --
MS. CLAWSON: Yes, please.
COMMISSIONER HILLER: -- and make that donation, because
they definitely welcome those contributions, and they do share those
books with kids in need, and it's a tremendous program. So I
commend you.
MS. CLAWSON: Oh, thank you so much, and we do love that
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February 25, 2014
treasure trove of books that you donated. When we saw a couple that
were dedicated from the grandmother, we did call to make sure this
was a gift that continued giving to children. And we're talking about
children, from baby board books, toddlers to teens, and teenagers are
reading all types of books these days as well in advanced reading.
So just quickly, the Bring a Book, Bring a Friend Month -- I'm a
volunteer mom. I know executive director sounds really impressive,
but, really, I'm just a volunteer mom in Collier County public schools
and some south Lee County as well.
And teenagers are so eager. Think back to the days when you
were young; you were chomping at the bit to do something, to
contribute, and you had all that energy that you needed directed and
channeled.
It's all about communicating and getting along with the world.
We really are about the power of words from learning to read the word
to speak the words to getting along with each other. We take teens;
they do project management from concept all the way to the finish, so
they are helping their community and other students with a ladder for
leadership.
Thank you so much for your time.
(Applause.)
Item #4C
PROCLAMATION RECOGNIZING ALL THE PARTICIPANTS
WHO WORKED SEAMLESSLY AND TIRELESSLY TOGETHER
TO ACHIEVE A SUCCESSFUL BEACH RENOURISHMENT
PROJECT. ACCEPTED BY BILL LORENZ AND GARY
MCALPIN, NATURAL RESOURCES DEPARTMENT, GROWTH
MANAGEMENT DIVISION — ADOPTED
MR. OCHS: Item 4C is a proclamation recognizing all the
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February 25, 2014
participants who worked seamlessly and tirelessly together to achieve
a successful beach renourishment project.
To be accepted by Bill Lorenz and Gary McAlpin, Natural
Resources Department of the Growth Management Division. This
item is sponsored by Commissioner Hiller. If you'd please come
forward.
(Applause.)
COMMISSIONER HILLER: I want to thank you all.
Outstanding job.
COMMISSIONER NANCE: Thank you, sir.
CHAIRMAN HENNING: Great job. I go down there quite a bit.
Thank you.
COMMISSIONER HILLER: Congratulations.
CHAIRMAN HENNING: Who's the project manager?
UNIDENTIFIED SPEAKER: Gary McAlpin.
CHAIRMAN HENNING: Oh, Anderson, okay.
COMMISSIONER FIALA: Thanks for all you do.
MR. OCHS: It didn't take this long to renourish the beach,
Commissioners.
COMMISSIONER FIALA: That was a good one, Leo.
(Applause.)
MR. OCHS: Great job, guys. Fantastic.
Clint, great job. Thank you.
Mr. Chairman, if Nick could say a few words, please.
MR. CASALANGUIDA: Thank you, County Manager.
Commissioners, whenever we do a project like this, I think,
collectively, we all hold our breath.
When coastal zone was transferred to growth management and
the beach projects came up and then this finally hit the ground, we had
many, many meetings to make sure that safety was going to be
addressed.
And I will tell you that I was astounded by the level of
Page 15
February 25, 2014
cooperation we received from everybody named in the proclamation,
from the County Attorney's Office to purchasing, finance, the Sheriffs
Office.
But I'd like to point out a couple things, if I could. From the
beginning, with Stewart Mining, who took the risk to pull sand out of
mine ahead of the contract being initiated knowing that we would
need the sand to be available to meet our schedule, to Mr. Eastman,
Eastman Aggregate, who set an amazing tone that the other company
had to follow, basically, to especially Gary.
I want to recognize Gary, because, tirelessly, he received many
phone calls from everybody from the outside, and he responded 24
hours a day, seven days a week with his team. He probably was sick
of seeing my phone number appear.
We checked everything, from driving up to Lee County to make
sure the roads were safe. And our biggest concern was safety. We
deposited 345,000 tons of sand, and we traveled 1 .5 million miles
without incident. So that's amazing.
To be ahead of schedule two months and for everybody to work
like this, it's projects like this that make our team especially proud to
be part of the county manager's operation.
So I wanted to make sure that you knew that, and a special thanks
to Gary McAlpin for the time he put in that.
So thank you, Commissioners.
COMMISSIONER HILLER: Thank you.
And also to your other gentleman who was the joint manager on
the production side.
MR. CASALANGUIDA: Sure.
COMMISSIONER HILLER: Because he was up here a moment
ago. He's sitting in the back. The fact that Gary did a tremendous job
that this gentleman was able to really execute this job in an
unbelievable fashion that -- I mean, it was an example of production
management like none other.
Page 16
February 25, 2014
You all did a fantastic job in getting it done. You were on time,
under budget, and you did exactly what the design required, so really
well done.
MR. CASALANGUIDA: Thank you, ma'am.
COMMISSIONER NANCE: Yeah. Mr. Chairman, I'd also like
to say that to everybody, you know, coming from a career and
operations, I have the utmost respect for people that have to deliver
after all the discussion and the --
COMMISSIONER FIALA: Speculation.
COMMISSIONER NANCE: Well, there's just -- the
preparations were mighty, let us say that. And I will tell you that the
execution and the oversight on this, when it came down to time to
make the doughnuts, was extraordinary, and everybody should feel
very proud about how well it went. And even your harshest skeptics
were converted into smiles and handshakes.
And so my personal congratulations to everybody that was
involved with the execution. It was just extraordinary.
Thank you so very much.
COMMISSIONER HILLER: Thank you.
MR. OCHS: Mr. Chairman, if I can get a motion --
COMMISSIONER HILLER: Motion to approve.
MR. OCHS: -- to move the proclamations this morning.
CHAIRMAN HENNING: Motion by Commissioner Hiller to
approve the proclamations.
Seconded by?
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Commissioner Fiala.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
Page 17
February 25, 2014
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: It carries unanimously.
Item #10A
THE COUNTY ATTORNEY TO ADVERTISE AND BRING
BACK FOR FUTURE CONSIDERATION AN AMENDMENT TO
ORDINANCE NO. 1975-16, AS AMENDED, RELATING TO THE
PLACEMENT AND PRESENTATION OF MATTERS ON THE
OFFICIAL AGENDA - MOTION TO APPROVE AS MODIFIED —
APPROVED
MR. OCHS: Mr. Chairman, that takes us to Item 10 on your
agenda this morning, Board of County Commissioners. Item 10A is a
recommendation to authorize the county attorney to advertise and
bring back for future consideration an amendment to Ordinance No.
1975-16 as amended relating to the placement and presentation of
matters on the official agenda, and this item was placed on the agenda
by Commissioner Hiller.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Thank you.
When I was elected back several years ago, the majority of the
board at that time looked to try to block my ability to put information
on the record by implementing a provision that basically would
require a vote of three of the commissioners if any one commissioner
wanted to add something to the agenda after the meeting had started,
and that is just fundamentally wrong.
I mean, any commissioner should have the ability to introduce
information that would allow the commissioners, as a board, to make
the right decision on a fully informed basis at any time.
Page 18
February 25, 2014
If a member of the public presents information and advances it is
to the board and if a commissioner would like to introduce it on the
record, he should have the ability or she should have the ability to do
so.
And the same holds true for staff. Staff should have a similar
ability to bring information forward. New information might come to
light during the course of a meeting that they would like to introduce
on the record, and they should have the ability to do so.
We want as much information as possible so we can make the
best decisions possible on behalf of the community.
And so, as a consequence, I worked with the county attorney to
amend the ordinance to allow for that to happen and had the
amendment reviewed by the county manager to make sure that it
would allow for him and his staff to have the ability to bring
information forward in a similar fashion.
And so it's before you today, and I hope you support it. And, you
know, I hope we do everything possible to promote as much
information coming forward as possible during the course of our
meetings.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I certainly supported this.
This is the way we had always operated before, and then it was
changed in 2011 , and so it was a new way. But I think we would all
feel comfortable going back to that way, and thank you so much for
reintroducing it.
COMMISSIONER HILLER: And thank you for your support,
Commissioner Fiala.
COMMISSIONER FIALA: Uh-huh.
CHAIRMAN HENNING: Seeing no further comments, I want
to say, it's the -- it's the board's meeting. And when documents are
introduced without having knowledge of what's in those documents,
it's not fair to the other members.
Page 19
February 25, 2014
I don't mind anybody's submission of documents as long as the
board knows what those documents are --
COMMISSIONER HILLER: Sure.
CHAIRMAN HENNING: -- and accepts them.
So I don't think there's any prohibition from a commissioner
entering anything into the record, or the county manager. But when
we make decisions, we want to make informed decisions, and the
material before us is very important to understand.
Commissioner Nance?
COMMISSIONER NANCE: Yes. I certainly support this
agenda item. I think it is -- one of the things that handicaps us on
occasion is getting information in a timely fashion. And since the
agenda is finalized as late as Thursday afternoon, sometimes I'm sure
a commissioner might have additional information that's very
important or actually changes some of the fundamental discussion on
that agenda item.
So I certainly support this. You know, if additional information
comes forward that materially changes the agenda item, of course, it
can always be continued until additional thought and consideration
can be given. So I support this 100 percent.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: Commissioner Coyle and
Commissioner Fiala.
COMMISSIONER COYLE: Yeah. I'm a little confused now.
This executive summary states that this amendment allows any
commissioner or the county manager to put anything on the record
with no vote of the board required.
COMMISSIONER HILLER: Correct.
COMMISSIONER COYLE: Commissioner Henning has very
clearly stated that he believes that we need to have an opportunity to
understand what it is that is being presented to us. And if we don't
have a vote, if the board has no say in the acceptance of that
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February 25, 2014
information, there is going to be no opportunity for us to learn what's
in that document before we have to take a vote. So it is confusing.
There is no reason why a board member can't offer something.
But if it is a large document that we can't possibly review at the time
of the meeting, the board should at least have the right to vote to either
reject it or to continue the discussion to a later point in time so that we
can take that item into consideration.
The problem that we encountered early on that Commissioner
Hiller is referring to is one where -- was sort of like an ambush kind of
situation where we start each meeting, and then all of a sudden all
these things were handed out without any advance notice, and that
isn't the way to conduct a good meeting.
It appears to me that the board needs to have some authorization
to accept that information or make a determination that we continue
the item until such time as we can review the information that has
been submitted at the last minute.
So I would vote against this amendment for that reason, but if it
were modified so that the board could vote to take those choices to
either consider the information if it's relatively simple and
straightforward or to continue the item under discussion until such
time as we could review the information.
CHAIRMAN HENNING: Commissioner Fiala, then
Commissioner Hiller.
COMMISSIONER FIALA: Sure. Thank you very much.
You know, I was thinking about the same thing, although I feel I
wanted to vote for this, because I think that if we are handed a batch
of information, none of us feel comfortable about voting for
something we don't know the contents of, and I would think that we
should have the ability and the privilege to continue it if there's --
especially if there's a lot of information, and we have no information,
or we'd be blind voting, and that's not a good thing either. But I would
think that that should be just rolled in and included in this motion.
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February 25, 2014
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: And that's exactly right,
Commissioner Fiala. It's all about the opportunity to continue. If
information is presented, if any board member feels it's important to
get information on the record, they should have the ability to do so,
and that information should not be blocked by any vote.
Now, if there isn't enough time to review that information, we
have a law that allows for the item to be continued to allow for the
board to have time to review that material.
So, Commissioner Nance and Commissioner Fiala, you're both
absolutely correct, there is a mechanism to allow for the board to
review, you know, with adequate time. And, again, it's all about every
commissioner and staff having the ability to bring that information
forward without that information being blocked from the record by a
majority vote.
So with that, I'd like to make a motion to approve the ordinance
as amended.
COMMISSIONER NANCE: I will second your motion.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: Okay. And the direction is -- can you
state it --
COMMISSIONER HILLER: Yeah, to authorize the county
attorney to advertise and bring back for future consideration the
amendment to Ordinance No. 1975-16 as amended relating to the
placement and presentation of matters on the official agenda.
CHAIRMAN HENNING: And what would that look like when
it comes back?
MR. KLATZKOW: It will look like -- it will be substantially the
same as what's in your executive summary on Page 2 of the executive
summary.
CHAIRMAN HENNING: I lost my -- my pad is not working, so
I don't have an agenda; that's why I'm asking. And I'm trying to get
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February 25, 2014
somebody to do something.
COMMISSIONER HILLER: County Attorney, you've got a
draft of it that -- if you could present that.
CHAIRMAN HENNING: Is that an IT person?
Okay. So it's no vote. It doesn't take -- the board doesn't have to
accept any document. It's just anybody -- staff can enter anything into
the record or --
MR. KLATZKOW: The county manager or a commissioner can
enter anything into the record.
CHAIRMAN HENNING: Without any acceptance?
MR. KLATZKOW: Correct.
COMMISSIONER HILLER: Right.
CHAIRMAN HENNING: Okay. Any further discussion on the
motion?
COMMISSIONER FIALA: Without any acceptance?
CHAIRMAN HENNING: Right.
COMMISSIONER HILLER: In other words, if you --
Commissioner Fiala, if you want to present something, it can't be
blocked from the record.
COMMISSIONER FIALA: Yes.
COMMISSIONER HILLER: But if, for example, Commissioner
Henning says, well, this is too much and I haven't had the time to
review it, he can make a motion to continue so it can be reviewed.
COMMISSIONER FIALA: That's the most important --
COMMISSIONER HILLER: That way -- exactly.
COMMISSIONER FIALA: Yes.
COMMISSIONER HILLER: Exactly.
COMMISSIONER FIALA: And when you said your motion
was to -- as modified or as --
COMMISSIONER HILLER: Right. This is.
COMMISSIONER FIALA: Yeah, that's what you meant was to
include this?
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February 25, 2014
COMMISSIONER HILLER: Exactly, just to say unless offered
by a commissioner or the county manager. So the board can reject --
if a member of the public wants to introduce a packet and the board,
you know, doesn't want to accept it, we don't have to. But if a
commissioner wants to offer something or if the county manager
wants to offer something, they should have the ability to put
information on the record to assist the board in making its decision.
CHAIRMAN HENNING: And the correction is they should
have the ability to do that without the approval of the rest of the board
COMMISSIONER HILLER: Right.
CHAIRMAN HENNING: -- or the majority of the board.
COMMISSIONER HILLER: Exactly. So it wouldn't be blocked
by a majority vote keeping that information out.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I just want to get
clarification on that point. It would not in any way affect the ability to
continue an item if the board or any member of the board wished to
propose such a thing if they have not had a chance to review this
information?
COMMISSIONER HILLER: Correct.
COMMISSIONER COYLE: Right?
COMMISSIONER HILLER: Absolutely.
COMMISSIONER COYLE: Is that right? Okay. We've got that
on the record. I've just introduced something on the record. Thank
you.
COMMISSIONER HILLER: No, it's -- absolutely. And that is a
very important point, because any member of this board can request
that an item be continued for any number of reasons, and receiving
information they haven't had time to review can be one of them if they
so choose.
CHAIRMAN HENNING: Okay. There's a motion on the floor
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February 25, 2014
and second as explained in the executive summary.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
Aye.
Motion carries 4-1, Commissioner Henning dissenting.
COMMISSIONER FIALA: Could I just make a comment?
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Just for audience members, actually,
many times audiences -- you know, somebody will come up to the
podium and then present us a packet of information, and I don't know
how they think that we're going to be able to read that and listen to
them as well. And maybe some time or another we could address that.
COMMISSIONER HILLER: I think that's a good point.
COMMISSIONER FIALA: We certainly can't vote on
something they just handed us, and we don't have the time to read it.
COMMISSIONER HILLER: I'll go back and review the
ordinance again for that point and see if we need to do anything
further or if it adequately considers our ability to deal with that.
CHAIRMAN HENNING: Next item?
Item #11A
RESOLUTION 2014-45: THE FY 2015 BUDGET POLICY —
ADOPTED
MR. OCHS: Yes, sir.
Next item is Item 11A. It's a recommendation to adopt the Fiscal
Year 2015 budget policy.
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February 25, 2014
Mr. Isackson will present.
CHAIRMAN HENNING: Yeah. How I want to do this item --
if you have a presentation, go ahead and do the presentation. But
there's several policies in there. If we can go over and get the board's
approval of those policies and then take a final vote on the overall
budget policy for 2014/'15.
MR. ISACKSON: Commissioners, good morning. For the
record, Mark Isackson, your Director of Corporate Finance for the
County Manager's Agency.
Commissioners, the 2015 budget policy -- heck, it seems like we
just got done with the '14 budget. Now we're back before you again
doing the '15 budget.
Just for your orientation, on Packet Pages 155 through 188 are
the specific information regarding our 2015 budget policies as staff
has recommended them.
What I'd like to do is go over the key annual policies which you
consider every year and provide guidance to staff in preparation for
our document, which we pull together for your June workshops.
Also within the document are continuing policies which the
board endorses. Those are on Pages 174 to 176, as well as your
three-year General Fund and Unincorporated Area General Fund
analysis that we do.
The first substantial policy that you're asked to consider is what
your millage rate's going to be. We are recommending a
millage-neutral policy both in the General Fund and Unincorporated
General Fund. You see the rates. And also in your MSTUs, those
with an advisory board oversight ranging from rolled back, which is
same revenue as last year to millage neutral, which would be an
increasing amount of revenue in an increasing taxable-value
environment, and those with no advisory board would be millage
neutral.
For the record, there's -- we've had 12 millage neutral tax rates
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February 25, 2014
within your MSTUs in FY 14 and 8 at the rolled-back rate.
Commissioners, we wanted to ask the question, why are we
recommending a millage-neutral rate policy. You've lost $21 billion
in taxable value since 2008; that's about 27 percent of your tax base.
The -- that translates into about $77 million in lost General Fund
revenue. Now, you lost that over a period of about six years.
What we're trying to do from a planning perspective is recover
that within, sort of, a five-year window so that we can get after and
tackle the asset management and replacement.
You've got a pretty substantial infrastructure in this community.
We need to protect it, maintain it to our best ability.
You also see in the document a very conservative viewpoint of
the backlog that we have in our assets and our replacement schedules.
We're at roughly $42 million. I say that's conservative because there
are probably other things that the divisions would want to get at but
didn't want to scare everybody; so we only put -- we put that figure in
there.
But it's still a substantial figure and one that we're not going to
get at within one year. It will take time to handle those types of
replacements and maintenance.
Commissioners, the state is suggesting that our taxable value will
go up 6.4 percent. For our planning purposes, however, we are
recommending and planning around a four-and-a-half percent increase
in taxable value. We think that's prudent.
Should the number rise above 4.5 percent, those are dollars
which the board, in their wisdom, could utilize for things that may be
necessary or additional maintenance items, reserves, and there are any
number of things that you could go after with those dollars above that
planning threshold.
Likewise, if it goes below four-and-a-half percent, we also have
some difficulties that we'll have to go after, and that is we'll have to
cut from our planning scenario. For every 1 percent increase, it's
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February 25, 2014
about $2.2 million in the General Fund and, likewise, a decrease of
$2.2 million if we go 1 percent below the planning threshold.
Commissioners, it's important to note, especially on Page 158,
that we are not proposing any midyear cuts in FY 14. That doesn't
mean that we don't manage the budget. But our operating cuts, which
you've seen a plethora of those over the last four years to the tune of
about $107 million, there will be none proposed for this particular
year, much to the happiness of our division administrators.
On Page 159, again, Commissioners, see the highlighted schedule
of assets and items to be replaced, which is critical.
On Page 160, Commissioners, we have a couple of charts that
show how much money we're devoting to payment of our debt, both
growth and non-growth related. Our countywide capital transfers that
we're making are transfers of roads and transfers of stormwater.
I will tell you that I feel confident we're in a much better position
in 2015 to try and get after some of the items that we haven't been
getting after over the last few years, and you can see that's evidenced
by the amount of dollars we're proposing, some 32 million in '14
versus almost 38 million in 2015 proposed.
On Page 6, again, it's a breakdown of the countywide capital, and
that's been an area where we really have cut back substantially over
the -- over the course of the past few years and where there needs to
be some catch-up, both in our governmental facilities and continuing
with our asset replacement on a public safety and public health and
public welfare perspective.
Commissioners, agency allocations, that's simply a recognition
that if for some reason our planning thresholds aren't met, whether it's
from reduced property taxes, new state tax reform legislation, and
others, that everybody shares equally in the pain, as well as, on the
positive side, if there are increases in revenue above the planning
threshold, those will be allocated proportionately also.
We'll continue with our revenue-centric approach. Within the
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February 25, 2014
enterprise funds, essentially, their reliance is on their fee revenue and
the revenue-centric guidelines dictated by cash and anticipated
receipts.
Again, within the General Fund and the Unincorporated Area
General Fund, where there's a net impact to the General Fund based on
some positive fee revenue. If that fee revenue is not materializing,
then there will be cuts to particular programs or services as opposed to
reliance on ad valorem revenue.
Agency positions. You can see that -- and, in fact, it was evident
in 2014 where we've expanded our roster up about 27 people. We'll
be bringing back to you expanded position requests most likely in the
'15 budget year. Those will, once again, be vetted with you during the
June workshop providing you with expanded operational costs and
any offsetting program revenue.
Compensation. This year, Commissioners, we're asking that
allowance be provided to build in a 2 percent compensation plan
adjustment within the planning document and that the structure of
such adjustment will be developed by the county manager and
presented to you at the June workshop.
In the area of healthcare, again, we're proposing to maintain our
80 percent employer, 20 percent employee breakdown. We're
anticipating that premiums will remain stable using a combination of
plan design changes, provider fee negotiations, and our wellness
efforts.
Retirement rates. Commissioners, we published in our OMB
budget instructions retirement rates based on the statute that's passed
by the Florida legislature.
Now, stormwater funding, there was some discussion at your
workshop recently about that. We're proposing to continue with
Ordinance 2010-137 but, again, based on Nick's presentation to
identify some critical areas of concern throughout the county which
would receive some priority new funding in 2015.
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February 25, 2014
Use of gas taxes. Again, Commissioners, a continuation of what
we've done in the past. When it all boils out, you really don't have a
lot of gas tax you can devote to your transportation network and the
maintenance of that. So what we do is we transfer General Fund
dollars to continue to provide the vast amount of funding in support of
our maintenance and roadway network and other
transportation-related expenditures.
Our General Fund. Commissioners, our general capital, debt
service, and debt management, once again, I think we're managing
that very nicely and very smartly.
The amount of money that's going to the 301, while it's not a
third of a mill -- it hasn't been for a number of years -- it's still
sufficient to account for and pay our debt service, cover any impact
fee loans to the impact fee trust funds, and also to get after, again,
some of the much needed general governmental priority capital needs.
Commissioners, our reserves. We talked about this a little bit in
the September hearings. Two of particular note are your General
Fund. We're proposing a floor of 8 percent of operations, which is
24.2 million; the ceiling of 16 percent, which is 48.5 million. Our
current planning reserve for 2015 is $27.3 million.
And there are other governmental funds and, most specifically,
the Unincorporated Area General Fund. The ceiling would be 3.2
million. And, Commissioners, we're nowhere near that -- in 2015 at
$1 .3 million.
Finally, Commissioners, your schedule. We're requesting a
resolution as part of your approvals this year, which requires that the
Supervisor of Elections, the Sheriff, and the Clerk of Courts submit
their budgets on May 1 .
Our June budget workshop dates are Thursday, June 26 and, if
necessary, the 27th.
You would adopt your tentative maximum FY 15 millage rates on
the 8th of July, Tuesday. You'd receive your tentative budget on
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February 25, 2014
Friday, July 11th, and your public hearings in September,
Commissioner, would be the 4th and the 18th of September.
Commissioners, based on the chair's remarks ahead of time, I'd
be happy to address any questions you might have.
CHAIRMAN HENNING: Commissioner Hiller and
Commissioner Fiala.
COMMISSIONER HILLER: Mark, first I'd like to commend
and compliment you for what you've done in developing this budget
policy.
I think you're right on point. We need to build back the revenue
stream that has suffered as a consequence of the reduction in property
values in order to set monies aside for repairs and replacements of the
assets for increasing the reserves to where they ought to be in the
county and to the reduction of our debt. And you have put together a
proposal which very well accomplishes that.
The other thing I'd like to compliment you on is -- one of the
statements in the policy is that we will not look to make up for
shortages in revenue with General Fund dollars but, rather, we will cut
costs when we see that occur, and that is exactly the right approach.
Over the past few years, we have lost 100 million dollars in our
General Fund from 400 million to 300 million, notwithstanding.
Because of the competency of our staff, we have provided a higher
level of service to the community because we have introduced smarter
ways of doing business.
To give you an example, in growth management we now have
fully automated permitting which we did not have before. Absolutely
fantastic.
So I thank you, and I support this, and I'm going to make a
motion to approve the budget policy as presented.
COMMISSIONER FIALA: I'll second that motion.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: Okay. So we're not going to take the
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February 25, 2014
policies one by one then?
COMMISSIONER HILLER: No, I don't think so. I think
everything that has been proposed makes sense, and we're setting
aside funding for, you know, repairs and replacements of our assets,
which we have to do. It's very clear that there's a need. You know,
we're proposing continued debt reduction, which is absolutely
necessary. We're looking to increase the reserve within the General
Fund, which is also necessary, and we're saying that if we have -- if
we don't have the revenues we anticipate, we're not going to take from
the General Fund. We are going to --
CHAIRMAN HENNING: Yeah. I heard what you said --
COMMISSIONER HILLER: -- streamline the expenses.
CHAIRMAN HENNING: -- but we have $42 million of backlog
maintenance of our assets.
COMMISSIONER HILLER: Probably more than that, actually,
based on what the asset-management analysis will reveal.
CHAIRMAN HENNING: So the question is, if the revenues
come in more than anticipated, you want us to give the guidance to
staff to start plugging in for replacement of our assets?
COMMISSIONER HILLER: Well, I think what we need to do is
adjust if that happens at that point in time. But as of right now, we are
being very conservative in terms of what we're anticipating, which is
realistic.
If it turns out that our revenues exceed, then we can always
correct at that point in time. So I think we adopt as-is and then see
how things evolve. And if we see either a shortage or surplus, as the
case may be, then Mark will advise us, and we will accordingly adjust,
you know, our direction at that time.
CHAIRMAN HENNING: Well, have a little --
COMMISSIONER HILLER: Because it could go either way.
CHAIRMAN HENNING: Having a little experience with this,
it's always a blood fest. When that happens and all of a sudden we
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February 25, 2014
have a million here and million there and, poof, we have new
programs and that; however, we still have this backlog and with the
anticipated revenue -- and it's going to take you 10 years to get to that
backlog.
COMMISSIONER HILLER: Exactly.
CHAIRMAN HENNING: I, personally, think that's a policy -- I
can't support the motion, but I do want to go through some other
policies. But I want to go to Commissioner Fiala and Commissioner
Coyle.
COMMISSIONER FIALA: Okay. I do have a few questions.
You had said we lost $2 billion in property values since two thousand
COMMISSIONER HILLER: Twenty-one billion.
COMMISSIONER FIALA: Pardon?
COMMISSIONER HILLER: Twenty-one billion.
COMMISSIONER FIALA: Twenty-one billion dollars of
property value since 2008.
MR. ISACKSON: Yes, ma'am.
COMMISSIONER FIALA: Right now our property values, of
course, are increasing, as we can see. My goodness, I can't believe that
people are trying to outbid one another to buy properties and pay
more. That's quite amazing. It scares me, actually, because it seems
like that's what happened right before we had the last recession;
people were outbidding one other.
Anyway, my question is, has that figure improved since your last
projection?
MR. ISACKSON: Well, ma'am, we -- when I was looking in
October and November, they weren't projecting taxable value like
they are now, for example. The state's looking at 6.4 percent, and
they're also looking at a series of 6 percent adjustments going forward
in '16 and '17 also.
At that rate, you're going to make up -- remember when I said
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February 25, 2014
you lost that $21 billion. You'll make that up, if the state's projections
are right, within a five-year window.
COMMISSIONER FIALA: Okay. Yeah, I was interested in
hearing that.
Let's see. The second thing is -- and I don't know if you would
even have this answer right now, but I know we still owe a lot on
impact fee debt. With all of the new development taking place all
around the entire county right now, what is your projection for impact
fee revenue to go toward reducing that amount?
MR. ISACKSON: Ma'am, actually, I'm going to give a slide
here, if I can find it. I'll ask Leo to put it up on the visualizer. Your --
the debt that you have, the loans that the General Fund is making to
the impact fee trust funds are in areas where you're generating the
least amount of impact fee revenue; general governmental facilities
and libraries and law enforcement and corrections.
We probably -- and I can never find these things when you want
them. But -- the point is, your financial fund will continue, likely, to
make loans to the impact fee trust funds. It seems counterintuitive, but
80 percent of a building permit, those impact fees are in the
transportation area and the public utilities area for the most part. But
the greatest amount of debt that I have is in the libraries, general
governmental facilities, law enforcement, and corrections area.
So I don't know if that helps you with your inquiry.
COMMISSIONER FIALA: But this --
MR. ISACKSON: It won't be any time soon.
COMMISSIONER FIALA: Our, sort of, growth would probably
at least assist you in helping to pick that off a little bit, right?
MR. ISACKSON: Oh, sure.
COMMISSIONER FIALA: Good.
MR. ISACKSON: I'm not -- yeah, I don't want to say that that's
not a benefit, ma'am; it is.
COMMISSIONER FIALA: Of course you wouldn't want to say
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February 25, 2014
that.
And, lastly, one of the things we hear from our constituents
around the whole county, actually, is about the libraries. They wonder
when they're going to be open again to -- back to where we started
cutting the days. Do we have an answer to that?
MR. ISACKSON: I -- ma'am, I rely on the -- on your
administrators to tell me or not tell me, but maybe Mr. Carnell can
offer some explanation to that.
MR. CARNELL: Good morning, members of the Board. Steve
Carnell, Public Services Administrator.
Commissioner Fiala, it's a very timely question. At the moment,
we are maxed out staffing versus hours in all of our libraries. But I'll
tell you right now, we will take a look in the FY 15 budget process
within the library system to see what we can afford and what we could
potentially put forward that would meaningfully address the ability to
expand hours where we have five day a week now. All of our
branches are open five days, but many of them are not open more than
five days. And so we'd like to revisit that, and we will in the budget
process.
COMMISSIONER FIALA: Okay. Thank you very much.
Thank you.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: When will you get a firm
indication of the increase in taxable value?
MR. ISACKSON: Commissioner, we generally get our first
preliminary look at it a couple days before -- the end of-- the end of
May for our June workshop. You get preliminary June taxable value
numbers.
COMMISSIONER COYLE: And how accurate are those?
MR. ISACKSON: Well, that's pretty accurate, sir. That's a
preliminary indication from the property appraiser itself as to what
taxable values are going to be.
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February 25, 2014
COMMISSIONER COYLE: So when we get to the point of
establishing the maximum millage rate for the next fiscal year, we will
have a very accurate estimate of the property value?
MR. ISACKSON: Prior to that, you'll get -- so you get your
taxable value in June, preliminary, then you get a July 1 certification.
The July 1 certification is the numbers that we use to provide you with
your maximum millage rate projections.
COMMISSIONER COYLE: Okay. Now, what assumptions are
you making concerning turnbacks from constitutional officers?
MR. ISACKSON: Actually, Commissioners, I bumped up my
turnback from five-and-a-half million dollars to six million dollars in
my planning scenario.
COMMISSIONER COYLE: Okay.
MR. ISACKSON: Which -- every time we make a projection
like that, we're always anticipating dollars above that planning
scenario. So there's a little bit of risk involved in bumping that up by
$500,000, but I feel confident that it will probably come in.
COMMISSIONER COYLE: Okay. Now, here's -- here's my
concern. I think there should be a policy in reference to what happens
if your taxable revenues are higher than what you have budgeted.
CHAIRMAN HENNING: I agree.
COMMISSIONER COYLE: And it will solve the problem
Commissioner -- well, it won't necessarily solve it, but it will address
a problem Commissioner Henning previously brought up.
But here's the point; if the taxable values go up six-and-a-half
percent, that means the property taxes to residents go up six-and-a-half
percent. You're budgeting on a 4 percent rate.
MR. ISACKSON: That's correct, four-and-a-half.
COMMISSIONER COYLE: And you have presented what I
believe is a realistic budget that allows us to replenish reserves and do
other things that we need to be doing to recover from the deficit
during the recession.
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February 25, 2014
Is it not logical that we should establish a policy that says if the
property values and the taxes exceed a 4 percent increase, we will --
Leo's beginning to get nervous now.
Does it not seem logical, then, to reduce the millage rate and get
that money back to the taxpayers rather than just taking what would
be, in most people's estimation, a windfall and finding ways to spend
it?
MR. ISACKSON: Commissioner, I -- you've held your millage
rate the same in a very down market.
COMMISSIONER COYLE: Yeah.
MR. ISACKSON: I would strongly urge and caution you not to
do that.
CHAIRMAN HENNING: Hang on.
MR. ISACKSON: You have a -- as I started my presentation,
you have -- I believe you have a five-year window here to try and
recover what you've lost.
The fact that -- and I have a little -- there's a little information in
there about rolled-back rate and the like. You'd lose about $7 million
if you went -- for example, went back to the rolled-back rate. You'd
gain a little bit simply by the new construction component that's not
factored into the calculation of ad valorem revenue. But I would
strongly urge you not to go anyplace but millage neutral right now.
COMMISSIONER COYLE: I would disagree.
MR. ISACKSON: You've just got too much to take care of.
That's all.
COMMISSIONER COYLE: I would disagree with you, but
nevertheless. You're looking at, at least six -- you already said you're
looking at, at least 6 percent next year and for the year after that, and
the chances are that's going to be low.
I think you need to start giving some consideration to the people
who pay the taxes and try to work out something that's fair for them,
too.
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February 25, 2014
CHAIRMAN HENNING: Commissioner Nance, then I want to
go, then Commissioner Hiller.
COMMISSIONER NANCE: Yes. I think -- I think we need to
be very cautious about any consideration that it's going to be -- there's
going to be any realistic opportunity to lower the tax rate.
I believe in an effort to always be positive, that we've been a little
remiss in allowing the taxpayers and the public to understand the
magnitude of the problem that's been created during the recession. It's
not a situation that's going to quickly rebound when we've had
program maintenance and increasing operations costs, that it's been
everything we can do to maintain the level of service.
And now, of course, when building begins, people immediately
think, oh, that's wonderful, there's going to be this tremendous amount
of money. We're going to be able to catch up on some of these
projects that we've been unable to do.
That's wonderful; optimism is a great thing but, you know, we
need to look at our capital asset management very critically so that we
can catch up on getting our equipment back to the levels of
maintenance and aging that we need, program maintenance of our
facilities.
Our personnel hasn't had raises that have kept them up with
inflation for a number of years. I think there's a big backlog, and I
think we need to be honest with one another and be prepared to wisely
spend additional monies that we might or might not find are available.
CHAIRMAN HENNING: Okay. I do have some questions. But
if I recall, there's a cap on existing homesteaded properties. It can
only go up 3 percent.
MR. ISACKSON: Three percent.
CHAIRMAN HENNING: That would be new constructions and
resale of homes, so -- but I want to talk about a couple policies.
In CCWSD, is that water and sewer?
MR. ISACKSON: Yes, sir.
Page 38
February 25, 2014
CHAIRMAN HENNING: You're looking at a range from 5
percent to 15 percent reserves?
MR. ISACKSON: Yes, sir.
CHAIRMAN HENNING: That's a large variance when you're
talking hundreds of millions of dollars. Why wasn't that range
shortened?
MR. ISACKSON: Well, sir, I think we tried to make the case in
the policy that it -- that it's prudent, given the level of assets that you
have, the level of infrastructure that you've got in your utility system,
to maintain reserves that are sufficient to handle any type of
emergency that comes along, any type of revenue outflow, things of
that nature.
And, you know, I -- I can't sit here and tell you that I can talk
intelligently about the full system of the operations of the utility
system. I think Joe Bellone or George Yilmaz would be able to
address that more specifically.
CHAIRMAN HENNING: Yeah.
MR. ISACKSON: But that's the -- but that's the -- much like the
General Fund, sir, we're -- you know, we're at the lower end of a range
in terms of reserves. I think that you're probably at the lower end of
the range when you're looking at your utility reserves also.
CHAIRMAN HENNING: Was this policy assisted by the
agency --
MR. ISACKSON: Well --
CHAIRMAN HENNING: -- when you set it up?
MR. ISACKSON: When we looked at the draft language, we
also vetted it with the finance committee, sir, and then we previewed it
with you at your last September public budget hearing.
So what we're doing is essentially rolling out this as part of our --
as part of the policy. We -- what we would do is budget around the
reserves as we prepare for your June workshop so you would see
specifically where your reserve position would come in at during your
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February 25, 2014
workshops, and that would be explained in detail at that point.
But I think the -- you know, there's a lot of-- there's a lot of
issues that go into when you're looking at a reserve policy. It's not so
much cash flow, although there are cash flow issues that can arise in
the utility arena, but it's more about how much you have available in
the event of a complete shutdown of the system, in the event of a
major catastrophe, a major blowout of one of your lines, things of that
nature where that may become unanticipated. So that would be my
concern in the utility area rather than, for example, in the General
Fund.
CHAIRMAN HENNING: Yeah, but all your reserves, you -- we
give guidance on a certain percentage?
MR. ISACKSON: Well, statute tells you how much you could --
state statute controls what you can put in terms of reserve for
contingency, for example, or reserve for cash flow. No more than 10
percent of your operating expenses in a contingency reserve, no more
than 20 percent in a cash flow reserve.
So they're going to be governed by that. Capital, there is no
restriction on reserves. The state does not set up a parameter with
regard to that.
CHAIRMAN HENNING: Right. Yeah, I know that. I'm just
amazed on the wide variance on those reserves and why it can't be
narrowed down, because other departments do that.
MR. ISACKSON: Well, we can look at that. I'd just call your
attention -- you know, the General Fund has the same wide variance
from 8 to 16 percent, and that's because, while we would never -- I'd
love to get to a particular point in time in the General Fund, for
example. We're not even close to that yet.
And the utilities, you've got to keep in mind a couple things.
Their coverage on their debt has dropped from 8 to 4. Now, that's still
a good coverage, but it's a -- it's simply an indication of money going
out the door for capital reasons and things of that -- they haven't had a
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February 25, 2014
rate increase in four years either. So, I mean, you're looking at a
number of combination of things that are going on.
CHAIRMAN HENNING: Okay.
COMMISSIONER HILLER: Can I speak?
CHAIRMAN HENNING: No. Hang on.
COMMISSIONER HILLER: That's fine. I didn't realize you
weren't done.
CHAIRMAN HENNING: Solid waste -- and, actually, we want
to have enough reserves there in case we do have a hurricane like
Hurricane Wilma. So we have the experience. Are we using that
figure of the experience to have the necessary reserves, or are we
lower, or are we way above, or where are we?
MR. ISACKSON: Well, that actually, sir was a specific topic of
conversation at the finance committee. We wanted to make sure that
the numbers we were using were realistic, and that was confirmed
when we were talking about it at the finance committee.
So those reserve levels, I think, are very appropriate in solid
waste.
CHAIRMAN HENNING: Okay. And I don't have my notes
because my pad disappeared. Hopefully I'll get it back.
Commissioner Hiller.
COMMISSIONER HILLER: Thank you. I would be the first
person to support a roll back in the millage rate if it could be done, but
I don't see how that can happen, because even if the property values
increase beyond what we are projecting, that surplus has got to go to
pay down our debt.
We still have $600 million in outstanding debt. It is our intent to
pay it down. If my memory serves me correctly, the projection is that
it will take about another five years to pay that debt down another 200
or so million.
So to the extent we have additional revenues, paying down debt
will be our first obligation, building up the reserves where they're
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February 25, 2014
inadequate will be the second, and then the third is, again, setting
aside the money for the repairs and replacements of the assets,
because we did not do that. The previous administration, when all
assets were being developed, when, you know, the new infrastructure
was coming online, did not set up reserves for repairs and
replacements to deal with the aging of those assets.
And that is why we, as a board, directed staff to go out and buy
an asset-management tool to inventory the assets that we have and to
age them so we could properly plan for the management of those
assets fiscally.
So till we do that, you know, we're not in a position to roll back
given that we have experienced $21 billion in property value losses
over these past few years.
The intent is not to use the surplus to go out and engage in, you
know, funding frivolous projects. It is 100 percent to continue on the
very fiscally conservative path that we are correctly on.
At the point in time that we have reduced our debt to a level that's
deemed reasonable and our reserves are adequate and we have, you
know, funded reserves for repair and replacement of our infrastructure
so we don't have to worry about those kind of issues, we absolutely
have to roll back the millage at that point in time, but that will
definitely not happen this year but could conceivably happen in the
near future if property values increase faster than we expect.
COMMISSIONER COYLE: Mr. Chairman?
CHAIRMAN HENNING: Yes, go ahead.
COMMISSIONER COYLE: Would you please explain to us the
limitations on our debt service requirements and where we currently
stand.
MR. ISACKSON: We're -- sir; we're paying down roughly $30
million a year in debt on the principal side of the house through our
normal amortization schedule.
We're at about $596 million all in right now. And, in fact, if I
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February 25, 2014
looked at the schedules, since most of our debt payments are paid
early in the FY, you're probably down to 562 or -64 million right now
in all in debt.
At that rate, paying off another $200 million is going to take you
six-plus years in order to get to that.
COMMISSIONER COYLE: That's not the question I asked you.
MR. ISACKSON: I'm getting to that, sir.
You could actually, if you -- if you wanted to, set aside dollars
for partial defeasance or early defeasance of debt outside of the
normal range of paying down your debt.
I would caution that just a little bit because, again, you've got a
lot of asset maintenance and replacement obligations out there, and I
would just differ a little bit in terms of how you would go about that.
While it's -- I believe that paying down the debt under our normal
schedule is probably wise, assuming we issue no new debt, and that's
an assumption.
The -- again, it's the board's privilege, but I just am very leery
about the amount of deferral that we've done over the past few years
and devoting monies -- as much resources and as much dollars that we
can, given our revenue mix, to those types of issues.
COMMISSIONER COYLE: Okay. The issue that I was really
looking for is that our policy restricts our debt service -- annual
debt-service payments to 13 percent of our total bondable revenues.
MR. ISACKSON: Yeah. We're -- sir; we're about 9.4 right now.
COMMISSIONER COYLE: So we're well below the maximum
that we are permitted to go as far as debt-service payments are
concerned. As a matter of fact, our total debt is substantially less than
a single year's revenues.
Now, how many people in the audience or listening can say that
about their mortgage on their house?
COMMISSIONER HILLER: I can.
COMMISSIONER COYLE: Not many people can; not many
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February 25, 2014
people can. But, nevertheless, I just -- I would agree with you to the
extent that we should pay it down on our normal schedule. We have
relatively low interest debt; interest rates are going to be going up.
We might wish to, or the new board that I won't be part of will maybe
like to figure out ways to finance some of these capital improvements,
and they would have the option, then, of doing that. But, nevertheless
MR. ISACKSON: I think what -- I'm not going to put words in
Commissioner Hiller's mouth, but I think what she's saying is we did
this in Forest Lakes where we took -- we took revenue, tax dollars,
within that MSTU and buried it in the debt service fund.
You could do that. You could bury a bunch of money sitting in
299, which is where most of all of your debt is paid out of and buried
in there and build up until you get to a point where you could early
defease some of that debt. I mean, that's possible; you could do that.
I'm just cautioning that that may not be your approach.
You know, we're sitting here not knowing what our taxable
value's going to do. I'm guessing right now. It's an educated guess,
but it's a flier at this point in time.
I think we're going to be pretty good. I would just -- I wouldn't
want to lock us in, I guess, right now until we see what the number is,
and then we can come back to you in a workshop setting with some
reasonable recommendations as to what to do if that comes above the
planning threshold, and you guys can make some decisions during
your workshop in regard to that. That would be my preference.
CHAIRMAN HENNING: Commissioner Hiller, and then
Commissioner Nance.
COMMISSIONER HILLER: Yeah. It's not early defeasance.
The issue, again, is we have outstanding debt that we are on a path to
retire. We have underfunded reserves, and we have an underfunded
reserve for the repair and replacement of our infrastructure.
You know, to the extent that we decide to do anything, the first is
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February 25, 2014
setting aside the funds for repairs and replacements and making those
repairs and replacements that we have deferred that we are still -- in
this upcoming budget when you provide us the detail, maybe we
haven't even considered doing because we didn't have that revenue, so
we would basically move certain projects forward.
Again, secondly, you know, if the decision is made not to defease
debt early because maybe we anticipate rates are going to increase and
it serves us well to, you know, move along the timing schedule that we
are, you know, proposing, then so be it. But that is, you know,
constantly a question for evaluation, and we directed staff to go back
to our financial consultants to evaluate how we should defease debt to,
you know, optimize our cost of capital.
And then, again, finally, with the reserves; we have to have
adequate reserves. Our General Fund reserves are underfunded at this
point. We're at about, I think, 26 or 27 million. We should be at
about 35 million, as an example.
So, you know, again, till we have to have financial security, we
have to be fiscally conservative. The intent is not to use any excess to
engage in any sort of waste. It is to promote a very fiscally
conservative policy to promote financial soundness so that if we ever
go through another economic crisis again, we will be able to readily
weather the storm because we will be optimally leveraged, we will
have optimal cash flows, and we will have adequate reserves to deal
with contingencies.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Yes. I don't want to spend too
much more time talking about this. I think pretty much everything
that's been said is fairly valid.
I believe that where to apply additional funds that we may have
is strictly a business decision. We know we have debt, we know we
have a payback program for paying back that debt, and we know we
have capital assets that need management and replacement, and it's
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February 25, 2014
strictly a business decision. It's a calculated cost. We should spend
our money as wise as we should, and it's not something that we can't
get our head around. We just have to make it a point to do so, so --
CHAIRMAN HENNING: Okay. There's a motion by
Commissioner Hiller. Who did the second?
COMMISSIONER FIALA: I did.
CHAIRMAN HENNING: Commissioner Fiala seconded the
motion.
Any more discussion on the motion?
(No response.)
CHAIRMAN HENNING: Seeing none, all in favor, signify by
saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Aye. Motion carries 3-2,
Commissioner Coyle and Commissioner Henning dissenting.
We have a time-certain on the clerk's item at 10: 15. Why don't
we take a 15-minute break, and then I think the --
COMMISSIONER HILLER: Can I make an announcement?
There are gluten-free brownies in the kitchen. Anyone in the
audience, if you want any, just let me know; I'll deliver.
COMMISSIONER NANCE: Do we have an ingredient list on
what those are made out of?
COMMISSIONER FIALA: Yeah, I was wondering the same
thing.
(A brief recess was had.)
MR. OCHS: Mr. Chairman, you have a live mike.
CHAIRMAN HENNING: Okay. We have a time-certain on
13B (sic).
Page 46
February 25, 2014
Item #13A
PRESENTATION BY THE CLERK OF THE CIRCUIT COURT'S
OFFICE REGARDING AUDIT REPORT 2014-3 COLLIER
COUNTY AIRPORT AUTHORITY — CAMPGROUND (RV
PARK) - PRESENTED & DISCUSSED
MR. OCHS: 13A, sir, followed by 13B and 13C. 13A is a
presentation by the Clerk of the Circuit Court's office regarding Audit
Report No. 2014-3, the Collier County Airport Authority campground
RV Park.
CHAIRMAN HENNING: And, Megan, you're going to present?
MS. GAILLARD: Yes, sir. Are you ready?
CHAIRMAN HENNING: Yeah.
MS. GAILLARD: Good morning. For the record, Megan
Gaillard from the Clerk of Court's office, Internal Audit Department.
Our department completed an audit of the airports. We have
three separate reports. The first one is the campground and RV park.
It was the grant award from the EDA and the FDOT along with a
county match in 2000. Approximately 1 .1 million was funded by the
EDA, which is the area we reviewed for the campground.
The construction was initially estimated to be completed in 2002.
It didn't finish in time, and a time extension was provided until 2003.
Then when the third time extension was submitted to the EDA, they
declined, and they recommended termination for convenience;
however, 100 percent of the grant funding was received from the
project, so all grants, assurances, and special provisions appear to still
have applied.
The county's currently working with the EDA to resolve the
issues and have been in contact.
The closeout documentation that was submitted was
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February 25, 2014
approximately 90 percent complete for the campground. The areas
remaining included the bathhouse.
In 2005 to 2006, once the project was completed, as soon as the
bathhouse was put in with a county fund match, it began to be
dismantled, and there was little to no documentation to support, and it
lacked the approval of the grantor agency.
We have pictures to walk you through the time period and how it
went. In 2004, the RV Park was substantially completed. The RV
pads were installed. There was an area where you can see the dirt,
which is where the bathhouse was going to be placed.
In 2005, the bathhouse was fully completed, completed with the
county match, and the RV park was, for the most part, done. It still
needed electrical work and water.
In 2006, the campground started to be dismantled with the
exterior pads removed.
By 2007 everything was removed, and the bathhouse had been
moved from one location to the air side over by the drag strip, which
will be addressed in more detail in the second report.
It's unclear as to what remains underground, so the department is
looking to complete studies to determine that so that they can allocate
amounts with the grantor agency for what's still there as an asset.
In 2008, there's no campground.
Between 2009 and 2013, there are substantially no changes to the
outside.
In 2012, when we completed site work, the campground has been
overgrown, and part of the road has grass over it.
The campground cost approximately $340,000 to complete from
all funding sources, with about 240,000 being from the EDA grant.
As a result of it, the EDA has the opportunity to resolve a portion of it
and only take back a portion of it, provide a waiver, or they could
potentially come back for the entire funded amount of 1 .1 million.
We're suggesting that the department continue to work with the
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February 25, 2014
EDA to resolve the issue and begin complying with the different
requirements.
The campground, from the time it was installed, was required
under the assurances to be maintained for 20 years. It was destroyed
as soon as it was complete. So from today's date, at least 10 years
would still remain for the compliance to give the period.
Does anybody have questions?
CHAIRMAN HENNING: Questions, comments? Commissioner
Nance, is your light on from before?
Commissioner Hiller?
COMMISSIONER NANCE: I have no comments, sir.
COMMISSIONER HILLER: Why? Why did this happen, and
how could it have happened?
MS. GAILLARD: It appears different people had different
opinions of what should occur with the airport and different plans, and
they changed and evolved over time. There's no clear reason for why
in the documents or the records that were reviewed.
CHAIRMAN HENNING: So with respect to the liability that we
have, the potential exposure is over a million dollars?
MS. GAILLARD: Yes.
COMMISSIONER HILLER: And would that have to be paid
back in cash, or is that something that would be an offset against
future awards coming to us, if any are? I'm not sure if any are.
MS. GAILLARD: It would be up to the grantor agency.
COMMISSIONER HILLER: And what -- have you spoken to
them to find out what their position is on that?
MS. GAILLARD: The clerk's office isn't sorting it out with
them. The department is.
COMMISSIONER HILLER: Is the -- County Attorney, have
you any indication of how they want to be repaid?
MR. KLATZKOW: I am not in receipt of any claim.
COMMISSIONER HILLER: Has there been any discussion of
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February 25, 2014
their intent to make a claim?
MR. KLATZKOW: I'm not going to be the one who asks them
for it.
COMMISSIONER HILLER: No, I understand. I'm just asking,
have they approached us and suggested anything about making a
claim?
MR. KLATZKOW: I have not had one word from them.
COMMISSIONER HILLER: Not a word. Has the department --
Leo, has the department received any word --
MR. OCHS: I'm going to --
COMMISSIONER HILLER: -- with respect to a claim?
MR. OCHS: I'm going to ask staff to address that, ma'am.
MS. KEARNS: Good morning, Commissioner.
COMMISSIONER HILLER: Good morning.
MS. KEARNS: Alison Kearns from the Growth Management
Division, Financial and Operations Support Manager.
CHAIRMAN HENNING: A little closer to the mic, please.
MS. KEARNS: Sure.
COMMISSIONER HILLER: We can't hear.
MS. KEARNS: I've actually spoken to the project manager from
the EDA, and he indicated they'd be interested in the growth
management division doing a study to see what is left of the actual
assets that were constructed during this project.
They didn't indicate that anything remaining would have to be
paid back. They were more interested in why the asset was destroyed,
meaning the campground, at this time. It's likely that they would want
some proportionate amount of the grant funding back for any assets
that were destroyed --
COMMISSIONER HILLER: So in cash?
MS. KEARNS: -- or not remaining today.
COMMISSIONER HILLER: And what is the value of what's
remaining today?
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February 25, 2014
MS. KEARNS: It's actually a very large amount, we think.
We're going to work on a study, as Megan had indicated, to figure out
exactly what's left. But it's very unlikely that any of the underground
improvements were destroyed at a later date. It's likely to be just the
campground at this time.
COMMISSIONER HILLER: So -- and what about that
bathhouse or bathroom that was relocated; is that considered, even
though it's not on the property, an existing asset?
MS. KEARNS: It is, but we would still want to vet that with the
EDA. They're aware that it was moved. They never received any
documentation from the airport requesting the movement. But since it
still exists, at least it shouldn't pose any financial liability to us. They
may request it to be moved back to the original location, but we still
have to determine all of that.
COMMISSIONER HILLER: So what's important in all of this,
Leo, is in developing the budget for this new year that we have, you
know, some contingency funding set aside to potentially repay --
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: -- what has been destroyed.
MS. KEARNS: And to that point, we're hoping to have this
study done very quickly. Now that the audit is public, we're going to
go forward with a work order to figure out exactly what's left so that
we can potentially discuss any exposure with the EDA directly and
provide you an update.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I was just wondering, do we
know why they wanted to build it in the first place? Did -- was there a
businessman out there in that area who wanted to build a campground
and so then the airport authority applied for the grant? And was this
businessperson then going to use it but then decided against it? Do we
know any of that background or anything?
MS. GAILLARD: Megan Gaillard, for the record.
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February 25, 2014
At the time, it was between '99 and 2002 when the different
grants had gone forward. It appears the director at the time was trying
to enhance recreational elements of the airport to complement
different activities.
The campground would have complemented the drag strip. The
drag strip had been there since 1999.
COMMISSIONER HILLER: Oh, so this was part of a --
COMMISSIONER FIALA: So that would have been John Drury
there.
MS. GAILLARD: Yes, ma'am.
COMMISSIONER FIALA: Okay.
MS. GAILLARD: And then the future decided that they didn't
have the same idea and share the same opinions that he did, and they
made changes.
COMMISSIONER FIALA: I see. Okay, thank you.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yeah, the other thing to be aware
of is that there were six airport managers or supervisors involved in
this over this period of time. It's no surprise to any of us that a lot of
these decisions that were made were not approved by the Board of
County Commissioners in most cases, because the airport authority
was a separate authority. Certainly, appointed by us, but they were
making decisions that we thought were inappropriate, and for that
reason we abolished the authority and took over the responsibility
later on.
So these problems which happened 14, 15 years ago are certainly
no surprise to me, and we've heard them talked about by the clerk in
the past. And it certainly is important that we get it straightened out.
And if we owe people money, we ought to pay them. It's that simple.
But that is the reason that the Board of County Commissioners
reached the decision to take over the operation of the airport ourselves
rather than leaving it under the airport authority and, secondly, to try
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February 25, 2014
to get a professional manager to provide continuity of effective
management. Seven directors over a period of 14 years is really
ridiculous.
CHAIRMAN HENNING: Okay. I don't see any further
questions, Megan.
Do you have another audit report you want to present?
MS. GAILLARD: Yes, sir, we have two. We'd also like to
thank the county for working to address and work very well with the
Clerk's Office to resolve the issues that we've identified through the
audits and their swift responses.
Item #13B
PRESENTATION BY THE CLERK OF THE CIRCUIT COURT'S
OFFICE REGARDING AUDIT REPORT 2014-4 COLLIER
COUNTY AIRPORT AUTHORITY — DRAG STRIP AND GO
CART TRACK - PRESENTED & DISCUSSED
MS. GAILLARD: The second audit is from the drag strip and
go-cart track at the Immokalee Regional Airport. The first picture is an
overview so everyone can see the area and get a feel for it.
The runway that has the yellow line is the closed runway at the
airport. Everything to the left of that runway in zoning is the airport
tract and everything to the right is the industrial tract, which have
different requirements and allowed uses.
Where the go-cart track is on the left side of the runway is an
ineligible activity. We've recommended that the county work to
obtain a determination letter for comparable use.
There's also other operations within the area for the drag strip
that they're completing on that side of the airport that doesn't appear to
be within zoning.
The drag strip opened in 2000 -- in 1999. The FAA addressed
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February 25, 2014
concerns regarding it in 2010. One of the concerns was that the lease
wasn't at fair market value, which violates the FAA grant assurances.
The picture on the screen is how the lease was originally lowered
by the director of the time. It was a handwritten note that cut the lease
in half, well below fair market value.
In 2011, the executive director increased it, still remaining
slightly under fair market value for the portion of the land that was
under the lease, and the FAA signed off and approved that.
One of the issues with that is is the lease doesn't cover all the
land that's being used. The actual operations well exceed the 1,500 by
250-foot area.
That's the -- this is the operational area. Operations extend from
fence line to fence line, which is where the closed runway starts all the
way through where it ends.
Based on the images, measurements show that both to the east
and the west of the runway is operations out of the lease area, and
north and south on both sides of the runway as well.
From our fieldwork in 2014 in January, we have pictures from
the drag strip, just to show everybody what it is in case you haven't
been out there.
So we have the bleachers that are off to the side, which were a
requirement of the IHRA Racing Association and part of the lease,
and the beginning of the drag strip starting line.
For the history of the runway, services were added and different
structures were built without permits approval or FAA "no objection,"
which is their version of consent.
In 2005, this is the end of the runway, the north side where it
shows there's been no construction.
In 2006, a go-cart track was built.
2007, the go-cart track's fully operational, and races began either
the end of 2006 or the beginning of 2007.
In 2008, construction was added for a pit area without permitting,
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February 25, 2014
and it's on the airport tract side, which doesn't allow for that type of
structure without FAA consent. It violates the requirements and
assurances.
These are pictures from the go track (sic) area for the structures
that have been built.
From 2009 through current, there were some bends added to the
go-cart track in the center but no significant other changes, and it's
been fully operational.
This entire area does -- is not under lease. It's been subleased by
the tenant with the operational area, so the county's received no
leasing revenues from this piece of property.
There's no insurance under the County Commissioners to protect
from liability if anything happens at the go-cart track.
So on the drag strip operations they've subleased to have go-cart
operations. For their large events, they have additional activities that
have not been addressed or reviewed -- incorporated into the lease yet.
The department's been working to complete that.
One of the drag strips -- they've constructed a two-story building
right next to the runway for where operations are for the beginning of
the drag strip. They've allowed visitors to stay overnight on the
property in self-contained motor homes. The zoning only allows for
this in the campground area, but the campground area's been
destroyed.
So on the west side of the runway, the motor homes are outside
of the operational lease area covered under the lease, and they run the
entire length from the beginning of the operational area almost to the
go-cart track for the events. The use is outside of the lease, and it's not
an insured use.
During the events they have nitrous sales, which isn't addressed
in their lease. They sell parts and tires. They have event photography.
The insurance covers operations for the drag strip, but it excludes
operations that aren't within that entity. So the go-cart track isn't
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February 25, 2014
covered under their insurance even though they're subleasing land
that's not theirs to sublease.
The bathhouse from the campground was moved to the drag strip
as a permanent structure. It hasn't received the proper permitting or
septic permits. So there's environmental concerns. The department's
working to resolve those through the county processes.
The EDA wasn't notified of the moving of the asset, so the EDA,
in conjunction with the campground, is being contacted to determine
this.
Originally, when the grants had occurred, the bathhouse, which
was approximately a value of $96,000, wasn't allowed to be permitted
on this side because it was a permanent building and the drag strip was
only a temporary use. So the county would not issue the permits for
this building, but they moved it there anyways. So the county's
working to resolve that and obtain the proper items.
We're recommending that the county obtain a comparable-use
letter for the zoning on the go-cart track. Potentially they're going to
update the master plan and the airport layout plan. Part of the FAA
letter in 2011 in the "no objection" was that the ALP be updated,
which is the airport layout plan, be updated to include these items, any
construction for the drag strip or operations within the airport layout
plan, which they weren't included in the last update.
So if the operations continue to be allowed by the county, those
maps are going -- those plans are going to need to be updated.
Anytime there's changes, the FAA needs to be notified for the
leases, and they need to be providing consent, especially -- if the
county decides to allow lease of the land for less than fair market
value, that's not an issue so long as the FAA signs off on it and says
it's okay because of the self-sustainability grant assurance.
We're recommending that the county work to make sure all the
tenants have proper insurance coverage, that the leases encompass the
activities that are actually occurring, and the area's actually being
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February 25, 2014
used.
For airside land at the airport, unauthorized access to areas
should not be allowed. It puts security in question.
For the food concessions that are occurring at the events, the
health department needs to be reviewing the operations and providing
permitting as well.
So we're recommending the county go to the health department
with the food concessions for the drag strip events, that the grantor
sign off and approve the relocation of the bathhouse, that the lease be
amended to include all the actual activities at the racetrack, proper
permitting to be obtained for the different activities in the structures,
finances/paperwork to be updated, and in conjunction with the drag
strip for the special events, when we did fieldwork, we did not see a
fire truck and ambulance or any security, so we're recommending that
the county monitor and review that to make sure that there is the --
that the services for safety and security requirements are being
provided.
Does anybody have any questions?
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Yeah. Can you go back to the list
of your recommendations?
MS. GAILLARD: For the county -- as a whole for the future or
for the current?
COMMISSIONER HILLER: Well, all of them. The -- I mean,
you basically have a full list that I would like to make a motion that
we direct the county manager to direct staff to get done. I mean, very
clearly, this is not acceptable, and we have to take whatever remedial
action we can to straighten this all up.
CHAIRMAN HENNING: There's a motion on the floor. Is there
a second to the motion?
COMMISSIONER HILLER: Yeah.
MS. GAILLARD: May I ask you for clarification on that for the
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February 25, 2014
county.
The list in the PowerPoint is a condensed list of
recommendations. The report has additional recommendations that
weren't included in this slide. So which list do you --
COMMISSIONER HILLER: Let me -- I was going to go off of
this, but I want to ask the county manager, because I know how hard
you've been working to clean everything up.
The Clerk's Office has laid out those items that we need to do to
come into legal compliance at multiple levels, at the county level,
through permitting, you know, at the FAA level. I mean, their, you
know, insurance, et cetera, et cetera. How would you like to deal with
this? I mean, would you like us to just direct that you, you know,
basically get these things done?
MR. OCHS: Commissioner, we are scheduled to present right
after Megan --
COMMISSIONER HILLER: Okay.
MR. OCHS: -- with our results of this item --
COMMISSIONER HILLER: Oh, have you already done this?
MR. OCHS: Yes. We're in the process of working with the
clerk's office to make sure we meet all of these requirements.
COMMISSIONER HILLER: So do I need to make -- I mean,
just to -- since you have been working together, do I need to make a
motion, or are you already doing it and we can just --
MR. OCHS: Well, you're going to have an opportunity to make
that same motion on the staff item that's going to follow this, which is
our report.
COMMISSIONER HILLER: Would you rather I wait on the
staff item?
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: Okay. So I'll withdraw my
motion, and then I'll just bring it forward again.
MR. OCHS: Thank you.
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February 25, 2014
COMMISSIONER HILLER: And, County Manager, if you
would assist me when it comes time to making that motion for the
appropriate direction --
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: -- to get this cured, I would
appreciate it.
MR. OCHS: Will do.
CHAIRMAN HENNING: Commissioner Coyle, then
Commissioner Nance.
COMMISSIONER COYLE: Actually, since we're going to
address it later on, there's no need for me to comment now except to
say one thing. I would urge the commissioners to be thinking about
what policy decisions we need to make and deliver those decisions to
the county manager.
And just a quick example. We should make a policy decision
about whether or not we are going to allow recreational vehicle use
inside that airport and -- or whether we're going to require them to
locate someplace else. That is a serious potential safety issue.
COMMISSIONER HILLER: Absolutely.
COMMISSIONER COYLE: And so that's a policy issue that we
need to make, and the county manager cannot implement that policy
unless we instruct him to do so.
COMMISSIONER HILLER: You're absolutely right. And when
we get to that -- I think you're absolutely right, Commissioner Coyle.
One of the things that would be beneficial to us as the board is
that you separate, you know, what is ministerial that needs to be cured
versus what is policy that we need to address and give you guidance
on.
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: And that way we could make the
appropriate decisions.
CHAIRMAN HENNING: Commissioner Nance?
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February 25, 2014
COMMISSIONER NANCE: Yes. I -- as I stated, I think, in the
last meeting when we had another related agenda item, I think that it's
been very clear for some time that the county manager has been
engaging staff and working on issues.
I don't think a lot of the -- I think there's a lot of good information
here that staff needs to be allowed to review in detail and that we need
to allow staff a little bit of latitude to go out, assess the situation, and
come back to us as where they think they really are in its entirety, and
then I think we can start addressing something.
I think we'd be -- it would be -- we'd be getting ahead of
ourselves if we started giving staff a lot of direction, per se, at that
instant as to how to fix it and what to fix. I think we'd be
micromanaging it once again.
I think we need to let the county manager agent to assess these
things, take all this information into account, and I think we need to
listen to what Mr. Casalanguida's going to prevent (sic) in the
follow-up agenda item before we start taking action. That's just my
recommendation.
CHAIRMAN HENNING: Okay.
MS. GAILLARD: We have reviewed this with the department.
We initially reviewed this report in the middle of January. We
initially brought the concerns to the department for them to
immediately review, which they have, in the very beginning of
January and the end of December.
We've gone through the work papers. We've had conferences.
They've responded to the report. They've seen every slide that we have
in this presentation before we came here. And we're willing to
provide them any copies of any of the records or meet with them
again, if that's what's needed to resolve this.
CHAIRMAN HENNING: Are you complete with this one?
MS. GAILLARD: As long as you guys have no more questions.
CHAIRMAN HENNING: No, there's no more questions.
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February 25, 2014
Item #13C
PRESENTATION BY THE CLERK OF THE CIRCUIT COURT'S
OFFICE REGARDING AUDIT REPORT 2014-5 COLLIER
COUNTY AIRPORT AUTHORITY — USDA GRANT — POWDER
COATING SYSTEM - PRESENTED & DISCUSSED
MS. GAILLARD: The third airport audit is the USDA grant,
which was a request from you as well as part of our audit plan.
The USDA grant was in conjunction with the CDBG grant to
fund the construction of a building and powder coating equipment for
inside the building. The building that we're referencing we
highlighted on the map. It's the Incubator No. 2, and it was built in
approximately 2003 -- 2002 to 2003.
The USDA's grant was $250,000 to provide the primary
equipment necessary for a powder coating system.
The county which -- the airport authority at the time required the
tenant who was moving in to pay approximately $100,000 in
secondary equipment that you needed in order to make the powder
coating system work.
So if you only had the primary or you only had the secondary,
you couldn't make it work as a powder coating system.
The initial portion was completed with the use of the funds. The
tenant who was responsible for the secondary purchase defaulted on
their requirements, which was part of their participating party
agreement under the CDBG grant and their certifications to the USDA
saying that they were going to be moving into the building, putting the
county in violation.
When the system wasn't fully completed, the airport authority
found another tenant to move into the building and take the place of
the first tenant, who remains a tenant of the airport today.
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February 25, 2014
And the system was going to be converted. So in addition to
approximately $163,000 paid for the powder coating system that was
never completed, the county then paid another $37,000 to convert the
powder coating equipment into a wet system for painting.
We have a couple pictures from the fieldwork we completed, the
batch oven, which is used and in the building now. It's used by the
current tenant. Part of the equipment was removed from the location in
the building and moved to a hangar in storage and is -- for the most
part appears to be perfectly brand new and never used.
This is one of the machines. Boxes with the powder coating
guns, the hoppers, and an electrical panel.
The grantor approval was never obtained for the change in use,
which was a requirement under their letter, putting the entire $250,000
in jeopardy.
The current tenant is still in the building and using the system,
but there are issues with that tenant's lease.
The relocated portion of the equipment was never updated in the
financial paperwork, which is a requirement of statute. When systems
are purchased, they're supposed to have itemized lists of what goes
into that system as a totality.
So if you have 10 pieces of equipment, there should be a list of
all 10 pieces, which is what makes up that lump sum, which there only
is a lump sum total, which is the approximately 163,000.
It can't be determined which piece of equipment has which value.
It can't be determined which pieces of equipment are going to
potentially be disposed, kept, storage. And without having that, it's
very difficult to address the items on record.
So the county needs to update the records to meet the statute
requirements.
In addition to the review of the powder coating system, we also
reviewed the lease. The lease is expired. It's been expired since 2007,
so the current tenant has no lease. The lease at the time did not
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February 25, 2014
include a month-to-month provision.
The rent is not at fair market value, which is a violation of the
FAA grant assurances for self-sustainability.
Late payments and payment penalty fees have not been charged
to the tenant for being delinquent on the payments.
We're suggesting that the county go to the USDA and ask for a
waiver or refund the money up to the $250,000, complete the updated
paperwork as required by statute and provided for finance.
We're also recommending review of the CDBG grant. It had
requirements for job creation from the original tenant which would
have passed to the new tenant in the building. If they're behind in
rent, we have concerns that they might not have met the requirements,
and there was also program income requirements that should be
reviewed.
They were outside of our scope, so we did not review them. And
I know the county's worked on it to some level already. They can
answer that better. And we're recommending that all the leases in the
Immokalee airport be reviewed for legality and requirements.
CHAIRMAN HENNING: The board gave that direction quite a
while ago, so the staff is doing that.
MS. GAILLARD: We brought this one up to county in May of
2013. That was the original time we mentioned this, because we knew
it was important for it to be reviewed immediately and not wait. So
we did address it almost 10 months ago. So this is just the final report
as a presentation for the totality of the effects of it.
CHAIRMAN HENNING: Okay.
COMMISSIONER HILLER: And staff is going to be addressing
all of this in its presentation as well. So you, again, have been working
together --
MR. OCHS: Yes.
COMMISSIONER HILLER: -- to address these issues --
MR. OCHS: Yes.
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February 25, 2014
COMMISSIONER HILLER: -- and cure them?
CHAIRMAN HENNING: Yes. And I believe staff-- the county
manager's going to bring a discussion up about tenants, and I think
that's all going to decide what we're going to do with the equipment,
because we might be seeking a new tenant that might need a powder
coating system instead of a wet system, so --
MS. KINZEL: And, Commissioner Henning, I do want to just
put on the record we've been working very closely with grant staff,
with growth management. When these issues came up, a lot of them
were very critical. And while we were working on the audit report
and the audit presentation, we did not want to delay in some of the
major issues, i.e., the insurance and some of the leases, and we've been
working with Leo's staff consistently on those issues during our audit
process, so --
COMMISSIONER HILLER: That's good.
CHAIRMAN HENNING: Okay. Anything else, Megan?
MS. GAILLARD: I'm done. We'd like to thank the county for
all their help in the immediate addressing of everything.
CHAIRMAN HENNING: Thank you.
COMMISSIONER HILLER: Thank you.
COMMISSIONER COYLE: Mr. Chairman?
CHAIRMAN HENNING: Yes. Please, go ahead.
COMMISSIONER COYLE: Excellent presentation, Megan.
MS. GAILLARD: Thank you.
COMMISSIONER COYLE: It was factual, to the point, very
concise. Appreciate that. It's a good audit.
MS. GAILLARD: Thank you.
CHAIRMAN HENNING: You made her smile.
Item #11B
THE BOARD OF COUNTY COMMISSIONERS, IN ITS
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February 25, 2014
CAPACITY AS THE COLLIER COUNTY AIRPORT
AUTHORITY, ACCEPT STAFF'S AIRPORT LEASE REPORT
AND DIRECT THE COUNTY ATTORNEY AND COUNTY
MANAGER TO WORK WITH THE TENANTS OF THE
AIRPORT AUTHORITY TO ACHIEVE COMPLIANCE AS
OUTLINED IN THE REPORT'S TENTATIVE COMPLIANCE
SCHEDULE - MOTION FOR THE COUNTY MANAGER AND
STAFF TO WORK WITH TENANTS ON BETTER USED
PRACTICES, SECURITY, CODE ENFORCEMENT AND LEASES
— APPROVED
MR. OCHS: Mr. Chairman, if we may then proceed with Item
11B which was scheduled to be heard immediately after the audit
presentations. That is a recommendation that the board, in its capacity
as the airport authority, accept staffs airport lease report and direct the
county attorney and county manager to work with the tenants at the
airport authority to achieve compliance as outlined in the report's
tentative compliance schedule.
And Gene Shue, your Transportation Operations Support
Director, will present, along with Nick Casalanguida.
MR. CASALANGUIDA: Thank you, sir. Just to do an
introduction to Mr. Shue and give you a little background.
County Manager brought us in and just said, staff, I need you to
assume the risk -- assess the risks right away, make sure that we take
care of that first and foremost. It's more of a property-management
issue than anything else.
Gene's got quite a bit of experience -- and he's an accountant -- in
working with all of the county manager's agency's teams, which is
finance and risk management, as well as real property. I don't think it
could have been done without everybody putting some time together.
That's --
COMMISSIONER HILLER: Could you speak into the mike,
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February 25, 2014
please.
MR. CASALANGUIDA: Yes, ma'am.
That said, this is Gene's first time in front of the board. I've
asked him to give a concise presentation and let you folks know what
he's gone through.
CHAIRMAN HENNING: Pick your mike up.
MR. CASALANGUIDA: It's not picking up?
COMMISSIONER HILLER: I don't know. I don't -- is it on?
MR. OCHS: Yes.
MR. CASALANGUIDA: Maybe it's a little farther away.
CHAIRMAN HENNING: You're fine.
MS. GAILLARD: I'm shorter than you.
MR. CASALANGUIDA: That's what it is.
We've all worked together. I'll let Gene take you through it, and
both Commissioners who made comments on policy, you're correct;
we're going to need some guidance at the end of this in terms of how
we take this thing forward. But our intent is to bring you back options
with each one of these leases and let you decide on a case-by-case
basis based on what you hear.
Gene?
MR. SHUE: Good morning, Commissioners. For the record,
Gene Shue, Operations Director, Growth Management Division.
As Nick said, it's my first time before you folks, and I look
forward to the opportunity to work with you to try to clean some of
this up.
My background: I previously was in external audit and then
internal audit so, you know, I look forward to working with the audit
staff, and it's been a very cooperative relationship.
Back in October, the board directed staff to review each of the
leases at the airports. GMD, with the help of many agent-wide
partners, from Tim Durham in the County Manager's Office to real
property, the folks in insurance, a wide variety of folks have helped us
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February 25, 2014
conduct that review, the results of which are summarized in the report
before you.
I don't intend on going point by point through that report -- we
can address questions should they come up, and I know a number
were raised by Megan -- but, instead, I wanted to highlight a couple
things. One is Exhibit C within the report is a listing of the 97
agreements that we reviewed and the summary of results of that
review.
COMMISSIONER HILLER: Can you put that on the overhead,
please?
MR. OCHS: Yeah.
MR. DURHAM: Troy, can you put that up? 11B.
MR. MILLER: It's just the executive summary?
MR. OCHS: Exhibit C.
MR. DURHAM: Exhibit C.
MR. SHUE: And, again, I'll make a few comments about it, and
if there are questions we can get details.
But the main thing I wanted to point out is that we assigned a
status level to each of those 97 agreements that we reviewed. Level 3,
or L3, as designated in the exhibit, were those agreements that had
significant issues, the kind of things that Megan pointed out at the
racetrack. We had other cases of delinquent rent, expired leases,
unexecuted amendments, significant things like that. There were eight
Level 3 agreement designations.
L2 were less significant issues, primarily insufficient insurance
documentation on file. Again, we're classifying that as Level 2,
because at least so far what we've seen is more a situation where the
documentation isn't on file, not that the insurance isn't in force.
Now, there are cases, again, like the drag strip, where there was
no sufficient insurance. And, by the way, that has been addressed.
There now is an insurance policy for the go-cart operations and the
various other things that we needed to cover there.
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February 25, 2014
So, again, in Level 2, we had 46 of those leases. I think 41 of the
46 was insurance issues. Then there was other miscellaneous things.
The other 43 leases were designated Level 1, that no issues were
noted.
The other thing I wanted to point out is the structure of the report
before you. We go through each problem area that we identified, and
we listed the corrective actions to be taken. We also listed a timeline
that we believe is reasonable to implement those corrective actions
and a status.
Note that virtually -- well, that probably 95 percent of the items
listed there, the corrective actions, are already being worked on. Some
for weeks, some for months. There's a few things we haven't gotten
around to. It's a matter of priorities and resources available.
But we'd been working on these things as they've been identified,
things like the insurance. Virtually every tenant that we didn't have
insurance on has been contacted. I see every day coming through my
email the various certificates coming through. So I expect to have that
wrapped up within a month.
There are other significant things that we're working on. The
kind of things that lead to an L3 designation, some of the situations
where we've had significantly delinquent rent, we've had meetings
with the tenants, we've tried to work with them to identify a
reasonable payment plan that we would then bring back to the board
for your approval and to give us guidance as to how to proceed with
this.
Again, we've approached it from the standpoint of trying to work
with these folks to get the issues that we've identified and the issues
that the auditors have identified resolved.
As you heard from Megan -- and I can tell you firsthand, I know
they put a lot of work into this, we put a lot of work into it, but the real
challenge and the real opportunity is finding the solutions and
implementing these corrective actions.
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February 25, 2014
And that's primarily what we're focused on. And the primary
purpose for bringing this item to you folks, from my perspective, is to
ask for your support and guidance in implementing these corrective
actions.
Again, I wasn't going to go into detailed items, but I'd be happy
to entertain questions.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Yeah. I mean, this is very basic.
These are very basic management issues. I don't see the complexity in
coming up with the solution. I mean, this shouldn't have been in the
state it was in.
I mean, we have, you know, centralized insurance processing in
the county. We, as a board, already have addressed that, and we
addressed it a long time ago where we said, you know, let's get all the
insurance for all the leases we have administered through risk with
respect to collection of rents. I mean, we have a real estate division.
Get the administration of the, you know, rent collections and, you
know, lease compliance under real estate.
So I'm not really sure that it is a difficult issue. The concern I
have is that, you know, you've got a lot to clean up here. And I think
the county manager would be well served to come back to us with the
recommendation of, you know, how to manage these numerous lease
agreements we have out there, you know, applying the
recommendations that we have already provided during earlier
meetings.
I'm just curious, going back, what -- when you took this over,
what was the total arrearages? How many clients were in arrears and
-- or how many tenants were in arrears, and what was the total dollar
amount?
MR. SHUE: We had a total of, I think it was three agreements
that were in arrearage, two of which was with one tenant.
COMMISSIONER HILLER: Okay.
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February 25, 2014
MR. SHUE: I just had conversations in the last week and a
follow-up conversation yesterday. I think the one that was furthest in
arrearage, they'll be paying 90 percent of that by Friday. The
remaining --
COMMISSIONER HILLER: How much was in arrears?
MR. SHUE: They were, with penalties and interest -- which,
again, was one of the issues that we ran into -- we really hadn't been
calculating or putting on their account the penalties and interest.
COMMISSIONER HILLER: Okay.
MR. SHUE: When I went through and calculated that by going
through the history of payments, it came to about $70,000; 54- in --
COMMISSIONER HILLER: One tenant?
MR. SHUE: For one tenant. Fifty-four in rent, 16- in penalties
and interest. The 54- they'll pay this week.
COMMISSIONER HILLER: Okay.
MR. SHUE: The 16- in penalties and interest they've asked for a
little more time, and they've also asked for possible concessions on the
interest side. We're going to evaluate their proposal, and we'll come
back to you guys with a recommendation, and you can give us
direction.
The other one -- I'm supposed to get something in writing. We
had conversations with them last Wednesday. And, again, they are
looking at trying to get current within the next six months.
COMMISSIONER HILLER: How long have these leases been
delinquent?
MR. SHUE: The one that's 70,000 --
COMMISSIONER HILLER: I mean, those are like --
MR. SHUE: -- it's been -- I think they're four months behind.
The last payment was received in December, and that was paying, I
believe, October. But that's a case where it's been consistently late.
In working with the tenants, we've tried to establish a cooperative
relationship, and we've had cooperation with them. They -- I think
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February 25, 2014
they needed to know that the county resources are now behind the
airport. They needed to know that going forward there will be a
change in how we do business.
COMMISSIONER HILLER: So in other words --
MR. SHUE: And so far they've been acceptable.
COMMISSIONER HILLER: So in other words, now that you're
basically saying now that it's going to be done professionally and
you're actually going to seek to collect rents timely, that they're
willing to be compliant?
MR. SHUE: Well, as you pointed out -- and the first thing in our
report deals with interagency support.
You know, so you're right, risk management should be involved.
Real property should be involved. But over time, that really wasn't
the case, or at least it wasn't proactively the case. The airport kind of
did their own thing, and asked for help.
COMMISSIONER HILLER: We were spending a lot of money
on management to get that done. I mean, that was the whole intent.
That's why the other agencies weren't involved, or the other divisions
weren't involved. I mean, that -- you know, we were paying a high
ticket.
MR. SHUE: Sure. But, for example, we have real property
working now. They're actually working with Naples Airport looking
at their templates and looking to standardize all of our leases and
working back with the tenants as they come due or, in some cases,
with those that are on 30-day leases to try to bring them up to speed
immediately.
COMMISSIONER HILLER: Yeah. Well, it all makes sense. I
mean, I want to commend Commissioner Henning, because
Commissioner Henning, you know, identified the issue with the leases
going way back, and he was the one who directed staff way back to --
not your staff, Leo, but the airport staff-- to straighten it up. So, yeah,
thank you for the work you're doing to get that done.
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February 25, 2014
MR. SHUE: You're welcome.
CHAIRMAN HENNING: Well, just to give everybody a little
bit of background, when Camden and I were looking at comparable
leases developing Fletcher's lease, we noticed a lot -- there was a lot of
shortfalls in lease compliance. And actually going back, there was a
couple leases that I brought to the board that wasn't being enforced by
the -- by the airport staff.
So at -- and some time, Leo, the airport staff needs to -- once
these are straightened out, they need to be more involved, because
they're on the ground right now. And some of the things that are
happening outside the parameters of the lease are happening today,
and staff should be able to manage that day-to-day stuff.
COMMISSIONER HILLER: Absolutely.
MR. OCHS: Yes, sir.
CHAIRMAN HENNING: So that's my only comment.
Commissioner Nance?
COMMISSIONER NANCE: Yes. I think within the current
structure of the county, with facilities management and grant
assurances, we already have many, many, and probably most of the
best management practices and policies in place. As soon as staff gets
a chance to work through here and find the solutions to these, I think it
is not going to be nearly as onerous a project.
You know, certainly there's a lot of ground to cover here, but I
don't think it's as -- it's a lot of work, but it's not an onerous project.
It's not something that we can't do.
I'm looking very much forward to the time where we have these
sorts of administrative things under control. It's going to be very
necessary for our airport to be a good place to do business. It needs to
be predictable. We need to have good customer service, and we're
going to need to be competitive.
All you have to do to understand that is to take a look at what
Clewiston Airglades is doing. There are partners up there that have
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February 25, 2014
already reached in their pocket and put tens of millions of dollars into
that airport to make it a better facility and to make it competitive, and
they are going to be the people we're going to have to compete against
for these small recreational uses, small businesses, the economic
development elements that we're hoping to add to Immokalee.
If we're going to be able to compete for those, we're going to
have to be able to compete with Airglades. So we're going to need to
look at what their policies are and what their costs are and how they're
servicing their customers if we hope to compete in that arena.
So I look very much forward to getting some more information
from staff. I think we need to appoint them the consideration and
some time to work through this and come back to us with some
recommendations. And I certainly thank them for their proactive
approach to getting together.
We're going to have a meeting -- I'm going to have a meeting.
I'm going to join staff on March the 3rd to meet with the tenants and
discuss, you know, attitudes and management going forward, and I
look forward to assisting you in that capacity.
CHAIRMAN HENNING: Okay. I don't see any further
discussion, so we need to give some direction --
MR. OCHS: Yes, sir.
CHAIRMAN HENNING: -- at this point.
COMMISSIONER HILLER: Leo?
CHAIRMAN HENNING: And I would -- I would throw out
there, you know, allow the county manager's staff to work with the
existing tenants to resolve some of these. Use best-management
practices. If you have better ideas of utilization, please bring that
forward.
COMMISSIONER HILLER: I second that. Is that a motion,
Commissioner Henning?
CHAIRMAN HENNING: Yeah, that's a motion. But one thing
-- and I'm assuming we have a lease with the racetrack. That's an
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February 25, 2014
assumption, so --
MR. CASALANGUIDA: It needs to be amended.
CHAIRMAN HENNING: Pardon me?
MR. CASALANGUIDA: It needs to be amended.
COMMISSIONER HILLER: Can you speak into the mike?
MR. SHUE: Yes. It needs to be amended. Right now it covers
the limited space that Megan pointed out in her slide. And they're
already using more than that, even before you consider the race -- the
go-cart operations. That needs to be amended to, basically, go all the
way to the fence and cover the entire area.
CHAIRMAN HENNING: Okay. Well, some of the board
members were looking at removing that facility. If that's a desire, then
you need to get the county attorney involved in that. Is that still a
desire, knowing that we have a lease?
Commissioner Coyle?
COMMISSIONER COYLE: I wasn't necessarily suggesting that
we remove it, but we certainly should evaluate the cost benefit of
having it there. But I am really concerned about people taking
recreational vehicles and living there for periods of time. I think that
that is -- there are a lot of complications associated with that.
And I'd just like to hear from staff about what -- how they're
going to deal with it. Can you work out security arrangements that
will make it more acceptable, or is it impossible to do that, and should
we just remove that portion of the racetrack function to outside the
facility?
MR. CASALANGUIDA: Commissioner Coyle, thank you.
For the record, Nick Casalanguida.
What Leo asked me to do is get a little bit of guidance and
clarity, because that's one of the things we need to talk about. For the
racetrack operations, for example, there are three phases Gene and I
discussed in approaching this. Phase 1 was immediately getting
insurance in place so that the county's risk was avoided. Two was
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February 25, 2014
while they were going through code compliance -- because we're
going to put code in and use that process to allow them to continue the
use as long as they diligently got building permits for any structures
they put up. We worked with the FAA to do the things that were
necessary to keep them there.
The third phase of that is exactly what you're talking about, bring
back the final recommendation. In other words, do you want to have a
lease with these folks? Because it means land-use changes. It means
them spending money, and I think that cost-to-benefit analysis was
kind of the final stage without shutting them down, because the first
approach, aggressively, is to shut them down, because you are not
zoning compliant, you don't have building inspections. But, typically,
what staff-- has done the past couple of years with people who are
noncompliant is give them time to comply before you, essentially, put
the hammer down, so --
COMMISSIONER COYLE: I'd just tell you that to get onto the
Naples Airport facility -- and it doesn't have commercial air carrier
operations there. It is mostly a private airport -- there are very serious
security issues. I have to go in and get recertified every two years, if I
remember correctly, and get a new tag for the vehicle. People have to
be trained before they're allowed to drive into the facility.
There are a lot of security concerns about just letting people
wander in and out of the airport secure area. And I don't -- I really
don't know of another facility around who permits that sort of thing.
And I fly into a lot of airports. So I just don't --
CHAIRMAN HENNING: Sebring?
COMMISSIONER COYLE: No, 1 haven't been to Sebring; I
really haven't. But the ones that I have flown into, I've never seen
anything like that. I really haven't.
MR. CASALANGUIDA: Commissioners, for your information,
the county manager did direct us to meet with Mr. Soliday. And a
couple of things we're doing is we're actually working with Ted
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February 25, 2014
Soliday in the Naples Airport to consider things like rotating
management through, our staff through his airport, his staff through
our airport, and learning best-management practices from what he
does.
One of the proposals Leo's asked us to evaluate is a lease
management kind of arrangement with him where, financially, we'd
still manage our leases but him having the group in place that does
airport-type leases, that maybe we could sub some of that out to him.
So I think all the ideas that you're putting in place, we want to
make sure these airports are professionally run and run consistently
with, you know, standards. So I think you're going to get some of that
in these reports that come through.
COMMISSIONER COYLE: Okay.
CHAIRMAN HENNING: Okay. Commissioner Hiller?
COMMISSIONER HILLER: Yeah. I agree with Commissioner
Coyle that the security issue is a very significant one in light of, you
know, what's been presented today through these audits.
I'd like to see a copy of the security plan, and I'd like to ask that
you review it with our security division as well as with the Sheriffs
Office to see, you know, where there are potential deficiencies, where
practices are violating that plan that need to be stopped immediately.
I think Commissioner Coyle's concern is very valid. So if you
could get me that, I'd appreciate it. Thank you.
CHAIRMAN HENNING: One thing I -- observation. A
campground is permitted within the PUD; so is the racetrack. You
have a temporary -- temporary use. According to the report, the audit
report, you have a temporary use of a racetrack; is that correct?
MR. CASALANGUIDA: You have an existing use of a
racetrack in the southern tract.
CHAIRMAN HENNING: What is the temporary use -- you
consider a temporary use?
MR. CASALANGUIDA: Not that it's a temporary use. It's the
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February 25, 2014
go-cart use that's in the next area that's the problematic one where I
think we're going to have to do a strong evaluation of if that's a good
cost-to-benefit use for the county. You know, I think --
CHAIRMAN HENNING: So it's not a -- what are the land-use
issues?
MR. CASALANGUIDA: The land-use issue is that the go-cart
track is in an area that doesn't allow that sort of use.
CHAIRMAN HENNING: Okay.
MR. CASALANGUIDA: In other words, racing. And it's in an
area that you can do it comparable/compatible use. That's done by,
say, the hearing examiner, ratified by the board.
And I don't think staff had a hard time with it other than the
airside portion of that use. So that's where I think we're going to have
to do a real good job of sitting down with Mr. Hester and then
bringing back a presentation to the board and saying -- similar to what
Commissioner Coyle had said -- do you really want to have that
go-cart use there? These are the cost-to-benefits and the risks, and
then -- and give us guidance on that.
But for today, what Leo and I discussed is I just need a little
guidance to say, okay, as long as we have the insurance, we don't want
to come down on these folks too hard right away because we want to
give you an understanding of what's happening and let you make those
decisions. As long as they're diligently pursuing this compliance, that
we'll allow them to continue those uses until you can get all the facts.
CHAIRMAN HENNING: Well, I think there's a lot of latitude
within the motion.
MR. CASALANGUIDA: Thank you.
CHAIRMAN HENNING: Commissioner Hiller, then
Commissioner Fiala.
COMMISSIONER HILLER: Yeah. I think we need to treat this
business no differently than we treat any other business that is not
code compliant or does not have the appropriate, you know, land-use
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February 25, 2014
grant, if you will, zoning or otherwise.
So, I mean, treating them in a manner just like we treat everyone
else and not favoring them in any way is the appropriate way to
handle the situation.
MR. CASALANGUIDA: Very good.
CHAIRMAN HENNING: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Thank you.
Upon learning from this audit that the go -- that the racetrack has
been collecting money from the go-cart track for years. We never saw
the benefit of it.
What kind of-- how are you going to handle that as far as their
intake of money and our no-money situation?
MR. CASALANGUIDA: Well, you know, the go-cart and
racetrack have also said they allow the Sheriffs Office and fire to train
out their -- which is an interesting proposal that -- how often they take
advantage of it.
COMMISSIONER FIALA: How often do they race go-carts, the
Sheriffs Office?
MR. CASALANGUIDA: No. Well, they do do training out
there. They have used it. We've checked with them. I think that's one
of the considerations the board's going to have to look at is, this is the
revenue they take in; this is the benefit they give the county. Is that
worth it?
And I think staff will give you recommendations based on what
we see, but that's what they've been doing as practice for the past 10
years or so.
COMMISSIONER FIALA: I'm sorry. You mean the racetrack?
MR. CASALANGUIDA: The racetrack and the go-cart area. So
they do training out there is what I'm told. And we're going to identify
how much training, and that will be one of those variables that doesn't
have a financial amount to it, but it does have some, I guess, benefit to
the board.
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February 25, 2014
COMMISSIONER FIALA: Okay. I would love to see, then,
what the Sheriffs Office go-carts look like once we hear that they've
been training on them.
COMMISSIONER COYLE: They don't train --
COMMISSIONER HILLER: I love the way you're thinking,
Commissioner Fiala. Very smart.
COMMISSIONER COYLE: They don't train driving the
go-carts. They train deploying the spike strips in front of the drag
racers.
COMMISSIONER HILLER: Oh, my goodness.
CHAIRMAN HENNING: And the drones.
Commissioner Nance?
COMMISSIONER NANCE: Yes. I would just like to let
everybody know, and just for the public that are watching, anybody
that thinks that the current racetrack at Immokalee is a huge generator
of income for anyone doesn't really understand what the activity is.
It's basically a recreational facility that operates fundamentally at a
break-even basis.
Mr. Hester's profession is that he is a professional salesman in the
produce business. He does this because he has a personal interest in it,
and that there's not a lot of money at stake or being made. It's
basically a self-sustaining, break-even sort of an enterprise for people
to go out and recreate on this sort of a sport.
It's not a big booming business that we need to evaluate in that
way. So I think, going forward, everybody's going to understand that
clearly as we get a little bit more information on it.
CHAIRMAN HENNING: Okay.
COMMISSIONER FIALA: Could I make just --
CHAIRMAN HENNING: I think we've beat this up enough.
COMMISSIONER FIALA: -- a little comment on that?
You're right. I can imagine he doesn't make too much money. I
used to go out and watch him all the time. We would all take a hike
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February 25, 2014
out there and pack lunches and everything. Yeah, so it's a good
business. I'm just concerned about the money he was collecting.
COMMISSIONER NANCE: Oh, sure. You know, and I think
that will -- will bear out when we take a look at the costs involved for
everybody. But people need to realize that it is -- I think it's an asset
in our community that does provide something for people to do. It's
very popular out there with a very small but enthusiastic group of
folks. We'll talk about another group of folks like that today a little
later.
But people need to have things in perspective when we talk about
what sort of an entity it is that we're discussing.
CHAIRMAN HENNING: Any further discussion on the
motion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: And opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
We have about 15-minutes before break. There's some folks here
to talk about the public PSA.
MR. OCHS: Yes, sir. Would you like to take that one now?
CHAIRMAN HENNING: Yeah. I was trying to get your input
on what the next item should be.
MR. OCHS: I was going to suggest that as well, sir.
CHAIRMAN HENNING: Okay, great.
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February 25, 2014
Item #11E
THE COUNTY MANAGER TO ADVERTISE AN ORDINANCE
CREATING THE EMERGENCY MEDICAL SERVICES
ADVISORY COUNCIL AND SUNSET THE PUBLIC SAFETY
AUTHORITY - MOTION DIRECTING STAFF TO COORDINATE
WORKSHOP BETWEEN THE BCC AND THE PSA FOR
FURTHER DISCUSSION ON THE STRUCTURE AND
JURISDICTION OF THE PSA AND ALTERNATIVE BY WAY OF
OTHER BOARDS — APPROVED
MR. OCHS: And that would be Item 11E on your agenda,
Commissioners. It's a recommendation authorizing the county
manager to advertise an ordinance creating the Emergency Medical
Services Advisory Council and to sunset the Public Safety Authority.
And Ms. Price will make a brief presentation or answer
questions.
CHAIRMAN HENNING: Yeah. Janet Vasey is speaking on
behalf of the committee and would like some latitude on her time
allocation, and I would like to do that unless there's --
COMMISSIONER HILLER: On behalf of the PSA?
CHAIRMAN HENNING: Yes.
COMMISSIONER HILLER: Okay.
CHAIRMAN HENNING: Unless anybody has any objections,
and then we have some other speakers, too. Go ahead, you just want
to --
MS. PRICE: Commissioners, all I really wanted to say is that I
brought back to you an item that I believe is what you directed me to
bring, and we're just going to stand by and wait for your further
direction.
CHAIRMAN HENNING: Okay, thank you.
Let's hear the speakers.
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February 25, 2014
MR. MILLER: Your first speaker is Mike -- geez, Mike --
Murphy, is it? From Marco Island Fire Rescue, and he'll be followed
by April Donahue.
MR. MURPHY: Good morning, Commissioners and also
audience and residents of Collier County.
I've written a little speech. It takes less than three minutes, which
is pretty good for me, and I'll be glad to answer any questions you
might have after saying it.
Today you hear the citizens want transparency in all aspects of
government. The PSA truly represents transparency in that the
citizens can see representatives of all aspects of medical care from the
time they dial 911 to the first responders that show up to all of the
hospital administrations, the emergency room doctors that treat or
admit them or discharge them, and civilians that represent the
consumers.
The PSA was created as a result of a recommendation of leaders
of this community that created a blue ribbon committee, subsequently
adopted by you, who believed that it was critical that the provisions of
pre-hospital care needed a collaborative effort, approach, and
hospitals, doctors, EMS, and first responders needed to be in the same
room dedicated to bettering the care of patients in the field.
The PSA, for the first time in this county's history, brings every
provider representing the 911 operators, paramedics, firefighters,
police officers, hospital ER doctors, hospital administrators, three
civilians into one room for the -- so that the public can attend, speak
to, watch on TV while they discuss issues in the eyes of the public so
that they can determine for themselves answers concerning
pre-hospital and hospital care.
Wow, what a wonderful concept. The primary mission of
government pre-hospital and hospital medical care in the sunshine
with the people that provide it brought to you by your county
government.
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February 25, 2014
You criticize the PSA that they vote in party lines, and I say
they're not afraid to address the issues you send to them and give you
answers and opinions that you may or may not like. Even some of
those questions you sent them ended in split votes by this commission.
In fact, if you look at the votes on some of those issues, that --
you would see this commission voted not in favor of the PSA's
recommendations. You might see that the votes were not on party
lines.
The recommendation for Dr. Panozzo as Assistant Medical
Director and the Big Corkscrew CON are two such examples.
What about the positive things, a forum to openly discuss stroke
care, medical director subcommittee discussing -- and ER physicians
discussing protocols of pre-hospital care, all hospitals talking about
common patient databases and sharing countywide educational EMS
and hospital initiatives?
If you believe the minutes do accurately -- do not accurately
reflect the discussion of these issues, you may want to -- and want a
minority portion (sic) or issues that should be the policy of boards.
Don't shoot the PSA.
If you take the route of the -- and it could be perceived that the
EMS is going backwards and that your appointees will give you the
opinions that you want to hear, what happens when they vote 3-2?
The Collier County Commission --
CHAIRMAN HENNING: Can you wrap it up, please?
MR. MURPHY: Yes, I will.
In the first duty of the current ordinance, it is to work and
improve and enhance pre-hospital emergency care within the Collier
County with thorough study, education, and system wide participation
by the emergency -- or by the response agencies and the local medical
community. This is not in the current ordinance.
The Collier County Commission web page has a mission
statement to deliver high-quality, best-value public service --
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February 25, 2014
CHAIRMAN HENNING: Wrap it up, please.
MR. MURPHY: I'm on the last three sentences -- with guiding
principles of integrity service --
CHAIRMAN HENNING: Your time is up.
MR. MURPHY: -- quality, knowledge, and collaboration.
The PSA is that -- does that in the sunshine, and I suggest that
you take the recommendation of the PSA and conduct a workshop
with that group to discuss the issues of concern.
COMMISSIONER HILLER: Thank you.
MR. MILLER: Your next speaker is April Donahue. She'll be
followed by Janet Vasey.
MS. DONAHUE: Thank you.
Good morning, Chair Henning and Commissioners. I'm
representing the Board of Collier County Medical Society, and they
would like for me to convey that they are open to this concept of the
new committee and are appreciative of being included as a nonvoting
member.
We are looking forward to representing the very broad physician
committee on the committee. And I'm happy to answer any questions
you might have.
CHAIRMAN HENNING: Commissioner Hiller has a question.
COMMISSIONER HILLER: Yeah. Did your board vote to
support this; is that how it was done?
MS. DONAHUE: They have not taken an official motion at a
board meeting, but they have all reviewed it and would like to just say
that they're open to the concept and our, in general, approval of it, but
it's not official at this time.
COMMISSIONER HILLER: But you haven't voted on this.
MS. DONAHUE: Correct.
COMMISSIONER HILLER: And you haven't put this on the
agenda, so you don't have an official position at this point?
MS. DONAHUE: Right, right.
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February 25, 2014
COMMISSIONER HILLER: It's just -- you're taking a pulse and
bringing that pulse forward?
MS. DONAHUE: Yes.
COMMISSIONER HILLER: Thank you. You're very kind.
MR. MILLER: Your next speaker is Janet Vasey. She'll be
followed by Ron Myers.
MS. VASEY: Good morning, Commissioners. For the record,
Janet Vasey. I'm Vice-chair of the Public Safety Authority, and today
I'm speaking for the authority.
I have some comments about your intention to dissolve the PSA.
At our last meeting, the PSA discussed the fact that we clearly are not
meeting your expectations, and we suggested a workshop to better
understand your concerns and determine if there is a way we can meet
your needs.
In our letter we address some of the issues that appear to be of
concern to you.
As you know, the PSA was an outgrowth of the blue ribbon panel
and was designed to incorporate groups of people who have
historically disagreed, bring them together in one organization, and
resolve countywide emergency medical issues through increased
collaboration and coordination. This is the only organization where
leaders and experts from EMS, fire, sheriff, police, hospital
administrators, physicians, paramedics, EMTs, and citizens meet to
discuss pre-hospital medical emergency issues in an open public
forum. We think -- the PSA members think this interaction is
beneficial.
The PSA members do have differing opinions, and some have
their own agendas. But when we debate issues, a wide variety of
perspectives are represented. And regardless of the vote, a wealth of
knowledge and experience is reflected in the dialogue.
In the past, some of you have watched our videotaped meetings
to hear our analysis and discussion before making your decisions. It
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February 25, 2014
appears that we have relied on that method of communication when
we should have prepared written summaries of our positions on the
issues.
At our January 29th meeting, we discussed preparing majority
and minority reports, like the Supreme Court does on its divided
decisions, for the projects you assign us.
The majority report and minority report would summarize the
best arguments and analysis on both sides of the issue.
The PSA has only been in existence a little over a year. With six
regular meetings a year and a couple of special meetings, we are just
beginning to coalesce as a group, but during the short time we have
addressed a variety of issues.
The medical director subcommittee has met frequently to
consider protocol changes and technical medical issues. They
negotiated the EMS transport protocol changes with both hospitals
when Physicians Regional Medical Center was designated a
comprehensive stroke center.
You assigned us several projects during the year, and our
valuations resulted in divided votes. That appears to be of some
concern to you.
Now, these issues were contentious given the positions,
experience, and opinions of our members.
Our vote on recommendations for EMS medical director -- I was
given extra time?
CHAIRMAN HENNING: Yeah.
MS. VASEY: Okay, thank you.
CHAIRMAN HENNING: He was asleep when I was saying
that.
MS. VASEY: Sorry.
MR. MILLER: How much time?
MS. VASEY: Our recommendations on EMS medical director
and assistant medical director was divided, not surprisingly, since
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February 25, 2014
every candidate, every candidate was associated with either EMS or a
fire district, and most had affiliation with one hospital or the other;
however, our interviews and evaluation process provided a great deal
of information on which you could base your decisions.
Big Corkscrew Island Fire District COPCN application review
also had a divided vote; however, again, the PSA questions and
discussions elicited valuable information that was available for your
consideration. In retrospect, majority and minority reports would have
been more useful to you to convey that information.
We are currently in the process of requesting an ordinance
change to do more work in the community under public education to
raise awareness of the Smart 911 initiative, injury-prevention issues,
such as falling and drowning prevention, and stroke education. These
initiatives would be a positive influence in the community and would
have unified support on the PSA.
Replacing the PSA with a reconstituted Emergency Medical
Services Advisory Committee would eliminate your most
knowledgeable emergency medical experts.
You have specified no EMS or fire district participation, so you
would lose the front-line responders to the most relevant -- with the
most relevant grass-roots understanding of paramedic and EMT care
and the problems and issues they encounter on a daily basis.
The physicians on the PSA are the two hospital medical directors
in the county and an additional two emergency medical department
physicians, one from each of the two hospitals. Who better to address
the proper care of patients transitioning from medical emergency to
hospital intake? You would trade this expertise for five citizens and a
nonvoting doctor on the new EMSAC.
And here I'd like to just make a personal comment. While the
citizens on the PSA have provided some management of the
committee, we are certainly not anywhere near the most
knowledgeable people on the PSA.
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February 25, 2014
Back to the approved script. The PSA will probably never
provide unanimous recommendations, although the vote to send our
letter to you was nearly unanimous -- I believe there was one
dissenting -- but we can address and act on a variety of emergency
medical issues.
We can make a positive impact in the community and, when
requested, we can give you sufficient technical information on
pre-hospital medical issues to make your own informed decisions.
Since the PSA is not currently meeting your expectations, we
hope you will give us an opportunity to understand your concerns in
greater detail and determine if there is a way for us to meet your needs
for information and recommendations in the future.
We believe the PSA can provide a valuable service for you and
the citizens of Collier County.
Thank you. I'd take your questions.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Yeah. Janet, I think your
presentation was outstanding, and I support your committee's
recommendation that we have a workshop and that we preserve the
PSA and figure out how to tweak the operations of that advisory board
to be optimally productive.
So I'm going to make a motion to support your recommendation
that we direct staff to coordinate a workshop with the members of the
PSA to address what we can do to improve that advisory board. And I
think, you know, everything you said is right on point.
COMMISSIONER FIALA: I'll second that motion.
CHAIRMAN HENNING: Okay. Commissioner Nance?
COMMISSIONER NANCE: Yes. I believe I was one of the few
people that spoke against sunsetting the PSA at an earlier discussion,
and that was -- you know, it was a pretty heated discussion at that
time.
But I believe that Mrs. Vasey has rightfully framed the comments
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February 25, 2014
that I wanted to make, and at that time it kind of deteriorated into a
situation where they thought I was criticizing individuals.
This board sent the very most prickly issues to the PSA. I don't
think the PSA had an easy job throughout its brief history. And I
think she rightfully proclaims that this body has a tremendous amount
of expertise and ability to give us great information.
I think -- I think we didn't get the results that maybe we had
hoped for, because I don't think we had the methodology developed
yet to receive information in as productive a form as, perhaps, we
could have. And, you know, maybe the PSA should have taken a little
more responsibility for coming up with that methodology to present
information, but I think the burden is also on the board for not giving
them the ability to handle tough and controversial issues in a way that
would give us the most productive information.
So I very much support Commissioner Hiller's motion, and I
think we need to find a better way to get information from this body
that really has tremendous potential.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Well, I disagree with most of what
the public speakers and commissioners have said so far. And I've
been involved with this since -- almost since the time I came on this
board, and I know that Commissioner Henning has been, too.
We went through the process of listening and creating, helping --
we didn't create it. It was a private group, the blue ribbon committee,
but we were involved with them from the entire inception of the
concept. And the first person to resign from the blue ribbon
committee was Ed Morton, who helped set it up, because he realized
immediately that he had created a monster that really was not going to
achieve anything.
And it really is true, we have never moved beyond the debate
over fire districts taking control of EMS. No amount of meetings, no
organizations have changed that focus at all. It is all still on very
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parochial issues.
And let's speak bluntly about that. The fire districts spend most
of their time dealing with emergency medical responses. They can't
justify their budgets without emergency medical responsibilities.
They are not, in most cases, willing to let us, the county, operate
an EMS organization. Their every effort, not just through this
committee but through all of the discussions we have had over the past
13 years, has been to fragment and destroy EMS at the county level so
that they can pick it up and run it themselves and even run it
independently themselves.
They have focused on trying to get their own medical directors
who, in most cases, don't even talk with our medical director, and the
result is the complete fragmentation of EMS services in Collier
County. There's nothing new here that's come up, absolutely nothing.
No new solutions that the blue ribbon committee or the -- the Public
Safety Authority has come up with.
As a matter of fact, we have given them some tough decisions.
And you know what some of them do? They avoid making the
decision. They say, oh, no, we can't get involved in that kind of a
decision-making responsibility, and they create some kind of reason
for not participating in the decision-making process. That is
outrageous. We should have nobody on this committee who cannot
and will not make a decision.
So -- and we had a perfect example just a few weeks ago. I met
with the Marco Island representatives about their concern about not
having enough EMS support for Marco Island, and I was very
supportive of solving that problem, and the same thing was true out in
District 5 where the response times are slower. And we charged our
EMS people with coming up with a solution to it because it was
critical; everybody wanted to get a decision made here.
And we got a plan that addressed everybody's needs but, whoops,
what did they then say? Oh, well. Yeah, I guess that will work for the
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short term, but it's not the long-term solution. Why isn't it the
long-term solution? Because it doesn't give them control of EMS.
And then there's a delay to carve out the portion in District 5 and
lump it with North Naples and fragment it even again.
So I, along with Commissioner Henning and others, perhaps
Commissioner Fiala, long ago said if the fire districts will consolidate
-- if they'll consolidate, we will give them EMS. And I'm here to tell
you that after 13 years of listening to the same garbage day in and day
out, I would not vote to give EMS to any fire district.
If the majority of their work is Emergency Medical Services,
then you show me a chief who is an emergency medical guy, and let
him supervise emergency medical, I'll be more interested in doing it.
But I will not -- and this isn't a big threat because I'll be gone very
shortly -- but I will not, and I'm sorry I ever did, suggest giving EMS
to a fireman. It just isn't something that should ever be done. So that's
it.
CHAIRMAN HENNING: Okay. Getting back to the item. My
part in this was the concern by the members, some of the members of
the committee, and the attorney's office about Sunshine Law violation.
These professionals need to work day in and day out together,
and the PSA -- being a member of the PSA was prohibiting them to do
it.
So, anyways, we've got one more speaker?
MR. MILLER: Yes, sir, Ron Myers.
CHAIRMAN HENNING: And creating the EMSAC, the way
the ordinance is spelled out, corrects that Sunshine Law potential
violation.
Yes, sir.
MR. MYERS: Hi, Mr. Chair. Ron Myers, full-time resident in
Marco and the newly appointed citizen representative to the PSA,
who's only attended one meeting, as we can see.
I emailed you yesterday the five hallmarks of a high-performance
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EMS system and its accountability. I spent 40 years in the private
ambulance sector and as a consultant. I'm a systems design guy. I
look at system design, system accountability, cost and sustainability.
Unfortunately, I haven't been able to make my ideas available to
the PSA since I've been there for one meeting, and it was a short
experience before seeing it may be sunsetted.
But it's a complicated business, and there's a lot of system
designs out there. You have an exclusive franchise owned and
operated by the county here. Are you cost efficient? Are you
effective? Is part of what I'd like to get into and be able to help make
recommendations to if the PSA survives. If it doesn't, I will certainly
be applying for the other committee from my district down on Marco.
I think I bring a lot of background to how systems function -- ought to
function regardless of who the provider is.
There are a lot of fire-based providers, hospital-based providers,
volunteers. I've been in a lot of different types of systems, and every
community has its unique challenges, that's for sure.
If you have any questions for me, I'll be glad to take them. If not,
my strongest suggestion would be in the confusion I've seen with the
PSA is clear-cut, strong language in the ordinance that charges them
and gives them authority as the official oversight committee for EMS.
CHAIRMAN HENNING: Okay. Any questions? Commissioner
Nance, you have a question?
COMMISSIONER NANCE: Yeah. I don't have any questions
for you, sir. Thank you. Thank you very much.
I do have a question. Mr. Klatzkow, if we have a -- if we have an
agent that's created to provide us with information and professional
opinion, does that create a Sunshine Law problem for them working --
explain to me your anxiety over the Sunshine Law and the Public
Safety Authority.
MR. KLATZKOW: Okay. My understanding is this committee
was originally set up to be a relatively short-term committee to come
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back to the board with a specific recommendation on creating an
authority. Separate thing. They evolved into something else.
What you have is people who work together every day also
meeting on a committee level, and the concern is that it's very difficult
-- the essence of the Sunshine is you should not have conversations on
a matter that's foreseeably likely to come before you in the committee
outside of the public. And it's very difficult, the way this is presently
constructed, for these people to do business on an everyday basis and
not talk about the very things that they're going to be talking about in
their committee. And that is -- that has always been a concern.
COMMISSIONER HILLER: I'd like to address that.
COMMISSIONER NANCE: I'm just -- I'm trying to seek a way
where we can -- you know, I don't have any problem getting people's
professional opinions. I think that's what we need to hear as a board.
That's what I want to hear. I want to hear people opine on the
decision-making points that this board is going to address from a
professional point of view.
Now, these people who are -- most of them are physicians -- also
have professional levels of ethics that requires them to deal with
information that's conveyed to them and them alone. So I don't think
these people are unfamiliar with regulations regarding information --
the sanctity of information and performing well. So I really don't have
a worry on that.
But, you know, if there is -- if there is a question about what the
Public Safety Authority's role is, perhaps one of the first things this
board should do is define what our expectations are for them and
allow them to work in a way that they're not -- that they're not
violating the Sunshine Law.
I don't necessarily need to have them tell us how we need to
spend money. I think the decision-making points that I'm looking for
from them are a lot higher level than that. And I'm just trying to seek
some -- I'm trying to --
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February 25, 2014
CHAIRMAN HENNING: Yes, dear. I see you. Hang on. I'm
just trying to calm down your colleague over here having a heart
attack about interrupting you. And I know --
COMMISSIONER NANCE: She's doing actually very well, and
I appreciate that, Commissioner Hiller.
CHAIRMAN HENNING: Put your seatbelt on and take it easy.
COMMISSIONER NANCE: I'm trying to address some of the
concerns that I've heard my fellow commissioners address here.
CHAIRMAN HENNING: Well, you can't, but I appreciate your
opinion.
COMMISSIONER NANCE: Okay.
CHAIRMAN HENNING: Okay. Commissioner Hiller?
COMMISSIONER HILLER: You absolutely can. And,
Commissioner Nance, you are highlighting the issues perfectly. We
can structure the committee one of two ways. We can make it an
advisory board that actually is giving us their vote on policy.
We can alternatively make it a fact-finding committee which is,
in effect, what it is and what it ought to be, which is a body that goes
out and says, you know, these are best practices, you know, here are,
you know, different ways we can improve time, and those are all -- it's
just factual. It's just straight-up business.
If it is a fact-finding committee, then -- and this goes to the issue
of a majority and minority opinion. These are not opinions. These are
facts. And it's just -- you know, these guys recommend this as, you
know -- not recommend, but basically find these to be the practices
that result in this. These guys say their research determines this,
results in that.
Ultimately, the policy, as a consequence of the facts that come
before us, will be determined by us, and it will not be their vote that
will be what we will rely on to make that decision; it will be the
information that they are putting forward to us in these reports that
give various alternative ways to get to the end that we're looking to
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achieve on the various issues.
If we are looking at them as a fact-finding committee, they are
not governed by Sunshine, and there is no problem.
MR. KLATZKOW: You have a -- no, no, no, no. No, no, no, no.
The way you're using this board, they are an advisory board.
COMMISSIONER HILLER: Okay. I'm telling you, we can
change the way this board is used to make it a fact-finding board that
goes to --
MR. KLATZKOW: You say fact-finding board, but if they're
fact-finding for you, they're an advisory board. If you're going to have
them report to, say, Dr. Tober on your staff level, that may be
different. But you can't create this so that they're advising you.
COMMISSIONER HILLER: No. They're not advising us, Jeff,
and you can have a fact-finding board where a board brings facts to
the board and allows us --
CHAIRMAN HENNING: Wait a minute. You're not
double-talking, are you?
COMMISSIONER COYLE: Yes.
COMMISSIONER HILLER: I would never double-talk.
CHAIRMAN HENNING: Okay. I was just checking.
COMMISSIONER HILLER: Are you kidding?
We had this discussion. And, in fact, one of the -- this came up a
long time ago where we had -- there was an issue about -- I can't
remember. There was some issue with an advisory board versus a
fact-finding mission, and all of that came out at that time.
But I think that this discussion should be held back till we get
into that workshop setting. I think that it needs to be addressed. We
need to look at the alternatives of how that board operates and what
the parameters of that board ought to be, what the mission is and, you
know, what they're -- basically what their jurisdiction is.
And in terms of membership, you know, one of the things to
consider is maybe we take both medical directors off that board
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because --
CHAIRMAN HENNING: All the fire departments off the board.
COMMISSIONER HILLER: Well, we can talk about all that.
I'm just --
CHAIRMAN HENNING: Take all the EMS employees off the
board --
COMMISSIONER HILLER: And we can have a --
CHAIRMAN HENNING: -- and I'm happy.
COMMISSIONER HILLER: Yeah. And you know how happy
I am when you're happy. When you're happy, I'm happy, and I just
hope the reverse is also true.
CHAIRMAN HENNING: Can we take a lunch now?
COMMISSIONER HILLER: But anyway, I think that needs to
all be brought to the workshop.
CHAIRMAN HENNING: Did you get my Valentine's card?
COMMISSIONER HILLER: I got the chocolate, I got the roses,
and the perfume was divine. I mean, I have to tell everybody.
COMMISSIONER COYLE: She probably drank the perfume.
COMMISSIONER HILLER: No, I don't, no. Water is my
beverage of choice, so I'd like to -- I like to just wear the perfume.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER HILLER: So there's a motion, isn't there?
CHAIRMAN HENNING: Yeah, there's a motion and second.
COMMISSIONER HILLER: I'd like to call --
CHAIRMAN HENNING: Okay. You're going to call --
COMMISSIONER HILLER: I'm calling the question because I
made it.
COMMISSIONER COYLE: Well, yeah, but that doesn't cut off
debate.
COMMISSIONER HILLER: He can cut off the debate. He's the
boss.
CHAIRMAN HENNING: You're not the motion maker.
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February 25, 2014
COMMISSIONER COYLE: What you've suggested is actually
what's been happening for at least the last 13 years. We've had
fact-finding boards, we've had people coming in from other agencies
throughout the nation telling us what they do and how they do it.
We've had statistics which show our performance versus others. We
have received national and state awards for our excellence in EMS.
Our medical director has been recognized nationally as one of the
best emergency medical directors in the nation. We've done all of
this, and we keep doing it, and now you want to go back and do it all
over again.
The point is what you need, what we need is a panel that will
focus on improving emergency medical care in Collier County, not an
organization that is trying to manipulate the process to conform to
their individual biases, and that's what they're doing. They're trying to
work out coalitions between one fire district and another fire district
so they can gather control over EMS. They don't care about anything
else. That's the end of the story. It is an absolutely factual statement.
There is nothing else that drives this debate other than control.
And they're not going to be happy until they take it all, and they're not
going to get it all because they're going to fight among themselves,
and they will fragment it, and that's where it's going.
And if you don't put your foot down and say enough of this
nonsense, then you're going to wind up hurting an organization that
works very, very well in Collier County.
CHAIRMAN HENNING: Speaking about my control, my
stomach is controlling my feelings right now.
COMMISSIONER COYLE: Yes, you're right.
CHAIRMAN HENNING: And there was a motion to stop this
discussion and vote on the motion.
COMMISSIONER HILLER: Correct.
CHAIRMAN HENNING: All right. Let's -- all in favor --
COMMISSIONER HILLER: And the motion was to have a
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workshop.
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: What was the motion?
COMMISSIONER NANCE: Restate your motion, please. If
you're wishing to continue this item and have a workshop --
COMMISSIONER HILLER: That's what we're doing.
COMMISSIONER NANCE: Okay. Restate the motion and let
me see if I'm onboard with you.
COMMISSIONER HILLER: I'm going to --
CHAIRMAN HENNING: Restate the motion. Maybe we
should go to have lunch first.
COMMISSIONER HILLER: And come back. The motion is to
have a workshop to address the structure of the PSA and the
jurisdiction of the PSA and how the PSA operates and have the
members of the PSA come together with the members of the board to
talk about the future.
COMMISSIONER NANCE: So we're continuing this item until
then?
COMMISSIONER HILLER: We can do that.
COMMISSIONER FIALA: Let me just ask then, that seems to
be targeting just PSA rather than deciding whether it will be an
EMSAC or PSA, right?
COMMISSIONER HILLER: Yeah. I think -- well, we can do it
-- what would you prefer, Commissioner Fiala? Would you like to
talk about that as well? I mean, I was thinking that we should just look
at the PSA, but we can address the alternatives to the PSA at that
discussion also.
COMMISSIONER FIALA: I think we should do that --
COMMISSIONER HILLER: Okay.
COMMISSIONER FIALA: -- because we're here --
COMMISSIONER HILLER: So I'm going to add that to my
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motion that we're going to discuss, you know, the structure and the
organization -- the structure and the operations and the jurisdiction of
the PSA, and also discuss alternatives to the PSA by way of other
possible boards.
COMMISSIONER FIALA: Yes.
COMMISSIONER HILLER: Does that make sense?
COMMISSIONER FIALA: I'm still calculating this because,
you know, so many good points have been made and, actually --
excellent points. We haven't moved forward at all with this. No
decisions have been made because there's been so many opportunities
not to make them, and fragmentation is absolutely right. If we -- you
know, we've been trying to push all along the consolidation of all the
fire departments in the entire county, right? This is something --
especially you, we've been trying to do, but as long as we give pieces
away to other -- to fire departments for parts of EMS, we're never
going to have a prize at the end of consolidation.
COMMISSIONER HILLER: But we're not talking about
consolidation. We're just talking about the structure of these advisory
boards.
COMMISSIONER FIALA: Well, you know, it does leak right
over into that, doesn't it, with the EMS?
CHAIRMAN HENNING: Okay. So you clarified your motion
and --
COMMISSIONER HILLER: Are you okay with that,
Commissioner Fiala?
CHAIRMAN HENNING: I think we're done with discussion
because you called it.
COMMISSIONER HILLER: I just wanted to make sure --
COMMISSIONER FIALA: I'll just make sure that it does cover
the fact that we could dissolve the PSA as well.
COMMISSIONER HILLER: Yeah. I mean, we're going to talk
about the PSA and alternatives to the PSA.
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COMMISSIONER FIALA: Okay, okay.
CHAIRMAN HENNING: And I think it was Commissioner
Nance who seconded your motion.
COMMISSIONER HILLER: Oh, I'm sorry. Forgive me.
COMMISSIONER NANCE: No, it was Commissioner Fiala,
actually.
CHAIRMAN HENNING: It was? Okay.
COMMISSIONER FIALA: It was.
COMMISSIONER NANCE: Yes.
CHAIRMAN HENNING: Thanks for the correction.
COMMISSIONER HILLER: Is that okay, Commissioner
Nance?
COMMISSIONER NANCE: Yes. Do you want to second it --
continue to second it, Commissioner Fiala?
COMMISSIONER FIALA: Yes, that's why I wanted to work it
out with Commissioner Hiller.
COMMISSIONER HILLER: That's fine.
CHAIRMAN HENNING: All right. All in favor of the motion,
signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Aye. Commissioner Henning and
Commissioner Coyle opposing the motion.
COMMISSIONER HILLER: You two are, like, brothers today.
Oh, my God.
COMMISSIONER COYLE: We are the most informed; that is
the difference. We've done this all over, time and time and time again,
and now we're going to go do it again, so --
COMMISSIONER HILLER: And that's why bringing new
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blood to the table is going to give a new perspective.
COMMISSIONER NANCE: I think Commissioner Hiller is
under the influence of her cologne, and Commissioner Henning can no
longer conduct a meeting. And since I'm the vice-chair, I'm going to
recommend we go to lunch.
COMMISSIONER COYLE: Okay. I'll second that, by the way.
CHAIRMAN HENNING: What time are we coming back?
COMMISSIONER NANCE: In one hour. Or you want more?
You conduct the meeting, I don't care.
CHAIRMAN HENNING: At 1 :20, right?
COMMISSIONER HILLER: Could we do -- can we --
COMMISSIONER NANCE: 1 :20.
COMMISSIONER HILLER: No. Can we do --
COMMISSIONER FIALA: How about 1 :30?
COMMISSIONER HILLER: Yeah. Let's -- to give us a little
travel time.
COMMISSIONER COYLE: I'd go for 2:30.
CHAIRMAN HENNING: Okay. We'll be back in session at
1 :30.
COMMISSIONER HILLER: Thank you.
COMMISSIONER FIALA: Good.
(A luncheon recess was had.)
MR. OCHS: Mr. Chairman, you have a live mike.
CHAIRMAN HENNING: Thank you. At this time let's go to
public comments and then, after that, can we do 11C real quick?
That's the ordinance on the franchise.
MR. OCHS: Sure.
CHAIRMAN HENNING: Thank you.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
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CURRENT OR FUTURE AGENDA
MR. MILLER: We have two registered speakers for public
comment. Your first speaker is Bob Krasowski. He'll be followed by
Patrick Ruff.
MR. KRASOWSKI: Good afternoon, Commissioners. My
name's Bob Krasowski.
I watched earlier on TV while you issued a proclamation on the
recent beach nourishment project. Although I agree there was some
pretty good work done in regard to that, I must bring up some
activities that occurred during the project that I think the public should
know about and which wasn't mentioned earlier.
Okay. Yeah, after seeing that, I want to come to clarify to the
public, the viewing public and the people here, what actually
happened. In particular, to Commissioner Nance's comment, which
said that even the most critical of the project seemed to be happy with
it and come on board.
Well, my wife and I submitted a request for a hearing on the
whole project, one hearing for the Naples -- for the Pelican Bay
segment of the project. And even though it was reported by the mayor
on the radio and some of the officials up in the Pelican -- some of the
Pelican Bay organizations that our request was dismissed, well, that's
just not true. Our request -- we worked with your attorneys in
Tallahassee and negotiated a settlement, and the Pelican Bay portion,
which your legal representation agreed to, that when they did Pelican
Bay there would be no activity in turtle nesting season, and then also
now currently -- and I've sent emails to you, but I don't know if
they've gotten through -- I know the CAC has received it -- but my
wife and I now have a 60-day notice to the DEP that your activities,
not you, but the activities of those responsible violated the permit.
And we provided them with the video -- some of the videos that I
showed you here before and the fact that they did not -- they did not
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rake the beach every night after the work and this, you know. So I
won't go into any great details. We'll all get into it later.
But to -- it's just like puffery or fluff. You know, yeah, big
wonderful beach nourishment project, and you're not respecting the
reality of it in terms of there being some issues and that the issues --
we're working through it. People can actually take access (sic) to the
process and have input. You're kind of ignoring that.
And I just want people to know that even the most critical, which
might be my wife and I -- I understand people that live along Park
Shore have big objections, but they like the end result. I understand
why.
But, you know, as far as calling out the concerns, our concerns,
we went through the process to do that.
Thank you very much for your attention to my comments.
CHAIRMAN HENNING: Thank you.
MR. MILLER: Your final speaker on public comment is Patrick
Ruff.
MR. RUFF: Good afternoon. Good afternoon, Commissioners.
My name is Patrick Ruff. I'm the president of the board of directors
for Naples Pathways Coalition.
I dropped off a flier and some pamphlets to you folks while you
were at lunch. Hopefully your staff will hand that over to you.
I just wanted to bring some awareness to what's going on in our
county with the active outdoor community, walkers, bikers, runners,
and motorists on our roads and streets.
In the last four weeks, unfortunately, we have maimed and hurt a
handful of people in our grid, and just this weekend up in Lee County
there was a death associated with the cycling and motorists. And so
there's just a process of awareness that we really just want to get out
there.
We have had a long-standing relationship with Collier County
and with the City of Naples. Naples Pathways Coalition works
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diligently with your staff and with the city and doing a wonderful job.
As we head off into the five-year pathway plan, both at the city
and county level, representing almost 600 projects, which is very
commendable to the county and to the city, I just want to ask that we
kind of focus on the signage side of that plan and really bring forward
with these projects a really cohesive signage and education program
that just reminds people that certain areas have an awful lot of
activities going on with walkers and runners and cyclists.
Some of it is recreational, some of it is necessary for people
trying to get to work, and people shouldn't have to walk out of the
front door and really wonder if they're going to make it back that day.
It's just kind of up to all of us in our community to look out for each
other. It's -- we have a beautiful, beautiful environment, we have
wonderful infrastructure. We have an awesome county. We -- you
folks sit at this seat and you do a great job.
Our sheriff and our city police chief are really working diligently,
and I just want to ask everyone to just take a minute, you know.
And so, also, there's a flier attached to that. I just want to make --
let everyone know, too, this Saturday from 11 to 12 at Cambier Park
we are going to have an expo, educational expo, hopefully it's a first
of many, that will -- again, it will kind of just bring light to the rules of
the road to the fact that bicyclists and motorists and pedestrians all
have the right to be at a certain place at a certain time. And hopefully,
through awareness and a certain level of civility, then we can all
co-exist at the same place without hurting each other.
So I really appreciate your time. I really do.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: Actually, there's a statewide initiative
to make it pedestrian friendly, both bicycle and pedestrians. And I
know that our staff is working with the state of Florida. Signage is
very important. Education is something that we're lacking, I believe,
and I know an organization for motorcycles, ABATE, does great
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educational. That's the private sector organization. That's where we
need assistance is from the -- from the citizens who have that -- that
special interest of biking and utilizing our sidewalks.
But I think in the future that you will see more electronic signs to
aware the driving motorists when not to turn. And I think that's very
important. And it's very important for the educational piece for the
motorist to look both ways before proceeding and look for pedestrians.
I know that's very important.
So I would suggest, from the private side, let's somehow team
together to provide that educational piece.
Commissioner Nance?
COMMISSIONER NANCE: Yeah. Mr. Chairman, I -- you
know, it has become increasingly aware to me how dangerous these
on-surface bike lanes that we have are. And they're very heavily used,
particularly this time of year.
And I was just wondering if we could possibly use some
reflective material. You know, a lot of times they're marked as bike
lanes. But I think some reflective material in those bike lanes would
remind some of these drivers that it is a bike lane.
I think some of the people that travel from other communities
where they might not have as many on-surface bike lanes are unaware
that there's likely to be a person on a bicycle there. And, honestly, a
lot of our cyclists do wear a lot of reflective material, as they should,
but a lot of them don't, and I don't think they realize how -- you know,
I'm not making a joke -- how close to death they are, particularly in
the twilight hours with an elderly demographic of drivers that don't see
very well at twilight. I think it's critical that we somehow raise
awareness on where that bike lane is.
And Commissioner Hiller, I think, brought an item forward for
comment, at least last time, about being three feet away from these
folks. Well, clearly, we're not three feet away from them. The way
it's striped out in a lot of cases, it's pretty darn dangerous.
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So whatever we can do, whatever our marking personnel can do
to maybe bring some -- just awareness to people that that is a lane of
traffic there that they're maybe not familiar with.
MR. RUFF: Well, can I say a quick --
CHAIRMAN HENNING: Please.
MR. RUFF: The state law does require three feet of clearance
when any vehicle's passing another vehicle. And there's no doubt that
when you start adding up the footage of a lane, that there really isn't
enough room for, you know, a lane to occupy both a cyclist and a car.
So it does become the onus of the vehicle, though, to really pay
attention to that.
The reflective material is a good idea, but it -- when it gets to be
too vertical in nature, that also becomes an impediment to the cyclists.
COMMISSIONER NANCE: Well, what I'm suggesting, sir, is,
you know, a lot of them have B's that are flat, that are marked flat on
the -- in the bike lane, or an arrow or something like that, or something
that says "bike lane." If we could put some reflective material in that
paint that would just show up in headlights in the evening, maybe
we'd gain a little something. I don't know. I'm just trying to think of
what we could do that wouldn't cost us a fortune.
MR. RUFF: No, I agree. And there's wonderful precedence in
striping and laning and green box concepts, which are at stop signs
and at signalizations. But the motion that everything nonmotorized
has to occur to the right of a particular line and everything motorized
has to occur to the left of a particular line is just a false sense of the
law and of security.
Because when you think of a road, debris and the biggest stuff
that happens to get shifted by the bigger traffic, it all congregates to
the right.
So, essentially, any lane that you see is really only about a half of
a lane for anyone using that lane, because everything to the right part
of that lane is full of debris.
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February 25, 2014
Also, under state law, any vehicle has the right to avoid different
obstacles and provide safe passage. So if a bicyclist swerves outside
of his lane, it's the car coming behind's responsibility to slow and to be
in control and not try to just blow past.
Now, obviously, you know, it's difficult to force yourself to do
that, all motorists, when you're on a 45-mile-an-hour road, but it's also
not a good thing to go maiming people because they almost hit
something that happened to be in their lane.
So it's just a -- it's a total education process. Signage is awesome.
Striping is awesome. You know, I spent an awful lot of time with
Naples Pathways putting the onus back on pedestrians and cyclists and
folks walking dogs, you know, just reminding them, first of all, there's
a set of rules that they have to abide by as well.
Second, you know, everybody has to be aware of their
circumstances and surroundings, because it is a matter of life and
death when you're putting a car against a pedestrian or a cyclist.
So it's a pretty big process of education, and we just have to kind
of work on the culture and just try to get it to that place.
It's a -- there's immediate stuff we can do, but it's also a long-term
cultural play, and that's really what we're trying to pull together here.
CHAIRMAN HENNING: Good, thank you.
MR. RUFF: Thank you. I appreciate it.
Item #1 1 C
THE COUNTY ATTORNEY TO ADVERTISE AN ORDINANCE
FOR A FUTURE PUBLIC HEARING PERTAINING TO
NATURAL GAS FRANCHISE REQUIREMENTS — APPROVED
CHAIRMAN HENNING: Okay. Let's go to 11C.
MR. OCHS: Yes, sir.
11C is a recommendation to authorize the county attorney to
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advertise an ordinance for a future public hearing pertaining to natural
gas franchise requirements. And Mr. French will present.
MR. FRENCH: Good morning, or good afternoon, I apologize.
For the record, Jamie French.
Commissioners, this item is being brought back from the
November 12th meeting and then the February 11th meeting at the
request of the board. And we believe that this ordinance, as written
and provided to you today, meets the board's desired requirements
with also maximum flexibility to address any future concerns that we
may have and that could be addressed within the actual franchise
agreement itself.
And I'm happy to answer any questions, and I'd also like to put
on the record that Mr. Knight from Immokalee Natural Gas has
traveled all the way down from -- he lives on Boca Grande, so he has
to travel through both Lee, Charlotte, and Sarasota Counties to come
around to get all the way down here, so we're very appreciative of his
time for coming down. And this is his third trip down to see the
board. So we appreciate him as well.
CHAIRMAN HENNING: Okay. Any -- if there's no questions
of staff, then we'll go to public speakers. I don't see any.
MR. MILLER: Mr. Knight. Johns Knight is your only
registered public speaker.
MR. KNIGHT: Johns Knight, Immokalee Natural Gas. Just --
I'd like to request, you know, you could move as quickly on this as
possible in hope that we can move forward with it.
This is something we've looked at with our company for,
actually, two years, even though we just got pushing on it in
November. It started out with a client that was needing natural gas in
the Immokalee area. We went and looked to see about getting him
natural gas. There was no infrastructure there. And then two weeks
later we get another request from another client. And we've seen that
there's a great need for it over there.
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February 25, 2014
And I know that, basically, that's a commercial/industrial type
area over there, and natural gas is very much needed for those types of
areas.
And -- I'm not a good speaker. But we'd like to get the
infrastructure in there. It will help with the tax base. I've heard, you
know, comments here today about the real estate phase being down. I
know that the west side of the county is doing real well right now, but
the other part of the county, which could contribute a little better to
the taxes if their real estate values was up a little better, and that would
happen by industry and commercial businesses coming into those
areas that could afford to do business there.
And the way it is right now with the energy costs, they can't
afford to compete with propane or electricity versus natural gas that
somebody over in, let's say, Clewiston -- sorry about that -- has got an
advantage over them.
So, you know, I'd just ask the board if we can move this as quick
as possible, if we could. Thank you.
CHAIRMAN HENNING: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yes, quick three items. Did you say
before that you'd never been in the gas business before?
MR. KNIGHT: No, ma'am, we have. My partner actually ran
Teco Peoples -- actually, it was Peoples Gas before Teco bought it
out. He's been in it for 25 years.
COMMISSIONER FIALA: Okay.
MR. KNIGHT: And, myself, I'm a ninth generation Southwest
Floridian, so --
COMMISSIONER FIALA: I can hear it in your accent.
MR. KNIGHT: Yeah, a lot of people ask me, well, where are
you from? You don't sound like a Floridian. But, you know, I'm not a
fly-by-night outfit, is what I'm trying to say. And it would have been
(sic) family business all my life, so --
COMMISSIONER FIALA: And my second question is, I
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February 25, 2014
understood you to say the last time you were here that you had
originally asked for an exclusive --
MR. KNIGHT: Yes, ma'am.
COMMISSIONER FIALA: -- and now you said, no, that's all
right. You still wanted to go ahead without the exclusive.
MR. KNIGHT: Yeah. Well, the reason we were asking for the
exclusive, this is not a big-dollar amount that we're going to make on
this project. And the one thing we didn't want was to get halfway
down the road with a pipeline and then find out somebody else is
going to be building a pipeline in there at the same time, you know, to
compete with us, because at that point neither one of us would even
come close to paying the bill, much less making any money.
COMMISSIONER FIALA: Okay. But you will accept a
nonexclusive agreement?
MR. KNIGHT: Yes, ma'am. With the ordinance and all, like
you have --
COMMISSIONER FIALA: Thank you.
MR. KNIGHT: -- we feel that's fair.
COMMISSIONER FIALA: Okay. Then I make a motion -- oh,
this is Commissioner Nance's district; excuse me.
COMMISSIONER NANCE: No, ma'am. You can make a
motion. I will second it, if you will.
COMMISSIONER FIALA: Okay. I make a motion to approve.
COMMISSIONER NANCE: I will second that.
CHAIRMAN HENNING: Discussion on the motion?
(No response.)
CHAIRMAN HENNING: Seeing none, all in favor of the
motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
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February 25, 2014
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
MR. KNIGHT: Thank you.
CHAIRMAN HENNING: Have a great travel.
Item #8A
DEVELOPMENT ORDER 2014-01/RESOLUTION 2014-46:
AMENDING RESOLUTION NO. 99-467, AS AMENDED,
(DEVELOPMENT ORDER 99-4) FOR THE WINDING CYPRESS
DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING FOR
SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER
BY INCREASING THE NUMBER OF RESIDENTIAL
DWELLING UNITS FROM 2,300 TO 2,854; BY INCREASING
THE RESIDENTIAL DEVELOPMENT AREA BY 44 ACRES TO
492 ACRES; BY INCREASING THE VILLAGE CENTER
ACREAGE BY 2 ACRES FOR A TOTAL OF 17 ACRES; BY
INCREASING THE GROSS FLOOR AREA OF THE VILLAGE
CENTER DISTRICT BY 20,000 SQUARE FEET FOR A TOTAL
OF 50,000 SQUARE FEET; BY INCREASING THE ACREAGE
OF LAKES FROM 235 ACRES TO 272 ACRES; BY REMOVING
THE 164 ACRES OF GOLF AREA AND ELIMINATING THE 18-
HOLE GOLF COURSE; BY INCREASING THE PRESERVE
AREA BY 44 ACRES TO 840 ACRES; BY INCREASING
BUFFERS, WATERWAYS, CANAL AND FP&L EASEMENTS
FROM 180 ACRES TO 219 ACRES; BY EXTENDING THE
BUILD-OUT DATE TO DECEMBER 31, 2020 AND
EXPIRATION DATE TO DECEMBER 31, 2025; AND BY
AMENDING THE MASTER PLAN; BY PROVIDING FOR
SECTION TWO, FINDINGS OF FACT; SECTION THREE,
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February 25, 2014
CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF
PREVIOUSLY ISSUED DEVELOPMENT ORDERS,
TRANSMITTAL TO DEPARTMENT OF ECONOMIC
OPPORTUNITY AND EFFECTIVE DATE. THE SUBJECT
PROPERTY IS AT THE NORTHEAST QUADRANT OF THE
INTERSECTION OF TAMIAMI TRAIL EAST (US-41) AND
COLLIER BOULEVARD (CR 951) IN SECTIONS 26, 34 AND 35,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 2
AND 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA CONSISTING OF 1,928± ACRES. [DOA-
PL20120002856] — ADOPTED W/STIPULATIONS
Item #9A
ORDINANCE 2014-09: AMENDING ORDINANCE 02-35, AS
AMENDED, THE WINDING CYPRESS PLANNED UNIT
DEVELOPMENT (PUD), BY INCREASING THE NUMBER OF
RESIDENTIAL DWELLING UNITS FROM 2,300 TO 2,854; BY
INCREASING THE RESIDENTIAL DEVELOPMENT AREA BY
44 ACRES TO 492 ACRES; BY INCREASING THE VILLAGE
CENTER ACREAGE BY 2 ACRES FOR A TOTAL OF 17 ACRES;
BY INCREASING THE GROSS FLOOR AREA OF THE
VILLAGE CENTER DISTRICT BY 20,000 SQUARE FEET FOR A
TOTAL OF 50,000 SQUARE FEET; BY INCREASING THE
ACREAGE OF LAKES FROM 235 ACRES TO 272 ACRES; BY
REMOVING THE 164 ACRES OF GOLF AREA AND
ELIMINATING THE 18-HOLE GOLF COURSE; BY
INCREASING THE PRESERVE AREA BY 44 ACRES TO 840
ACRES; BY INCREASING BUFFERS, WATERWAYS, CANAL
AND FP&L EASEMENTS FROM 180 ACRES TO 219 ACRES;
PROVIDING FOR ADDITION OF WINDING CYPRESS MASTER
PLAN, TRACT B TO EXHIBIT A; PROVIDING FOR ADDITION
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February 25, 2014
OF EXHIBIT C, BICYCLE AND PEDESTRIAN MASTER PLAN;
PROVIDING FOR LIST OF DEVIATIONS; AND PROVIDING AN
EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED
AT THE NORTHEAST QUADRANT OF THE INTERSECTION
OF TAMIAMI TRAIL EAST (US 41) AND COLLIER
BOULEVARD (CR-951) IN SECTIONS 26, 34 AND 35,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 2
AND 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA CONSISTING OF 1,928 ACRES. [PUDA-
PL20120002855] — ADOPTED W/STIPULATIONS
MR. OCHS: Mr. Chairman, that takes us to your board of zoning
appeals, Items 8A, and this item requires that ex parte disclosure be
provided by commission members. All participants are required to be
sworn in.
It's a resolution amending Resolution No. 99-467, as amended,
Development Order 99-4, for the Winding Cypress Development of
Regional Impact; by providing for Section 1, amendments to
development order by increasing the number of residential dwelling
units from 2,300 to 2,854; by increasing the residential development
area by 44 acres to 492 acres; by increasing the village center acreage
by two acres for a total of 17 acres; by increasing the gross floor area
of the village center district by 20,000 square feet for a total of 50,000
square feet; by increasing the acreage of lakes from 235 acres to 272
acres; by removing the 164 acres of golf area and eliminating the
18-hole golf course; by increasing the preserve area by 44 acres to 280
-- excuse me -- 840 acres; by increasing buffers, waterways, canal,
and FP&L easements from 180 acres to 219 acres; by extending the
build-out date to December 31, 2020, and expiration date to December
31, 2025; by amending the master plan by providing for Section 2,
finding-of-fact; Section 3, conclusions of law; and Section 4, effective
previously issued development orders, transmittal to Department of
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February 25, 2014
Economic Opportunity and effective date.
The subject property is located at the northeast quadrant of the
intersection of Tamiami Trail East and Collier Boulevard in Sections
26, 34, and 35, Township 50 south, Range 26 east, and Sections 2 and
3, Township 51 south, Range 26 east, Collier County, Florida,
consisting of 1 ,928 plus-or-minus acres.
CHAIRMAN HENNING: Okay. Anybody wishing to
participate in this discussion, please rise, and we'll have the court
reporter swear you in.
Is there any public speakers on this item?
MR. OCHS: Mr. Chairman?
MR. MILLER: I do not have any registered public speakers for
this item, no.
CHAIRMAN HENNING: Okay.
MR. OCHS: Mr. Chairman, before you proceed, I wanted to ask
the county attorney if-- since Item 9B is a companion PUD
amendment, if we're going to hear these separately or hear them
together and vote separately, County Attorney, or do you have a
recommendation either way for the board?
MR. KLATZKOW: My recommendation is you hear them both
at the same time and you vote on them both at the same time.
CHAIRMAN HENNING: Do you want to read that item, 9B?
MR. OCHS: Yes, sir. Actually, it's 9A Commissioner; my
mistake.
It is an ordinance of the Board of County Commissioners of
Collier County, Florida, amending Ordinance No. 02-35, as amended,
the Winding Cypress planned unit development by increasing the
number of residential dwelling units from 2,300 to 2,854; by
increasing the residential development area by 44 acres to 492 acres;
by increasing the village center acreage by two acres, for a total of 17
acres; by increasing the gross floor area of the village center district
by 20,000 square feet for a total of 50,000 square feet; by increasing
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February 25, 2014
the acreage of lakes from 235 acres to 272 acres; by removing 164
acres of golf area, and eliminating the 18-hole golf course; by
increasing the preserve area by 44 acres to 840 acres; by increasing
buffers, waterways, canal, and FP&L easements from 180 acres to 219
acres; providing for addition of the Winding Cypress master plan,
Tract B to Exhibit A; providing for addition of Exhibit C, bicycle and
pedestrian master plan, providing for list of deviations and providing
an effective date.
The subject property is located in the northeast quadrant in the
intersection of Tamiami Trail East and Collier Boulevard in Sections
26, 34, and 35, Township 50 south, Range 26 east, in Sections 2 and 3,
Township 51 south, Range 26 east, Collier County, Florida, consisting
of 1,928 acres.
CHAIRMAN HENNING: Okay. Everybody or anybody
wishing to participate in the discussion of 8A and 9A, please rise, raise
your right hand. The court reporter will swear you in.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN HENNING: Ex parte communication by board
members. Commissioner Coyle?
COMMISSIONER COYLE: I have met with the petitioners and
their agent, Mr. Yovanovich, and I've also received some emails
concerning this petition.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I've also met with Rich
Yovanovich, Chris Hasty, and Michael Henican -- I'm sorry if I
slaughter your name -- and -- on both subjects. I've also gotten -- so
that was a meeting, and then I've had correspondence, I've had emails,
I've had phone calls, and I've read everything here in the agenda.
I've spoken, again, to Rich and the people just to clarify a few
things that I wanted to make sure I understood clearly, because I had
some -- little bit of concerns and, actually, I don't have any concerns
anymore. Thank you.
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February 25, 2014
CHAIRMAN HENNING: I have received the staffs report and
then spoke to staff about this one.
Commissioner Hiller.
COMMISSIONER HILLER: Staff report.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: I have had meetings with Mr.
Yovanovich on both items and read the staff report provided on both
items. Thank you.
COMMISSIONER HILLER: I feel left out.
MR. YOVANOVICH: You shouldn't.
COMMISSIONER HILLER: I feel so left out.
CHAIRMAN HENNING: Is there anything you need to get on
the record?
MR. YOVANOVICH: Well, I don't know. There's not a motion,
so I'm hoping --
COMMISSIONER HILLER: Motion to approve.
COMMISSIONER FIALA: Second.
COMMISSIONER COYLE: I have a question.
MR. YOVANOVICH: I'm happy to answer any questions.
COMMISSIONER COYLE: Yeah. I have only one question. I
don't have any problem with the substance of the petition at all. I only
have a problem with the -- with accepting the recommendation of the
Regional Planning Council that would, essentially, require us to -- if
we should ever decide to remove transportation concurrency from our
Growth Management Plan and Land Development Code, that it would
apply retroactively to this development. And I would presume that for
equal treatment it would apply retroactively for everyone else.
So I am concerned that that provision improperly restricts the
Board of County Commissioners' authority to deal with traffic --
transportation concurrency.
I do not believe that it adversely impacts the developer in this
case if we ignore that particular recommendation in this approval.
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February 25, 2014
And then if there must be some action taken to reconcile the Growth
Management Plan and the county's Land Development Code with this
development, that it be done at such time as we might remove
transportation concurrency from our requirements rather than
requiring that it be applied retroactively before we even take such
action.
So I just would like to take that particular provision out of the
process and approve everything else.
MR. YOVANOVICH: I can --
COMMISSIONER COYLE: What's your reaction to that?
COMMISSIONER HILLER: I'd like to hear from the county
attorney.
MR. YOVANOVICH: Well, just by way of-- the answer to
your question, Commissioner Coyle, is we don't think that that
provision's necessary to our project going forward, and I've crossed it
out. I think that's the provision you were speaking to. It's on Page 6 of
the resolution.
COMMISSIONER COYLE: Yeah.
MR. YOVANOVICH: I think that was language that the RPC
wanted just to make sure that, if concurrency were to go away, we
were required to notify the RPC that it went away.
The county does not have to follow all of the RPC
recommendations. We run the risk, but we don't think it will happen,
that the RPC would actually challenge the approval of this project if
you deleted that paragraph. We don't think it would rise to that level.
So we have no objection to removing of that Paragraph H that
I've put on the visualizer. I don't think it hurts us. You know, if
you-all do, someday, decide to get rid of concurrency, I'm sure you'll
make a decision on how you want that to apply either retroactivity or
prospectively, and we'll just live with whatever policy decision the
board makes at that time.
CHAIRMAN HENNING: Jeff, do we have any issues with that
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February 25, 2014
provision in the resolution?
MR. KLATZKOW: It's an interesting question posed by
Commissioner Coyle. What I would ask the board is let me just
double-check to make sure that we can omit this without any
repercussions. And if we can omit this without any repercussions, we
will.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: I don't have any problem.
Repercussions is sort of a vague term.
MR. KLATZKOW: I don't know why they put this in, is what
I'm getting at, and I'm not sure if you would have any repercussions
from the Regional Planning Council taking it out. So I just want to
verify that there would be no issue to take it out from their end.
CHAIRMAN HENNING: I think the question is, is there any
legal issue with taking that out?
MR. KLATZKOW: That's what I'm going to have to find out.
CHAIRMAN HENNING: And that's the only question. What
I'm hearing from Commissioner Coyle is we're not accepting those
recommendations.
MR. KLATZKOW: I don't know that it's a recommendation is
what I'm saying.
CHAIRMAN HENNING: Okay. So you're going to find out if
it's lawful?
MR. KLATZKOW: I want to verify that we can take it out. If
we can take it out, we will. I will notify you by email what my
conclusion is.
COMMISSIONER COYLE: Well, if you're going to do that, I'd
like to have -- get some answers to a couple of questions. If they insist
that it be here, do they understand the implications of making a
decision like the removal of transportation concurrency retroactive to
a DRI that was approved some distance in the past when it is generally
our practice to make changes in the Land Development Code and the
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February 25, 2014
Growth Management Plan effective proactively?
COMMISSIONER HILLER: Right, prospectively.
COMMISSIONER COYLE: Or prospectively, I'm sorry. And
so I'd like to have that question answered, because it shouldn't just
affect this particular DRI. It would affect transportation concurrency
in the entire county and all of the planned unit developments that are
subject to transportation concurrency that have been approved in the
past.
COMMISSIONER HILLER: I don't see how that --
COMMISSIONER COYLE: So that's what I'm concerned about.
And if you want to take time to do that, I'm okay with it. But I will
vote for the motion if you're successful in getting that done, but I'm
going to vote for it -- not for it if you can't get that done. So I don't --
that's sort of a complex situation.
MR. KLATZKOW: Well, we do have a reconsideration avenue
available.
CHAIRMAN HENNING: No, we don't on land use.
MR. KLATZKOW: Well --
CHAIRMAN HENNING: The only -- the petitioner can ask for
a reconsideration. Board members can't on land use.
The point is, is this is an amendment to a DRI. It's a -- it's an
amending resolution and amending ordinance.
COMMISSIONER HILLER: Can I make a suggestion?
MR. KLATZKOW: Sir, you can't -- if part of your motion is to
give yourself the ability to reconsider this one on that one issue, you
can do that.
CHAIRMAN HENNING: Okay.
MR. KLATZKOW: I'm giving you that window of opportunity
on this one.
CHAIRMAN HENNING: I see.
COMMISSIONER HILLER: So my question is --
MR. KLATZKOW: And you'll have that answer shortly.
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February 25, 2014
COMMISSIONER HILLER: I think we just approve it --
CHAIRMAN HENNING: We're going to close the public
hearing and then do a motion.
COMMISSIONER HILLER: Right.
MR. YOVANOVICH: Can I interject briefly on this issue?
CHAIRMAN HENNING: Yes.
MR. YOVANOVICH: The RPC makes recommendations to the
county. They don't mandate anything. They make a recommendation
to you to include provisions within a DRI development order.
It's up to the County Commission to decide whether or not they
want to follow that recommendation.
If you do not follow that recommendation, the remedy the RPC
and the state has is to then challenge the adoption of that resolution
which puts my client at risk if there's a challenge by the state to the
resolution.
I don't believe that the RPC or the state is going to challenge the
county's adoption of the resolution without that Provision H in it.
So we're willing to take that risk because we believe it's not
going to rise to the level of that great of an importance to the RPC or
the state.
I would hate to get into a situation where I may walk out of here
today with approval of the resolution and I may not walk out of here
today with an approval of the resolution depending upon what the
RPC says.
They're just -- they're advisory. I don't mean it just as advisory,
but they're advisory, and they have their options should you not follow
their advice.
COMMISSIONER COYLE: Mr. Chairman?
CHAIRMAN HENNING: Yes.
COMMISSIONER COYLE: If I could just continue my line of
questioning. That is a better alternative --
CHAIRMAN HENNING: Correct.
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February 25, 2014
COMMISSIONER COYLE: -- than waiting --
MR. YOVANOVICH: Right.
COMMISSIONER COYLE: -- for us to go check with the
Regional Planning Council, because what this does is it gives us the
opportunity to respond to any challenge in the future by the state
without having to worry about a reconsideration possibility.
So to me, your suggestion is far better than --
COMMISSIONER HILLER: County Attorney?
COMMISSIONER COYLE: -- a conditional approval at the
present time.
MR. KLATZKOW: It's fine by me. If you get challenged, you
get challenged; then we'll take care of it then.
COMMISSIONER HILLER: So then -- are you going to close
the hearing?
CHAIRMAN HENNING: No. We have further discussion.
MR. YOVANOVICH: I have two other things that -- if I can,
add to the record. I knew that was going to come up, and I think
there's two other issues that I was going to present as part of my
presentation, but I'll be much shorter, since --
CHAIRMAN HENNING: You get paid by the hour, right?
COMMISSIONER COYLE: Yeah, an exorbitant sum.
MR. YOVANOVICH: Unfortunately, I probably should have
said this one by the result.
COMMISSIONER COYLE: Well, then I would have voted
against it.
MR. YOVANOVICH: I knew that. I should know better.
Staff contacted me last night and said, hey, Mr. Yovanovich, if
we build Benfield Road -- I think that's a big if-- would your client be
willing to interconnect to Benfield Road, and we have a two-part
answer to that question. The first part answer is if Benfield Road is
under construction as we're doing this phase of the project, we can
obviously incorporate interconnection into that phase of the project.
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February 25, 2014
But if Benfield Road isn't under construction at that point, we'd
really hate to lose development parcels. So we would account for
Benfield Road interconnection if and when it ever gets under
construction if development's already done in this area by basically
allowing interconnection in this area right here.
It could be on either side of this dotted line. This dotted line is
the utility easement for the Marco Island Utilities that's referred to in
your staff report. So we can easily work -- you know, work with --
staff can easily allow for interconnection for the future should
Benfield Road not actually be under construction as this part of the
development is under construction. So we would just like to add that
to -- that interconnection point to the master plan.
And I think your county attorney wanted me to address in -- on
Page 5 of the resolution -- that's the provision that deals with
proportionate share for the intersection improvements that are about to
start.
And we're required to pay our proportionate share. The way it
currently reads is our proportionate share would be accounted for by
our impact fees. We were asked -- if impact fees ever go away, we
would still be obligated to pay our proportionate share; however, we
would obviously get a credit for the impact fees we've already paid
towards that -- towards that proportionate-share obligation.
So I just wanted to get that on the record. And if we have to make
a slight revision to the resolution to address that condition should road
impact fees ever go away, we can deal with your county attorney on
that.
Those are the only three things I needed to get on the record.
CHAIRMAN HENNING: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Well, you know, I was just going to
mention a couple simple things that we talked about just to relieve
everybody's concern, but I don't think that that's necessary. No reason
to drag it on. We've got a motion on the floor and a second, and I'm
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fine with that.
CHAIRMAN HENNING: Now we need staff report.
Rich, you're all done, right?
MR. YOVANOVICH: Yes, sir.
MS. DESELEM: Good afternoon. For the record, Kay Deselem,
Principal Planner with Zoning.
You have received the documents in your packets, the executive
summary and the staff report. You have the draft documents for the
development order and for the ordinance for the PUD.
If you have any questions, I'd be happy to address them.
CHAIRMAN HENNING: Any questions of staff?
(No response.)
CHAIRMAN HENNING: No questions. Thank you.
Now I'm going to close the public hearing, and I'll entertain a
motion at this time.
COMMISSIONER COYLE: Motion to approve with all the
recommendations of the --
COMMISSIONER FIALA: Second.
COMMISSIONER COYLE: -- of the Planning Commission and
the staff recommendations with the exception of the one
recommendation by the Regional Planning Commission.
COMMISSIONER FIALA: I'll second that, but I thought we
made a motion already.
COMMISSIONER HILLER: I did.
CHAIRMAN HENNING: Yeah. Well, you need to close the
public hearing; is that right, Jeff?
MR. KLATZKOW: I thought you did.
CHAIRMAN HENNING: Pardon me?
MR. KLATZKOW: I thought you did.
CHAIRMAN HENNING: No. We were still in discussion with
MR. KLATZKOW: Okay.
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CHAIRMAN HENNING: Yeah. I said -- what I said was, well,
we have to close the public hearing.
MR. KLATZKOW: I'm sorry.
COMMISSIONER HILLER: Just allow -- Commissioner Coyle
made the motion. Let him carry it.
COMMISSIONER COYLE: I don't mind. I could let you.
COMMISSIONER HILLER: No, I really want you to carry it.
You have that little voodoo doll. I have to be nice to you now.
COMMISSIONER COYLE: I'll take out the pins now.
COMMISSIONER HILLER: Hold it up so everyone can see
what you've been doing to me. That's why I haven't said anything.
COMMISSIONER COYLE: She's been remarkably quiet.
COMMISSIONER HILLER: He actually took one and just went
like this.
COMMISSIONER NANCE: Do we have an ordinance that
enables voodoo on the dais that I'm unaware of?
COMMISSIONER COYLE: We don't have anything that
prohibits it.
COMMISSIONER HILLER: There you go, and that's how the
law works.
COMMISSIONER COYLE: Yes.
CHAIRMAN HENNING: Does your motion include -- well, we
know Benfield is not going to be under construction when you get it --
get under construction. So --
MR. YOVANOVICH: I'm pretty sure it may not be in any of our
lifetimes.
CHAIRMAN HENNING: Yeah, that was my issue, trying to get
interconnection. But we'll never get it here.
COMMISSIONER COYLE: Well, he said he'd make provisions
for future interconnection.
MR. YOVANOVICH: Yes.
COMMISSIONER HILLER: Yes.
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February 25, 2014
COMMISSIONER COYLE: We probably should include that
commitment in the motion because --
CHAIRMAN HENNING: Yeah, that's -- Benfield is so far out
there that it won't be under construction when this community -- this
section is under construction. That was your issue.
COMMISSIONER COYLE: But he said that would be okay.
MR. YOVANOVICH: What we're doing -- and maybe I didn't
make this very clear -- and I don't know if I'm allowed to still talk.
CHAIRMAN HENNING: Yeah, you can answer the question.
COMMISSIONER COYLE: But you can't charge for it.
COMMISSIONER HILLER: Or Commissioner Coyle will
change his vote.
MR. YOVANOVICH: Commissioner Henning, we are still
making plans for, when and if it ever gets under construction, that
there would be interconnection to Benfield through the project. It just
-- obviously, we're not going to build something now because we don't
know if Benfield will ever happen, because there are some rather testy
environment issues --
CHAIRMAN HENNING: Okay.
MR. YOVANOVICH: -- associated with that road. But we have
made provision for interconnection should the road happen in the
future.
CHAIRMAN HENNING: Is that a part of your motion,
Commissioner Coyle?
COMMISSIONER COYLE: Yes. I would incorporate that.
CHAIRMAN HENNING: What about the proportionate-share
provision --
COMMISSIONER HILLER: And the credits.
CHAIRMAN HENNING: -- and the credits for the intersection?
COMMISSIONER COYLE: Yeah, I'm fine with that.
CHAIRMAN HENNING: Any -- there a second to the motion?
COMMISSIONER FIALA: My second approves the additions.
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February 25, 2014
CHAIRMAN HENNING: The additions, thank you.
Discussion on the motion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
MR. YOVANOVICH: Was that for both items, A and -- both
A's, 8A and 9A?
MR. OCHS: Yep.
MR. YOVANOVICH: Okay. Thank you.
CHAIRMAN HENNING: Just let the record reflect that was 8A
and 9A.
MR. YOVANOVICH: Thank you.
CHAIRMAN HENNING: Thank you.
Item #11D
RESOLUTION 2014-47: THE ALL TERRAIN VEHICLE (ATV)
PARK AD HOC COMMITTEE'S RECOMMENDATION TO (1)
ADOPT A RESOLUTION TO ALLOW THE COMMITTEE TO
CONTINUE FOR AN ADDITIONAL YEAR; (2) DEVELOP A
VOUCHER PROGRAM AND (3) INITIATE A REQUEST FOR
PROPOSALS (RFP) TO SELECT A VENDOR(S) THAT HAS
PROPERTY WITH A SUITABLE ATV RIDING FACILITY —
MOTION TO EXTEND THE COMMITTEES SUNSET DATE FOR
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ONE YEAR; EXCLUSION OF THE VOUCHER PROGRAM;
STAFF TO WORK WITH THE COMMITTEE REGARDING
PUBLIC OR PRIVATE ARRANGEMENTS; CONTACT THE
STATE TO SEE IF HENDRY CORRECTIONAL FACILITY IS
FOR SALE — ADOPTED
MR. OCHS: Mr. Chairman, that would take us to your 2 p.m.
time-certain hearing this afternoon. That's Item 11D on your agenda.
That's a recommendation to consider the All-terrain Vehicle Park Ad
Hoc Committee recommendation to, number one, adopt a resolution to
allow the committee to continue for an additional year; number two, to
develop a voucher program; and, number three, to initiate a request for
proposals to select a vendor that has the property with a suitable ATV
riding facility.
Mr. Casalanguida will begin the presentation.
MR. CASALANGUIDA: Thank you, sir.
As you know, Commissioners, the ATV committee made a
recommendation a while back, and the board denied their
recommendation and asked that Commissioner Nance work with the
committee along with staff. Staff met with the committee recently and
discussed the options or the concerns that the board had.
The committee made three recommendations for the board to
consider, and I think they're pretty evident in your executive
summary, but I'll take you through some staff comments on each one.
I think their first recommendation to extend for a period of one
year makes a lot of sense. There's still work to be done, and I think
they're still a committed group, so I agree that should go forward.
Their second request -- and the committee was somewhat split on
this -- was to begin a voucher system so they could make use of some
of the funds. While staff has no objections, we've pointed out there are
concerns with getting that done.
Obviously, the audit, compliance as you get outside the county,
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and that would be an issue.
Public services has agreed to work with the county attorney and
the committee to see if they could develop something that would be
palatable to the board. But that is fraught with a little bit of risk in
terms of audit trail.
At the same time they've asked the board to do number two,
which is the voucher system, they've also asked the board to consider
to move forward with the RFP. In my discussion with Jeff, to set up
the voucher system and the RFP at the same time tend to be a little bit
of a conflict as well because, by putting that together as well, too,
you're also going to be saying that you're going to try and put all the
money out to a public/private partnership.
We thought maybe a logical approach was to explore 2 first and
then come back with 3 if 2 didn't work. That was your staffs
recommendation.
Going forward, I think, from growth management's perspective,
we're going to be passing this over to public services to Barry and
Steve to take this on, but we will be an advisory group to them. Our
task at growth management was the land-use evaluation.
Although Commissioner Nance expressed there are some
opportunities out there that we probably still want to evaluate with the
Big Cypress park, again, I'm hearing grumblings that the correctional
facility is going to put all their acreage up for disposition, which is
quite a bit of acreage, a thousand I've been told today, but we're going
to have to look into that.
So I think there's opportunity there. I would like the committee
to kind of express their opinion. Staff has given you what we think
might work and some concerns. I'll turn it over to some of the
committee members to talk about what they think is appropriate.
CHAIRMAN HENNING: Did --
COMMISSIONER NANCE: Mr. Chairman, I'd like to make a
couple of remarks before we hear the public speakers.
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CHAIRMAN HENNING: Sure, sure.
COMMISSIONER NANCE: The community of sportsmen that
are interested in an ATV park in Collier County has been working on
this subject since the 2003 agreement with the South Florida Water
Management District.
Eight years following the agreement with the district, a
settlement was made with Collier County because the district was
unable to provide the 640 acres, which is a square mile of suitable
property for recreational ATV use. That provided a period of time of
eight years in which members of the public and staff worked on this
issue.
Since that time and since the 2011 settlement, this committee has
worked for an additional two years, and they've done a tremendous
amount of work trying to find a facility within Collier County that
would provide the sorts of services that they feel like are required to
provide decent ATV recreational use.
I believe that after as much work as they've done, they've come
to the conclusion that with three million dollars to spend and the
environmental issues that are present, that it's very unlikely that we are
going to be able to put together an ATV park with the resources that
we currently have.
This has brought us to this day, and the committee has worked
very hard. And, of course, it's been very frustrating for them.
So today you have two different suggestions, one of which is to
begin to support this hobby with a voucher system, which I think is
nothing more than a short-term solution, but I think it might, under
certain circumstances, have some utility and provide some benefit to
our citizens.
Secondarily, there's a request from the committee to assist them
to work on a request for proposal for a public/private partnership.
That would mean taking our resources and enter into agreement with a
service provider that is from the private sector.
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I certainly support -- I support the opportunity for them to work
on that topic; however, I would like to provide a fourth provision on
this element, and that is -- the first being, of course, is to extend the
committee to a four-year -- and that is to open up the opportunity then
also to look at public/public partnerships. So we have a public/private
partnership, and then we have a public/public partnership.
That would mean an institutional sort of partnership with another
county that might be involved with an ATV park, or have an interest
in one, with an existing public park somewhere in Florida or, perhaps,
with another entity that hasn't been considered but came up in
discussions recently, like the Seminole Tribe of Florida. It has a lot of
land that they have. They're actually one of the largest corporations in
the state of Florida in the entertainment business. They have had
recreational tracts before, and I think that may be an opportunity.
So what I -- I certainly support this motion in its entirety. I want
to allow staff and I want to make my commitment to work together
with the committee and staff and the county attorney to explore these
things and see what we can come up with, not only in the short term,
but in the long term.
So I want to enlarge this with that fourth element, which was --
which would be a public/public partnership as another opportunity for
the committee to look at.
And unless there's another public (sic) comment, I would really
like to hear from the -- from the public.
COMMISSIONER HILLER: I would like to make a comment.
CHAIRMAN HENNING: There might be commissioners'
comments.
COMMISSIONER NANCE: Well, yes. Sony, commissioner
comments.
CHAIRMAN HENNING: Quite frankly, I would like to see if
Hendry Correctional can be purchased. It's just outside of the Collier
County line. There's a lot of acreage there, so I don't want to lose that
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opportunity.
I think that -- that facility, as the facilities there can be -- can't be
utilized for much; however, there's a lot of land there that they have in
grazing now. I'm not sure if there's a farmer out there that would buy
-- I'm not sure where the acreage would go, but I think that we should
offer the state to purchase that for whatever dollar amount, okay.
And I don't want to open up a voucher system until we exhaust
all avenues to obtain control. That's my personal thing. And, you
know, I don't want to -- I guess I want to kick it down the road for any
ideas such as vouchers until we exhaust things that are on the horizon,
like the sale of Hendry County Correctional Center. That's my
comment.
COMMISSIONER COYLE: If that's a motion, I'll second it.
CHAIRMAN HENNING: Well, I'm not going to make a motion
till we hear from the public, but --
COMMISSIONER HILLER: I agree with Commissioner
Henning. I don't think we should be embarking on the development of
a voucher program or putting out RFPs for that voucher program until
we have explored exactly what you say.
It does make sense to extend the committee for another additional
year to allow this to be explored and to have staff work with that
committee to that end.
So if you're going to make that motion after the public speakers
speak, Commissioner Henning, I'll support you on that.
CHAIRMAN HENNING: Okay. We have committee members,
and I'm not sure if you signed up to speak.
MR. MILLER: Yeah.
CHAIRMAN HENNING: But you're not -- I don't -- committees
are not delegated at three minutes, right? No? Is that right, Troy?
That's right.
MR. MILLER: That is your prerogative, sir.
CHAIRMAN HENNING: Okay. Let's hear from the committee,
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whoever wants to start first.
MR. PELLETIER: Good afternoon. My name's Joe Pelletier,
and I'm the committee chairperson.
I just came here today to tell you that we worked -- we've really
worked -- the committee members and I have worked very hard to try
and come to some sort of a solution for all of us riders that's a safe --
just giving us a chunk of land is not going to solve our problem.
That's -- it has to have safety -- there's safety issues with certain things
that have to happen.
And, you know, you were talking about the Hendry facility. I'm
sure that facility's not going to sell for $3 million. There's -- if we're
talking a thousand acres, it's just -- $3 million is just -- you know, as
far as getting a safe riding ATV park, $3 million is like a drop in the
bucket.
But, you know, there are entities out there -- when we were
talking about the public/private partnership -- that are willing -- that
have the acreage that are willing to, you know, whatever it is, work --
you know, talk to county attorneys or whatever and work some kind
of a deal out, and that's what we were talking about the RFP. I didn't
think it was an RFP for the voucher program. I thought it was an RFP
to see these public/private or public/public entities, what they could --
as far as they could -- what they would offer Collier County residents
as far as, like -- I don't know, certain days you can ride for this
discounted price, certain things you can have for this discount, and if
you show you're a Collier County resident, you get, you know, X
amount of dollars off the entry fee for, I don't know, whatever period
of time that you commissioners deem reasonable, 10 years, 20 years,
whatever. You know, that $3 million could get us the biggest -- you
know, the best bang for our buck, basically, is what I was saying.
And, you know, we've gone to landowners, and nobody --
whether the land is too valuable in Collier County to have an ATV
park is probably the issue, or the noise or whatever.
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But, you know, staffing, insuring, it's just -- it's a big undertaking.
And, you know, if we have some of these people that -- these other
entities that are willing to staff, insure, medical helo pads that -- if
anyone ever was hurt to be helo'ed out, you know, if they're willing to
take that risk and do all that and we can partner with those people, it
just seems to make sense. It would be so much less liability for the
county.
To undertake staffing and running a facility like this is huge -- is
a huge undertaking. And if these private people are willing to put up
their money and their time and their effort into doing this, it just seems
to make sense to me.
But all these things we asked for, another year, that would be
greatly appreciated because, you know, we've worked -- we've come
this far. I hate to just stop now and quit, because I'm not a quitter, you
know. I don't quit at anything.
And I'd like to finish what I start, and these guys are the same
way. And I'd like to -- like your permission to continue this and work
with Commissioner Nance. You know, he's been very helpful. He
shows up at the meetings, and he dedicates his time.
And I think we can come to an agreement if we just keep
working a little more. I don't think it's going to take a lot more.
We've come so far.
And I don't know if you have any questions for me but, you
know, that's pretty much all I have to say is, you know, there's a lot of
opportunity out there. We've just got to do a little more investigation.
And we were split a little bit on the voucher system. I don't -- I
didn't particularly -- I didn't vote for the voucher system. I didn't think
that's a long-term solution. And as far as -- I don't know, you guys use
the word "audit." I use the word a "headache" as far as trying to keep
track of money and who owes what, and some guy's going to stand in
line and try to get $20, and it was -- it just seems like a nightmare as
far as keeping track of cash.
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And I'm for, you know, trying to find a solution, a permanent
solution for the riders of Collier County. And I know, like, not a lot of
people -- you know, it's just rednecks that do this kind of stuff. But
I'm a family guy, and I'm not a redneck, and I'm a normal guy, and I
go to work every day.
COMMISSIONER COYLE: What's wrong with rednecks?
MR. PELLETIER: Nothing. Nothing's wrong, but I'm just
saying there's regular people, you know, good taxpaying citizens that
do this, you know. It's not just some country bumpkins, you know.
And my family -- I have a 14-year-old son, and he enjoys it, and they
have children, and they enjoy it.
And, you know, I know it doesn't seem very important to some
people, but to some people it is important. And to me it's important.
I've dedicated two years to this committee. And, you know, I do my
very best. I don't get paid, and I do it because I feel it's my duty as a
citizen to try and help other riders out.
And that's pretty much all I have to say. Thank you.
CHAIRMAN HENNING: Okay. Next speaker, or committee
members, I should say.
MR. CLOSE: Good afternoon. My name's Jeff Close.
I've been on this committee for almost two years now to try to
find -- like Joe said, trying to find someplace to ride for us. I think we
have come a long way. I think we've hit a wall, personally. I think we
have a lot of information that's come forward to us, and I think we
need to move forward with that information.
I've talked to Tim a few times. We've come up with some more
information, some more ideas. So I think we need to move forward,
and hopefully you guys will allow for us to meet for another year.
The request for proposals, I think -- that's my biggest concern. I
think -- I need that request for proposals more -- that's -- to me, that's
the most important thing. We've got four or five companies that are
willing to deal with us, but at this point we have no idea what they
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have to offer.
We need to know what they have to offer. What are you
bringing to the table? How are you going to make sure that our
money's secure? What are you going to offer us for $3 million?
And as of right now, those are questions that we can't answer.
And without that request for proposal -- we can meet for another year,
but without a request for proposal, we'll just never know.
So I think that's the most important thing right now. The voucher
system, I'm on Joe's side on that. I didn't vote for it. I think it's just a
Band-Aid for a problem, personally, and a lot of headache to keep
track.
Let's face it, somebody goes riding, how easy is it to go grab
three other receipts from somebody else and say, hey, I took my
family riding? And it's just going to hurt us, because then they're
taking money out of our funds that we could try to be -- partner with
people.
I had mentioned something to Tim about Seminoles, and I think
that's something to look into. The Seminole Indians did have an active
motorcross track. They had it for many years. There was some change
in hands in management, and they ended up closing it down, and that
was a really busy track.
I worked for United Rentals at the time, and we had many pieces
of equipment on rent, and they were there -- I was there all the time
fixing equipment, and the people there -- it was just incredible.
So it's something else I want to look forward -- you know, look in
the future and maybe talking to the Seminoles, see if-- maybe if they
wanted to do something together. That's pretty much all I have to say.
But I think right now the most important thing to the committee
-- and it's been important for the last six month or so, even longer -- is
that request for proposals. We want to know what these four or five
companies are willing to offer.
Without that -- I mean, we could get those requests for proposals
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and look at them and go, ain't worth nothing, and then we need to
move on. But the committee has come together, and we have made
standards, we have made guidelines out of those proposals. They've
got to meet a certain amount of acreage. You've got to have a certain
amount of safety. All that stuffs been in play.
Now we just need to get those proposals and just go down the list
and score them from A to B and hopefully bring them to you and
figure out which ones -- maybe we can do something.
COMMISSIONER FIALA: What was your name, sir?
MR. CLOSE: My name is Jeff Close.
COMMISSIONER FIALA: Pardon me?
MR. CLOSE: Jeff Close.
COMMISSIONER FIALA: Thank you.
MR. CLOSE: Thank you. Thank you for your time.
CHAIRMAN HENNING: Any other committee members?
Please.
MR. WESTGATE: Good afternoon. My name is Greg
Westgate. I'm an ATV Committee Volunteer Member.
And I also, you know, stand here in support of not just, you
know, my kids and myself and the activity that I enjoy, I also support
all the other riders. And just like all other, you know, activities, you
know, people are supportive of one another. And ATV riders seem to
be one kind of big family, and they just have a support for one
another.
When a rider gets injured, you know, even if you don't know that
family or you don't know that individual, it wasn't a personal friend of
yours, it feels like somebody in your family was hurt, and we reach
out to them, so it's a very supportive group.
And I also support what Joe and Jeff was saying, and I would like
to see us -- we've already explored a lot of opportunities and have
narrowed it down to a few items. We've got one individual that's a
pretty strong vote as far as meets all the criteria and is -- it's moving
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forward with opening a park.
COMMISSIONER HILLER: Well, who's that?
MR. WESTGATE: That's Florida Tracks and Trails.
COMMISSIONER HILLER: And who owns that?
MR. WEEKS: That's owned by a corporation partnering with the
individual that manages the land, which the manager of the land is
Terry Cook. The corporation is from -- I'm not sure. I think they're
from Germany. They've invested a large amount of money into the
project. It's moving forward pretty well.
It took a long time for it to get off the ground. A lot of people
had negative things to say about it because it took so long to get
through the -- to this point of permits and engineering.
I don't know if any of you have --
COMMISSIONER HILLER: Where's the -- and forgive me, just
because I'm not sure about this. But where is the Redneck Yacht
Club? Do they have ATV riding there or not?
MR. WESTGATE: The Redneck Yacht Club is --
COMMISSIONER FIALA: Is that -- that's in Lee County, isn't
it?
MR. WESTGATE: Yeah, it's in Charlotte County.
COMMISSIONER HILLER: Oh, it's in Charlotte?
MR. WESTGATE: It's actually on the same road. It's off of State
Road 31 . It's called Bermont Road.
COMMISSIONER HILLER: They have ATV, right? Or not?
MR. WESTGATE: They allow, at certain -- at certain times of
their activities, they have what they call, like, a ride day, like an ATV
ride day, and about every three or four months -- they're only
permitted for certain times of the year to be open. They're not open all
year round. And their thing, more or less, is concerts and stuff--
COMMISSIONER HILLER: I see.
MR. WESTGATE: -- swamp buggies and more of an open
camping concept. But that, as well, is on -- it's on the other side of
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Bermont Road, and Florida Tracks and Trails is to the east -- or to the
west of 31, and the Redneck Yacht Club is to the west of 31 .
COMMISSIONER HILLER: Is it in the same general area, just
on the other side?
MR. WESTGATE: Yep. But --
MR. PELLETIER: Ten miles down the road.
COMMISSIONER HILLER: How many miles down the road?
MR. PELLETIER: Ten miles.
COMMISSIONER HILLER: Ten miles the other way?
MR. PELLETIER: Redneck's 10 miles that way.
COMMISSIONER HILLER: Yeah.
MR. WESTGATE: They have two completely different
concepts as far as business. So I don't if you've read about them. Do
you know about what their businesses do, or have you read about
Florida Tracks and Trails? Have you seen their business plan?
COMMISSIONER HILLER: No.
MR. WESTGATE: They have a pretty extensive business plan
that they supplied to all the committee members and some county staff
to review in efforts to partner with the county in trade for, you know,
the county's money, whether it be the whole amount, a probationary
period with a certain amount of money and, in with partnering,
financially they would manage and maintain the facility, and in trade
we would get -- for the financial part we would be compensated by
discounted rates and free-ride days for a period of time.
The owner said that the money would be bonded for a period of
10 years, and after 10 years, if the relationship wanted to dissolve at
that time, there would be an exchange and, you know, the money
returned to do other things with.
They're currently moving forward and building the project. It
should be opened by July. So to me that's a pretty sort-term solution;
although, there's a lot that goes along with negotiating a contract like
that with the county.
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COMMISSIONER HILLER: Like competitive bidding?
MR. WESTGATE: They're pretty strong. They fit the criteria
the best. They have -- I mean, it's not like there's a lot of companies
building ATV parks, you know. It's pretty localized.
COMMISSIONER HILLER: Yeah.
MR. WESTGATE: And, as well, I wasn't one that supported the
voucher system. I felt that it spent the money without much return, or
none. Investing the money, at least there's a return. Spending the
money, it's spent, it's gone, and you never get it back.
COMMISSIONER HILLER: I think the intent was probably just
to use the income off the principal to support the voucher system.
Isn't that correct, Jeff?
MR. KLATZKOW: That was my understanding, yes.
COMMISSIONER HILLER: Yeah. So the intent wasn't to use
the 3 million, to leave that basically in trust, if you will, and use the
income that that 3 million generated for the vouchers.
MR. WESTGATE: Have you calculated the -- have you done
any calculations on --
COMMISSIONER HILLER: You have to talk to staff about
that.
MR. WESTGATE: Well, I have.
COMMISSIONER HILLER: Talk -- okay. What have they
said?
MR. WESTGATE: At the rate of return, the interest rate on the 3
million was just under $30,000 a year. If the voucher system
supported $20 a rider and a third of-- a third of the registered ATVs --
not only counting the nonregistered ATVs in Collier County, which is
about 3,000 -- if a third of those people took advantage of the voucher
system on a regular basis at $20 a head, and 200 riders a week took
advantage of that for a month, that's -- that's 800 vouchers at $20 a
piece. That's $2,400 a month.
Multiply that times a year and then see how long that $28,000 in
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interest goes. It lasts about a month and a half. You're out of interest
money, and then what do you do? You know, then the riders -- you
know, he's driving out of town like he is now to look for a place to
ride. It costs more in gas to drive outside of town to these facilities
than it would be worth to save $20.
COMMISSIONER HILLER: Jeff, is there a reason you were
given the information that -- you know, that the interest would provide
MR. KLATZKOW: That was just my understanding of the
committee's proposal.
COMMISSIONER HILLER: Okay.
CHAIRMAN HENNING: Anything else?
MR. WESTGATE: If you have questions that I can answer, I'd --
CHAIRMAN HENNING: Any questions?
(No response.)
CHAIRMAN HENNING: Any more speakers? Thank you.
MR. MENENDEZ: Good afternoon, Mario Menendez, speaking
as a committee member.
I was actually one of the supporters of the voucher system. Just a
quick background; I won't bore you with it. It was a thought for short
term, taking a small amount of money that the citizens can use to go
riding wherever they want; not give it to a private park or anyone in
particular. Let the citizens decide where they want to use it.
These are just one of the things that we came up with as a
committee when we were throwing ideas around what to do.
Depending on how you look at it, it could be good, could be bad.
We're a committee, like anyone else. We have different
opinions. Some like the voucher; a lot of us do not. Some want to
partner with private entities; some of us would rather much see a
public entity or a county entity. I, for one, am really supportive of
doing everything we can to find something in this county.
After two years on this committee, it's basically been impossible.
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Some things have come to light: Possibility of working with the
Seminoles. That sounds interesting. That's new. They did have a very
nice facility before. I've been to that facility. That would be very
interesting. It would be in Collier County, or very close to it. I'm not
sure exactly where the park falls on their property.
As far as the Hendry County property, I've been out there, and
that sounds very interesting, too. I understand there will be some
management challenges there versus going to a private company.
Again, these are small steps that will have to be taken in the long run.
None of these ATV parks, whether private or public, go up in a
weekend. This takes years and years and years. And I knew when I
started on this committee that this would be a long, hard road. But
regardless of which way we go, I would ask that you extend the
committee's sunset time for another year so we can continue work on
this project and try to find the best answer we can for the citizens of
Collier County.
Thank you.
CHAIRMAN HENNING: Is there any more public speakers?
MR. MILLER: Yeah. I do have one more registered speaker. I
don't see him here, but I'd like to call the name. Marvin Courtright.
(No response.)
CHAIRMAN HENNING: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yes. As I've listened to everyone --
and it was very interesting. I thank you all for your report and really
working so diligently for a couple years now. It seems like you are
working together as a team, and that's a nice thing to see, too.
This is Commissioner Nance's baby, and I'm glad to hear that he's
been working so well with you, so I'm surely not going to make any
type of a motion.
But I wanted to say some of the things that I heard as you were
talking was that, number one, if it was in cooperation with a park that's
either already existing or about to be existing, we don't have to worry
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about hiring any employees. That's a good thing.
Number two, we don't have to worry about maintenance and
upkeep. That's another good thing.
Then number three, we don't have to worry about any insurance.
That's a great thing. And then the one that Greg Westgate talked
about, bonding; I thought that was an interesting concept. I hadn't even
heard of that before, but that was another good thing. So it sounds like
you've got a lot of good information.
And I like the idea of giving you that extra year that you need to
come up with your final conclusions, working closely with
Commissioner Nance.
Those are my comments.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Yes. I, obviously, support the
opportunity for this committee to go out and explore every type of
arrangement. I don't want to put any restrictions on the committee.
I promised the committee when I first met with them a long, long
time ago and talked to individuals that I would not go in and push an
agenda on the committee. And I've been faithful to that. I have not
gone out and spoken to anyone with any detail exclusive of the
committee.
At this point I'm very willing to become engaged with them if it's
supported by the board to allow them to go into some institutional
partnership arrangements. For example, if they wanted to talk to Lee
County, I would certainly use our office here in Collier to open up
those thoughts. Same with the Seminole tribe in Florida; same with
any other county. But they have done the hard work on the private
opportunities.
So, obviously, we have an opportunity here to talk to a lot of
different things to put together. Basically, what it would amount to is a
best-value arrangement using the resources that we have.
I certainly support Commissioner Henning's, you know, thought
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to go ahead and pursue whatever there is for the county, and I think
the committee does as well. But I think it's time to allow them to go
out and shop this out as a best-value arrangement.
Now, it's going to be really hard to have a competitive bid
because these are not equivalent organizations. They're not equivalent
corporations. They're not equivalent counties.
Everybody is going to have an advantage and a disadvantage.
And we can -- you know, you can discuss each one of them.
But I would like to make a motion at this time to extend the ATV
committee for another year, to direct the county attorney and staff to
assist the committee with development of public/private proposals,
which would mean an RFP or best-value arrangement, and also to
direct the county attorney to assist -- the county attorney and staff to
assist them as well on other public/public arrangements that they may
be able to open up, including but not limited to counties, existing
public parks, the Seminole tribe of Florida, and any other
opportunities that they might identify.
COMMISSIONER HILLER: I'll second that.
CHAIRMAN HENNING: Can you include in your motion to
direct staff to contact the state of Florida and see if the Hendry County
facility can be purchased and allow staff to make a monetary bid on
that facility?
COMMISSIONER NANCE: Certainly, certainly. And my
motion would include at this time tabling the voucher program until
and unless it's reconsidered by the committee.
CHAIRMAN HENNING: Would you further --
COMMISSIONER HILLER: I'll agree to that.
CHAIRMAN HENNING: -- allow staff to check on the zoning
on the Hendry Correctional facility and see if it's appropriate for this
type of recreational use?
COMMISSIONER NANCE: Certainly.
CHAIRMAN HENNING: Okay.
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February 25, 2014
COMMISSIONER NANCE: Any research and -- that's
necessary to explore any opportunities.
CHAIRMAN HENNING: Is that a part of your motion?
COMMISSIONER NANCE: Yes, sir.
CHAIRMAN HENNING: Is that a part of your second?
COMMISSIONER HILLER: Yes.
CHAIRMAN HENNING: Discussion on the motion?
(No response.)
CHAIRMAN HENNING: Zip?
COMMISSIONER FIALA: No. I'll throw a little discussion in.
CHAIRMAN HENNING: Sure.
COMMISSIONER FIALA: While they're -- if they're finding
that they would like to even consider buying the Hendry facility,
maybe they could work out some kind of a -- just an overall idea of
how much it would cost us then to get in there, to --
COMMISSIONER HILLER: Operate it.
COMMISSIONER FIALA: -- and hire the people, and whatever
they have to do in order to bring it up to the level that the riders would
like.
CHAIRMAN HENNING: Well, that's going to come back to --
even if it's viable, and at that time, we might want to solicit a private
person to develop it.
COMMISSIONER HILLER: That's what I was thinking. That's
exactly what I was thinking.
CHAIRMAN HENNING: Okay. So that discussion needs to be
down the road, if we have it at all. But I agree, we need all those
factors.
COMMISSIONER HILLER: Yep. So we have a motion and an
-- that's amended and a second that's amended.
CHAIRMAN HENNING: Yes, ma'am.
COMMISSIONER HILLER: I'd like to have you call the
question.
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February 25, 2014
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Next item?
COMMISSIONER NANCE: Thank you, gentlemen, very much
for your persistence and all your help. Thank you very much.
Item #11F
INVITATION TO BID (ITB) #13-6031, "GILCHRIST WINDOWS,
DOORS, ROOFS AND MISCELLANEOUS SERVICES," TO NR
CONTRACTORS INC., FOR CONSTRUCTION SERVICES IN
THE AMOUNT OF $238,540, TO AUTHORIZE THE CHAIRMAN
TO EXECUTE A CONTRACT WITH THE VENDOR EFFECTIVE
FEBRUARY 25, 2014 - MOTION TO CONTINUE
INDEFINITELY — APPROVED
MR. OCHS: Next item is Item 11F; it was previously 16D1 . It's
a recommendation to award Invitation to Bid No. 13-6031, to Gilchrist
windows, doors, roofs, and miscellaneous services to NR Contractors,
Incorporated, for construction services in the amount of $238,540; to
authorize the chairman execute a contract with the vendor effective
today's date.
Commissioner Henning moved this item from the consent agenda
for discussion.
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CHAIRMAN HENNING: Yeah. I want to get out of the rental
business as soon as possible. The reason I pulled this, and I think --
we don't have somebody that's going to take over this affordable
project, correct, Kim?
MS. GRANT: We did not yet, but we have a request for
proposal all ready to go --
CHAIRMAN HENNING: Right.
MS. GRANT: -- as soon as this rehabilitation is completed.
CHAIRMAN HENNING: Why does this have to be completed
before we do an RFQ --
MS. GRANT: We did.
CHAIRMAN HENNING: -- or RFP?
MS. GRANT: We did do an RFP about a year-and-a-half ago
and got no interest. And the main feedback component was that the
properties were in such shape that it simply wouldn't be feasible for
someone to take them over.
CHAIRMAN HENNING: Okay. That was somebody running it
as-is. Your new request for proposal is going out to not-for-profits
such as Women's Abuse Shelter and St. Matthew's House.
MS. GRANT: Absolutely. It would actually be available for a
for-profit or a not-for-profit.
CHAIRMAN HENNING: Okay.
MS. GRANT: Right.
CHAIRMAN HENNING: And I understand the for-profit.
That's the RFQ that went out -- RFP went out before was for profit.
MS. GRANT: Actually, no. It was also available for
not-for-profits.
CHAIRMAN HENNING: Okay. Well, I talked to Vann.
COMMISSIONER HILLER: Ellison.
COMMISSIONER FIALA: Ellison.
MS. GRANT: Ellison.
CHAIRMAN HENNING: Ellison, had no idea, and he'd like to
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take a look at it.
MS. GRANT: Fantastic.
CHAIRMAN HENNING: The only thing I'm saying is, let's do
the RFP before we do the repairs.
MS. GRANT: Okay.
CHAIRMAN HENNING: Okay. Because any piece of
property, you're going to evaluate it and what you need to do to repair
it. So you might get a proposal to purchase or transfer the property
without expending these monies, or you might get a proposal that says
we'll take it for this amount of money if you do this repair. I'd rather
do that than expend monies.
MS. GRANT: Well, and certainly whatever the board directs us
to do, we will do. I would just like to offer for conversation that that's
essential what we did before.
Now, I understand you're saying that at least Mr. Ellison feels as
though he wasn't aware or whatnot.
CHAIRMAN HENNING: He wasn't aware of it. And, you
know, that's a part of our purchasing staff that needs to reach out to
profit or not-for-profit or potential vendors to say, hey, we have this
out in the street.
MR. OCHS: Yes, sir.
COMMISSIONER HILLER: So, basically, your proposal is that
this be put out --
CHAIRMAN HENNING: Request for proposal to take over the
property.
Kim, do you have anything else?
COMMISSIONER HILLER: Ahead of any of the repairs we
make.
MS. GRANT: I was just double-checking with staff that there
wouldn't be any issues, because they're reminding me that part of the
money available for rehabilitation is an award via the state DEO. So
we already have the award; however, they've confirmed with me that
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February 25, 2014
if we wait a short time to start to take the board's direction, there
would not be an issue.
CHAIRMAN HENNING: Okay. I don't want to invest money
and keep this property. And I know that's your desire, Kim.
MS. GRANT: Right. Good news; we're on the same page.
CHAIRMAN HENNING: Yeah, I want to get out of business.
MS. GRANT: Okay. So, for clarity, we're going to go ahead
and put the RFP out, we're going to see who's interested, we'll have
those discussions, and then we'll make a determination on the
rehabilitation. Is that what I'm hearing?
CHAIRMAN HENNING: We're going to make our decision
based upon what the RFPs come back as.
MS. GRANT: Okay.
CHAIRMAN HENNING: They might want it painted. If you
paint it or put flowers in there; they might want us to do that. I mean,
let's see what we can do to get rid of this property. They might -- part
of the agreement might be giving them a grant to do certain repairs.
But, bottom line is, let's get out of the business as soon as possible.
MS. GRANT: Okay.
CHAIRMAN HENNING: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Just for clarification, then, although
it says it's the urban improvement grant fund, that's money that we've
received to do this kind of work, right?
MS. GRANT: That's correct.
COMMISSIONER FIALA: And also the housing grant fund, so
-- and this is where you were going to take the money from in order to
upgrade and improve this in order to sell it. But we can't switch this
money over to somebody else, can we?
MS. GRANT: Well, let me just double-check on the DEO. It's
dedicated to this property.
UNIDENTIFIED SPEAKER: It's dedicated to the property.
COMMISSIONER FIALA: So, in other words, if we offer it in
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the condition it's in, they're not going to have any money to fix it,
right? But -- and, yet, we're not using taxpayer dollars here, I mean,
per se, our local taxpayer dollars. We're using the grant funds that
we've already got sitting in our funds to be used for this purpose; is
that correct?
MS. GRANT: It is correct that we're using grant funds that are
available. I believe it would be possible for the -- if we're able to
transfer the property sooner rather than later, these grant funds could
still go into that property.
And the larger portion of the funds, the 160,240 are specifically
dedicated to this project via award from the state DEO.
So if it were to be that, at the end of the day after all this is done,
the board chose not to do that, we would just look to re-award those
funds elsewhere.
COMMISSIONER FIALA: What does "elsewhere" mean?
Could you please clarify.
MS. GRANT: To another eligible project.
COMMISSIONER FIALA: So we'd still be in the business until
we get rid of these funds?
MS. GRANT: That's correct.
CHAIRMAN HENNING: So would it be appropriate to
continue this item indefinitely, Leo? Because we still might be doing
this down the road.
MR. OCHS: Yes, sir. I think we could continue indefinitely to
allow us to go out for the RFP and see what results we get and then
give the board all the options.
CHAIRMAN HENNING: Great. I'll make a motion to continue
this item indefinitely.
COMMISSIONER NANCE: I'll second that.
CHAIRMAN HENNING: Second by Commissioner Nance.
Discussion on the motion?
All in favor of the motion, signify by saying aye.
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February 25, 2014
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: (Absent.)
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: I heard Commissioner Hiller vote in
favor of it. No.
COMMISSIONER FIALA: I didn't hear that.
CHAIRMAN HENNING: The motion carries 3-1,
Commissioner Fiala not in favor of the motion.
Item #11G
REQUEST FOR QUOTATION (RFQ) TO JENSEN
UNDERGROUND UTILITIES, INC., IN THE AMOUNT OF
$2,000 PLUS $200 FOR CONTINGENCY FOR A TOTAL OF
$2,200 FOR VIDEO TAPE OF THE CONSTRUCTED GRAVITY
SEWER AT COLLIER COUNTY'S BLUEBILL AVENUE
TURNAROUND AND RESTROOM BEACH PARK FACILITY
AND MAKE A FINDING THAT THE EXPENDITURE
PROMOTES TOURISM - MOTION TO APPROVE STAFF'S
RECOMMENDATION AND ALSO HAVE COUNTY MANAGER
TO DETERMINE IF IT IS COST EFFICIENT TO DO IN-HOUSE
OR OUTSOURCE — APPROVED
MR. OCHS: Commissioners, that takes us now to Item 11G,
which was previously Item 16D4. This is a recommendation to award
request for quotations to Jensen Underground Utilities, Incorporated,
in the amount of $2,000 plus a $200 contingency for videotape for the
construction of gravity sewer at Collier County's Bluebill Avenue
turnaround and restroom beach park facility, and make a finding that
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February 25, 2014
the expenditure promotes tourism.
Commissioner Henning moved this off the consent agenda.
CHAIRMAN HENNING: Yeah. The only -- I just can't find
that this promotes tourism by having a colonoscopy on a sewer pipe.
So maybe somebody else can, but I can't.
COMMISSIONER HILLER: I have a question. Just out of
curiosity, we have our own cameras, don't we? I mean, I thought --
utilities? George? We have our own cameras. I thought we had our
own -- maybe I'm mistaken, I don't know. Maybe it's a different type
of camera, but don't we have our own cameras to tape our pipes?
MR. WILLIAMS: Commissioner Hiller, if I may, just to explain
for -- Dr. Yilmaz may not be familiar with this item. Just explain,
from our point of view -- Barry Williams, parks and recreation
director. This is part of a project related to the Bluebill bathroom.
COMMISSIONER HILLER: Right.
MR. WILLIAMS: And it's just a closeout item. And as you
mentioned, there is a videotaping that needs to occur of the utility
lines as part of a checklist related with Growth Management Division.
COMMISSIONER HILLER: But let me cut to the chase.
MR. WILLIAMS: Yes, ma'am.
COMMISSIONER HILLER: I thought we have the equipment
to do that. We have our own county --
MR. WILLIAMS: Yes, ma'am.
COMMISSIONER HILLER: -- videos. I mean, it's a small
dollar amount, but why waste it if we have our own equipment?
MS. JOHNSSEN: Beth Johnssen, Wastewater Director. We do
have our own in-house equipment. The costs would be very similar for
that.
COMMISSIONER HILLER: So why wouldn't we do it
in-house? Why are we contracting out when we have the trucks, we
have the video equipment, we have the staff who can do it?
I know that we addressed this issue when we were looking at the
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condition of pipes, and we put it out to bid and, you know, staff had
not considered, you know, the two trucks that we own. So, I mean, if
we've got it, why are we doing this?
MS. JOHNSSEN: We do have an established maintenance
program in-house, and as we pull our trucks off of those programs to
do things like this, then we get farther and farther behind.
COMMISSIONER HILLER: But this is, you know, a very small
thing. I don't understand why you would contract out with another --
it just doesn't make any sense.
MS. JOHNSSEN: It is about a day; the costs are similar.
COMMISSIONER HILLER: You would pay the utility
department.
MR. OCHS: Yes, ma'am. They're an enterprise fund.
COMMISSIONER HILLER: I understand. But why not pay our
own rather than go outside if we've got it?
MR. OCHS: Well, as -- I think as Ms. Johnssen said, that takes
them off of other scheduled work, and we pay a private contractor the
same amount.
COMMISSIONER HILLER: How long will this take?
CHAIRMAN HENNING: She said a day. It must be a long
pipe.
MS. JOHNSSEN: It's more about the setup of the equipment and
then that crew returning back again.
COMMISSIONER HILLER: It's odd.
MR. OCHS: In any event, you still have to decide whether it
promotes tourism.
CHAIRMAN HENNING: That's my only thing, you know.
Unless we ask Jack to --
COMMISSIONER COYLE: Well, if we hold it up, it certainly
isn't going to help.
CHAIRMAN HENNING: Unless we ask Jack to put that video
on the Paradise --
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February 25, 2014
COMMISSIONER HILLER: Well, here's the thing. The way -- I
mean, the argument for promoting tourism is, you know, the Bluebill
bathroom was deemed to serve a tourism function, and this is one of
the components of the construction of that bathroom.
CHAIRMAN HENNING: That's what he said.
COMMISSIONER HILLER: Right. And that's why I'm saying,
you know, from the question of whether or not you can use the TDC
dollars, that whole -- that whole project was deemed to be, you know,
a tourist development project. So you can make the argument that
spending that money goes to that end. I mean, my issue was I don't
know why we weren't using our in-house trucks.
CHAIRMAN HENNING: Are you going to make a motion?
COMMISSIONER HILLER: No.
CHAIRMAN HENNING: I don't blame you. I wouldn't either.
I can't -- I can't find a reason.
MR. OCHS: Commissioners, it's part of beach park facility
capital improvement that is authorized by your ordinance by state
statute, and we've always included your capital costs in --
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. And I have a funny feeling
that tourists use those bathrooms.
COMMISSIONER HILLER: They do.
COMMISSIONER FIALA: I mean, not that we -- just our
residents use it. And as long as this is a tourism-related item, I think
we're getting so -- we're micromanaging to the point where we're
killing some of these subjects. I thought we were supposed to be out
of the micromanaging business.
COMMISSIONER COYLE: Oh, no.
COMMISSIONER HILLER: Well, it's not a question of
micromanagement. It's just the --
CHAIRMAN HENNING: It's a legal question.
COMMISSIONER FIALA: You mean, how -- you said the legal
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February 25, 2014
question is why do we pay -- why do we use tourist tax dollars to fix a
tourist bathroom?
CHAIRMAN HENNING: No. You want to convolute the item
by using words that nobody ever said. What I said was, I don't think I
could find that it promotes tourism to scope this sewer pipe. That's
what I said.
COMMISSIONER FIALA: Yes, you did.
CHAIRMAN HENNING: And you're twisting it into something
else.
COMMISSIONER FIALA: No. I don't think I am, but you can
CHAIRMAN HENNING: So Commissioner Nance was next.
COMMISSIONER FIALA: Well, let me just finish now that
you've said that. Do we have to scope this in order to have it
completed?
MR. OCHS: Yes, ma'am. To get final acceptance of the force
main --
COMMISSIONER FIALA: Thank you. Go ahead.
MR. OCHS: Every force main that's constructed anywhere in the
county needs to go through this final acceptance process. It's part of
your utility standards.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER FIALA: Thank you.
COMMISSIONER NANCE: Yes. I -- you know, I think this is
-- it's seems like staff is telling us that this is an integral part of the
bathroom. You know, I realize we want nice clean beaches, and that
are some pollutants that we have out there that we'd rather not have
that we don't have control. But if we have domestic pollutants in the
water out there because we don't have a working bathroom, I don't
think that's going to be good for tourism.
So I'm going to make a motion to support it, and I'm going to just
put it to you like this: I'm going to support doing the videotaping, and
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February 25, 2014
I'm going to ask Mr. Ochs to determine the best spending of the
$2,000, whether it's on this item or in-house. And he can spend the
money however he likes, but that's my motion.
COMMISSIONER HILLER: I support that. I'll second that,
because my concern is, you know, if we can get it done, let's -- you
know, I just don't see how -- yeah, I agree. I'll support that.
CHAIRMAN HENNING: Okay. There's a motion and a second
to approve staffs recommendation and also direct the county attorney
to find out if it's more cost feasible to do it in-house or --
MR. OCHS: County manager.
CHAIRMAN HENNING: Who did I say?
MR. OCHS: County attorney.
COMMISSIONER NANCE: County attorney, sir.
CHAIRMAN HENNING: County manager.
Commissioner Coyle?
COMMISSIONER COYLE: No. You just answered my
question.
CHAIRMAN HENNING: Okay. Any further discussion on the
motion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion signify by
saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
Aye.
Motion carries 4-1 .
Item #11H
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February 25, 2014
A ONE-TIME WAIVER TO THE NEIGHBORHOOD
STABILIZATION PROGRAM ADMINISTRATIVE PLAN, NOT
TO EXCEED AN ADDITIONAL $5,000; TO COMPLETE
REHABILITATION OF 2975 4TH STREET NE IN ORDER TO
DISPOSE OF THE PROPERTY FROM COUNTY OWNERSHIP -
MOTION TO REPLACE STOVE AND REFRIGERATOR AND
REPAIR WELL SYSTEM AS SPECIFIED, AT THE BEST VALUE
AND LOWEST COST — APPROVED
MR. OCHS: Commissioners, that takes us to Item 11H. It was
previously Item 16D8. And it was a recommendation to authorize a
one-time waiver to the neighborhood stabilization program
administrative plan not to exceed an additional $5,000 to complete the
rehabilitation of 2975 Fourth Street Northeast -- it's a single-family
home -- in order to dispose of the property from county ownership.
Commissioner Henning moved this item to the regular agenda for
discussion.
CHAIRMAN HENNING: I think it was a year-and-a-half ago
that we made a decision to dispose of these houses except for the ones
that we had under contract. Is that a correct statement? Was that about
a year-and-a-half ago?
MS. GRANT: It was on December of 2011 .
MR. OCHS: And the motion was to offload everything but the
13 homes that had already been rehabbed and to finish those and get
those sold to private income-qualified owners, sir.
MS. GRANT: That's correct. And this is the last property of
those 13.
CHAIRMAN HENNING: Okay. So it wasn't my understanding
that staff told us we had contracts on these 13?
MS. GRANT: No. I believe that -- I'd have to go back and look
at the plan. But the delineation was whether there had been any
rehabilitation already put into the property, because they were not
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allowed to be transferred to a developer if there was.
CHAIRMAN HENNING: Okay. I just want to provide some
information that I did on the request for the expenditures, and I just
want to put them on the viewer.
MS. GRANT: Okay.
CHAIRMAN HENNING: That's the item as far as the well that
needs to be replaced. It's a pressure switch. They have several of
them on Home Depot that was a median price of $14 and some
change.
I also asked -- and the request to spend up to $1,400 to replace
this switch and do some wiring of the switch, pressure switch.
I had my aide contact a well company and got a quote over the
phone of $150, and that -- the owner of the well company, Golden
Gate Well Drilling, said to Camden, well, that must be a misprint in
the agenda item for that price.
Also in the agenda it states that the refrigerator and stove need to
be in working condition. I'm not sure if we really need to spend the
monies on new appliances. A refrigerator for $900. And I remember
when I bought one for $900, it was a double door and it had a French
door for the freezer. And the stove that I purchased, also a stainless
steel, wasn't $500.
So I just believe that these quotes are misleading, and I want to --
I want the taxpayers to get their best value instead of spending
something on a quote that I don't think is reasonable.
There's no reason why there can't be used appliances put in there.
They just need to be working; is that true?
MS. GRANT: They need to be energy efficient, and they need to
be working.
CHAIRMAN HENNING: Okay. So that's one item that wasn't
reported is it needs to be energy efficient.
MR. OCHS: Commissioner?
CHAIRMAN HENNING: I'm assuming that it would be difficult
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to get used appliances, and I know that most people -- most working
people cannot afford stainless steel appliances. They just get the
white ones. And I'd much rather give the direction to get the best
value. You're going to get that and energy efficiency on new, but I
think white appliances are fine, and I think going out to a well
company for either a quote or repair, you get -- you're going to get a
better bang for your buck.
COMMISSIONER HILLER: I just don't understand why you're
coming up with this and staff didn't.
MR. OCHS: Commissioner?
CHAIRMAN HENNING: They used -- they used electrical
contractors that are -- is, I would imagine, on our approved list?
MS. GRANT: Do you want me to answer that? For the pressure
switch component, we did have a professional handle the installation
of the well. At the time that we had a prospective buyer, we went out
to show the home and realized that the pump apparently had burned
out.
When we sent out for quotes for this to be repaired, the
contractors, electricians, noted that it appeared as though also there
were some issues with the electrical wires.
Now, let me go sideways for just a moment. The objective of this
executive summary was to seek a waiver to allow us to complete the
project. And so we provided estimates for purposes of the amount to
ask for.
What we always do with every property is we identify the
minimum requirements for whatever it is that needs to be done, which
in some cases is code requirements, you know, others, and we do a
have a minimum three-quote process, and select the lowest bidder.
The well switch -- the pressure switch we actually had received,
for planning purposes, two quotations, one for 425, one for 1,500. So
we don't even have our three yet that we would need before we would
make a final decision.
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So at this point in time, if we only went with two bids, we would
go with the lower bid. The executive summary, again, was for
planning purposes. And I certainly apologize if it was misleading.
CHAIRMAN HENNING: So there's no fiscal matter expending
up to a certain amount? You're just asking to finish up -- finish this
out, buy two appliances, and get the well fixed at the best, lowest price
available?
MS. GRANT: Absolutely. We will do it at the best, lowest price
available. What we wanted to do for planning purposes was ask for a
maximum or a not-to-exceed in the event that, when we're doing these
final things, there was some other issue that comes up or whatnot.
But I agree with you. And, in fact, one of the things we prepared
was we took a look at the last three houses where we purchased
appliances, switching over to that subject. And, altogether, they were
totaling around 1,200. We put in our estimate up to 1,800, again, just
to have some flexibility should there be something unusual.
But, again, back on the appliances. We require -- we're required
to do energy efficient, and we do not do stainless steel. We do pretty
basic appliances in the properties.
CHAIRMAN HENNING: So you're asking to replace two
appliances, to install two appliances, a refrigerator and a stove, and
repair the well system, which would be the pressure switch and the
wiring?
MS. GRANT: Correct, at least -- unless they discover something
else when they go to do that. And those would be the minimum
requirements.
We have also asked in the executive summary for additional
funding for other appliances which we customarily have put in the
NSP homes but are not required.
CHAIRMAN HENNING: Okay. Well, I'm willing to make a
motion to approve installing a refrigerator and stove and replace -- or
repair the well system identified, such as the pressure switch and
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wiring, at best value on all three.
MS. GRANT: Very good.
COMMISSIONER NANCE: Second.
COMMISSIONER HILLER: Which -- I mean, it seems to me --
like, as an example, the pressure switch for the installation and
rewiring would be $150, right?
MR. OCHS: Well, that --
COMMISSIONER NANCE: Depends.
CHAIRMAN HENNING: Yeah, I think --
MR. OCHS: The cost --
MS. GRANT: What we would do at this point -- when we're
ready to actually do this, we would put out the notification for quotes.
We would have the folks go out on site and take a look at it, make sure
everything was very clear as to what might be needed, then we would
evaluate them.
And just for further information, within the last year or so we've
implemented a new control on all of our procurement. And one of the
things that happens is a much more extensive cost analysis and
rationale for any purchases under grants, which is approved not only
by our office but by purchasing and also by the County Manager's
Office where they do our grants administration for compliance. So
we're working very hard to make sure that we do achieve the best
value.
COMMISSIONER HILLER: And I think that's the point that
Commissioner Henning was making when he pulled this. It's not the
amount. It's the process and the assurance that there are controls in
place to, in fact, get the lowest possible cost for the highest value
because, you know, very clearly, if the estimate -- estimates you're
getting range from 400 to 1 ,500, and, you know, Commissioner
Henning is coming back with a cost of that being, let's say, 150 --
MS. GRANT: Right.
COMMISSIONER HILLER: -- then there's a problem. And just
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saying you got three bids, you know, if there are people who think that
they can get away with gouging government and the taxpayer in the
process, then we have to have controls in place that counter that.
MS. GRANT: Understood.
COMMISSIONER HILLER: Because three bids in and of itself
doesn't mean that we should accept any of those three bids if none of
them are appropriate, and I think that's the point, just like, similarly,
with the other issue that Commissioner Henning brought forward, I
don't think it's the issue of the amount. It's -- you know, there were
certain questions that, you know, needed validation, just more broader
conceptual questions. These are small examples.
Is that really -- isn't that really your point?
CHAIRMAN HENNING: Yeah. And I think we're all on the
same page.
COMMISSIONER HILLER: I think so, too. I think we all are.
CHAIRMAN HENNING: And we just needed to discuss it a
little bit, that's all.
MS. GRANT: It was a great opportunity, so thank you.
CHAIRMAN HENNING: Yeah, thank you.
COMMISSIONER HILLER: Yeah, thank you.
CHAIRMAN HENNING: There's a motion and a second on the
floor. All in favor of the motion --
COMMISSIONER HILLER: I'll second it. Did you have a
second?
CHAIRMAN HENNING: Yes, Commissioner Nance.
COMMISSIONER HILLER: I'm sorry, forgive me.
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
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COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Item #11I
AN AGREEMENT WITH NCH HEALTHCARE SYSTEM, INC.
FOR COLLIER COUNTY PARKS AND RECREATION TO
PROVIDE WATER SAFETY INSTRUCTION TO COLLIER
COUNTY CHILDREN AGES FOUR TO FIVE - MOTION TO
APPROVE AND ALSO INVOLVE THE SCHOOL BOARD TO
HELP IDENTIFY THE STUDENTS WHO CANNOT SWIM —
APPROVED
CHAIRMAN HENNING: Item 111. It was previously 16D2.
It's a recommendation to approve an agreement with NCH Healthcare
Systems, Incorporated, for Collier County Parks and Recreation to
provide water-safety instruction to Collier County children ages four
to five, and Commissioner Nance moved this item forward for
discussion.
COMMISSIONER NANCE: Yes, thank you.
Mr. Chairman, I moved this item forward for discussion. The
first thing I want to do is I want to make a motion to approve it, but
the reason why I brought it forward to discussion is I think this is a --
is an issue that's not getting enough attention. We've talked about it
several times on the dais.
And I just wanted to point out to the board that from 2000
forward, including the 2013 Collier County Community Health
Assessment, continues to identify the second leading cause of death in
Collier County for young children to be drowning. Every weekend it
seems somewhere in Southwest Florida we have somebody that's
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drowning.
Of course, the effort to work on this has been led by many, many
groups. The most notable, I think -- one of the most notable has been
the Safe and Healthy Children's Coalition. The YMCA has been
involved. Red Cross, parks and recreation, Collier County EMS.
Private firms such as NCH and 21st Century Oncology have been
working on this.
But what I would really like to do is get support from the board
to see if staff would be willing to reach out to Collier district schools
to see if the district schools would be willing to kind of be the nexus
of this effort. And the reason I'm saying that is one of the things we
need to do is we need to identify which of these children can't swim
and aren't getting the opportunity to learn how to swim.
The biggest issue, particularly in my district, is that our ethnic
children have a much, much higher level of missing out on this
training. There's somewhere between 60 and 70 percent of these
young kids in our ethnic communities do not know how to swim.
So I just thought it was worthy of-- I think it's a great agenda
item. Like I said, I make a motion for approval, but I'd like to get
support from the board to maybe --
COMMISSIONER FIALA: Second.
COMMISSIONER NANCE: -- reach out and do something a
little extra, see if we can't get all these folks somehow coordinated.
I've looked at Barry's offerings over the summer, and I'll tell you, I
know there's a lot going in a lot of areas, but sometimes it seems like
it's just kind of piecemealed around, and some of our -- some of the
citizens that we have that need it the most somehow aren't able to avail
themselves of the service.
COMMISSIONER FIALA: And I agree with you, and I think
the hospital and Safe and Healthy Kids are going to be thrilled to hear
what you just had to say, and I'm sure that they will work with us in
any way they can.
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February 25, 2014
CHAIRMAN HENNING: Barry, do you have the resources to
execute the motion?
MR. WILLIAMS: Well, Commissioner -- Barry Williams, parks
and recreation director. I think the key for us is that we're a partner
with 40 other agencies. So I do believe that that entity, the Safe and
Healthy Children's Coalition, our participation in that is where it's key.
Certainly we can advocate that position. I know the school board
is part of that, but there's a lot of us involved. It takes a lot of
organizations involved to do the outreach.
COMMISSIONER NANCE: You know, frankly, Mr. Williams,
the one reason that I brought this up is, you know, there's a lot of
outreach over the holidays for needy kids, and a lot of charities have
gone to the district and said, hey, can you help us identify who the
needy kids are. It's much easier to adopt a family where the teacher
that sees the children every day knows their economic circumstance
and can point us in the right direction.
I would really like to see an inventory of which of our kids can't
swim, and maybe we can work on it that way, you know. I think it
would be a great place to start. I don't know if that would be intrusive
on them, but --
COMMISSIONER HILLER: Can I make a point? There is an
organization in the county that is actively involved in working on
educating kids about water safety and fighting, you know, death by
drowning. And I can, afterwards, give you the name of the gentlemen
in the community who is the lead advocate in that organization.
I believe they probably have a lot of the information you're
looking for that staff could rely on and work with them to coordinate
that initiative. Because I had actually thought of the same thing, and I
appreciate you brought it -- you bringing it forward.
COMMISSIONER NANCE: Thank you, Commissioner Hiller.
You know, I'm certainly not an expert on this effort. But I will tell
you that, for example, the Council of Hispanic Business Professionals
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has identified this issue as a threat to the Hispanic community in
Collier County, because just -- there's some glaring numbers.
MR. WILLIAMS: Commissioner, I would say that we do have --
COMMISSIONER COYLE: Yes.
MR. WILLIAMS: -- we do have the ability to reach out to our
community partners --
COMMISSIONER COYLE: Yes.
MR. WILLIAMS: -- and get involved.
COMMISSIONER HILLER: Call the question.
COMMISSIONER COYLE: Yes.
COMMISSIONER HILLER: You are slow on the uptake today.
Come on.
Thank you, Barry. We appreciate your kind words, and you're
right.
COMMISSIONER COYLE: We could be here till 5 o'clock at
this rate.
CHAIRMAN HENNING: They want to have a discussion.
COMMISSIONER HILLER: We just -- we talked about it.
CHAIRMAN HENNING: No, we've got to be cordial, you
know. He's a new guy.
COMMISSIONER HILLER: He's a new guy? There is nothing
new about him. He's about as old timer as they come.
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: (No verbal response.)
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
COMMISSIONER HILLER: Barry, how should I vote? Up?
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MR. WILLIAMS: Yes, ma'am.
COMMISSIONER HILLER: Yes. I want to incorporate him
and give him the opportunity to participate.
CHAIRMAN HENNING: The motion carries unanimously.
MR. WILLIAMS: Commissioner, thank you.
COMMISSIONER HILLER: Thank you, Barry.
No, it's a very, very serious issue, and I'm really glad that NCH is
doing that for the community.
CHAIRMAN HENNING: Next item?
COMMISSIONER COYLE: Correspondence.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Mr. Chairman, that takes you to Item 15, staff and
commission general communications.
Sir, I have no communication to provide today, but I would like
to, with the board's indulgence and the chair's indulgence, to cede two
minutes of my time to Chris Holly, the executive director of the
Florida Association of the Counties who has been good enough to join
us today. He'd like to address the board for just a moment, if that's
permitted, sir.
CHAIRMAN HENNING: Mr. Holly, welcome.
MR. HOLLY: Good afternoon. It's been a long day for you-all,
so I won't take long. It's been a little over a year since I visited the
chamber last, and I'm actually on a four-county swing this week
visiting some of the Southwest Florida counties. It's a pleasure to be
back to a county I once worked for. Many of you-all know that.
So a lot of things happening. Legislative session kicks off next
Tuesday; I'm sure you're aware of that. A lot of issues dealing with
counties, Department of Juvenile Justice. It seems like every session
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we're kind of battling a billing system that's not working, and it's not
fair. And it was Medicaid, you know, session before last, and now it's
this one.
Water quality's a hot issue for us. I know it is in this county;
something we're going to work hard on. There's a lot of discussion
about water quality in Tallahassee. Homelessness is another hot issue
if you follow the clips around the state. I'm not real familiar with your
situation, but for a lot of our communities, they're struggling with
homelessness issues.
There's always an idea about tax reform. There's a lot of talk
about taxes in Tallahassee. State's resources are getting a little better,
so they're looking at cutting some things. Our members are just kind
of getting their feet under them since the great recession, so we're just
asking the legislation to be mindful of that and look at their revenue
sources and not ours to look at.
So we're off to Washington. We'll have 60 county
commissioners and staff in DC for the NACo legislative conference
starting this weekend. The unique part about this trip is that our own
president, Commissioner Bryan Desloge from Leon County, is one of
only two qualified candidates for the national leadership position of
second vice president of NACo, a gentleman from Delaware who ran
last time. Delaware only has three counties. I feel -- I don't want to
get overzealous. I'm not a campaign expert, but we're looking good
for Florida to have leadership at the national level. It's been over 20
years since we've had someone from Florida in a leadership position.
So those are the highlights of what we're up to. I know some of
you are planning to come to our legislative day.
COMMISSIONER HILLER: I think Commissioner Desloge is
outstanding.
MR. HOLLY: The 26th and 27th of March we'll have our fly-in.
Please come. I know Commissioner Henning and Commissioner Fiala
have served on the consortium. The consortium --
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COMMISSIONER HILLER: Hiller.
MR. HOLLY: Hiller.
COMMISSIONER HILLER: Hiller, Henning. Henning, right.
CHAIRMAN HENNING: And Fiala.
MR. HOLLY: All of you-all have been involved with the
consortium, so I don't want to get in trouble with anyone here.
It's -- Commissioner Henning was at the last meeting and said
some poignant statements about the challenges, of course, the
consortium will have when dollars begin to flow. I'm not sure that it
will be in my lifetime when they actually flow at the pace that the
federal government's going with rules and the settlement of the BP
lawsuit with the Justice Department, but we will be issuing an
invitation to negotiate if the board approves it at our meeting on the
26th of March. That will begin the selection process of someone to
help us put a statewide plan for these BP dollars once they flow.
And we're hopeful that we can get to a point with this board that
we approve a plan and go forward and do some positive things for the
Gulf Coast.
I'm impressed with the 23 Gulf Coast counties working together.
Again, Commissioner Henning was challenging them that he didn't
feel confident that, as 23 elected officials, they were going to be able
to come out of this discussion and split this pie up fairly and equally,
and I thought his comments were on the mark.
So let me quit talking and see if I can answer questions about
what FAC can do for you.
CHAIRMAN HENNING: Let me tell you -- my perception of
my comments, I think I raised some hair on some backs of some of my
colleagues there. The whole point about -- for us to get involved in the
consortium is get in and get out. What the discussion -- in my opinion
what it was is how long can we extend this.
And -- anyways, I think we have experts in the state of Florida
that can advise and make the proper recommendations of where the
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money should go. And, you know, we're elected officials, and I'm not
sure how much we -- how much education we have in the
environment.
MR. HOLLY: Well, I think there's going to be some big
challenges for us. I know that there are folks in your region, the
Everglades folks that are anxious to see some dollars go to some
important projects that would affect the flow of water in and around
the Everglades. I know that there's a number of counties in the north
part of the state who have water-quality issues, stormwater issues.
So I think there's plenty of opportunity to do some good things.
The challenge we've got, and I think Commissioner Henning --
Chairman Henning's on the right track. We're going to have to get
some people that can grade out these projects and help us arrive at the
right distribution system.
So anything I can do to help; always a pleasure to be in Collier
County.
CHAIRMAN HENNING: Any questions for Mr. Holly?
COMMISSIONER HILLER: Just, I would like to say thank you
for all your service to all the counties in Florida, and you've done so
much to advance, you know, the home rule powers of counties, and it
really has been wonderful to have you working on our behalf and to
work with you as you have been working on our behalf.
MR. HOLLY: Thank you very much. And I'm going to hang
around after you're done and see if anybody wants to chat privately.
COMMISSIONER HILLER: That's great. Thank you.
MR. HOLLY: Thank you for your time.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Do you want to tell us about
what's coming up as far as retirement goes?
MR. HOLLY: The state FRS issues?
COMMISSIONER FIALA: No, you.
MR. HOLLY: Me? Well, I've announced to the board that it
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will be 10 years in June of 15 that I've served as the executive director
and over 35 years of service in local government. And I don't know
what God has planned for me, but I'm not going to do this job after
that.
So I'm helping the board go through a succession planning
process that will take us about a year up to -- and the conference that
will be my last conference will be here in Collier County at the
Marriott down on Marco Island, so hopefully all you-all will come
down and --
COMMISSIONER HILLER: Leo, hire him.
MR. HOLLY: Wave goodbye as I --
COMMISSIONER HILLER: Hire him.
MR. HOLLY: -- walk into the --
MR. OCHS: Hire him back.
COMMISSIONER HILLER: That's what I'm saying, hire him
back.
MR. HOLLY: -- into the sunset. Thank you for asking,
Commissioner. It's been a pleasure.
CHAIRMAN HENNING: Thank you.
You really have nothing else?
Oh, Mr. Holly.
MR. HOLLY: Flood insurance.
CHAIRMAN HENNING: Flood, yes.
MR. HOLLY: I don't know how important it is in this county --
CHAIRMAN HENNING: It's very.
MR. HOLLY: -- but we've got a bill out of the House that came
out this week. We've got a Senate bill. Those that are going to
Washington, that's our top priority is to get the House to move on a
bill.
So I know for many of our members it's been a hot issue, and it
looks like something that we're kind of succeeding moving along. So
whenever you are in contact with your delegation members in
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Washington, please encourage them to come to some resolution on
flood insurance, because it's killing our state.
Our governor's been in Washington this week. You've probably
seen him in the clips trying to encourage the president to do something
about it. Big issue. Sorry I forgot to mention it.
CHAIRMAN HENNING: Thank you.
You don't have anything?
MR. OCHS: No, sir.
CHAIRMAN HENNING: County Attorney?
MR. KLATZKOW: Nothing, sir.
CHAIRMAN HENNING: Let's go to ladies first.
Crystal, do you have anything?
MS. KINZEL: No.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Nothing.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: I want to say that it's been a
pleasure working with Commissioner -- by and through Commissioner
Coyle for the course of this meeting, and I think I'm a better person for
the practices that you engage, and I hope that you can carry me
through, you know, the rest of this week and month in a similar
fashion, so I thank you, Commissioner Coyle, for your efforts in
making me a better person.
COMMISSIONER COYLE: You're doing a wonderful job.
COMMISSIONER HILLER: Thank you. Thank you. I hope
one day to reciprocate.
CHAIRMAN HENNING: Anything else?
COMMISSIONER HILLER: No. Great meeting. Thank you
very much.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: No, I'm fine.
CHAIRMAN HENNING: Commissioner Nance?
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COMMISSIONER NANCE: I just wanted to mention one thing.
In the TDC meeting yesterday, we had a brief presentation, a very
brief one, that Mayor Sorey brought forward by their consultant on the
Naples -- the new Naples Park at the southern terminus of the Gordon
River Greenway.
And Matthew Craig, the architect, came and gave a little
rendering, and I think that's really -- looks like it's going to be a super
project. It's going to really bring the -- all the investment of
Conservation Collier to life in completing that project from Naples all
the way up to Freedom Park.
So I hope at some point not too far down the road they will be
willing to bring it to the board and let you take a look at it. For those
of you that haven't seen its latest rendition, it's quite nice.
CHAIRMAN HENNING: Yeah. They're not going to ask for
money, I'm sure, right?
COMMISSIONER NANCE: It's the City of Naples.
COMMISSIONER HILLER: Which means yes.
COMMISSIONER COYLE: Which means yes, they're asking
for money.
COMMISSIONER NANCE: Oh, okay. We'll let Commissioner
Coyle handle that part of it.
CHAIRMAN HENNING: I just have one thing. You know, I'm
asking our -- my colleagues on their feelings. What I have noticed is
the increase of utilization of what is called snipe signs in our
right-of-way, and most of them are events coming forward. They're
either right in the median or in between the sidewalk and the roadway.
I think that's a detraction from our community. It attacks the
character of our community, and it's dangerous for somebody to put a
sign on the median, on a six-lane arterial roadway is ludicrous.
Anyways, I would like something to be done about that, and I
just want to ask if anybody else has any similar concerns about these
snipe signs.
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COMMISSIONER HILLER: I think there are concerns about,
you know, a lot of these commercial signs.
CHAIRMAN HENNING: Well, we have not only commercial
signs, but we also have not-for-profits.
COMMISSIONER HILLER: Well, nonprofits. And that's what
I mean, basically, that type of advertising, the signage that -- whether
it's in sidewalks or medians, it's -- or whether it's someone holding it
or a sign being posted. We have restrictions, isn't that correct, Jeff,
the, you know, time, place, and manner? Don't we have --
MR. KLATZKOW: You can get rid of the snipe signs. It's a
resource issues.
COMMISSIONER HILLER: Can we?
MR. KLATZKOW: Because what happens is you've got a guy
going around in a truck -- Leo, correct me if I'm wrong -- he'll find the
snipe sign, he'll take it away, he'll move on. Then the guy will come
back, put another -- put it right back there. So it's a resource issue.
COMMISSIONER HILLER: But I'm talking -- I'm not talking
about that. I'm talking just generally about restrictions that we have
on --
MR. KLATZKOW: You have very strict sign restrictions.
COMMISSIONER HILLER: Yeah. But it's as strict as we
possibly can make them. Because don't we have to justify them with
some public safety?
MR. KLATZKOW: You have among the most strict sign
regulations in the entire country.
COMMISSIONER HILLER: Understood. But don't we have to
have -- isn't there a limitation on how far we can go?
MR. KLATZKOW: The U.S. Constitution, yes.
COMMISSIONER HILLER: Right, so --
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Yes. Commissioner Henning, I
agree. I don't see that our craftsmen and vendors are so much
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February 25, 2014
offenders. I think it's events. What I see is every time -- you know,
every weekend when there's 10 events, I see 10 different signs all over
town trying to -- you know, they're trying to compete because there
are so many things going on in Naples. I notice more of it during
season than I do out of season.
CHAIRMAN HENNING: Right.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. I also notice help wanted
signs, for sale signs, garage sale signs. And sadly, I'm -- maybe I'm
really bad about this, but every time I see them, I just call code
enforcement, and I say here's more, here's more. They always come up
and pick them up. But, I mean, the only thing I can think of to even
do is just keep reporting them. So maybe we should all do that.
COMMISSIONER COYLE: Excuse me. Why can't our code
enforcement people cite these people and fine them?
CHAIRMAN HENNING: You know, I agree with you, because
putting the onus on county staff to pick up these signs, I know it's easy
COMMISSIONER COYLE: Yeah.
CHAIRMAN HENNING: -- however, you're going to get repeat
offenders over and over again, and there should be more emphasis on
enforcement. If our enforcement laws are not doing it, then we need
to think about something else to enforce it.
COMMISSIONER COYLE: Yeah, because you're right, they'll
just replace them every time you take them down. What you should
do is send a team out to the location where this thing is and just
destroy the location.
MR. OCHS: Put a drone, sir.
COMMISSIONER COYLE: That would put a fast end to this
thing.
COMMISSIONER NANCE: I just want to put it in the public
record that I don't think Steve Fletcher has any napalm in his --
Page 174
February 25, 2014
COMMISSIONER HILLER: I actually --
CHAIRMAN HENNING: Well, I think there's a consensus that
it is a priority of the board to let's do something about it.
MR. CASALANGUIDA: Okay.
CHAIRMAN HENNING: And I definitely don't want to have
staff have to pick up these signs. Be the enforcement. They should
enforce the people who put the signs out as best as possible.
MR. CASALANGUIDA: Sir, if I could, we've discussed that a
little bit, and I'll work with Jeff s office. We have said, a lot of these
people put their phone numbers on the sign. It's almost like you've got
an open invitation to figure out who they are. So I think maybe
putting up an ordinance and some sort of fine that goes with these
signs will deter them from putting them out there, because we can
track who put them out there, so --
CHAIRMAN HENNING: And that's fine, but these event signs
also has a location.
COMMISSIONER NANCE: Don't these events, a lot of times,
have permits?
MR. CASALANGUIDA: They do.
COMMISSIONER NANCE: We need to -- we need to make
sure that they don't -- they're not putting out illegal signs when they
get their permit.
MR. CASALANGUIDA: You're right. Our staff is picking them
up, and it is quite a bit of-- it's a danger for our staff stopping in the
medians, and it's -- the minute we pick them up, a day later -- there
was one recent festival that we took down, I think, 60 of them.
COMMISSIONER NANCE: It's a Friday night/Saturday
morning deal.
MR. CASALANGUIDA: Then next day there were 50 back out.
CHAIRMAN HENNING: Yeah. And all you have to do is -- I
think you're talking about the Strawberry Festival.
MR. CASALANGUIDA: And the Asian Festival and the Greek
Page 175
February 25, 2014
Festival.
CHAIRMAN HENNING: Okay. Yeah. And, you know, just
contact those people and say, get them out. That's a start, anyways.
MR. CASALANGUIDA: Yeah. We've got a plan of action. I
think we'll talk about it with Jeff and bring you back something.
CHAIRMAN HENNING: Okay. Any further business?
Entertain a motion.
COMMISSIONER COYLE: Motion to adjourn.
CHAIRMAN HENNING: Motion by Commissioner Coyle.
Is there a second?
COMMISSIONER NANCE: Second.
CHAIRMAN HENNING: We are adjourned.
**** Commissioner Hiller moved, seconded by Commissioner Fiala
and carried unanimously that the following items under the Consent
and Summary Agendas be approved and/or adopted ****
Item #16A1
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY
FOR PELICAN STRAND PUBLIX PL20130002282 AND TO
RELEASE THE UTILITY PERFORMANCE SECURITY BOND
(UPS) IN THE AMOUNT OF $6,994.93 TO THE PROJECT
ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT
Item #16A2
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR THE QUARRY, PARCEL 3V PL20110001428
AND TO RELEASE THE UTILITIES PERFORMANCE
SECURITY BOND AND FINAL OBLIGATION BOND IN THE
TOTAL AMOUNT OF $15,722. 14 TO THE PROJECT ENGINEER
Page 176
February 25, 2014
OR THE DEVELOPER'S DESIGNATED AGENT
Item #16A3
FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITY
FOR COLLIER AREA TRANSIT (CAT) OPERATIONS AND
ADMINISTRATIVE CENTER, PL20130002620 — THE FINAL
INPSECTION OF THE FACILITY WAS FOUND TO BE
SATISFACTORY AND ACCEPTABLE
Item #16A4
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $139,180 WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR WORK ASSOCIATED
WITH LAKOYA, EXCAVATION PERMIT NO. 60.024,
APPLICATION REQUEST NO. AR-13354 — THE DEVELOPER
HAS FULFILLED HIS COMMITMENTS WITH RESPECT TO
THIS SECURITY
Item #16A5
CLERK OF COURTS TO RELEASE A PERFORMANCE BOND
IN THE AMOUNT OF $283,350 WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR WORK ASSOCIATED
WITH CAMDEN LAKES (PL20120002885) — THE DEVELOPER
HAS FULFILLED HIS COMMITMENTS WITH RESPECT TO
THIS SECURITY
Item #16A6
REMOVAL OF THE VOLUNTEER GROUP, ROCKEFELLER
Page 177
February 25, 2014
LIMOUSINE AS A SPONSOR FROM THE ADOPT-A-ROAD
PROGRAM, FOR VANDERBILT DR. FROM 111TH AVE. N TO
WIGGINS PASS ROAD — DUE TO LACK OF PARTICIPATION
BY THE SPONSOR
Item #16A7
RESOLUTION 2014-34: A JOINT PARTICIPATION
AGREEMENT (JPA) AND RESOLUTION WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) TO
PURCHASE VIDEO DETECTION UPGRADE EQUIPMENT IN
THE AMOUNT OF $304,654 FOR INSTALLATION ON
COLLIER COUNTY TRAFFIC SIGNALS AND THE
NECESSARY BUDGET AMENDMENT
Item #16A8
RESOLUTION 2014-35: A JOINT PARTICIPATION
AGREEMENT (JPA) AND RESOLUTION WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) TO
PURCHASE ARTERIAL MONITORING CAMERAS IN THE
AMOUNT OF $385,640 FOR INSTALLATION ON COLLIER
COUNTY TRAFFIC SIGNALS AND THE NECESSARY BUDGET
AMENDMENT
Item #16A9
A BUDGET AMENDMENT RECOGNIZING REVENUE FOR
PROJECTS WITHIN THE TRANSPORTATION SUPPORTED
GAS TAX FUND (313) IN THE AMOUNT OF $175,959.60 —
REVENUE RECEIVED IS FROM THE TREE FARM ROAD
PROJECT WITHIN THE BRISTOL PINES PUD
Page 178
February 25, 2014
Item #16A10
RESOLUTION 2014-36: THE REMOVAL OF AGED ACCOUNTS
RECEIVABLE IN THE AMOUNT OF $74,464.45 CONSIDERED
UNCOLLECTIBLE OR SHOULD OTHERWISE BE REMOVED
FROM THE FINANCIAL RECORDS OF THE GROWTH
MANAGEMENT DIVISION CONSTRUCTION AND
MAINTENANCE DEPARTMENTS IN ACCORDANCE WITH
RESOLUTION 2006-252 — DATING AS FAR BACK AS 1994
INCLUDING TRADE RECEIVABLES AND NON-SUFFICIENT
FUNDS CHECKS
Item #16A11
A MEMORANDUM OF AGREEMENT (MOA) WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO
SUPPLY UNINTERRUPTIBLE POWER SUPPLY (UPS)
EQUIPMENT FOR INSTALLATION ON COLLIER COUNTY
TRAFFIC SIGNALS — PROJECT FM #429910-1-93-01
Item #16Al2
TWO RELEASES OF LIEN - (1) IN THE ACCRUED AMOUNT
OF $40,290.43 FOR PAYMENT OF $3,740.43, IN SPECIAL
MAGISTRATE CASE NO. CEPM20110011365; AND (2) IN THE
AMOUNT OF $1 ,912.29 FOR PAYMENT OF $112.29, IN
SPECIAL MAGISTRATE CASE NO. CENA20110011385, BOTH
ACTIONS ENTITLED BOARD OF COUNTY COMMISSIONERS
V. URMAS A. KASK AND ROBERT SCHULTZ, RELATING TO
PROPERTY LOCATED AT 121 DORAL CIRCLE, COLLIER
COUNTY, FLORIDA — FINES RELATED TO VIOLATIONS
Page 179
February 25, 2014
REGARDING A POOL AND POOL ENCLOSURES' CONDITION,
WEEDS AND GRASS IN AN EXCESS OF 18 INCHES WHICH
WAS BROUGHT INTO COMPLIANCE ON DECEMBER 27, 2011
Item #16A13
A RELEASE OF LIEN IN THE AMOUNT OF $77,512.47 FOR
PAYMENT OF $21,812.47, IN SPECIAL MAGISTRATE CASE
NO. CESD20110006379 IN THE ACTION ENTITLED BOARD OF
COUNTY COMMISSIONERS V. SOUNDVIEW HOME LOAN
TRUST, RELATING TO PROPERTY LOCATED AT 1381 17TH
STREET SW, COLLIER COUNTY, FLORIDA — FINES ISSUED
FOR AN UNPERMITTED SHED ON THE PROPERTY AND
BROUGHT INTO COMPLIANCE BY SOUNDVIEW ON
NOVEMBER 14, 2013 (217 DAYS AFTER TAKING TITLE)
Item #16A14
A RELEASE OF LIEN IN THE ACCRUED AMOUNT OF
$13, 138.48 FOR PAYMENT OF $1 ,588.48, IN THE CODE
ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY
COMMISSIONERS V. ROBERT J. AND FRANCES SMITH,
SPECIAL MAGISTRATE CASE NO. CEPM20130003331,
RELATING TO PROPERTY LOCATED AT 709 MEYER DRIVE,
COLLIER COUNTY, FLORIDA — FINES FOR AN
UNMAINTAINED POOL AND BROUGHT INTO COMPLIANCE
BY FEDERAL NATIONAL MORTGAGE ASSOCIATION ON
JUNE 27, 2013
Item #16A15
AMENDMENT NO. 1 TO CONTRACT NO. 12C01 WITH THE
Page 180
February 25, 2014
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (FDEP) BUREAU OF BEACHES AND COASTAL
SYSTEMS BEACH MANAGEMENT FUNDING ASSISTANCE
PROGRAM FOR COLLIER COUNTY BEACH MONITORING
(PROJECT NO. 90536) — A PARTIAL REIMBURSEMENT FOR
PERMIT REQUIRED POST-CONSTRUCTION MONITORING
FOR 2011 (5TH YEAR) AND 2013 (7TH YEAR) AFTER THE
INITIAL RENOURISHMENT IN 2005/2006
Item #16A16
A VEHICLE TRADE-IN WITH TAMIAMI FORD, INC., AND
CREDIT $10,200 AGAINST THE PURCHASE OF A NEW 2013
FORD F-750 TRUCK; AND DISPOSE OF THE PROPERTY
PURSUANT TO FLORIDA STATUTE §274 — REPLACING A
2001 INTERNATIONAL 4700 TRUCK WITH AERIAL LIFT
THAT WAS PURCHASED IN 2000
Item #16A17
THE PURCHASE OF THREE EASEMENTS REQUIRED TO
UPGRADE TRAFFIC SIGNALIZATION AT THE
INTERSECTION OF MERCANTILE AVENUE & AIRPORT-
PULLING ROAD. (SIGNALIZATION MODIFICATION PROJECT
NO. 60172.) ESTIMATED FISCAL IMPACT: $13,800 — FOLIO
#00274080005 (105TSE), #00274160006 (106TSE) AND
#26733361003 (107TSE)
Item #16A18
CONVEYING 10 ACRES OF SURPLUS, LAND-LOCKED,
COUNTY-OWNED, VACANT LAND TO THE WINNING
Page 181
February 25, 2014
BIDDER FOR THE SUM OF $11,011 — LOCATED OFF OF
COUNTY BARN ROAD BETWEEN DAVIS BOULEVARD AND
COPE LANE
Item #16A19
RECOGNIZING ADDITIONAL FEDERAL TRANSIT
ADMINISTRATION TITLE 49 U.S.C. § 5305(D) FUNDING
(PREVIOUSLY FOUND AT § 5303) TO THE COLLIER
METROPOLITAN PLANNING ORGANIZATION AND THE
NECESSARY BUDGET AMENDMENTS FOR GRANT
REVENUE IN THE AMOUNT OF $128,781 AND A LOCAL
MATCH IN THE AMOUNT OF $14,309 FOR THE MPO'S
FISCAL YEAR 2013/14 FTA SECTION 5305 PROGRAM
Item #16A20 (Revisions per Agenda Change Sheet)
RESOLUTION 2014-37: AMENDING RESOLUTION 2009-58,
RELATING TO THE STEWARDSHIP SENDING AREA WITH A
DESIGNATION AS "CDC SSA 10"; THE EXTENSION OF
CERTAIN DATES TO MARCH 10, 2015, IN THE
STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR
CDC SSA 10 AND THE ESCROW AGREEMENT FOR CDC SSA
10
Item #16C1
THE RANKINGS OF FIRMS UNDER REQUEST FOR
PROPOSAL #14-6198 DESIGN AND SUPPORT SERVICES FOR
THE COLLIER COUNTY LANDFILL LEACHATE DEEP
INJECTION WELL, AND DIRECTING STAFF TO NEGOTIATE
A CONTRACT WITH THE TOP RANKED FIRM, URS
Page 182
February 25, 2014
CORPORATION, FOR BOARD OF COUNTY COMMISSIONERS'
APPROVAL
Item #16C2
A WORK ORDER UNDER REQUEST FOR QUOTATION #08-
5011-112 IN THE AMOUNT OF $388,919.20 TO MITCHELL &
STARK CONSTRUCTION COMPANY, INC., FOR THE NORTH
COUNTY REGIONAL WATER TREATMENT PLANT HIGH
SERVICE PUMP REPLACEMENT PROJECT NO. 71066 — FOR
REPLACEMENT OF FOUR POTABLE WATER HIGH SERVICE
PUMPS CONSTRUCTED IN 1993
Item #16C3
INVITATION TO BID #14-6197, HAMMERHEAD AND
DESIGNATED DRIVEWAY CONSTRUCTION, TO MULTIPLE
VENDORS IN TWO CATEGORIES, AND TO TERMINATE
CONTRACT #11-5794, SOLID WASTE HAMMERHEAD
CONSTRUCTION — TO PROTECT THE PUBLIC AND
PROVATE PEOPERTY BY PROVIDING TURN-AROUND
CAPABILITY ON DEAD-END STREETS FOR SOLID WASTE
COLLECTION VEHICLES, ALSO USED BY EMS TRUCKS,
FIRE TRUCKS AND SCHOOL BUSES
Item #16D1 — Moved to Item #11F (Per Agenda Change Sheet)
Item #16D2 — Moved to Item #11I (Per Agenda Change Sheet)
Item #16D3
TWO SATISFACTIONS OF STATE HOUSING INITIATIVES
Page 183
February 25, 2014
PARTNERSHIP PROGRAM (SHIP) MORTGAGES ON THE
SAME PROPERTY IN ACCORDANCE WITH THE BOARD'S
SHORT SALE POLICY, ACCEPTING $1 ,000 TO SATISFY A
COMBINED MORTGAGE AMOUNT OF $7,968 ON ONE
PROPERTY — LOCATED AT 1981 48TH STREET SW
Item #16D4 — Moved to Item #11G (Per Agenda Change Sheet)
Item #16D5
ACCEPTANCE OF ADDITIONAL FEDERAL TRANSIT
ADMINISTRATION (FTA) SECTION 5310 GRANT FUNDS IN
THE AMOUNT OF $57,176 THE NECESSARY BUDGET
AMENDMENTS AND PURCHASE OF ONE (1) PARATRANSIT
SUPPORT VEHICLE UTILIZING THOSE FUNDS
Item #16D6
THE STUDENT SCHOOL YEAR AGREEMENT WITH THE
DISTRICT SCHOOL BOARD OF COLLIER COUNTY FOR
TRANSPORTATION SERVICES FOR COUNTY RECREATION
PROGRAM PARTICIPANTS AT AN ESTIMATED ANNUAL
COST OF $5,000 — EFFECTIVE UNTIL JUNE 4, 2014
Item #16D7
ADDING AN ADDITIONAL SERVICE AND COMMENSURATE
RATE TO THE AWARD OF INVITATION TO BID #10-5437 FOR
TEMPORARY CLERICAL SERVICES, AND RETROACTIVELY
APPROVE PAYMENTS FOR THIS SERVICE — ADDITIONAL
MUSEUM STAFF NEEDED FOR ADDITIONAL MARKETING
AND OUTREACH ACTIVITIES RECOMMENDED
Page 184
February 25, 2014
BY THE BOARD
Item #16D8 — Moved to Item #11H (Per Agenda Change Sheet)
Item #16D9
EXTENSIONS OF AGREEMENT WITH THE DAVID
LAWRENCE CENTER, NAMI OF COLLIER COUNTY, INC.
AND THE COLLIER COUNTY SHERIFF'S OFFICE FOR THE
CRIMINAL JUSTICE MENTAL HEALTH SUBSTANCE ABUSE
PROGRAM PROVIDING FOR TIME EXTENSIONS AND
CONTINUITY OF SERVICE — EXTENDING THE
TERMINATION DATE TO JUNE 30, 2014
Item #16D10
FIRST AMENDMENT TO A DISASTER RECOVERY
ENHANCEMENT FUND SUBRECIPIENT AGREEMENT WITH
THE CITY OF NAPLES FOR THE GEORGE WASHINGTON
CARVER APARTMENTS AREA STORMWATER PROJECT
EXTENDING THE TERM OF THE AGREEMENT,
INCORPORATING MONTHLY REPORTING AND NEW
PROVISIONS REQUIRED BY FLORIDA LAW — EXTENDING
THE COMPLETION DATE TO OCTOBER 22, 2014
Item #16D11
AN AMENDMENT TO A SUBRECIPIENT AGREEMENT WITH
THE IMMOKALEE COMMUNITY REDEVELOPMENT
AGENCY PROVIDING A TIME EXTENSION FOR STAFFING
OF A BUSINESS DEVELOPMENT CENTER IN IMMOKALEE
USING COMMUNITY DEVELOPMENT BLOCK GRANT
Page 185
February 25, 2014
FUNDS — ADDITIONAL TIME NEEDED TO RESOLVE
OUTSTANDING COMPLIANCE AND DELIVERABLE ISSUES
ASSOCIATED WITH THE ECONOMIC DEVELOPMENT
ACTIVITY. NEW COMPLETION DATE IS MAY 31 , 2014
Item #16E1
ITB #13-6156, "PC REPLACEMENT," TO CDW-GOVERNMENT
LLC, COMPUTERS AT WORK!, INC. D/B/A VTECH 10, AND
TJL INFORMATION TECHNOLOGIES, INC., FOR THE
PURCHASE OF DESKTOP, TABLET, AND NOTEBOOK
COMPUTERS — PRIMARILY USED BY THE IT DEPARTMENT
Item #16E2
RECOGNIZING CARRYFORWARD FROM ACCRUED
INTEREST EARNED BY EMS COUNTY GRANT REVENUE
AND APPROPRIATE FUNDS FOR A TOTAL AMOUNT OF $56
— FOR THE PERIOD OF OCTOBER 1 , 2013 THROUGH
DECEMBER 31 , 2013
Item #16E3
THE SUBMITTAL OF EMS MATCHING GRANT
APPLICATION AND REQUEST FOR GRANT FUND
DISTRIBUTION TO THE STATE OF FLORIDA DEPARTMENT
OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES
FOR FLIGHT HELMETS IN THE AMOUNT OF $18,137 IN
GRANT FUNDS AND A REQUIRED LOCAL MATCH OF $6,046
— FOR THE PURCHASE OF 12 FLIGHT HELMETS (9 FOR THE
CURRENT CREW AND 3 BACK-UPS)
Page 186
February 25, 2014
Item #16E4
INVITATION TO BID (ITB) #14-6214 FOR TEMPORARY
CLERICAL SERVICES TO PREMIER STAFFING, JURISTAFF,
INC. AND BALANCE PROFESSIONAL, INC., IN NO
PARTICULAR ORDER. ESTIMATED ANNUAL EXPENSES
ARE APPROXIMATELY $90,000 — FOR TRANSCRIPTION
SERVICES ASSOCIATED WITH RECURRING AND SPECIAL
PUBLIC MEETINGS AND TEMPORARY STAFFING
Item #16E5
APPROVAL OF CONTRACTS ASSOCIATED WITH REQUEST
FOR PROPOSAL #13-6164 PROFESSIONAL SERVICES
ARCHITECT AND ENGINEERING; AND THE CHAIRMAN TO
SIGN THE CONTRACTS AFTER FINAL REVIEW BY THE
COUNTY ATTORNEY — AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16E6
THE SUBMITTAL OF AN EMS MATCHING GRANT
APPLICATION AND REQUEST FOR GRANT FUND
DISTRIBUTION TO THE STATE OF FLORIDA DEPARTMENT
OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES
FOR SUPPLIES FOR ACTIVE SHOOTER KITS IN THE TOTAL
AMOUNT OF $42,572 AND REQUIRED LOCAL MATCH FROM
PARTICIPATING AGENCIES OF $10,643 — FOR ASSISTING IN
THE TREATMENT AND EVACUATION OF THE WOUNDED IN
THE EVENT OF A SHOOTING
Item #16E7
Page 187
February 25, 2014
THE STANDARDIZATION OF THE SCOTT SAFETY AIR PAK
75 FOR EMERGENCY PERSONNEL (PURCHASING
ORDINANCE SECTION 18); WAIVING THE FORMAL
COMPETITIVE THRESHOLD (PURCHASING ORDINANCE
SECTION 9); THE PURCHASE OF SEVENTEEN (17) SCOTT
SAFETY AIR PAK 75'S FROM MUNICIPAL EMERGENCY
SERVICES, INC. IN THE AMOUNT OF $111,717.66 FOR THE
OCHOPEE FIRE DEPARTMENT AND ALL NECESSARY
BUDGET AMENDMENTS — TO CONTINUE PUBLIC SAFETY
BY EXPEDITING THE PURCHASE OF SELF CONTAINED
BREATHING APPARATUS FOR THE OCHOPEE FIRE
CONTROL DISTRICT
Item #16E8
ITB #13-6107 — "GASOLINE AND DIESEL FUEL" TO
SEMINOLE TRIBE OF FLORIDA, INC., AS PRIMARY AND
EDISON OIL COMPANY AS SECONDARY; AUTHORIZING
THE USE OF THE SEMINOLE TRIBE OF FLORIDA, INC.
COMMERCIAL REFUELING SITE AT SOUTH HORSESHOE
DRIVE; AND THE CHAIRMAN TO SIGN THE ATTACHED
CONTRACTS
Item #16E9
A LICENSE AGREEMENT WITH SUMMIT BROADBAND, INC.
FOR USE OF A PORTION OF COUNTY-OWNED PROPERTY IN
ORDER TO INSTALL EQUIPMENT NECESSARY TO PROVIDE
CABLE AND INTERNET SERVICE TO THE RESIDENTS OF
PELICAN BAY — PROPERTY LOCATED AT 6652 WATERGATE
WAY, EAST OF PELICAN BAY BOULEVARD
Page 188
February 25, 2014
AND SOUTH OF GULF PARK DRIVE
Item #16E10
INVITATION TO BID (ITB) #13-6060 — EMS MEDICATIONS TO
HENRY SCHEIN, INC. AND BOUNDTREE MEDICAL, LLC;
THE CHAIR TO SIGN COUNTY ATTORNEY APPROVED
PARTICIPATION AGREEMENT WITH COOPERATIVE
SERVICES OF FLORIDA, INC. FOR THE PURCHASE OF
MEDICATIONS AND SUPPLIES WHEN IT IS DETERMINED TO
BE IN THE COUNTY'S BEST INTEREST; AND WAIVE
FORMAL COMPETITION AND STAFF TO PURCHASE ANY
ITEM NOT IMMEDIATELY AVAILABLE FROM EITHER OF
THE APPROVED VENDORS OR COOPERATIVE VENDOR
FROM THE LOWEST COST SOURCE
Item #16E11
A THIRD AMENDMENT TO RADIO TOWER LEASE
AGREEMENT WITH CROWN CASTLE GT COMPANY LLC
REMOVING THE COUNTY'S EQUIPMENT AND REDUCING
THE ANNUAL RENT BY THREE THOUSAND DOLLARS —
LOCATED AT 15571 TAMIAMI TRAIL EAST
Item #16E12
THE ASSIGNMENT OF THE TWO EXISTING SOLE-SOURCE
CONTRACTS NOS. 10-5583 AND 13-6130 FROM SIEMENS
WATER TECHNOLOGIES LLC TO EVOQUA WATER
TECHNOLOGIES LLC, FOR THE PURCHASE OF BIOXIDE
PLUS 71 AND AKTIVOX CHEMICALS — STAFF WAS
Page 189
February 25, 2014
NOTIFIED ON JANUARY 16, 2014 OF THE ACQUISITION OF
SIEMENS BY EVOQUA ON JANUARY 16, 2014
Item #16E13
THE DEPARTMENT OF HOMELAND SECURITY (DHS)
FEDERALLY-FUNDED SUBGRANT AGREEMENT #14DS-C2-
09-21-01-XXX IN THE AMOUNT OF $495,500 FOR THE
DEPARTMENT OF EMERGENCY MANAGEMENT TO
ACQUIRE A MULTI-PATIENT AMBULANCE TYPE VEHICLE
WHICH WAS AUTHORIZED BY THE BOARD ON NOVEMBER
12, 2013 — REIMBURSEMENT DEADLINE IS JUNE 30, 2014
Item #16F1
RFP #13-6109, AUTHORIZING THE CHAIRMAN TO SIGN THE
AGREEMENT BETWEEN COLLIER COUNTY AND MILES
MEDIA GROUP LLLP FOR WEBSITE DEVELOPMENT AND
MAINTENANCE SERVICES FOR THE COLLIER COUNTY
TOURISM DEPARTMENT AND MAKE A FINDING THAT
THIS EXPENDITURE PROMOTES TOURISM
Item #16F2
AWARD FOR CONTRACT RFP #13-6129S, "PROFESSIONAL
STATE LOBBYIST SERVICES," TO GRAYROBINSON, P.A. IN
THE AMOUNT OF $42,000 ANNUALLY — TO ASSURE
ADVOCACY AND REPRESENTATION OF PRIORITIES OF THE
BCC AND CONSTITUENTS
Item #16F3
Page 190
February 25, 2014
RESOLUTION 2014-38: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2013-14 ADOPTED
BUDGET — BUDGET AMENDMENTS: #14-211 AND #14-216
Item #16F4
A REPORT COVERING A BUDGET AMENDMENT (BA)
IMPACTING RESERVES AND MOVING FUNDS IN AN
AMOUNT UP TO AND INCLUDING $25,000 — BA #14-244,
FUNDS NEEDED TO PRINT THE UPDATED CLAM BAY FIELD
GUIDES (PARKS CAPITAL PROJECTS FUND)
Item #16H1
RESOLUTION 2014-39: RE-APPOINTING CAROLYN
COCHRANE TO THE BAYSHORE BEAUTIFICATION MSTU
ADVISORY COMMITTEE
Item #16H2
RESOLUTION 2014-40: RE-APPOINTING STEPHEN C. MAIN
AND ROY WILSON TO THE HALDEMAN CREEK
MAINTENANCE DREDGING ADVISORY COMMITTEE
Item #16H3
RESOLUTION 2014-41 : RE-APPOINTING HELEN CARELLA TO
THE RADIO ROAD BEAUTIFICATION ADVISORY
COMMITTEE
Item #16H4
Page 191
February 25, 2014
RESOLUTION 2014-42: APPOINTING MARIANNE FANNING
TO THE FOREST LAKES ROADWAY AND DRAINAGE
ADVISORY COMMITTEE
Item #16J1
DISBURSEMENTS FOR THE PERIOD OF FEBRUARY 6, 2014
THROUGH FEBRUARY 12, 2014 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J2
DISBURSEMENTS FOR THE PERIOD OF FEBRUARY 13, 2014
THROUGH FEBRUARY 19, 2014 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J3
THE USE OF $5,000 FROM THE CONFISCATED TRUST FUNDS
TO SUPPORT THE GOLDEN GATE SENIOR ACCESS CENTER
— AS REQUESTED BY THE COLLIER SENIOR RESOURCES
ORGANIZATION
Item #16K1
REJECTING A MEDIATED SETTLEMENT AGREEMENT WITH
QUALITY ENTERPRISES USA, INC. — DUE TO A CASE
MANAGEMENT STATUS CONFERENCE ON FEBRUARY 27TH
Item #17A
Page 192
February 25, 2014
RESOLUTION 2014-43: PETITION VAC-PL20130001629, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN A PORTION OF THE 30-FOOT
ROAD RIGHT-OF-WAY, UTILITY AND DRAINAGE
EASEMENT, RECORDED IN OFFICIAL RECORD BOOK 565,
PAGE 29 AND ALSO A PART OF TRACT "OS-1 " OF SATURNIA
FALLS-PHASE ONE, PLAT BOOK 51, PAGES 1 -26 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO
BEING A PART OF SECTION 16, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE SPECIFICALLY SHOWN IN EXHIBIT A
Item #17B
ORDINANCE 2014-06: AMENDING ORDINANCE NO. 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 A
RESIDENTIAL MULTI-FAMILY-12 DISTRICT (RMF-12)
WITHIN THE SANTA BARBARA COMMERCIAL OVERLAY
DISTRICT TO A COMMERCIAL PLANNED UNIT
DEVELOPMENT (CPUD) ZONING DISTRICT WITHIN THE
SANTA BARBARA COMMERCIAL OVERLAY DISTRICT TO
ALLOW UP TO 10,000 SQUARE FEET OF COMMERCIAL USES
FOR A PROJECT TO BE KNOWN AS 7-FOODMART CPUD ON
PROPERTY LOCATED ON THE EAST SIDE OF SANTA
BARBARA BOULEVARD, NORTH OF GOLDEN GATE
PARKWAY IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26
Page 193
February 25, 2014
EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING
AN EFFECTIVE DATE. (PETITION NUMBER PUDZ-
PL20130001352)
Item #17C
ORDINANCE 2014-07: AMENDING ORDINANCE NO. 97-8, AS
AMENDED, RELATING TO THE COLLIER COUNTY FALSE
ALARM ORDINANCE
Item #17D
ORDINANCE 2014-08: AMENDING ORDINANCE NO. 2001-73,
AS AMENDED, THE COLLIER COUNTY WATER-SEWER
DISTRICT UNIFORM BILLING, OPERATING, AND
REGULATORY STANDARDS ORDINANCE, TO MAINTAIN
COMPATIBILITY WITH THE COLLIER COUNTY
CONSOLIDATED IMPACT FEE ORDINANCE, AS AMENDED,
AND TO PROVIDE FOR ADMINISTRATIVE CHANGES
Item #17E
RESOLUTION 2014-44: AMENDMENTS (APPROPRIATING
CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL
REVENUE) TO THE FISCAL YEAR 2013-14 ADOPTED
BUDGET
*****
Page 194
February 25, 2014
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL 1I ISTRI TS UNDER ITS CONTROL
TOM HENNING, C IRMAN
ATTEST
DWIGHT E. BROCK, CLERK
These minu s approved by the Board on 3Ic Sl``4 , as presented
or as corrected .
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC., BY TERRI LEWIS, COURT
REPORTER AND NOTARY PUBLIC.
Page 195