BCC Minutes 04/22/2014 R BCC
REGULAR
MEETING
MINUTES
April 22, 2014
April 22, 2014
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, April 22, 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
Fred Coyle
Donna Fiala
Georgia Hiller
Tim Nance
ALSO PRESENT:
Leo Ochs, County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal Kinzel, Office of the Clerk of Courts
Tim Durham, Executive Manager of Business Operations
Troy Miller, Communications & Customer Relations
Page 1
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
yft L ayf x
'44 ffiS 1
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
April 22, 2014
9:00 AM
Commissioner Tom Henning, District 3 - BCC Chair
Commissioner Tim Nance, District 5 - BCC Vice-Chair; TDC Chair
Commissioner Donna Fiala, District 1 - CRAB Chair
Commissioner Georgia Hiller, District 2
Commissioner Fred W. Coyle, District 4 - CRAB Vice-Chair
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.
Page 1
April 22, 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. March 25, 2014 - BCC/Regular Meeting
C. April 1, 2014 - BCC/Workshop Minutes
Page 2
April 22, 2014
3. SERVICE AWARDS - EMPLOYEE
A. 20 Year Attendees
1) David Fox - Water Distribution,
2) Barbara LaPierre - Traffic Operations,
3) Mark Lindsay - Road Maintenance
B. 30 Year Attendees
1) Pat Lehnhard - Office of Management and Budget
4. PROCLAMATIONS
A. Proclamation celebrating the thirty-fourth anniversary of Know Your
County Government Week. To be accepted by Tish Roland, Wendy
Hodgsen and Kathy Ryan of Collier County University Extension and 4-H
Youth Development and 4-H students. Sponsored by Commissioner Nance.
B. Proclamation designating May 8, 2014 as Cooperative Extension Day in
Collier County recognizing the 100th anniversary of the Cooperative
Extension. To be accepted by Bryan Fluech, OF/IFAS County Extension
Director, Dr. Phil Stansley, Interim Director of SWFREC and Dr. Charles
Vavrina, District Extension Director. Sponsored by Commissioner Nance.
C. Proclamation recognizing May 3 - May 11, 2014 as Tourism Week in
Collier County. To be accepted by Jack Wert, Tourism Director. Sponsored
by Board of County Commissioners.
D. Proclamation designating May 2014 as Drug Court Month in Collier
County. To be accepted by the Honorable Janeice T. Martin, Collier County
Judge. Sponsored by the Board of County Commissioners.
E. Proclamation recognizing National Corrections Officer Week in Collier
County. To be accepted by members of the Collier County Sheriffs Office
Chief Chris Roberts, Captain Beth Richards, Commander Patricia Gifford,
Commander Kevin McGowen and Corrections Officers. Sponsored by the
Page 3
April 22,2014
Board of County Commissioners.
F. Proclamation recognizing April 2014 as Drowning Prevention Month. To be
accepted by the NCH Safe and Healthy Children's Coalition Chair Pat Read,
Dr. Todd Vedeer, board member, Paula DiGrigoli, Executive Director and
support staff. Sponsored by the Board of County Commissioners.
G. Proclamation designating May 1, 2014 as National Day of Prayer. To be
accepted by Senior Pastor Grant Thigpen, New Hope Ministries; Dr. Todd F.
Stearns, First Baptist Church of Naples; and Reverend Beverly Duncan,
Naples United Church of Christ. Sponsored by Commissioner Nance.
5. PRESENTATIONS
A. Recommendation to recognize Duane Neal, Instrumentation and Electrical
Technician, Public Utilities Division, as the Employee of the Month for
March 2014.
B. Presentation recognizing Dr. Joan M. Colfer for her unwavering devotion to
improving the health of every citizen of our community during her
illustrious 14 year tenure as Director of the Collier County Health
Department.
6. PUBLIC PETITIONS
A. Public Petition request from Garrett FX Beyrent, representing members of
the Amalgamated Sign Holders Union, requesting that the Board of County
Commissioners amend the Code of Laws and Ordinances to allow sign
holders to return to their sites.
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 #9 to be heard no sooner than 1:30 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
Page 4
April 22, 2014
9. ADVERTISED PUBLIC HEARINGS
10. BOARD OF COUNTY COMMISSIONERS
A. Request for Reconsideration of Item #16A15, moved to Item #11F, from the
March 25, 2014 BCC meeting titled: Recommendation to direct staff to
bring back an expedited amendment to Land Development Code (LDC),
Section 2.03.07.G.6.b, adjusting the date for program participation regarding
Immokalee Nonconforming Mobile Home Parks to January 9, 2020.
(Commissioner Hiller)
B. Recommendation to direct the County Manager and the County Attorney to
bring back a plan that would allow the development of individual
Commission District Municipal Services Taxing Units (CDMSTUs) for the
purpose of reinvigorating the roadway landscaping beautification program or
other improvements identified by the Board to have a public benefit.
(Commissioner Fiala)
11. COUNTY MANAGER'S REPORT
A. Recommendation to approve submission of a Site Selection Criteria
application to the Florida Department of Veterans' Affairs to be selected as
the location for the State's planned seventh State Veterans' Home and
include an offer of$500,000 in additional cash funding for the project and
approve all necessary budget amendments. (Steve Carvell, Public Services
Administrator)
B. Recommendation to approve a resolution accepting the proposal of STI
Institutional & Government, Inc. (A SunTrust Company) to refinance the
Collier County, Florida Gas Tax Revenue Bonds, Series 2005 in an amount
up to $90,000,000; authorize the County Manager to take such action as is
necessary to lock the interest rate for such Series 2014 Refunding Bond to
achieve a gross debt service savings up to $11,075,000; and provide for an
effective date. (Mark Isackson, Corporate Financial and Management
Services Director)
C. Recommendation to authorize the creation of additional Full Time
Equivalent (FTEs) positions in the Growth Management Division in
response to the addition of fire plan review responsibilities, increased
Page 5
April 22, 2014
customer demand and escalating traffic operations maintenance priorities.
(Nick Casalanguida, Growth Management Administrator)
D. Recommendation to award a construction contract to Quality Enterprises
USA, Inc., for Bid No. 14-6245, Mercantile Avenue Roadway
Improvements (from Airport-Pulling Road to Commercial Boulevard)
Project No. 60188 funded by the Naples Production Park MSTU, in the
amount of$1,185,290.16 and reserve $50,000 on the purchase order for
funding allowances, for a total of$1,235,290.16. (Jay Ahmad,
Transportation Engineering Director)
E. This item continued from the January 28, 2014 BCC Meeting.
Recommendation to approve a County Purchasing Manual establishing
procurement and contract administration procedures that support execution
of the Board's Purchasing Ordinance adopted on December 10, 2013. (Len
Price, Administrative Services Administrator)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
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.
Page 6
April 22, 2014
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to receive and approve the Collier County
Floodplain Management Plan 2013 Progress Report and Action Plan
for 2014.
2) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Del Webb Naples, Parcel 112C,
(Application Number PL20130002713) approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
3) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Ponte Rialto, (Application
Number PL20130002029) approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
4) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Inland Properties One,
(Application Number PL20130002524).
5) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Del Webb Naples, Parcel 102,
Phase 1 (Application Number PL20130001940) approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security.
Page 7
April 22, 2014
6) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Meridian Village Phase 2,
Application Number FP-PL20130002338.
7) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Seneca at Talis Park,
(Application Number PL20130000311) approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
8) Recommendation to approve final acceptance of the private roadway
and drainage improvements for the final plat of Sandalwood
(Application Number AR-8661) with the roadway and drainage
improvements being privately maintained and to authorize the Board
of County Commissioners to accept the plat dedications and to release
the maintenance security in the amount of$164,188.62, in the form of
a Letter of Credit.
9) Recommendation to approve a waiver in accordance with the
guidelines set forth in the Advance Street Name Guidelines policy and
Resolution No. 2012-114 for the placement of advance street name
guide signs along Immokalee Road at the approaches to Quarry
Drive/Woodcrest Drive.
10) Recommendation to approve a release of lien with an accrued value of
$67,562.47 for payment of$1,512.47, in the Code Enforcement action
entitled Board of County Commissioners v. John W. Rodgers Jr.,
Special Magistrate Case No. CEPM20110016125, relating to property
located at 5580 Cynthia Lane, Collier County, Florida.
11) Recommendation to approve a release of lien with an accrued value of
$15,035.43 for payment of$4,235.43, in the Code Enforcement action
entitled Board of County Commissioners v. Abraham & Sweeney PA
TR Grant Family Land Trust, Special Magistrate Case No.
CEPM20120006351, relating to property located at 15134 Brolio
Page 8
April 22, 2014
Lane, Collier County, Florida.
12) Recommendation to approve a release of lien with an accrued value of
$102,212.38, for payment of$1,662.38, in the Code Enforcement
action entitled Board of County Commissioners v. China Pavilion,
Inc., Special Magistrate Case No. CEPM20120008709, relating to
property located at 5325 Coronado Parkway, Collier County, Florida.
13) Recommendation to approve a release of lien with an accrued value of
$197,112.56 for payment of$2,112.56, in Code Enforcement Action
entitled Board of County Commissioners v. Allan Perdomo, Special
Magistrate Case No. CEPM20100017929, relating to property located
at 1990 50th St. SW, Collier County, Florida.
14) Recommendation to approve a release of lien with an accrued value of
$71,867.87 for payment of$2,000, in the Code Enforcement action
entitled Board of County Commissioners v. Allan Perdomo, Special
Magistrate Case No. CESD2008001 05 1 1, relating to property located
at 1990 50th St. SW, Collier County, Florida.
15) Recommendation to approve a release of lien with an accrued value of
$169,082.29 for payment of$12,082.29, in the code enforcement
action entitled Board of County Commissioners v. Saddlebrook
Apartments, LLC, Code Enforcement Board Case No.
CEPM20120009999, relating to property located at 8625 Saddlebrook
Circle, Collier County, Florida.
16) Recommendation to recognize additional Federal Transit
Administration (FTA) Title 49 U.S.C. §5305(d) funding to the Collier
Metropolitan Planning Organization (MPO) and to authorize the
necessary budget amendments for grant revenue in the amount of
$128,419 and a local match in the amount of$14,269 for the MPO's
fiscal year 2014/15 FTA §5305 program.
17) Recommendation to award ITB #14-6254 for the Traffic Signal
Upgrade at the intersection of Airport-Pulling Road and Mercantile
Boulevard to Highway Safety Devices, Inc., in the amount of
$307,047.50 for Project #60172.
Page 9
April 22, 2014
18) Recommendation to increase the annual expenditures for Contract
#11-5677 "Growth Management Division Planning and Regulation
Staffing" to NOVA Engineering and Environmental, LLC and
approve a budget amendment from Fund 113 to pay for these
contracted services.
19) Recommendation to approve and execute a Local Agency Program
Agreement with the Florida Department of Transportation, in which
Collier County would be reimbursed up to $355,957 for the
construction of sidewalks in Immokalee, and to authorize the
necessary budget amendment and a Resolution authorizing execution
of the LAP Agreement (Project #33329).
20) Recommendation to approve a resolution superseding Resolution
2013-216, providing for updates to the Collier County Growth
Management Division/Planning and Regulation Fee Schedule with an
effective date of June 1, 2014, decreasing fees for building permit
development-related application, processing, review, and inspection
fees, and selected planning and zoning review and related inspection
fees.
21) Recommendation to endorse a Collier County-sponsored initiative for
the development of a statewide coalition to address Federal
Emergency Management Agency (FEMA) issues impacting Florida
local governments and their citizens, and to approve accompanying
Resolution.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners (BCC) as
the Community Redevelopment Agency approve submittal of a
Community Development Block Grant application to Collier County
to fund the Bayshore Gateway Triangle CRA Fire Suppression
Infrastructure System Upgrade Project in the amount of$375,000.
C. PUBLIC UTILITIES DIVISION
1) Recommendation to approve the Access and Utility Easement
Agreement with Collier Land Development, Inc., for the acquisition
Page 10
April 22, 2014
of an Access and Utility Easement to accommodate the construction
of a wastewater force main, and to approve reimbursement for
expenses incurred for revisions and permitting fees to the property
owner's water main civil engineering plan, for a total cost not to
exceed $15,000, Project Number 70044.
2) Recommendation to approve the Access and Utility Easement
Agreement with Minto Sabal Bay, LLC for the acquisition of an
Access and Utility Easement at its appraised value to accommodate
the construction of a wastewater force main, and accept a Right of
Entry at no cost that gives permission to perform construction
activities on a portion of property adjacent to the proposed easement,
at a total cost not to exceed $33,450, Project Number 70044.
3) Recommendation to approve a work order for $627,206 to Douglas N.
Higgins, Inc., under Request for Quotation #08-5011-114 for
Underground Utility Contracting Services for the Master Pump
Station 306 Force Main Phase 1 project, Project Number 70044.
4) Recommendation to reject all bids received for Invitation to Bid #13-
6167 for Generator Maintenance, Repair and Installation.
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve Amendment No. 1 to the subrecipient
agreement with the City of Naples providing a time extension for its
Community Development Block Grant Wheelchair Accessible Play
Structure Project.
2) Recommendation to approve the Second Amendment to the Home
Investment Partnership Program Subrecipient Agreement with
Community Assisted and Supported Living, Inc., for the Multi-Family
Property Acquisition Project, providing for project updates.
3) Recommendation to approve an amendment to the Federal Transit
Administration Section 5307 FY13 Program of Projects and approve a
budget amendment recognizing recovery of funds in the amount of
$16,362 in connection with bus wrap removal on three Collier Area
Page 11
April 22, 2014
Transit (CAT) buses.
4) Recommendation to approve a Substantial Amendment to the
Emergency Solutions Grant FY2013-2014 Action Plan redirecting
funds from St. Matthew's House to The Shelter for Abused Women
and Children and approve a subrecipient agreement in the amount of
$79,584 to fund shelter operations.
5) Recommendation to approve the purchase of an ADA beach access
wheelchair and wildlife proof trash/recycling containers and make a
finding that this expenditure promotes tourism.
6) Recommendation to approve an agreement between the National
Down Syndrome Society and Collier County to conduct the Fifth
Annual Buddy Walk at North Collier Regional Park on October 25,
2014.
7) Recommendation to approve the First Amendment to the subrecipient
agreement with Habitat for Humanity for the Community
Development Block Grant Faith Landing Infrastructure Project to
clarify the project scope and reporting requirements.
8) Recommendation to authorize payment of a $1,790.21 invoice for the
public's use of Sovereignty Submerged Lands at Caxambas Boat Park,
approve submittal of the 2013/2014 Florida Annual Wetslip Revenue
Report to the Florida Department of Protection and authorize the
Chairman to sign the Revenue Report Certification.
9) Recommendation to authorize a budget amendment, in the amount of
$116,300, to fund the South Marco Restroom replacement and to
make a finding that the project expenditure promotes tourism.
10) Recommendation to authorize a budget amendment in the amount of
$85,500, to fund the Clam Pass Park Tram Station replacement and to
make a finding that the expenditure promotes tourism.
11) Recommendation to approve an Amendment and an Attestation
Statement with Area Agency on Aging for Southwest Florida, Inc.
d/b/a Senior Choices of Southwest Florida for the Alzheimer's Disease
Page 12
April 22, 2014
Initiative program to ensure continuous funding for FY 2013/2014.
12) Recommendation to approve and authorize the Chairman to sign an
amendment to the FY 2013-2014 State Aid to Libraries Grant
Agreement to meet deliverables requirements as required by the State.
13) Recommendation to approve a Resolution consenting to the transfer
of an Affordable Housing Multifamily Development known as
Saddlebrook Village Apartments located on Davis Boulevard and
approving an Assignment and Assumption of the Affordable Housing
Density Bonus Agreement and a termination of the Affordable
Housing Density Bonus Agreement on March 24, 2015, the date upon
which the fifteen year affordability period expires.
14) Recommendation to reject the only proposal received for Request for
Proposal #14-6202 Museum Bus Tours for the Museums.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to award Invitation to Bid (ITB) #14-6200 for the
supply and installation of raised flooring to facilitate the installation of
technology upgrades in the Courthouse courtrooms, in the amount of
$92,817, to EZ-AXEZ, LLC; and authorize the Chairman to sign the
contract.
2) Recommendation to approve a Resolution authorizing the Chairman
to execute Deed Certificates for the sale of burial plots at Lake
Trafford Memorial Gardens Cemetery during the 2014 calendar year.
3) Recommendation to accept the report concerning the sale, donation of
items, and disbursement of funds associated with the County surplus
auction held on March 29, 2014, and to approve a resolution
authorizing the County Manager, or his designee, to perform the
ministerial function of executing certificates of title for County-
Owned vehicles sold or set for sale at future auctions, donations or
trade-ins.
4) Recommendation to approve additions, deletions, and reclassifications
to the 2014 Fiscal Year Pay and Classification Plan made from
Page 13
April 22, 2014
January 1, 2014 through March 31, 2014.
5) Recommendation to authorize the Chairman to execute an Agreement
with Edison State College and Medical Career Institute to provide
EMS Department supervised skill training and internship experience
to students enrolled in Emergency Medical Services Technology
Programs.
6) Recommendation to approve a Lease Agreement with East Naples
Fire Control and Rescue District for EMS Department's use of Station
20.
7) Recommendation to approve a Lease Agreement with Health
Management Associates (HMA) for EMS Department's use of space
at Physicians Regional Medical Center on Collier Blvd.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to accept and approve the completed alternative
water and sewer impact fee calculation and approve a reimbursement
of water and sewer impact fees in the amount of$76,457.50 to
Randall Benderson Trust as a result of the alternative impact fee
calculation.
2) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2013-14 Adopted Budget.
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to reappoint two members to the Tourist
Development Council.
2) Recommendation to reappoint one member to the Forest Lakes
Roadway and Drainage Advisory Committee.
Page 14
April 22, 2014
3) Recommendation to approve an Interlocal Agreement and a Lease
Agreement with the North Naples Fire Control and Rescue District
(NNFD) addressing coordination between the County and the NNFD
regarding Fire Plans Review and providing the District with work
space for its Fire Plans Review staff in the Growth Management
Division's offices. (Commissioner Henning)
4) Recommendation to approve an Interlocal Agreement (ILA) with
Golden Gate Fire Control and Rescue District (GGFD) providing that
the County assume fire plans review duties on behalf of ENFD and
the County's dependent fire districts, including Isles of Capri,
Ochopee and Collier Fire District One, and authorizing the ENFD Fire
Chief or his designee to act as the approving authority over fire plans
review for the County's dependent fire districts. (Commissioner
Henning)
5) Recommendation to approve an Interlocal Agreement (ILA) with East
Naples Fire Control and Rescue District (ENFD) providing that the
County assume fire plans review duties on behalf of ENFD and the
County's dependent fire districts, including Isles of Capri, Ochopee
and Collier Fire District One, and authorizing the ENFD Fire Chief or
his designee to act as the approving authority over fire plans review
for the County's dependent fire districts. (Commissioner Henning)
MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation that the Board accepts the investment update report
for the quarter ended March 31, 2014.
2) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of April 3, 2014 through
April 9, 2014.
3) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of April 10, 2014 through
April 16, 2014.
Page 15
April 22, 2014
K. COUNTY ATTORNEY
1) Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners against
Gilbert Hippolite in the Circuit Court of the Twentieth Judicial Circuit
in and for Collier County, Florida, to recover damages incurred by the
County for the repair of a County owned message board in the amount
of$16,572.85, plus costs of litigation.
2) Recommendation to ratify and approve a stipulated Final Judgment as
to Publix's interest in Parcels 113FEE and 1 13TCE as part of the US-
41 / Collier Boulevard Intersection Improvement project (Project No.
60116) Fiscal Impact: $4,768.
3) Recommendation to approve and authorize the expenditure of up to
$3,000 for mediation services for Court Ordered Mediation in the
matter of Collier County and Ted Smallwood's Store, Inc. v. Florida
Georgia Grove LLP (Case No. 11-1640-CA).
4) Recommendation to approve an after-the-fact agreement with St.
Matthew's House for catering services at the 2014 RSVP Volunteer
Appreciation Luncheon held on March 20, 2014.
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.
Page 16
April 22, 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. Recommendation to approve Petition VAC-
PL20130002593 to vacate a portion of the 25-foot drainage easement being
a part of Lot 2, Nature Pointe, as recorded in Plat Book 20, pages 20 through
22, of the public records of Collier County, Florida, also being a part of
Section 35, Township 49 South, Range 25 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
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 Mobile Home (MH) zoning
district to a Residential Planned Unit Development (RPUD) zoning district
to allow up to 44 residential dwelling units for a project to be known as the
Dockside Planned Unit Development. The subject property is located east of
Collier Boulevard (CR 951) on Henderson Creek Drive in Section 3,
Township 51 South, Range 26 East, Collier County, Florida consisting of
6.0± acres; and by providing an effective date (PUDZ-PL20130001163).
C. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2013-14 Adopted Budget.
D. Recommendation to adopt an Ordinance proposing amendment to the Collier
County Growth Management Plan, Ordinance 89-05, as amended,
specifically amending the Potable Water sub-element of the Public Facilities
Element to amend Policy 1.7 to reference the updated Ten Year Water
Supply Facilities Work Plan, and furthermore recommending transmittal of
the adoption amendment to the Florida Department of Economic
Opportunity (CPSP-2013-7).
18. ADJOURN
Page 17
April 22, 2014
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 18
April 22, 2014
April 22, 2014
COMMISSIONER NANCE: Ladies and gentlemen, we're
waiting for the arrival of our chair, but we're going to go ahead and
begin today's April 22nd Board of County Commission meeting.
We're going to begin with the invocation and the Pledge of
Allegiance, with the invocation delivered by Reverend Beverly
Duncan from the Naples United Church of Christ.
(Applause.)
Item #1
INVOCATION AND PLEDGE OF ALLEGIANCE
REVEREND DUNCAN: Let us pray.
Still creating God, God of many names, in the spirit of this day
and every day that you have made, may we rejoice in the unity of
prayer and in your gift to us of life, love, faith, and freedom. May we
never take them for granted.
We come in prayer this morning to you, oh, God, and as our
citizens are called on May 1st to a National Day of Prayer, may it be a
time of sincerity and a deep communion with you. Keep us from
practicing the sometimes divisive forms of religion instead of seeking
your power and presence and following your call and being your face
to others.
Through your ever-dynamic spirit at work in each of us, may we
find the strength needed for this day of commission deliberations and,
indeed, every day. Amen.
COMMISSIONER NANCE: Commissioner Fiala, would you
lead us in the pledge, please, ma'am.
COMMISSIONER FIALA: I'd love to.
(The Pledge of Allegiance was recited in unison.)
COMMISSIONER NANCE: That takes us to approval of today's
regular, consent, and summary agenda.
Page 2
April 22, 2014
Item #2A
APPROVAL OF 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: Good morning, Mr. Vice Chair, members of the
board. With the board's indulgence, I'd like to go through the
proposed agenda changes for the Board of County Commissioners'
meeting of April 22, 2014.
The first proposed change is to continue Item 16D2 to the May
13, 2014, BCC meeting. That change is made at Commissioner Fiala's
request.
(Chairman Henning is now present.)
MR. OCHS: We have three agenda notes this morning,
Commissioners. The first agenda note has to do with Item 11E.
There's a phrase that was deleted from the title of the executive
summary, and that title should read, "Recommendation to approve a
county purchasing manual establishing procurement and contract
administration procedures that support execution of the board's
purchasing ordinance adopted on December 10, 2013, and direct the
county attorney to prepare the necessary resolution of adoption for
signature by the chair. That addition is made at both the staff and the
county attorney's request.
The next agenda note has to do with Item 16D7 on your consent
agenda. There's an add-on phrase to Section 9.B.5 of the subrecipient
agreement between Collier County and the Habitat for Humanity, and
that additional phrase reads, "For 12 or more home-assisted units
pursuant to 24 CFR 92.354." That addition is made at the staffs
request.
And the final agenda note has to do with Item 16H4, and that is
Page 3
April 22, 2014
to correct a typographical error in the executive summary title,
"Regarding fire plan review agreements between the board and the
Golden Gate Fire Control and Rescue District," and the change is
noted, instead of the acronym ENFD, it should be changed to GGFD
for Golden Gate Fire District. That correction is made at staffs
request.
Commissioners, also a note that we'll be having lunch at 12
o'clock this afternoon with the students from the Know Your County
Government program, and that lunch will be on the fifth floor of this
building.
We have two time-certain items on the agenda today.
The first time-certain item is Item 11C that will be heard at 10
a.m., and the second time-certain item is Item 11E, and that is
scheduled to be heard at 10:45 a.m., and, as usual, you have your court
reporter break set for 10:30 a.m. and 2:50 p.m. if necessary. Item 7,
your public comment on general topics, is heard no sooner than 1 p.m.
And those are all the changes that I have today, Mr. Chair.
CHAIRMAN HENNING: Thank you.
County Attorney.
MR. KLATZKOW: No changes, sir.
CHAIRMAN HENNING: Commissioner Coyle, any further
changes to today's agenda or ex parte on today's consent or summary
agenda?
COMMISSIONER COYLE: I have no further changes to the
agenda; however, I have ex parte disclosure for 16A6. I had meetings
with Tim Hancock and Mike Metcalf on June the 13th of 2013, and I
received some emails, and they're in my file.
CHAIRMAN HENNING: Thank you.
Commissioner Fiala, good morning. Do you have any changes to
today's agenda or ex parte communication?
COMMISSIONER FIALA: Good morning. No, I have no
changes, no corrections on the consent agenda; Item No. 16A2,
Page 4
April 22, 2014
correspondence and emails and updates from the staff. 16A -- oh,
there's nothing there. Hold on just a minute. Let me look through my
whole list here.
16A5, I just had correspondence and emails and, again, updates
from staff; 16A6, correspondence and emails and calls, updates from
staff, and spoke with Tim Hancock on June 12th last year.
And I -- oh, and on 17B, which is the summary agenda, I had
meetings, correspondence, emails, updates from staff, and a meeting
with Rich Yovanovich, Wayne Arnold, and Karl Keener.
CHAIRMAN HENNING: Thank you. I do not have any
changes to today's agenda.
Ex parte, 17B, I received planning staffs report to the Planning
Commission.
Good morning, Commissioner Hiller. Do you have any further
changes to today's agenda or any ex parte communication?
COMMISSIONER HILLER: I do. I'd like to move 16A21 to the
general agenda. I have no disclosures on consent. And on summary, I
received the staff report and reviewed it for 17B.
MR. OCHS: Mr. Chairman, that item will become 11F on your
regular agenda.
CHAIRMAN HENNING: Okay. Thank you.
Good morning, Commissioner Nance. Thank you for conducting
the meeting in my absence.
COMMISSIONER NANCE: No problem, sir. My pleasure.
Glad to have you this morning.
Mr. Chairman, I have an emergency add-on agenda item that I
would like to present to the board for its consideration. It was brought
forward as a result of information that became available after 5 p.m.
on Good Friday. And I have hard copies, and I've also sent electronic
copies to members of the board and others in the community. The
item is involving the consent order and cease and desist order between
Florida Department of Environmental Protection and the Dan A.
Page 5
April 22, 2014
Hughes Company oil well operations in Golden Gate Estates.
I would like to also request that this item not be heard before 1 :30
this afternoon so that citizens of interest can plan on commenting on
this item, that we have an open process regarding this agenda item.
On ex parte, I have no ex parte on today's consent agenda.
On the summary agenda, I have received the staff report on Item
17B regarding the Dockside planned unit development.
Nothing else, Mr. Chairman.
CHAIRMAN HENNING: Okay. I see in my in-box I received,
prior to 9 a.m., your add-on. Is there an executive summary to the
add-on?
COMMISSIONER NANCE: Yes, sir. It's been delivered to you
electronically, and I will also give hard copies to the board.
CHAIRMAN HENNING: Thank you.
Okay. Did you give your ex parte communication?
COMMISSIONER NANCE: Yes, sir.
CHAIRMAN HENNING: Okay.
COMMISSIONER NANCE: Mr. Ochs, which -- what item will
the add-on be, sir?
MR. OCHS: Commissioner, the add-on will be Item 11C under
Board of County Commissioners. I'm sorry, 10C; my apologies. IOC,
Board of County Commissioners.
CHAIRMAN HENNING: Okay. Any further changes to today's
agenda?
(No response.)
CHAIRMAN HENNING: Seeing none, all in -- I'll entertain a
motion to approve today's agenda as amended.
COMMISSIONER HILLER: Motion to approve --
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER HILLER: -- today's agenda as amended.
CHAIRMAN HENNING: Motion by Commissioner Hiller,
second by Commissioner Fiala.
Page 6
April 22, 2014
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.
Now we go to?
Page 7
Proposed Agenda Changes
Board of County Commissioners Meeting
April 22, 2014
Continue Item #16D2 to the May 13, 2014 BCC Meeting: Recommendation
to approve the Second Amendment to the Home Investment Partnership
Program Subrecipient Agreement with Community Assisted and Supported
Living, Inc., for the Multi-Family Property Acquisition Project, providing for
project updates. (Commissioner Fiala's request)
Note:
Item 11E: Revise the Executive Summary title to read: Recommendation to approve a County
Purchasing Manual establishing procurement and contract administration procedures that support
execution of the Board's Purchasing Ordinance adopted December 10,2013, and direct the County
Attorney to prepare the necessary Resolution of adoption for signature by the Chair.
(Staff and County Attorney's request)
Item 16D7: Section 9.B.5 of the Subrecipient Agreement Amendment between Collier County
Housing, Human and Veteran Services and Habitat for Humanity of Collier County is revised to
include the following additional language: Pursuant to HUD letter dated January 8,2014 from
Steven A. Bales, Labor Relations Specialist,this project is not required to meet Davis Bacon
requirements unless HOME funds are utilized in the project, for 12 or more HOME assisted units
pursuant to 24 CFR 92.354. (Staffs request)
Item 16H4: Executive Summary title corrected to read: Recommendation to approve an Interlocal
Agreement(ILA) with Golden Gate Fire Control and Rescue District (GGFD) providing that the
County assume fire plans review duties on behalf of ENFD GGFD and the County's dependent fire
districts, including Isles of Capri, Ochopee and Collier Fire District One, and authorizing the
ENFD Fire Chief or his designee to act as the approving authority over fire plans review for the
County's dependent fire districts. (Staffs request)
Commissioners will be attending lunch with the Know Your County Government Teen Citizenship
Program in the 5th Floor Conference Room-Administration Building-from 12:00 to 1:00 p.m.
Time Certain Items:
Item 11C to be heard at 10:00 a.m.
Item 11E to be heard at 10:45 a.m.
4/22/2044 N:59 AM
April 22, 2014
Item #2B
MINUTES FROM THE MARCH 25, 2014 BCC/REGULAR
MEETING — APPROVED AS PRESENTED
MR. OCHS: Item 2B, sir, which is the approval of the minutes
of the Board of County Commissioners' meeting of March 25th, 2014.
COMMISSIONER NANCE: Move to approve.
CHAIRMAN HENNING: Motion by Commissioner Nance.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Second by Commissioner Fiala.
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.
Item #2C
MINUTES FROM THE APRIL 1, 2014 BCC/WORKSHOP
MEETING — APPROVED AS PRESENTED
MR. OCHS: Item 2C is approval of the Board of County
Commissioner workshop minutes of April 1 , 2014.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER HILLER: (No verbal response.)
CHAIRMAN HENNING: Motion by Commissioner Fiala,
seconded by Commissioner Hiller.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
Page 8
April 22, 2014
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
Now we have the privilege of having employee service awards.
Would the board members please join me in front of the dais.
MR. OCHS: Commissioners, we're pleased to honor three
employees this morning celebrating 20 years of service with county
government. Our first recipient from Water Distribution, 20 years of
service, is David Fox. David?
(Applause.)
CHAIRMAN HENNING: Good morning. Thanks for your
service.
MR. FOX: Yep. Thank you.
COMMISSIONER HILLER: Congratulations. Thank you for
your service.
COMMISSIONER COYLE: Congratulations.
COMMISSIONER FIALA: Thanks.
COMMISSIONER NANCE: Thank you.
CHAIRMAN HENNING: Turn around and get a picture.
MR. OCHS: Back up a little bit, David.
MR. FOX: Back up a little bit? Hold this up like this. Smile.
(Applause.)
MR. OCHS: Thanks, David.
(Applause.)
Page 9
April 22, 2014
MR. OCHS: Celebrating 20 years of service with our Traffic
Operations Section, Barbara LaPierre. Barbara?
(Applause.)
CHAIRMAN HENNING: Good morning. Congratulations.
COMMISSIONER HILLER: Congratulations. Thank you for
your service.
COMMISSIONER COYLE: Good morning. Thank you.
COMMISSIONER FIALA: Thanks so much for your service.
(Applause.)
MR. OCHS: Congratulations.
Celebrating 20 years of service with Road Maintenance, Mark
Lindsay. Mark?
(Applause.)
MR. LINDSAY: How you doing?
CHAIRMAN HENNING: We're doing great. Looks like you're
doing well. Congratulations.
COMMISSIONER HILLER: Congratulations. Thank you for
your service.
COMMISSIONER FIALA: Thank you so much.
COMMISSIONER COYLE: Congratulations.
MR. LINDSAY: Say cheeseburger, right?
(Applause.)
Item #3B
EMPLOYEE SERVICE AWARDS — 30 YEAR ATTENDEES
MR. OCHS: Commissioners, we're pleased this morning to
celebrate an employee's 30 years of service with county government,
one of the linchpins of our Office Management and Budget, Pat
Lehnhard. Pat?
(Applause.)
Page 10
April 22, 2014
CHAIRMAN HENNING: Thank you.
COMMISSIONER HILLER: Thank you so much.
MS. LEHNHARD: Thanks, Donna.
COMMISSIONER COYLE: Thank you very much.
(Applause.)
MR. OCHS: And that concludes our service awards this
morning. Thank you, Commissioners.
Mr. Chairman, that takes us to Item 4 on your agenda this
morning, proclamations.
CHAIRMAN HENNING: Yes. Please, go ahead.
Item #4
PROCLAMATIONS — ONE MOTION TO ADOPT ALL
PROCLAMATIONS
Item #4A
PROCLAMATION CELEBRATING THE THIRTY-FOURTH
ANNIVERSARY OF KNOW YOUR COUNTY GOVERNMENT
WEEK— ADOPTED
MR. OCHS: Item 4A is a proclamation celebrating the 34th
anniversary of Know Your County Government Week. To be
accepted by Sara Jamhour from Naples High School; Jake LaRochelle
from Barron Collier High School; and Kenny Igarza from Lely High
School. If you'd step forward and receive your proclamation.
(Applause.)
MR. OCHS: Come on up. Scrunch in tight.
All right.
(Applause.)
MS. JAMHOUR: Good morning. I'm Sara Jamhour. I'm a
Page 11
April 22, 2014
sophomore from Naples High School.
MR. LaROCHELLE: Good morning. I'm Jacob LaRochelle.
I'm a sophomore from Barron Collier High School.
MR. IGARZA: Good morning. I am Kenny Igarza. I am a junior
from Lely High School.
MS. JAMHOUR: We wish to thank the commission, county
manager, all participating county officials, the constitutional officers,
and adults from 4H, the League of Women Voters, and the Collier
County Public Schools who have worked together to make the Know
Your County Government program possible.
MR. LaROCHELLE: Twenty-six teens from throughout the
county are participating this year representing Barron Collier, Naples,
Golden Gate, Lely, and Immokalee high schools.
MR. IGARZA: And some of the things we learned this year was
that -- we learned a little bit about the history of the Collier County
through the Collier County Government and the fact that the highest
point in Naples resides in the county landfill and, finally, that -- and,
finally, that we're feeling really secure within this building, thanks to
the great job that the facilities management has been doing so far.
(Applause.)
MS. JAMHOUR: What impressed me most, personally, was
learning how interconnected all the building and processes are to one
another, how, like, the health department, county landfill, water
treatment plant, tax collector, and more all have integral roles in our
community.
MR. LaROCHELLE: Today we are also looking forward to
continuing through the rest of seeing most of this County
Commissioners' meeting, then we are going to go over to meet the
Clerk of Courts and see how all these documents that are very
important to the wheels of justice are kept, and then we're going to
meet with a courtroom judge so we can actually hear more about these
important judicial processes, and then we're going to have lunch with
Page 12
April 22, 2014
you commissioners and hopefully get to know you on a more personal
level.
MR. IGARZA: In addressing the board, we were able to add
another component to our learning process, so thank you for your
support.
(Applause.)
CHAIRMAN HENNING: Thank you.
Next proclamation.
Item #4B
PROCLAMATION DESIGNATING MAY 8, 2014 AS
COOPERATIVE EXTENSION DAY IN COLLIER COUNTY
RECOGNIZING THE 100TH ANNIVERSARY OF THE
COOPERATIVE EXTENSION — ADOPTED
MR. OCHS: Item 4B is a proclamation designating May 8, 2014,
as Cooperative Extension Day in Collier County recognizing the
100th anniversary of the cooperative extension. To be accepted by
Brian Fluech, OF/IFAS County Extension Director, and Dr. Calvin
Arnold, the Director of the Immokalee Research and Education
Center.
Gentlemen, if you'd please step forward and receive your
proclamation.
(Applause.)
MR. FLUECH: Could we get the whole staff up for a picture?
MR. OCHS: Sure. If it's okay with the chair.
MR. FLUECH: Could we get the whole staff up for a picture?
COMMISSIONER HILLER: Sure. Oh, absolutely. We'd love
that.
COMMISSIONER NANCE: We're also joined this morning by
Dr. Phil Stansley and Dr. Fritz Roka from the Southwest Florida
Page 13
April 22, 2014
Research and Educational Center.
As always, gentlemen, welcome.
CHAIRMAN HENNING: Thanks. How'd you know I needed a
pen?
MR. FLUECH: 100th anniversary pen.
COMMISSIONER HILLER: Oh, cool. Thank you.
COMMISSIONER NANCE: Thank you, sir. I appreciate it.
Here, Brian.
COMMISSIONER HILLER: That's really nice.
(Applause.)
MR. FLUECH: Commissioners, on behalf of my staff and the
volunteers that we work with and train, we want to recognize and
thank you for your support for this proclamation. I think -- those of us
that are in OF/IFAS are very proud of this 100th anniversary, and we
fully recognize that it would not happen without local support.
We do have offices in all 67 counties, and I'm very fortunate --
with the staff I have, we are very active in Collier County. And,
granted, I probably will not be here for the next 100th anniversary, but
I certainly hope, with the partnerships that we do have, it will.
And I do want to recognize, as I said, Calvin Arnold, because
another part of OF/IFAS not only is the extension but the research that
goes behind it. And particularly for our agricultural industry, which is
absolutely a pivotal stone -- or a cornerstone for this community.
I want to recognize Calvin. If you'd come up and say a few
words, too, about the research center, because that's certainly a fix in
the county as well.
COMMISSIONER FIALA: And could you tell people what
IFAS means?
MR. FLUECH: Yes. So if you're not familiar with IFAS, this is
the Institute of Food Agricultural Sciences, and it is housed at
University of Florida. Granted, that is up in Gainesville but, like I
said, we have extension offices in all 67 counties. We also have
Page 14
April 22, 2014
research centers in 12 locations around the state, and we are fortunate
enough in the county to actually have one out in Immokalee as well.
And the whole purpose of extension is just that, taking this
research-based information and applying it to the communities.
Here in Collier we're very fortunate because, yes, we work in the
field of agriculture, which most people think of traditional extension,
but we also have programs focusing on 4H youth development, as you
just heard with Know Your County Government; family nutrition
program; horticultural. A lot of people have questions about their
landscapes. I work on sea grant and fisheries issues, and a little bit of
everything in between, small farms.
So very active in the community. And, again, it would not
happen without your support, so I appreciate it.
And, Calvin, if you want to say a word.
DR. ARNOLD: Thank you very much, Commissioners, for this
honor that you've proclaimed today.
It's great to be back in Southwest Florida. I was here for 10
years, back 1985 to '95 when the research and education center was
formed in Immokalee.
I'm looking forward to renewing our collaboration with you as
we attempt, as Brian said, to generate new technologies and extend
those technologies to support agricultural businesses and entities in
Collier County.
I also would like to take this opportunity to thank the commission
for your support of the legislative budget request that's in Tallahassee
right now. As a matter of fact, it's my understanding the conference
committee convened last night.
COMMISSIONER HILLER: They did.
DR. ARNOLD: And we've got our fingers crossed that there will
be some new funding to support the center. And we wish you the very
best in your other legislative budget requests, and we've all got our
fingers crossed.
Page 15
April 22, 2014
And I look forward to working with you, and please don't hesitate
to call on us, because we want to ramp up our collaboration with the
commission. And thank you very much for this honor today.
CHAIRMAN HENNING: Thank you.
(Applause.)
CHAIRMAN HENNING: Commissioner Fiala has a question.
COMMISSIONER FIALA: Just one little thing, and that is a
number of us have been working very hard with people in Tallahassee
to try and make sure that the funding comes here. We can never make
sure, but we certainly have placed some well-meaning pleas that they
fund this. And it was Commissioner Nance, Commissioner Hiller, and
myself. So I just wanted you to know we've been working behind the
scenes for you, too.
COMMISSIONER NANCE: Yes, Mr. Chairman. I would like
to particularly thank Commissioner Fiala and Commissioner Hiller for
their work when they were in Tallahassee on behalf of the Institute of
Food and Agricultural Sciences.
Just for everybody's benefit, I would like to just give you a little
bit of information and let you know how important this institution is to
us in Collier County and actually nationally.
The Institute of Food and Agricultural Sciences research and
development covers the natural resources industries that have over a
$133 billion economic impact in the state of Florida and are directly
supporting of 1 .6 million jobs in the state of Florida.
This program at IFAS is ranked number one in the nation by the
National Science Foundation as recently as 2008. According to the
USDA, the median rate of return on public investment in U.S.
agriculture is over 40 percent, which translates to a cost-benefit ratio
of one to 10; meaning for every dollar invested, it returns $10 in
benefits.
Nationally, the University of Florida has outstanding rankings.
They currently rank 12th in a national ranking of research and
Page 16
April 22, 2014
development spending related to the 30 top public universities with
research and development spending of $740,000,000.
Nationally, if you include private research institutions, they rank
18th in the nation, ahead of MIT and the University of California at
Berkeley.
So thank you so much. It's a very important institution.
Congratulations on your service, and we really look forward to
working with you closely. Thank you so much.
DR. ARNOLD: Thank you.
(Applause.)
Item #4C
PROCLAMATION RECOGNIZING MAY 3 - MAY 11, 2014 AS
TOURISM WEEK IN COLLIER COUNTY — ADOPTED
MR. OCHS: Mr. Chairman, that takes us to Item 4C, which is a
proclamation recognizing May the 3rd through May the 11th, 2014, as
Tourism Week in Collier County. To be accepted by Jack Wert,
Tourism Director. And this item is sponsored by the entire Board of
Commissioners.
(Applause.)
MR. WERT: Thank you, Mr. Chairman, County Commissioners.
Thank you so much for this recognition.
As many of the statistics show in this proclamation, tourism is
certainly one of the most important industries here in Collier County.
Over 34,000 people in our community are employed directly or
indirectly in this industry, hospitality and tourism.
And that has been growing, really. For the past 27 months, we
have seen more jobs added in this sector each and every month. It's
one of the big reasons that last year Governor Scott did recognize
Collier County as having the highest job growth in the state of Florida.
Page 17
April 22, 2014
We certainly are very proud of that -- to certainly be a part of that
growth.
This proclamation we will be presenting to the tourism industry
on May the 6th. That's the day of our 12th Annual Tourism Star
Awards Luncheon. That's going to be at New Hope events center on
Davis Road. Certainly all the commissioners are invited to attend, if
you're able. Also that afternoon something new we've added to that
celebration, and that is a tourism industry rally also at the New Hope
events center, and we're inviting the public. We're inviting families of
all the tourism industry partners to join us as well. We'll have, looks
like, about 20-plus attractions, museums, and so forth with an exhibit
so that the general public can really understand what it is that we have
here in our own community to offer visitors, and it certainly is to the
benefit of our citizens as well.
So, again, we thank you very much for this proclamation and this
recognition of this industry, and a thanks, really, from all of the
citizens, I think, of Collier County that our visitors really do help us
save money. Our citizens this year will pay about $700 less in taxes
because we had visitors coming here spending money in our
community.
Thank you so much.
(Applause.)
CHAIRMAN HENNING: Thank you.
Item #4D
PROCLAMATION DESIGNATING MAY 2014 AS DRUG
COURT MONTH IN COLLIER COUNTY — ADOPTED
MR. OCHS: Item 4D is a proclamation designating May 2014 as
Drug Court Month in Collier County. To be accepted by the
Honorable Janeice T. Martin, Collier County Judge, and this item is
Page 18
April 22, 2014
sponsored by the entire Board of County Commissioners.
Judge Martin.
(Applause.)
JUDGE MARTIN: Mr. Chairman and fellow commissioners,
thank you so much for the privilege of recognizing us. I am Judge
Janeice Martin, and it is, to use the word again, a tremendous privilege
to over the Collier County Adult Drug Court.
Our motto is "Changing and saving lives through honesty,
personal responsibility, and recovery." And I was noting with my
participants -- and we've also got clinicians and probation all
represented here today -- that it's really a wonderful day in the
criminal justice system when a group of young people who have had
challenges such as these have are brought before our elected leaders
and congratulated for their efforts to overcome those challenges.
These are the people Mr. Wert just referenced that were working
to serve all these tourists. They were very happy to have great jobs
this year because of the efforts of this commission to set an
atmosphere in which they can thrive and recover.
Just a few words about what drug court is. Our participants are
citizens with drug-related felony charges, most often possession of
drugs or things like theft and pawning to pay for the habit.
Our program's entirely voluntarily. If the state attorney approves
somebody for admission into the court, the participant accepts,
willingly, a suspended sentence of anywhere from one to four years in
prison, and they exchange that for the promise that they will perform
with us for two years of very intensive probation.
Most -- well, actually, most don't make it. We're just barely
starting to see numbers over 50 percent of success in our program. It's
extremely intense. Accountability is at the core of every single move
they make for those months with us. A strict curfew, daily meetings
of AA, NA, or a similar group, group sessions starting out at a
frequency of three times a week, weekly court appearances with yours
Page 19
April 22, 2014
truly, individual counseling as needed, and constant random testing.
Accountability, accountability, accountability.
Most importantly, they pay for all that. They pay -- they work in
our jobs, and they pay for their own treatment. They take
responsibility for their treatment, they own it, and that is where we see
the results.
Our goal is to assist them in achieving a lasting recovery, not just
a stretch of sobriety so they can get off probation, but a lasting
recovery that allows them to become contributing members, reunited
with their family, their children, supporting their children, being good
employees and even good bosses. We get them out of the criminal
justice system and keep them out with this program.
All of this translates to a substantial savings for the people of
Collier County; savings in crimes that don't happen, savings in jail
nights and prison nights that don't have to be spent, savings in tax
dollars that are paid by working individuals, savings all around.
The citizens, the businesses, and the government of Collier
County wins big with drug court. And for all of those reasons, we're
so grateful to each of you for your support and to the larger
community.
Thank you.
CHAIRMAN HENNING: Thank you.
(Applause.)
JUDGE MARTIN: We'll clear your room here.
CHAIRMAN HENNING: Next proclamation?
Item #4E
PROCLAMATION RECOGNIZING NATIONAL CORRECTIONS
OFFICER WEEK IN COLLIER COUNTY — ADOPTED
MR. OCHS: Yes, sir, Mr. Chairman.
Page 20
April 22, 2014
Item 4E is a proclamation recognizing National Corrections
Officer Week in Collier County. To be accepted by Sheriff Kevin
Rambosk, Chief Chris Roberts, Commander Kevin McGowan, and
several of our corrections officers. And this item is sponsored by the
Board of County Commissioners.
If you'd please step forward.
(Applause.)
CHAIRMAN HENNING: These are the men and women we
never see. Hopefully never have to.
(Applause.)
SHERIFF RAMBOSK: Good morning, Chairman, members of
the Commission.
I just want to take a moment to thank you for the recognition of
men and women who -- I don't know who said it on the dais, but -- we
don't get to see each and every day. The corrections element of law
enforcement is one of the most difficult and challenging elements that
we provide, because our men and women go in each and every day to
face the worst of Collier County.
They are responsible for their care, custody, and control, and to
make sure that, more importantly, the rest of our agency members and
the community can sleep at night. We are responsible for an average
of 900 inmates on any given day.
And I just am very proud and want to recognize their
professionalism, and thank you for recognizing their professionalism
as well.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: Thank you.
SHERIFF RAMBOSK: Thank you.
(Applause.)
Item #4F
Page 21
April 22, 2014
PROCLAMATION RECOGNIZING APRIL 2014 AS DROWNING
PREVENTION MONTH — ADOPTED
MR. OCHS: Item 4F is a proclamation recognizing April 2014
as Drowning Prevention Month. To be accepted by the Naples
Community Hospital Safe and Healthy Children's Coalition Chair, Pat
Reed; Dr. Todd Vetter, Board Member; Paula DiGrigoli, Executive
Director and support staff.
This item is sponsored by the Board of County Commissioners.
(Applause.)
COMMISSIONER FIALA: You guys have done such a great
job, I'll tell you.
(Applause.)
MS. DiGRIGOLI: Good morning. My name is Paula DiGrigoli.
I'm the Executive Director for the NCH Saving Healthy Children's
Coalition.
On behalf of the advisory board, the 50-plus agencies that form
the coalition, and the many thousands of children that the coalition
serves, I want to thank you for proclaiming April Drowning
Prevention Month.
Unfortunately, drowning continues being the leading cause of
death of children ages 1 to 4 in Collier County and also in Florida.
But our coalition continues working together with many agencies to
prevent these senseless tragedies.
Our coalition has implemented many, many, initiatives from the
-- since four years ago when the coalition was created. One of our
programs is SWIM Central. SWIM Central is a program where we
take 3, 4, 5, and 6-year-olds to an aquatic facility for 10 days for a half
hour per day.
So far this year, we had done -- in total, the number of children
that we had done is over 1,200 children that have been able to
participate in this life-saving program. This program is thanks to the
Page 22
April 22, 2014
generous contributions of the Wine Festival, the Naples Children's and
Education Foundation, and 21st Center Oncology.
One of the programs that we are very proud and that we have
been able to implement is -- and it's also because of the great support
of Commissioner Donna Fiala and Barry Williams from Parks and
Recreation is the life jacket loaner program. The program was
implemented after a drowning death of a two-year old girl during the
summer. That was a Friday before 4th of July; Daniella Vasquez (sic)
was a little girl. She was having a barbecue with her family in Sugden
Park.
After the barbecue was done, the family was cleaning up, and
Daniella, unfortunately, drowned.
Our coalition immediately called to action, and we formed a
committee where Commissioner Fiala was very instrumental, and
Barry Williams, and we started looking about what could we have
done to prevent this senseless tragedy. And we found out that Alaska
had this program for many years with great success where they have
life jacket loaner programs for people to use. And they were able to
give us the graphics and everything.
And U.S. Coast Guard auxiliaries are the ones who are
inspecting, on a monthly basis, the life jackets.
Everybody came together, and we have Jeff Bell and Rick Darby
from parks and recreation who built wonderful -- the tracks, and they
are here, the stands. And now we have five locations in Collier
County where there are 20 life jackets where people can borrow them.
And if they take them, so be it, they can take them, and hopefully we'll
save them, you know, to being one of the statistics.
We have met with the City of Naples, and it looks like they're
going to be -- we're going to be implementing the program. Galady
Jack (sic) sales have been very instrumental for us to raise the money,
and it's not going to cost anything for the community; only it's going
to be savings lives.
Page 23
April 22, 2014
Another program that I want to share is the Hot Summer Nights,
Make a Slash was April 11 . We had North Naples Fire Department,
EMS, Sheriffs Office, the City of Naples; many of the community
came together, the American Red Cross, and we had 500 high
schoolers and middle schooler from Collier County come into the
water park this summer, the Sun 'N Fun Lagoon to learn CPR and to
learn what to do in case of an emergency.
Lastly, I want to invite everybody -- on June 20th we're going to
break the world -- Guinness world record to host the largest swimming
lesson for a day. This event happens all around the world, and we
have a feeling that we have a good chance to break the Guinness
world record, which is going to be June 20th at 11 in the morning at
the Sun 'N Fun Lagoon.
Thank you so much. Together we can continue and hopefully
achieve and maintain zero drowning rate in Collier County.
Thank you.
(Applause.)
COMMISSIONER FIALA: Could I just say a word?
CHAIRMAN HENNING: Yes, thank you.
COMMISSIONER FIALA: Just a little bit of a pat on the back.
Paula has been just instrumental in guiding this along. Dr. Vetter
has supported her every step of the way. And a few of us have also
been working on this committee. And I just want to give a big pat on
the back to our parks and rec department. How they came up with the
design and built this -- these racks to hold these life jackets, I'll never
know, but they did a superb job. They don't fall over. They stand tall.
And the guys -- they're so proud of their work. People have come in
to support this by donating to be able to buy these life jackets.
We have life jackets -- there's 20 on a stand, and then we have 20
in waiting in case some of them disappear. We're happy to see -- if
they happen to disappear, possibly somebody needed them to save
their life at another time.
Page 24
April 22, 2014
And we have life jackets at South Beach, at Tigertail, at Sugden
Park, at Clam Pass, at Vanderbilt, and then now we're going to have --
with three in the city, right? And we're happy to see that there's going
to be some at the pier. You're hearing about it before they're up, but
we're going to be moving forward with that pretty quickly, and
another one is going to be at Lowdermilk.
And where's the third one, Paula?
MS. DiGRIGOLI: It's going to be next to the beach club hotel in
the public parking lot.
COMMISSIONER FIALA: That is very good. And we have
three different auxiliaries that are working with us. They go out and
check these things all the time, plus our own parks people come out
once a week just to make sure everything is there and replaced if
they're missing. So I just want to thank you again for all your efforts.
And give them a big hand, our parks and rec, Paula, NCH.
(Applause.)
Item #4G
PROCLAMATION DESIGNATING MAY 1, 2014 AS NATIONAL
DAY OF PRAYER — ADOPTED
MR. OCHS: Item 4G is a proclamation designating May 1,
2014, as National Day of Prayer. To be accepted by Senior Pastor
Grant Thigpen, New Hope Ministries; Dr. Todd F. Stearns, First
Baptist Church of Naples; and Reverend Beverly Duncan, Naples
United Church of Christ. This item is sponsored by Commissioner
Nance.
If you'd please step forward.
(Applause.)
DR. STEARNS: Good morning, ladies and gentlemen of the
board and ladies and gentlemen of our community. I'm Todd Stearns,
Page 25
April 22, 2014
the Associate Pastor for Worship and Music at First Baptist Church of
Naples.
It's an honor to receive this proclamation by the board on behalf
of our faith community regarding the May 1st National Day of Prayer.
We appreciate this thoughtful acknowledgment of the value of
seeking after the Lord on behalf of our county, our state, and our
nation, and especially on behalf of all of our men and women of the
military that are defending our freedom in the world.
As a representative of First Baptist Church of Naples and our
Senior Pastor, Dr. Wicker, I would like to invite our community and
our leaders to a gathering for prayer on May 1st at noon on the Collier
County Courthouse steps.
I've been attending these prayer gatherings now for the last seven
years, and they've always been spiritually enriching and encouraging
to me personally as a citizen of this great nation.
May God bless each of you, and thank you for your service to
our community.
CHAIRMAN HENNING: Thank you.
(Applause.)
PASTOR THIGPEN: Thank you very much. We also have a
prayer meeting at 7 p.m. This is in the band shell behind the Golden
Gate Community Center. There will be seating available. All of these
meetings are interdenominational, and the 7 p.m. meeting will have
local pastors represented there praying.
We'll also have children from the community. We'll have some
songs, you know, that will be sung there; about an hour program. And
like my brother said, it's always very enriching.
And we'd like to see you there. We'd like to invite everyone to
come be with us. You have two opportunities here: Noon at the
Collier County Courthouse steps and then 7 p.m. at Golden Gate
Community Center band shell.
Thank you very much.
Page 26
April 22, 2014
CHAIRMAN HENNING: Thank you.
(Applause.)
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Yes, Mr. Chairman. This National
Day of Prayer has been set aside by Congress for all Americans and,
of course, this is the 63rd anniversary and consecutive observance of
the National Day of Prayer and the theme "One Voice united in
Prayer."
It is the pleasure of the Board of County Commissioners to make
copies of this proclamation available to everyone in the faith
community that would like to add it to their celebration on May 1st
with our blessings, and we encourage everyone to attend celebrations
that are going to be held on that day.
As was mentioned, there's going to be one held here at the
government center, and there's also one annually held at the city
council hall in Everglades City, and we hope you're able to participate
in one of those as you see fit.
Thank you very much.
Anyone that would like a copy of the proclamation from the
board can make a call to the office here, and my assistant, Jim
Flanagan, will assist in making sure that the document gets to you in
good order. Thank you.
CHAIRMAN HENNING: Thank you. Entertain a motion to
approve today's proclamations as delivered.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER NANCE: So moved -- second.
CHAIRMAN HENNING: Motion by Commissioner Fiala,
second by Commissioner Nance.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
Page 27
April 22, 2014
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Motion carries unanimously.
Item #5A
RECOGNIZING DUANE NEAL, INSTRUMENTATION AND
ELECTRICAL TECHNICIAN, PUBLIC UTILITIES DIVISION, AS
THE EMPLOYEE OF THE MONTH FOR MARCH 2014 —
PRESENTED
MR. OCHS: Mr. Chairman, that takes us to Item 5 on your
agenda this morning, presentations.
. Item 5A is a recommendation to recognize Duane Neal,
Instrumentation and Electrical Technician from our Public Utilities
Divisions, as the Employee of the Month for March 2014.
Duane, if you'd please step forward.
(Applause.)
CHAIRMAN HENNING: On behalf of the Board of
Commissioners, a plaque for your office or home and a little check of
appreciation. Thank you. Thanks for your service.
COMMISSIONER NANCE: Thank you, sir.
COMMISSIONER HILLER: Congratulations.
COMMISSIONER FIALA: Thank you.
COMMISSIONER COYLE: Congratulations.
MR. OCHS: Get your photo, Duane.
Commissioners, Duane's been an employee of the county since
2012. His regular responsibilities include performing specialized
electrical work associated with installation, programming, and repair
of equipment and machinery at our wastewater treatment plants, our
wastewater collection facilities, and many of our off-site facilities as
well.
Page 28
April 22, 2014
He's always eager to assist his teammates, and his positive
attitude and unwavering dedication to the department are reasons that
he's honored here today.
Duane recently built a test station from spare parts at his facility
to be used for training of all the power system team members so
they're able to troubleshoot more effectively, thus saving many
thousands of county dollars.
He's received many accolades from teammates and those he
supports in his role. Hardly a day goes by without an operator or plant
manager praising Duane's work. He's certainly a valuable asset to the
department and truly deserving of this award.
And it's my pleasure, Commissioners, to recognize and
recommend Duane Neal as employee of the month for March 2014.
Congratulations, Duane.
(Applause.)
CHAIRMAN HENNING: Next item?
Item #5B
RECOGNIZING DR. JOAN M. COLFER FOR HER
UNWAVERING DEVOTION TO IMPROVING THE HEALTH OF
EVERY CITIZEN OF OUR COMMUNITY DURING HER
ILLUSTRIOUS 14 YEAR TENURE AS DIRECTOR OF THE
COLLIER COUNTY HEALTH DEPARTMENT — PRESENTED
MR. OCHS: Item 5B is a presentation recognizing Dr. Joan
Colfer for her unwavering devotion to improving the health of every
citizen of our community during her illustrious 14-year tenure as
Director of the Collier County Health Department.
Dr. Colfer, please step forward.
(Applause.)
CHAIRMAN HENNING: Appreciation from all the citizens of
Page 29
April 22, 2014
Collier County.
DR. COLFER: Thank you.
MR. OCHS: Mr. Chairman, if I could make a few remarks.
Dr. Joan Colfer has passionately led our county health
department since February of 2000, having worked previously in the
public health field in Maryland.
Dr. Colfer's dedication to creating a healthier community is
apparent to all who have worked with her. Her dedication was
especially evident during the active hurricane seasons of 2004 and
2005. Her commitment to disaster preparedness and the protection of
our most vulnerable residents was evident in her support of our special
needs shelters and her insistence that no one was to be released from
the special needs shelters until we had verified that their home was
safe.
Other examples include the all-out efforts she orchestrated for the
H 1 N 1 pandemic and her leadership in spearheading the sustaining
excellence conferences where she emphasized that public health is
about the integration of all sectors of our community working together
to address health issues.
Dr. Colfer has also built many positive partnerships within our
community that have addressed public health issues, such as dental
health, access to care through the development of the Physicians' Led
Access Network of Collier County, and improved housing for migrant
housing in Immokalee.
Please join me as we wish Joan and Carl much happiness, and
happy boating, by the way, in their retirement. By the way, Joan's
husband, Carl, is retiring as well this week from the Clerk of Courts'
office, so they're onto their next great adventure.
Joan, thank you very much for your service.
DR. COLFER: Thank you.
(Applause.)
DR. COLFER: Thank you so much.
Page 30
April 22, 2014
COMMISSIONER HILLER: Yeah. Have we -- Leo, who --
how are we getting --
DR. COLFER: Well, thank you so much. This is just beautiful.
It's been an honor and privilege to serve as your health
department director here. The work has been meaningful, interesting,
challenging, and certainly a whole lot of fun, too.
You've got a great staff at the health department. They're very
experienced now. As Leo said, we've done all sorts of things;
hurricanes, pandemic, whatever. So they continue to drill and train to
do those things and do their everyday work in an excellent fashion.
So you're going to be in good shape. They're going to be fine.
We're looking for a new health department director. We have a
good panel of people, and we'll be doing our first interviews
tomorrow. So hopefully we'll find a replacement for you very
quickly.
Thank you so much for all your years of support to me and our
health department.
Thank you.
COMMISSIONER FIALA: Thank you for all you've done.
(Applause.)
CHAIRMAN HENNING: Dr. Colfer, hang on just a minute.
Commissioner Hiller?
COMMISSIONER HILLER: Leo -- first of all, Dr. Colfer, thank
you very much for your service. We appreciate all you've done, and
have a very happy retirement.
With respect to Dr. Colfer's replacement, is the selection a
position that comes back to us for approval, Leo?
MR. OCHS: Joan? It's actually a state appointment, but --
COMMISSIONER HILLER: Is it?
MR. OCHS: -- there is a process that the state goes through.
COMMISSIONER HILLER: Okay. How does that work?
DR. COLFER: It is a state position. And I don't know if you all
Page 31
April 22, 2014
remember Torn 011iff, but he was on the search committee when I was
chosen.
What -- the process they're using now is the position's been
advertised probably for about two months now, and there are a
number of candidates.
There were phone interviews last week, and the four candidates
that they chose to interview on the phone, of those, one withdrew, one
they decided not to invite down for an interview, but there are two
people coming tomorrow for interviews, and there's a local panel that
consists of Steve Carnell, myself, Dr. Weiss from the hospital, and
then a state person will be down as well.
If we choose one or two of these people to go up and meet the
surgeon general, that will be just fine, and the surgeon general really
has the last say.
So Steve Carvell, if you will, and I, are -- and myself are our
representatives on that purview panel.
COMMISSIONER HILLER: How was the panel selected?
DR. COLFER: Actually, they asked me for recommendations of
COMMISSIONER HILLER: The state did?
DR. COLFER: -- what we wanted. I asked Leo who he wanted
from county government, and I had a list of people from the county
that have worked well with us.
COMMISSIONER HILLER: The state requests the --
DR. COLFER: Yes.
COMMISSIONER HILLER: -- panel? And then --
DR. COLFER: Right, they did.
COMMISSIONER HILLER: -- we establish a local panel and
then give a recommendation and then --
DR. COLFER: Exactly.
COMMISSIONER HILLER: The state approves it?
DR. COLFER: Right.
Page 32
April 22, 2014
COMMISSIONER HILLER: Got it.
CHAIRMAN HENNING: Thank you, Doctor.
COMMISSIONER HILLER: Thank you.
DR. COLFER: Thank you.
CHAIRMAN HENNING: Okay. We have a time-certain of 10
o'clock.
Item #11C
AUTHORIZING THE CREATION OF ADDITIONAL FULL TIME
EQUIVALENT (FTES) POSITIONS IN THE GROWTH
MANAGEMENT DIVISION IN RESPONSE TO THE ADDITION
OF FIRE PLAN REVIEW RESPONSIBILITIES, INCREASED
CUSTOMER DEMAND AND ESCALATING TRAFFIC
OPERATIONS MAINTENANCE PRIORITIES — APPROVED
MR. OCHS: Yes, sir.
That's Item 11C on your agenda this morning, Commissioners.
It's a recommendation to authorize the creation of additional full-time
equivalent positions in the growth management division in response to
the addition of fire plan review responsibilities, increased customer
service demands, and escalating traffic operations maintenance
priorities. And Mr. Casalanguida will present.
MR. CASALANGUIDA: Good morning, Commissioners.
Thank you for the time.
I want to take you through a couple items, and then we'll get into
a presentation if you so desire.
First, we've come full circle from 2004 to 2014. We went
through an upturn and a downturn. It's hard to believe we're trending
up as much as we are right now.
There was an industry meeting yesterday with NABOR that
talked about the forecasts over the next four to five years, and all
Page 33
April 22, 2014
positive growth in Collier County.
In 2009 the county manager pulled us aside and said, you need to
manage the downturn and own the upturn. And I think that is a
message that we took to heart.
The board supported us through the tough times of restructure
and organization to meet the downturn, and now the board, I believe,
supports us in the upturn as well, too.
And that couldn't be done without the commitment from the staff
and the industry that's in the audience right now. Over the last four
years, they've helped us refine our business processes, determine
what's important, the values that are needed to get this organization
back where we are right now today. So you have an item in front of
you that kind of ties that together.
Two other comments of note. Today on your consent agenda
you approved your fire interlocals. A lot of the staffing is being driven
by that work that Commissioner Henning worked on with the fire
commissioners to bring plan review back into the Growth
Management Division. Both is separated with North Naples, Orly
Stolts, and integrated with East Naples and Golden Gate.
So that staffing is driven by that as well, too, as well as the
upturn.
On the first slide -- I think I'll take you through real quick -- is to
show that we're trying to get our rates to match service levels in our
trends for customer satisfaction. Our goal is to not be at that top of the
green at the right-hand side, because that's over service and
overcharging of fees.
Our goal is to be in the green where our customers are happy and
that our rates are commensurate with that level of service. And I think
we're achieving those targets.
We're always working with Nova, that expanded firm, to provide
on-call services as well as job bankers who are providing that buffer as
we grow.
Page 34
April 22, 2014
I can't tell you where this curve will flatten out. I can tell you
that our folks here, Jamie, in operations, Mr. Shue and the rest of the
staff, with Bill Varian and Kathy Curatolo, we meet regularly, and we
determine where our properties are.
That's it. I'm going to turn the rest of presentation over to Jamie
to talk about some of the numbers that we have experienced recently.
MR. FRENCH: Good morning, Commissioners. For the record,
my name is Jamie French.
First, again, like Nick said, I'd like to thank Commissioner
Henning, as well as the rest of the board, for your continued support as
well as Nick and our county manager for not only holding these
standards or upholding these standards and demanding that we do the
same but also supporting us during this time, as well as the bad time,
so -- and, really, this presentation that we're going to go through, we
could not have done this without the help from Kathy Curatolo and the
CBIA as well as Bill Varian, who is our DSAC chairman, and the
DSAC Committee.
So building activity. If you remember last year, we were here,
and we had forecasted out -- we'd been extremely conservative, and
we had come back with a forecast of about 5 to 6 percent. Boy, were
we wrong. And it's good to be wrong in this particular case, I
suppose, other than the fact that it has been extremely busy.
And so as we maintain that level of service that I had mentioned
earlier, we have to be cognizant of the demands that are coming in that
front door.
So, on average, we're seeing no less than a 20 percent increase
quarter over quarter over quarter. And from where we started tracking
back in that first quarter of January 2010, aggregately, we're over 34
percent of increase just on one- and two-family home construction.
So we are contemplating this year corning in right at around
2,000 issued one- and two-family homes in Collier County. And, boy,
I don't need to tell you to go drive through our community, because
Page 35
April 22, 2014
you can certainly see all this development happening.
Permitting/inspections. This is important because it talks to us
about the complexity of the jobs that are coming forward; same
presentation I gave before. So when you have a single-family home
come forward versus, let's say, an A/C change-out or water heater or a
fence or a Ted shed or something like that, what you see is you see,
because of the complexity of the project, Florida Building Code
requires that we do many more inspections as well as many more
reviews, and those fall right in line with those numbers.
Now, this is an aggregate. This is not just one- and two-family
homes. This is everything that we're seeing. And, again, following
the same path, because if you look to the next slide -- I'm sorry. Here's
our multifamily units.
Now, these are units. These aren't numbers of buildings. But
these are actually single-family dwelling units that have been brought
to market and when they were -- when those permits were issued. And
then, of course, what always follows rooftops is commercial square
footage.
You'll see that very large spike there. That's Arthrex out at -- out
in Ave Maria. And then we have another one -- another short spike,
well, that happened to be Arthrex again.
But as we start to see companies come forward and build new
buildings -- we're tracking this so that we can forecast out, because
there's a difference between an inspector or a plans reviewer that does
commercial versus those one- and two-family homes based off of their
state-required licensing.
Land development. We're starting to see projects that are four
years or older as well as new projects that are coming into the door
that are becoming very, very active now. They're coming in for
re-plats. They're coming in for a lot of land-use activity, because
they've changed their business focus but they're adding more
single-family home units and much more commercial to these plats
Page 36
April 22, 2014
that are coming in for re-plats as well as new.
So our inspections there on the land development side, on the
engineering inspections side, has increased dramatically as well. And,
again, you'll notice, I did not forecast in this -- in this presentation like
we did last year simply because we don't want to tell you that it's
going to be 5 percent again.
The next three slides I'm going to ask Mr. Shue to jump in,
because this has to deal with the -- I'm sorry -- the construction and
maintenance side as far as their increase and need.
MR. SHUE: Good morning, Gene Shue, Operations Director of
Growth Management.
The first slide you see there is total number of streetlights
maintained since 2000. That number's up about 2,500 in that time
period, and yet staff has maintained relatively flat, actually down from
2006. We're looking to add one position in that area.
The next one is the number of traffic signals maintained. That
number's actually up 70 since 2000. Again, the -- in the -- in the 101
funded area, we're looking to add three positions; two in traffic
positions. One is in the locates area, and the other is in servicing of
these traffic signals and timing of the traffic signals.
The third position is actually in operations. We are working on a
couple high-priority tasks, project data management and asset
management. You folks have seen the presentation on asset
management. This ties in carefully with that.
Main goal here is to optimize the investment that we have in all
of our capital assets and make sure we get the biggest bang for our
buck.
On our side of the shop, and probably Jamie's as well, all three of
the positions that are General Fund related are currently -- or there's
three job bankers that are in those positions. With no additional cost to
the county, we're re-prioritizing funds, and we're looking to lock these
folks up that are already in place, well trained, and make sure we
Page 37
April 22, 2014
continue to get the biggest bang for the dollar.
MR. FRENCH: Thank you, Gene.
The only thing that I would leave you with, Commissioners, is
that one of the things that Nick did not mention is that you also, today,
on your consent agenda, approved a fee decrease. 113 and 131 , those
two funds are enterprise funded. They receive no General Fund
contribution to operate.
Collectively, between the two funds, we were better than
$300,000 in revenue reductions that will take effect in just about 30
days. Actually, about 40 days. It takes us a little time to go through
our CityView software contractor to get that programmed in, but we'll
continue to revisit that.
But with that said, this is the anticipated F'14 weighted to cost.
There is no impact to the General Fund. Current revenue streams
would support these positions, as well as the anticipated FY'15 costs
would also be supported by the current revenue streams and
businesses coming in the door.
And, of course, we're happy to answer any questions that you
might have.
CHAIRMAN HENNING: Questions by the board?
Jamie, in that last slide, you didn't show reserves of the two
funds. We are maintaining a reserve?
MR. FRENCH: We are. So the budget guidance on the 131 fund
was to maintain nine months of reserve. We are nowhere near there.
We're on our way there. I don't have the number off the top of my
head. I know on the 113 side, we're about 2.9 million, and we're
challenged to have that at six months as far as worth of
working/operating within our reserves.
So our carryforward this year is going to be pretty severely
impacted primarily because of the additional cost with job bankers and
Nova expansion, as well as this additional staff.
But our reserves, by all means, will be healthy and they will go
Page 38
April 22, 2014
forward. And we will not be at that six-month mark this budget year.
CHAIRMAN HENNING: You're less than that six-month mark.
MR. FRENCH: We will be -- we will be less. We're in -- we're
on track to get there. We just don't want to get there all in the same
year.
CHAIRMAN HENNING: I understand. So what about
outstanding loans? Is there -- was that paid off last year? I'm trying to
recall.
MR. FRENCH: Yes, sir. That was one of the things that we
challenged ourselves and the county manager challenged us on was to
get out of debt, and we are 100 percent completely out of debt. We --
on both funds.
CHAIRMAN HENNING: Commissioner Hiller, Commissioner
Nance.
COMMISSIONER HILLER: Yeah. I wanted to first
compliment you on what a great job you're all doing --
MR. FRENCH: Thank you.
COMMISSIONER HILLER: -- in growth management. I mean,
it's really outstanding and, you know, increasing the level of service
while reducing the cost of the fees to the industry is very
commendable and, obviously, a difficult thing to do.
The numbers here with respect to the total anticipated costs -- and
I'm just moving forward to, for example, Fiscal Year '15 -- are those
the burden numbers?
MR. FRENCH: Full burden, yes, ma'am.
COMMISSIONER HILLER: They're fully burdened with all
overhead allocated?
MR. FRENCH: That's correct, ma'am.
COMMISSIONER HILLER: Okay. And the reason I asked, I
wanted to make sure that the salaries that we're paying fall in line with
comparables in the private sector.
MR. FRENCH: We follow the county's adopted rate schedule
Page 39
April 22, 2014
when it comes to the job grade as well as the pay plan.
COMMISSIONER HILLER: That's great. Thanks so much.
MR. FRENCH: Thank you, ma'am.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Yes. I would just like to commend
everybody that has been working in this process and particularly Mr.
Casalanguida for his dedication to reorganizing and re-purposing the
operations and the full coordination of permitting and planning
through this difficult time where government made severe contraction,
and now government is having to respond to resurgence of the
economy.
I think you've done journeyman's work on a difficult task, but I
commend you on continuing to work to, you know, re-purposing this
whole effort and gain efficiency and cost in organization.
So thanks for everything that you did. I know it hasn't been an
easy ride for you, but I think you're doing a really good thing.
MR. CASALANGUIDA: Commissioner, I've got to tell you, it
-- you look around this room, whether it's from the county manager's
office to Jamie standing next to me, the industry out there, it just --
everybody's gotten together and just sat down and said what's
important. And I cannot take that credit you're giving me without
saying it's everybody that sits down with an honest, open thought
process as to what's fair. But I'll pass that along to the staff as well.
COMMISSIONER NANCE: Absolutely. You know, it is -- it is
-- well, you know, you've been kind of the central -- you know, you've
been the hub of the wheel. You know, you've taken all the beatings
and, you know, we need to give you a little bit of the credit. But
working together with everybody to do it, I think, is producing a
superior result, so --
COMMISSIONER HILLER: But isn't that --
COMMISSIONER NANCE: -- our thanks to everyone.
COMMISSIONER HILLER: Isn't that how it should be? We
Page 40
April 22, 2014
beat him up a lot and just say thank you just a wee bit?
COMMISSIONER NANCE: Well, I was kidding him today. I
said, you know, Nick has been one of the busiest guys in the county.
And I said, if I look up and see you keeling over, I said, I know -- I'll
know the end of the earth is near, because he's in the best shape of any
of us.
COMMISSIONER HILLER: Right. And it's really great,
because every time there is an issue that comes up, Leo says, okay,
Nick, here you go. You can deal with it.
MR. OCHS: That's right.
COMMISSIONER NANCE: He puts on his --
COMMISSIONER HILLER: And, you know, it's amazing. It's
like -- you're right, Commissioner Nance. He's still standing. He's
still doing --
COMMISSIONER NANCE: Well, he is. And, you know, I can
relate to that. You're going to have a few people that, you know, have
to put on their red hat and go to the sound of the guns. And I guess,
you know, he's one of those. So -- but thank you to --
COMMISSIONER HILLER: Yeah, no. Thanks to everyone for
sure.
COMMISSIONER NANCE: -- everyone for a coordinated and a
cooperative effort. Thanks so much.
COMMISSIONER HILLER: And for doing a great job on
cleaning up the airports, too.
CHAIRMAN HENNING: We do have public speakers?
MR. MILLER: Yes, sir. We have two registered public
speakers. Your first speaker is Bill Varian. He'll be followed by
Kathy Curatolo.
MR. VARIAN: Good morning, Commissioners. For the record,
Bill Varian, President of William J. Varian Construction Company
and your 2014 DSAC Chairman.
From a DSAC point of view, we fully approve the FTEs.
Page 41
April 22, 2014
Reminder that it doesn't affect the General Fund, so we fully approve
it.
On a personal side, I want to say thank you to Nick, Jamie, and
everybody else over there. They are performing tremendously.
Anytime there's an issue, they're there. Any of their staff are very,
very good. You go into their offices, there are stacks of papers, and
they're just willing to help you, drop everything else. So I just want to
pass that along. So thank you guys for that. Thank you.
COMMISSIONER NANCE: Thank you, Bill. And thank you
for your time and service, Bill, for being out there and helping out. I
appreciate it.
MR. VARIAN: You're welcome.
COMMISSIONER NANCE: Everybody does.
MR. MILLER: Your final speaker is Kathy Curatolo.
MS. CURATOLO: Kathy Curatolo with the Collier Building
Industry Association.
Chairman Henning and Commissioners, it is such a pleasure to
stand before you today because it is through collaboration that we are
where we are today.
I particularly want to thank Nick Casalanguida, Jamie French,
Rich Long, and Jonathan Walsh. They do a superb job in leading
various aspects of growth management.
As our community comes to a point where building becomes
somewhat of a focus and a priority, as we look at economic growth
and economic stability, collaboration is at the core.
We stand before you accepting, acknowledging the work of
growth management and in appreciation for them. We fully support
these positions.
And thank you for your work and support of this industry.
CHAIRMAN HENNING: Thank you.
Entertain a motion.
COMMISSIONER HILLER: Motion to approve.
Page 42
April 22, 2014
CHAIRMAN HENNING: Motion by Commissioner --
COMMISSIONER NANCE: Second.
CHAIRMAN HENNING: -- Hiller to approve staffs
recommendation, second by Commissioner Nance.
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.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion approved unanimously.
COMMISSIONER HILLER: Aye, aye, aye.
CHAIRMAN HENNING: Now, our next item is at --
time-certain is 10:45, so we're going to go back to the agenda.
Item #6A
PUBLIC PETITION FROM GARRETT FX BEYRENT,
REPRESENTING MEMBERS OF THE AMALGAMATED SIGN
HOLDERS UNION, REQUESTING THAT THE BOARD OF
COUNTY COMMISSIONERS AMEND THE CODE OF LAWS
AND ORDINANCES TO ALLOW SIGN HOLDERS TO RETURN
TO THEIR SITES — PRESENTED; NO DISCUSSION
MR. OCHS: Yes, sir. That would take you to your public
petition this morning.
We have one public petition. It's Item 6A. It's a public petition
Page 43
April 22, 2014
request from Garrett Beyrent representing members of the
Amalgamated Sign Holders Union requesting that the Board of
County Commissioners amend the Code of Laws and Ordinances to
allow sign holders to return to their sites.
MR. BEYRENT: Good morning. My name is Garrett FX
Beyrent. I've lived in Collier County for 42 years as a voting
Republican.
I'm also a lobbyist for the Bush family, by default, for -- since --
four days before George H. became vice president I got hooked into
the organization, and I'm the one who put up all the illegal signs for
Jeb Bush, which he thanked me for, because it made the front of
Naples Daily News. So I made a couple friends.
But I'm not here to be jovial. I'm here because I'm with the
Longbow Lobby, and I'm representing the Amalgamated Sign Holders
Union. It's a total of 56 people. Unfortunately, that's dwindled by five
because two of our members committed suicide last week because,
essentially, they lost their jobs. They were both veterans. One was --
his first name is Larry, and he suffered from post traumatic stress
disorder, and he left behind a wife that's pregnant. And he couldn't
lose another job, and the only job he could get as a veteran was a job
holding a sign on a corner.
And the other individual we lost was Amanda. She was an army
special weapons individual, and she lost her leg in Iraq. And she was
holding a sign in a wheelchair. And she committed suicide.
The other three people were sent to David Lawrence. They had
nervous breakdowns.
So, basically, what I'm saying here is that you've got a really
screwed up ordinance. I mean, it's ridiculous. All you have to do is
ride around town. There's signs illegal everywhere, literally thousands
of them. They pop up every weekend without permits, because you
can't really get a permit to have a sign in a road right-of-way and, as a
result, for some reason, the Code Enforcement Board decided to go
Page 44
April 22, 2014
after the individuals that were holding signs on corners because people
in well-established upper-class neighborhoods complained about the
white trash standing on the corner with signs; looked too much like
Miami.
I can't disagree with that but, then again, I've been a sign holder
myself for seven months. I work for a relative that opened up a small
business, and he was in an odd location, and the only way he could get
his product out was to have me hold a sign on the corner. He's a
young man with five kids.
And if you -- I'm assuming everybody got my folder which
explained the situation, the 13 individuals that I met most of that are
sign holders. We have down syndrome individuals, multiple sclerosis,
cerebral palsy, a lot of veterans that can't get jobs because they have
mental disorders. We have alcoholics, drug addicts, and convicted
felons. Alcoholics like myself, by the way, and I managed to keep
that job until about two weeks ago. And I collect social security
because of some of the good things in our government.
But I'd like to quote Commissioner Nance who -- he hit it on the
head last week. He said that, you know, it's not illegal to be poor. But
you know what? It is in Collier County. And that's really why I'm
here. I'm here because tomorrow I'd like all of the sign holders to be
back out on their appropriate corners, and I need you to vote on it.
And one of my four land-use attorneys said you can actually do
that. You don't need to have a transfer of your power down to staff
where they can talk about it for about a year and come back with an
ordinance worse than you have right now -- and you have a really bad
ordinance; at least the Supreme Court doesn't think too much of it.
But that's really what I'm here for. I'm asking you to put these
people back to work tomorrow at 8 o'clock. And if you don't do it,
they might show up anyway because they don't have jobs. And I
thank you for your time.
CHAIRMAN HENNING: Thank you.
Page 45
April 22, 2014
Any questions?
(No response.)
CHAIRMAN HENNING: Seeing none, next item.
Item #10A
DIRECTING STAFF TO BRING BACK AN EXPEDITED
AMENDMENT TO LAND DEVELOPMENT CODE (LDC),
SECTION 2.03.07.G.6.B, ADJUSTING THE DATE FOR
PROGRAM PARTICIPATION REGARDING IMMOKALEE
NONCONFORMING MOBILE HOME PARKS TO JANUARY 9,
2020 — APPROVED
MR. OCHS: Yes, sir.
The next item is Item 10A, and it's a request for reconsideration
of Item 16A15 moved from Item 11F from the March 25th BCC
meeting agenda. It's a recommendation to direct staff to bring back an
expedited amendment to the Land Development Code adjusting the
date of the program participation regarding Immokalee
non-conforming mobile home parks to January 9, 2020.
And this item was placed on the agenda by Commissioner Hiller.
COMMISSIONER HILLER: I'd like to make a motion for
reconsideration of Item 16A15 moved to Item 11F from the March 25,
2014, BCC meeting, titled "Recommendation to direct staff to bring
back an expedited amendment to Land Development Code Section
2.03.07.G.6.b adjusting the day for program participation regarding
Immokalee non-conforming mobile home parks."
CHAIRMAN HENNING: You realize this LDC amendment's
going to come back to us anyways?
COMMISSIONER HILLER: Uh-huh. But I think it's important
that we reconsider this item to give appropriate direction on that.
CHAIRMAN HENNING: Commissioner Nance?
Page 46
April 22, 2014
COMMISSIONER NANCE: Yes. I do support this
consideration because it is obvious to me, after we talked about the
agenda item last time, that there was considerable discussion on the
dais and considerable different thoughts about it.
So I'm always in favor of having a discussion. I do believe that
stability on this issue is important, not only in my district, in District
5, but also in Commissioner Fiala's district, District 1, where there are
a lot of mobile home parks.
So I will second -- I will second the motion for reconsideration.
COMMISSIONER HILLER: Thank you, Commissioner Nance.
CHAIRMAN HENNING: I have a question from staff. I know
that we had several -- or a lot of discussion on that item, and I just
want to know what -- your understanding of what the board directed
and exactly what you're going to bring back.
MR. CASALANGUIDA: For the record, Nick Casalanguida.
Commissioner, my understanding is that we're going to get together
with staff and some of the public and look at what was done in 2003
and then bring back options what would be, I would call, minimally
required to issue a building permit, and then maybe some options
around that for you to consider.
CHAIRMAN HENNING: Okay. And you still want to
reconsider it?
COMMISSIONER HILLER: I do, I do.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you.
Except that this affects all of the mobile home parks and trailer
parks around the county, right?
MR. CASALANGUIDA: Unless you did an overlay, ma'am,
you're right.
COMMISSIONER FIALA: Pardon me?
MR. CASALANGUIDA: Unless you did it as an overlay rule; in
other words, you took a specific area. And, say, in this area you have
Page 47
April 22, 2014
a certain requirement, and you can do that by your codes. You have
that option.
COMMISSIONER FIALA: So you can just have an overlay for
Immokalee and let the rest of us alone, right?
MR. CASALANGUIDA: You could, ma'am.
CHAIRMAN HENNING: Immokalee does have an overlay,
doesn't it?
MR. CASALANGUIDA: Right. You could put that as an
overlay requirement, sir, if that's what you so desired. If you wanted
to have a standard for a certain area or reduced standard, and that's
allowable, you know.
COMMISSIONER FIALA: Reduced standard?
MR. CASALANGUIDA: Well, I wouldn't call it a standard;
requirement, that's probably my choice. What we brought up last time
was that your building official needs some minimum information to
issue a building permit. We've looked at what Lee County does and a
couple other communities do, and there are some that don't require
much. They require a survey.
COMMISSIONER HILLER: There's no discussion on a motion
for reconsideration.
CHAIRMAN HENNING: I was just asking staff a question.
COMMISSIONER HILLER: I thought there was no discussion
on a motion for reconsideration.
CHAIRMAN HENNING: Well, we're not -- are we doing the
motion?
COMMISSIONER HILLER: Yes. Just to be consistent with our
prior. I mean, I don't have a problem with it, but I'm just saying that
to be consistent with our prior handling of motions for
reconsideration, we've never discussed anything related to the motion.
We simply vote on it. And it's not a -- I don't have a problem if you
choose to, but I'm just saying it's not consistent.
CHAIRMAN HENNING: Okay. Thanks for that opinion.
Page 48
April 22, 2014
If there's no discussion on the motion, all in favor of the motion?
COMMISSIONER COYLE: Could I just ask one question?
CHAIRMAN HENNING: Is it -- you have a question on the
motion?
COMMISSIONER COYLE: Yeah, yeah.
CHAIRMAN HENNING: Well, there's supposed to be no --
COMMISSIONER COYLE: Is it likely to come back for the
next meeting; is that --
COMMISSIONER HILLER: I would like it to come back.
COMMISSIONER COYLE: Is it required?
MR. OCHS: It has to come back within the next two meetings,
but we're prepared to bring it --
COMMISSIONER COYLE: Can we try to put it on the next
meeting so we don't delay this process?
MR. OCHS: Yes, sir.
COMMISSIONER COYLE: Okay. Then I'll vote in favor of it.
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.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: Now, do we have a time-certain for
10B?
MR. OCHS: No, sir.
CHAIRMAN HENNING: Okay.
MR. OCHS: No, you do not. You have just a time-certain --
Page 49
April 22, 2014
CHAIRMAN HENNING: Oh, I'm sorry, 10C it was. Do we
have a time-concern for 10C?
MR. OCHS: Yes, sir, 1 :30 this afternoon.
CHAIRMAN HENNING: 1 :30. All right. I'm going to write
that down. Thank you.
Commissioner Fiala?
COMMISSIONER FIALA: Yes?
CHAIRMAN HENNING: Oh, would you announce the item?
Item #10B
DIRECTING THE COUNTY MANAGER AND THE COUNTY
ATTORNEY TO BRING BACK A PLAN THAT WOULD ALLOW
THE DEVELOPMENT OF INDIVIDUAL COMMISSION
DISTRICT MUNICIPAL SERVICES TAXING UNITS
(CDMSTUS) FOR THE PURPOSE OF REINVIGORATING THE
ROADWAY LANDSCAPING BEAUTIFICATION PROGRAM OR
OTHER IMPROVEMENTS IDENTIFIED BY THE BOARD TO
HAVE A PUBLIC BENEFIT — MOTION TO APPROVE —
APPROVED
MR. OCHS: Yes, sir.
Item 10B is a recommendation to direct the county manager and
the county attorney to bring back a plan that would allow the
development of individual commission district municipal services
taxing units for the purpose of reinvigorating the roadway landscaping
beautification program or other improvements identified by the board
to have a public benefit, and this item was brought forward by
Commissioner Fiala.
COMMISSIONER FIALA: Yes. This is pretty simple as far as
this agenda item. I just would like staff to take into consideration all
of the things we've said at the past meeting, especially the landscaping
Page 50
April 22, 2014
workshop, and bring back to us different proposals, because there
would be questions about some of the things, and -- for all of your
discussion and approval or however you want to adjust this.
I think it's something that's very important to our community.
We've heard over and over and over again how people want us to get
back on -- back on the maintenance schedule, a good maintenance
schedule, actually, rather than the one we've had to use because of the
lack of funding, and they also want to see their roads getting
landscaped that we'd had to put aside for all these years because we
just did not have the money to do that.
Well, right now we still don't have all the money to do that
because we're using the money to bring up to standards all of the
maintenance of underground equipment as well as infrastructure and
bring it up to -- up to par.
So I'm asking that we address this, because I think we've all
heard from people about our landscaping on roads that have been
sitting there idle. I know a big one that I hear from all the time is 951 ,
but then I hear a lot from Santa Barbara as well and, of course, I hear
from other communities, and Davis Boulevard being one, that little
piece there that they have to do.
So I'm just hoping that you will approve bringing this back with
staffs recommendations.
So I make a motion to approve.
CHAIRMAN HENNING: Well, I mean, I don't have any
problem if a commissioner wants to create a district-wide MSTU for
landscaping, but I don't think all the board members want to create an
MSTU for landscaping in their district. So I would support your
request to put something on the agenda for District 1 landscaping
enhancement.
COMMISSIONER FIALA: Well, that would be great. And I
figured they're going to be -- some of the problems that we're going to
incur -- say, for instance, you have Pelican Bay. Well, they do such a
Page 51
April 22, 2014
magnificent job of their landscaping already. They might not want to
participate, but yet there may be other parts of that same district that
do. Same with -- same with your district and my district; they just
might want to see us move forward.
I know some of the people that have come to some of my town
hall meetings have definitely said unanimously that they want to see
this program begin again. And if, say, for instance, one of the
commissioners or two or even three say, no, I don't want to participate,
that's fine, too, if they do not want to, but then we have to figure out,
how does it affect them if they do not participate?
Do they still drive on the roads? Do they still reap the benefits of
having a more beautiful landscape which then, of course, improves
property values, it certainly helps real estate, and it helps our tourism
as well. So we have to discuss all that. But right now that's what I'd
like to task staff to do and bring back to us.
CHAIRMAN HENNING: Well, we had a lengthy discussion. I
think twice we had workshops on landscaping. Staffs
recommendation was increase the millage, create a countywide MSTU
for landscaping, and create district landscaping.
Now, the board didn't make an affirmative decision. But, again,
if you want to create a District 1 landscaping MSTU --
COMMISSIONER FIALA: No. Thank you. No. I'm happy
with creating one countywide. If that is something that is
objectionable to some of the commissioners, then we might be -- you
know, we might have to do it by district. If some feel that they do not
want to start a landscaping program, maybe they would like to use the
MSTU for things -- for other things in their community. But I think --
first of all, countywide I think is the best way to go, which is
something we started way back when, and it worked well for us.
CHAIRMAN HENNING: The board in a workshop has
discounted that idea. So what do you want staff to bring back if it's
not a countywide MSTU or raising the millage? What is it exactly
Page 52
April 22, 2014
you want staff to bring back?
COMMISSIONER FIALA: Well, I want them to bring back -- I
don't know that they really discounted it. See, that's the thing; we
came out of the workshops, but we really -- obviously, we couldn't
make any decisions there anyway. And we have to bring it back for
discussion, and that's what I'm doing.
CHAIRMAN HENNING: Okay. Well, maybe we can -- if
you're going to give staff direction, maybe we can narrow it down.
Let me poll the commissioners and see if they want to, A, increase the
millage rate, B, create a countywide MSTU.
Commissioner Coyle, are you in favor of that?
COMMISSIONER COYLE: Well, first I have a question --
CHAIRMAN HENNING: Okay.
COMMISSIONER COYLE: -- of staff.
Commissioner Fiala is merely asking to bring back a plan that
would allow the development of individual commission district
MSTUs. Is there any prohibition against that under the current
procedures?
MR. OCHS: Not that I'm aware of, sir.
COMMISSIONER COYLE: Okay. So if either Commissioner
Fiala or I wanted to create an MSTU in our districts, the only thing we
would need to do is bring it before this board for vote and -- or
consideration and vote; is that correct?
MR. OCHS: Yes, sir.
COMMISSIONER COYLE: Okay. And if we wanted to allow
the development in all of the districts if they wished to do so, is there
any change to current procedures that we have to accomplish?
MR. OCHS: No, sir. We just have some questions at the staff
level we're going to need to get answered from the board. For
example, if you-all decided you wanted to create commission district
MSTUs for roadway landscaping, for example, those maintenance
costs for the current completed sections are funded out of your
Page 53
April 22, 2014
Unincorporated Area General Fund 111 .
So the first question would be, do you want this individual
commission MST -- district MSTU to only be prospective, in other
words, for future landscaping, or do you want to move all of the
landscaping maintenance and capital cost out of 111 and allocate it to
these individual commission district MSTUs, for example?
So, the -- you know, and obviously depending on the answer to
that will drive what the millage rate requirement will be in each one of
those individual commission districts and in Fund 111 .
But there's nothing prohibiting that. We just would need to come
back and give you some options and some examples of what the costs
would be under the different scenarios and what kind of millage rates,
based on the -- our estimate of the taxable value in each commission
district -- would be required to meet the maintenance and capital
requirements for your landscaping in your district.
COMMISSIONER COYLE: And because those vary
considerably throughout the county --
MR. OCHS: Yes, sir.
COMMISSIONER COYLE: -- it would be almost impossible to
have a single ordinance which would address all of those
circumstances and how the costs would be broken up. But if a specific
community wanted to come before the board to set up an MSTU, it's
my understanding, based upon what you said, that it is possible under
the current procedures or that you would need some additional
information about how to handle the division of costs; is that a fair
statement?
MR. OCHS: Well, mostly, sir. I mean, if there's an area of the
county that wants to form an MSTU for beautification or some other
public improvement, we do that routinely. There's probably 30
MSTUs you already have in place, as you all know, and all over the
county.
So we would handle that kind of a request, either -- if it's a
Page 54
April 22, 2014
petition request or request made through a public petition to the board,
we'd manage that at the staff level like we always do to bring you back
that MSTU.
What we're talking about is -- or what I believe Commissioner
Fiala asked for was an analysis of an MSTU that would be spread
across the entire commission district for landscaped median
improvements.
COMMISSIONER COYLE: Well, I'm not sure that that's what
she said. She said development of individual commission district
municipal services taxing units.
MR. OCHS: Right, but --
COMMISSIONER COYLE: She's merely looking for authority
to do that on an individual community basis.
MR. OCHS: Okay.
COMMISSIONER COYLE: And if that authority exists, then
I'm happy with it, and I would vote in favor of her MSTU that she
would want to bring forward and establish that. But if there are
regulations which prohibit her from bringing that forward for
consideration, I am in favor of changing the rules to allow her to do
that. So tell me where we are.
MR. OCHS: Well, I'm not aware of any rules that exist currently
that would prohibit the commissioner from doing what you're
suggesting.
COMMISSIONER COYLE: Okay, okay.
CHAIRMAN HENNING: Commissioner Fiala, does that pretty
much summarize what you want, what Commissioner Coyle said?
COMMISSIONER FIALA: No, that's -- what I really wanted to
see was, first of all, as -- Leo was talking about tucking the
maintenance of all of that in there. Well, you know what, the county's
been doing the maintenance. We've got money that accumulates all
the time. That pot is growing.
I don't want to see us eliminate that pot and put it someplace else.
Page 55
April 22, 2014
I want -- that pot that's growing, just because our economy is growing,
should continue to do the maintenance.
I feel that -- you know, like $10 a month is -- Nick and I were
talking about this. About $10 a month per household would do it, and
we would have our maintenance going, and then whatever goes into
111 for the maintenance of the roadways as it is, as far as the
landscaping, could be a part of that. It could all be coming under one
pot, if you will, one topic.
I just want to see the program begin again because I feel in the
end our taxes will improve as we -- as our appearance improves; I feel
that it will help our economy, and I want to see it come back again.
I've made promises to the people in my district and others,
actually, that I will try and get a landscaping program back in place.
CHAIRMAN HENNING: Okay. With that said, my question
still stands. Commissioner Coyle, are you in favor of increasing the
millage or creating a countywide MSTU for landscaping?
COMMISSIONER COYLE: No. I don't know how to do that at
the present time, based upon what the county manager has told me.
There are such variables there, I don't know how you do that.
But I'm still a little confused about the process. I think we all
want to see this program -- this maintenance program return to its
previous frequency and quality. And if Commissioner Fiala is saying
that we could establish a countywide MSTU and require people to pay
into that fund to re-establish that level, I'd really prefer to poll the
neighborhoods to see if they all want to do that, and I can't do that on
a countywide basis, I don't think, because the procedures and amounts
involved are variable from community to community, and the amount
of money necessary to restore the prior frequency and quality of the
landscape program might be different for one community from
another.
And so I'm not sure how that will work, but it seems to me that
we're talking about two different things.
Page 56
April 22, 2014
COMMISSIONER FIALA: Yes. And, you know, millage rate, I
do not -- I don't --
COMMISSIONER COYLE: Yeah, I understand.
COMMISSIONER FIALA: I don't care to do it that way. What
I care to do is $10 per month per household, whatever that comes up
to. Say $100 a year from every household. I don't care if you own a
$3 million house or a $100,000 house, everybody pays the same so
you all get it in. Nobody has an extra burden, because I don't want to
MR. KLATZKOW: You can't do that.
COMMISSIONER FIALA: I want this to be -- I know you're
saying no, you can't do that. I don't know why you can't do that.
MR. KLATZKOW: Because you have to -- that's an assessment,
not a tax, and you'd have to have a report showing how the
landscaping benefited each and every property owner in order to
properly apportion that assessment. It's -- taxes, by their very nature,
are just -- in our world anyway, the way the Constitution's laid out, is
based on the value of your home.
COMMISSIONER COYLE: If I could continue. There are two
components to this. There is a budgeting component on the part of
Collier County. You remember we cut costs years ago because we
didn't have the money.
Now, in order to get back to our original level without costing
taxpayers more money to create another fund that the taxpayers would
pay into, we have to adjust our budget upward to achieve that level of
frequency and quality.
Are we doing that? Are we moving in that direction?
MR. OCHS: Yes, sir.
COMMISSIONER COYLE: Okay. So you are actually
improving the landscape program with additional funding in the
budget; is that true or not?
MR. CASALANGUIDA: No, sir. If I could -- right now your
Page 57
April 22, 2014
budget has been flat and growing proportionate with our demand as
prices go up. In other words, the budget process, I go to Mr. Isackson
and the county manager and say, my prices have increased 20 percent,
because this is out-sourced service, and through the budget process
they'll either fund that at full 20 percent -- and they have been,
between the county manager and the budget office, have been funding
me as my costs increase only to maintain the existing level of service
on existing landscaping.
COMMISSIONER COYLE: Okay. But the existing level of
service is not the same level of service that existed 10 years ago.
MR. CASALANGUIDA: Correct, sir.
COMMISSIONER COYLE: Okay. So that's what
Commissioner Fiala is talking about. She'd like to get back to that
point where the level of service is equal to that level back at that point
in time. And she's suggesting that it might be acceptable to some
communities to contribute some additional money for that purpose.
MR. CASALANGUIDA: She's actually asking for an expansion,
sir. She would like to invigorate the program to do the roads that
haven't been done, to go back to the beautification program that was
adopted in 2003, sir.
COMMISSIONER COYLE: Okay, all right. But before 2003 or
in 2003, you actually did that landscaping. I mean, you were
supposed to do that landscaping.
MR. CASALANGUIDA: We were installing landscaping per
the adopted master plan as roads came online, sir.
COMMISSIONER COYLE: That's right.
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER COYLE: And you quit doing that?
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER COYLE: Okay. She's wanting you to go
back and pick it up and move forward with it.
MR. CASALANGUIDA: Yes, sir.
Page 58
April 22, 2014
COMMISSIONER COYLE: Are you budgeting for that?
MR. CASALANGUIDA: No, sir.
COMMISSIONER COYLE: Do you ever intend to budget for
that?
MR. CASALANGUIDA: Not unless you have a surplus right
now against your other needs, because I think right now what we've
done at the agency level is said we're still replacing vehicles,
maintaining roads. If there's a surplus, we'd come back to the board
and ask board direction where that surplus should go.
COMMISSIONER COYLE: We're not finished with the
budgeting process this year.
MR. CASALANGUIDA: That's correct, sir.
COMMISSIONER COYLE: So we can deal with some of that
this year if we wish, if the board wishes to?
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER COYLE: Okay. So there is a possibility you
can begin to restore that level of service that you had before the
recession. So we need to discuss that during the budget hearing.
MR. CASALANGUIDA: Okay.
COMMISSIONER COYLE: Okay. And then, as far as getting
neighborhoods to contribute, I'm afraid it's going to have to be done on
a neighborhood-by-neighborhood basis. We're going to have to ask
people if they're willing to contribute in their neighborhood for that
kind of improvement. I don't know how you can just plop it down on
all of them. That's the problem, legally.
And -- but if people are so concerned about the landscaping
adjacent to their community, they have every right to say, yeah, we'll
vote, and we'll create an MSTU, and we'll contribute some money to
help you get back there; is that fair enough?
MR. OCHS: Yes. That's a long-standing program, sir.
COMMISSIONER COYLE: Yes, okay.
MR. OCHS: We haven't had them come forward so far.
Page 59
April 22, 2014
CHAIRMAN HENNING: Yeah, let me go next before I go to
Commissioner Nance, and that doesn't address what Commissioner
Fiala's asking; however, let me expand upon what you just stated.
Radio Road, during the downturn, decided to tax themselves to
enhance Radio Road, and they have done that. And they're putting it
on their tax bill, and they are paying for the landscape. So that's the
existing program that exists today.
And I would suggest if you want something different, like a
district-wide landscaping MSTU, I would support that; however, if
you want an increase through a countywide MSTU, which is an
increase, I cannot support that, or if you want an increase in millage, I
can't support that.
So with that said, let me go to Commissioner Nance and then
Commissioner Hiller.
COMMISSIONER NANCE: Yes. As everyone here knows, I've
been very supportive of MSTUs and the ability of people to pay for
what they want.
I could support Commissioner Fiala creating individual MSTUs
in her district for landscaping, but my expectation would be that if we
continue to expand MSTUs in the county, that the MSTUs should
rightfully include the ongoing maintenance of the capital
infrastructure that is purchased in that effort, whatever it is, whether
it's street lighting, additional landscaping, or whatever.
I don't believe we can continue to add an endless stream of
MSTUs and expect that the ongoing maintenance -- sometimes it is
multiples of the cost of the original installation of infrastructure over
time -- to be borne by the unincorporated General Fund unless we're
willing to increase taxes to do so.
So I am personally not interested in a -- in raising taxes or asking
people to pay an MSTU for landscaping in District 5 simply because
there is an expectation of people in my district that, having paid taxes
into the Unincorporated General Fund, that it is time that some of
Page 60
April 22, 2014
those funds are spent in District 5 for landscaping or other things.
You know, I certainly can't ask them to tax themselves
additionally to support landscaping when they don't have any
landscaping, they don't have paved roads, and they don't have parks.
District 5 has always been the one that's been next in line. It's kind of
been one of those "free beer tomorrow" situations, and tomorrow has
never come.
So I can support MSTUs in individual districts as long as they
include ongoing maintenance and as long as we don't get a county
policy that employs MSTUs to supplant things that rightfully should
come to the citizens through the Unincorporated General Fund taxes
that they regularly pay and have paid in the past.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Leo, don't we have an existing
countywide MSTU right now?
MR. OCHS: Yes, ma'am. It's called your Unincorporated Area
MSTU Fund 111 .
COMMISSIONER HILLER: And what do we use for -- what do
we use those funds for?
MR. OCHS: Well, landscape maintenance, code enforcement,
parks.
COMMISSIONER HILLER: And we have been able to
establish that there has been a direct benefit to each property owner
assessed through that MSTU?
MR. OCHS: No. They're not -- it's a tax, ma'am. It's not --
COMMISSIONER HILLER: It's a tax, not an MSTU.
MR. OCHS: It's not a special assessment.
COMMISSIONER HILLER: So we're treating --
MR. OCHS: MSTU.
COMMISSIONER HILLER: MSTU, right. And we're talking
about an MSTU?
MR. OCHS: Yes.
Page 61
April 22, 2014
COMMISSIONER HILLER: There's no difference between
what's being proposed and what we have in existence?
MR. OCHS: That's correct, although Commissioner Fiala, a few
minutes ago, brought up the concept of a special assessment as
opposed to an MSTU, and that's -- that creates some legal challenges.
COMMISSIONER HILLER: Well, I don't think Commissioner
Fiala is actually thinking of a special assessment. She's thinking of an
MSTU.
MR. OCHS: Well, when you talk about --
COMMISSIONER HILLER: Aren't you, Commissioner Fiala?
COMMISSIONER FIALA: Uh-huh.
COMMISSIONER HILLER: Commissioner Fiala is thinking of
an MSTU, not a special assessment.
MR. OCHS: Allow me to clarify.
Commissioner, you talked about charging everybody the same
amount of money for an improvement. That's an assessment. That is
not taxing someone based on the value of their property.
COMMISSIONER HILLER: In our current MSTU, our
unincorporated county MSTU, are we charging different amounts to
different people?
MR. OCHS: No, ma'am.
COMMISSIONER HILLER: Or are we charging the same
amount?
MR. OCHS: No. You have one millage rate that's applied to all
of the property owners in the unincorporated area.
COMMISSIONER HILLER: Which is similar to what she's
proposing.
MR. OCHS: I'm trying to understand exactly what
Commissioner Fiala wants to propose.
COMMISSIONER HILLER: I think Commissioner Fiala is
pretty clear on what she's proposing. I think it's very straightforward.
I mean, she's not looking for, you know, different rates being -- or
Page 62
April 22, 2014
different assessments being charged throughout her district or
throughout the county. She's looking for a uniform rate just like our
countywide MSTU. And, in effect, the MSTU is a special assessment.
CHAIRMAN HENNING: Well --
COMMISSIONER HILLER: Isn't it?
MR. OCHS: No.
COMMISSIONER HILLER: Clerk, what -- can you give us a
little more clarify on that?
CHAIRMAN HENNING: No. The county attorney can.
COMMISSIONER HILLER: Or, County Attorney, can you?
MR. KLATZKOW: We run on taxes mostly.
COMMISSIONER HILLER: Say that again.
MR. KLATZKOW: We run on taxes mostly. That's the core of
your business. You have a couple of instances where you can do an
assessment. You have to show that it benefits the property. For
example, if George wants to lay sewer pipe down a road, you can
charge the adjacent property owners.
COMMISSIONER HILLER: But that's what we do through an
MSTU.
MR. KLATZKOW: No, as a taxing unit. That's a tax that you're
imposing on people, okay. Not an assessment. We have very, very
few --
COMMISSIONER HILLER: Special assessments.
MR. KLATZKOW: -- MSBUs. It comprises a tiny piece of
your budget.
COMMISSIONER HILLER: What does?
MR. KLATZKOW: Your assessments. Pelican Bay has an
MSTBU where a portion of what they generate comes out of the
assessments. But, for the most part, your business is generated on
taxes.
CHAIRMAN HENNING: And the taxes are a derivative, like
111 , based upon the values of the property. You apply a rate, and not
Page 63
April 22, 2014
all pay the same. So that is the difference between assessment and a
millage rate tax, okay.
All right. Commissioner Coyle and Commissioner Fiala.
COMMISSIONER COYLE: I don't think I need to make my
comment at this point in time.
CHAIRMAN HENNING: Okay. Commissioner Fiala?
COMMISSIONER FIALA: I think the reason there's so much
confusion is I was hoping staff could come back with different plans
for us to look at.
When we established the MSTU for beautification, at that point
in time we picked out the plan we were going to use, and it all went
into the fund, and we were marching forward. That fund still exists,
but now it's being usurped to serve other purposes rather than the
purpose it started out to be, and that was for the beautification and
maintenance of our roadways. And --
MR. OCHS: No, ma'am.
COMMISSIONER FIALA: No? Okay. Tell me what
happened.
MR. OCHS: Well, Fund 111 does fund your roadway
beautification program, but it also has historically funded many other
general government operations that provide service in the
unincorporated area. What happened was we -- you know, we lost 29
percent of our taxable value a few years ago, and we had to make cuts
in many programs and services.
So the landscape median program was suspended because we
didn't have the money to advance it, Commissioner.
COMMISSIONER FIALA: And there would be -- the problems
I see with -- district wide, I mean, I like that idea, because, you know,
a lot of us would pitch in to get them done, but some of the districts
are cut in half.
For instance, Immokalee Road -- well, parts of Immokalee Road
are in one person's district and parts are in another. 951 , it's on -- on
Page 64
April 22, 2014
one side it's one district and on the other side it's another.
Santa Barbara -- well, I don't think that's -- well, maybe when it
comes into East Naples that would then be, you know, a difference in
whose district it is.
Most of these roads, actually -- Vanderbilt Beach Road, I think
that's all in one district, right?
So -- but the reason I talked just about my own, if people object
to all of that -- and that's fine -- now, I think as you widen Golden
Gate Boulevard, that, you know, you're going to want to landscape
that, too, right? There are just places -- and I know the people on
Immokalee Road are -- you know, they were here the other day
talking about how they wanted to get their landscaping program back
in place.
People want to see it thrive, and, honest to goodness, we benefit
by it as a county. We benefit because our property values go up as
well as our appearance to the outside people who then want to buy a
home here or even just an attraction for the tourism industry.
I don't know why it's like pulling teeth to get this program back
in place again, but --
CHAIRMAN HENNING: Money.
COMMISSIONER FIALA: Pardon me?
CHAIRMAN HENNING: Money. That's the only objection to
it --
COMMISSIONER FIALA: Right.
CHAIRMAN HENNING: -- is money.
COMMISSIONER FIALA: And do people want to -- do they
want it in place enough to pay a hundred bucks a year or not? I know
people in my community do. You've all heard them say it, those that
have been at the meetings, and other people who have come here have
said they didn't mind paying a little bit more if they could get the
program back in place.
Like I told Leo, Leo said, well, this money really needs to go into
Page 65
April 22, 2014
the infrastructure, and I understand that, because we don't want to get
too far behind, and I understand that. But the thing is, people can't see
when you put sewers -- sewer pipes in or replace the sewer pipes or
replace whatever, but they can see when their property values go up,
and they can see when their roads are beautified.
So what do you want to do? I just would like to see us move
forward on something that would accomplish this.
And, actually, what we're here to do is serve our community.
We're here to serve our community.
CHAIRMAN HENNING: Does anybody have an objection to a
break? I never realized this was going to take so long on the
discussion.
COMMISSIONER FIALA: I thought we were going to vote on
it and bring it back.
COMMISSIONER HILLER: Can I -- yeah. Can we conclude
this? Can I make one comment? And did you make the motion,
Commissioner Fiala?
CHAIRMAN HENNING: Well, you've got Commissioner
Nance.
COMMISSIONER HILLER: I'm sorry. Did you make a
motion?
CHAIRMAN HENNING: Commissioner Nance.
Why don't we take a 10-minute break for the court reporter and
try to finish this up and get to our time-certain at 10:45.
We're on a 10-minute break.
(A brief recess was had.)
MR. OCHS: Mr. Chairman, you have a live mike.
CHAIRMAN HENNING: Okay. Back to Commissioners.
Commissioner Nance was first and then Commissioner Hiller.
COMMISSIONER NANCE: Yes. I -- you know, I would
support a motion to have the county attorney bring back a plan so we
can talk about it further --
Page 66
April 22, 2014
COMMISSIONER HILLER: County manager.
COMMISSIONER NANCE: -- and iron out some of it.
CHAIRMAN HENNING: County manager.
COMMISSIONER NANCE: County manager and the county
attorney to bring back a plan and, like I say, as long as we understand
that maintenance has got to be included and it wouldn't supplant what
happens in other districts with the unincorporated general -- MSTU
Fund 111 .
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Yeah. And I just want to clarify.
The MSTU, basically, imposes an ad valorem tax for the service. The
MSBU provides for an assessment where the assessment is equal to
the cost of the benefit that's being provided.
And then you have a third option, which is a non-ad valorem
assessment, which, again, is a special assessment. So we have, you
know, three mechanisms to address this issue by. And really what it
boils down to is a budgetary decision of how we want to do it.
And I think that Commissioner Fiala is directing staff come back
with any one of those three options as a means to address what either
an individual district would like to do or the county as a whole could
possibly do if we choose to take that route.
Is that correct, Commissioner Fiala?
COMMISSIONER FIALA: Yes.
CHAIRMAN HENNING: So, Commissioner Nance, you're
seconding Commissioner Fiala's motion?
COMMISSIONER NANCE: Yes.
CHAIRMAN HENNING: County Manager, do you have an
understanding, the direction?
MR. OCHS: Yes, sir. I think I've got a fighting chance to bring
you something back.
COMMISSIONER HILLER: And there's one other thing, too.
The citizens in any particular area can also bring back a petition. If 10
Page 67
April 22, 2014
percent of the residents in a particular area want to get something
done, regardless of what action the board takes, those citizens can
petition the board to get it done.
MR. OCHS: Absolutely.
COMMISSIONER HILLER: So that's something to remember
also. It can also be a citizen-driven initiative if a community wants to
do that.
CHAIRMAN HENNING: Any further discussion on the
motion?
COMMISSIONER FIALA: Yeah. I'll say one more thing.
There's not a whole bunch that needs to be done in my community and
my district, because we have an MSTU already in place for the
Bayshore, and it's coming up for Thomasson Road, so we have that
little piece on Davis Boulevard between County Barn and Santa
Barbara, and we have a small section on Santa Barbara, and we have a
small section on 951 .
COMMISSIONER HILLER: Sure.
COMMISSIONER FIALA: But in many cases they bisect other
commissioners' districts.
I'm just looking for a whole -- you know, a countywide
beautification program. It's not that we benefit that much, but
everybody benefits. And there is a safety factor here, as you well
know.
And I appreciate your second to that motion. Thank you.
CHAIRMAN HENNING: Well, the safety factor is don't put any
landscaping in; there won't be any obstructions.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: (Absent.)
COMMISSIONER FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Nay?
Page 68
April 22, 2014
Aye.
Motion carries 3-1, Commissioner Henning dissenting and
Commissioner Coyle absent.
Item #11E
A COUNTY PURCHASING MANUAL ESTABLISHING
PROCUREMENT AND CONTRACT ADMINISTRATION
PROCEDURES THAT SUPPORT EXECUTION OF THE
BOARD'S PURCHASING ORDINANCE ADOPTED ON
DECEMBER 10, 2013 AND DIRECT THE COUNTY ATTORNEY
TO PREPARE THE NECESSARY RESOLUTION OF ADOPTION
FOR SIGNATURE BY THE CHAIR - MOTION TO CONTINUE
THIS ITEM AND DIRECT THE COUNTY ATTORNEY IN
CONJUNCTION WITH THE CLERK OF COURTS TO SEND A
LETTER TO THE FLORIDA ATTORNEY GENERAL'S OFFICE
SEEKING AN OPINION AND LEGAL DETERMINATION
REGARDING ADMINISTRATIVE PROCEDURES, SPENDING
AUTHORITY AND PAYMENTS MADE FOR GOODS AND
SERVICES — APPROVED
MR. OCHS: Mr. Chairman, that takes us to our 10:45 a.m.
time-certain, which was Item 11E. It's a recommendation to approve a
county purchasing manual.
CHAIRMAN HENNING: Len, before you start, I had the
privilege of speaking to the Clerk of the Court. He believes that we
have a potential resolution to this ongoing thing that's been on our
agenda, what, three times now?
MR. OCHS: This is the second time for the manual, yes, sir. In
the purchasing ordinance probably three times, yeah.
CHAIRMAN HENNING: Right. So the suggestion is -- and I'll
let you deliver that, Your Honor.
Page 69
April 22, 2014
MR. BROCK: The suggestion is, you know, this has been going
on for months and months, and it does not appear that we are going to
have a resolution in which we all agree.
The discretionary issue that is found in the policy presents a
problem for us. As you know, my role and responsibility is to not
make a payment unless I can make the determination that it's lawful.
Okay. That doesn't mean that, you know, I have to make the
determination that it isn't lawful. If there's some question, I have to
refuse to make the payment.
But the solution to this is very simple. Since we're not going to
agree to agree, I will be more than happy to go to the attorney general
in conjunction with the County Attorney's Office, and we will develop
the inquiry of the attorney general, and I'll be more than happy -- you
know, I have a pretty safe harbor when I'm standing behind one of
their opinions, so I will be more than happy to do that.
COMMISSIONER HILLER: Even though it's not binding?
MR. BROCK: Huh?
COMMISSIONER HILLER: It's nonbinding.
MR. BROCK: I understand that, but it gives me a safe harbor.
COMMISSIONER HILLER: All right.
MR. BROCK: As I have presented to you on multiple occasions,
you know, I've been unable to find any support for the proposition that
in a non-chartered county that is governed solely by the statutes that
the county administrator or any of his staff has any discretion, but they
are of the opinion that they think they should be allowed to have that
discretion, so I think we need to resolve that. I'm sorry.
COMMISSIONER HILLER: So then I'll make a motion to
direct that the county attorney, in conjunction with the Clerk of
Courts, writes a letter to the attorney general requesting an opinion as
to --
MR. BROCK: It's a little more than a letter, but we'd be more
than happy to do that.
Page 70
April 22, 2014
COMMISSIONER HILLER: Draft, craft, whatever you think is
necessary to get the appropriate answer for clarification on the issue
before us today.
MR. BROCK: Right. And, you know, I would suggest, you
know, that we simply continue on as we are until we get the answer to
this and move forward from there.
COMMISSIONER HILLER: What do you mean continue as we
are? Does that mean continue to allow staff to have discretionary
spending authority between zero and 50,000 --
MR. BROCK: No.
COMMISSIONER HILLER: -- or to disallow that?
MR. BROCK: Staff is going -- is coming back to you presently
with -- they're being directed back to the approval of the board on the
stuff that they have approved.
COMMISSIONER HILLER: So staff will --
MR. BROCK: That is the process they're going through now. Is
that not correct, Leo?
COMMISSIONER HILLER: The staff comes back for approval
of the board -- board approval for expenditures under 50,000?
MR. BROCK: Correct.
MR. OCHS: You have a board-adopted purchasing ordinance.
We're operating under that ordinance; that was approved in December
of last year. And we'll continue to operate as we have been -- as I've
discussed with the Clerk on the break -- until we can get this AGO
opinion.
MR. BROCK: And the discussions with my staff-- actually,
Crystal --
MS. KINZEL: Me.
MR. BROCK: -- has been that is has been working pretty well in
conjunction with that. You know, we've been dealing with them, and
we don't have a problem continuing the process in conformance with
what we've been doing in the past.
Page 71
April 22, 2014
And, you know, we can stand here and, you know, they can state
their position, I can state my position, I can show you the cases, you
know, they can stand up here and say, well, you know, everybody else
does it, you know. So we need to quit doing that. That does none of
us any good. So let's just put an end to it, get an answer to it, and
move on.
COMMISSIONER HILLER: And, again, the question that we're
answering is whether or not the board has the ability to delegate
discretionary spending authority and whether you have the ability to
pay for any expenditure that the board has not voted on as to serving a
valid public purpose.
MR. BROCK: That's basically it, yes.
CHAIRMAN HENNING: There's a motion by Commissioner
Hiller, second by Commissioner Fiala to seek out an AGO or direct
the county attorney to seek out an AGO with the cooperation of the
clerk of the courts.
MR. BROCK: And we would be more than happy to draft the
initial and give it to the county attorney so that they can --
COMMISSIONER NANCE: So, Mr. Chairman, we're
continuing this item and seeking the AGO?
COMMISSIONER HILLER: No, we're not continuing it. Our
direction is to have the clerk work with the county attorney to draft a
request for an opinion.
COMMISSIONER NANCE: I understand that. What are we
going to do with the recommendation to approve the county
purchasing manual?
COMMISSIONER HILLER: We're not.
MR. BROCK: My suggestion is you continue that until we get
an answer.
COMMISSIONER HILLER: Okay.
CHAIRMAN HENNING: Is that a part of your motion,
Commissioner Hiller?
Page 72
April 22, 2014
COMMISSIONER HILLER: Yes. And that will be -- thank you
for clarifying --
CHAIRMAN HENNING: Thank you, Commissioner Nance.
COMMISSIONER HILLER: -- that, Commissioner Nance.
CHAIRMAN HENNING: And the second?
COMMISSIONER NANCE: And part of my motion is to
continue the approval of the manual.
CHAIRMAN HENNING: Discussion on the motion?
(No response.)
CHAIRMAN HENNING: You're okay, County Attorney?
MR. KLATZKOW: Well, I know exactly what the AGO is
going to say if you frame it that -- can you delegate the discretion?
The answer's going to be no. The real issue is can you create a
framework for the county manager to operate under where he can get
into contracts, which is a very different thing. But I'll work with the
clerk.
COMMISSIONER HILLER: Oh, I think getting into contracts is
a completely different issue.
MR. KLATZKOW: I'll work with the clerk on that one.
Ultimately, at the end of the day, we may be going to the legislature
depending upon what we get from the AG, so we'll take it from there.
COMMISSIONER HILLER: Or, alternatively, go to court and
get a dec action.
MR. KLATZKOW: That's five years. I don't -- really. I mean,
at the end of the day, the clerk is right. I mean, the problem really that
we're facing here is there is no statute really on point on this issue.
I mean, they have the whole CCNA, so we know how to work it
there. We understand how to bid out construction contracts. But this
issue, really, the legislation doesn't address. And depending upon
what we get from the AGO, I may be coming back and saying, you
know, as part of your legislative agenda next year, let's get the
legislators', you know, input on this, because this is everybody. This is
Page 73
April 22, 2014
67 counties.
COMMISSIONER HILLER: Absolutely. And the Clerks'
Association should be actively involved on this issue as well.
MR. BROCK: I don't think the Clerks' Association cares. I
mean, all we are attempting to do is follow the law.
COMMISSIONER HILLER: Okay.
MR. BROCK: You know, if you change the law, that's fine with
us. Make it -- the clearer you make it for us, the better off we are.
COMMISSIONER HILLER: Got it.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Yeah. And what the practical
application is, others have arrived at some sort of a threshold spending
level where they set this aside, obviously. If everybody's in agreement
-- I have no -- I have no doubt that the clerk is correct, but the
practical application is what we have to hammer out here. We have to
figure out how we can allow people to function and still provide the
oversight and due diligence over the contractual process that is our
responsibility. So we have to seek some sort of a comfort level here.
And I think what they've done is that -- others, apparently, from
what I read in different analyses and reports, have come up with just
some spending level --
COMMISSIONER HILLER: Those are charter counties. Those
are not non-charter --
COMMISSIONER NANCE: Well, what do the non-charter
counties do?
MR. OCHS: They're both.
COMMISSIONER HILLER: Are they both?
MR. OCHS: Yes, ma'am.
COMMISSIONER NANCE: I think -- yeah. People are
struggling to come to grips with it, so that's the task at hand, so --
CHAIRMAN HENNING: Okay. Commissioner Coyle, you
understand the motion?
Page 74
April 22, 2014
COMMISSIONER COYLE: Yes, I do.
CHAIRMAN HENNING: Did you hear the motion?
COMMISSIONER COYLE: Yep.
CHAIRMAN HENNING: Any other 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: The motion carries unanimously.
Thank you, Len.
MS. PRICE: Thank you.
MR. BROCK: And, you know, Jeff and I will work together to
try to flesh out all of the issues. I don't have a problem working with
Jeff and trying to address, you know, the county's perspective as well
as the clerk's.
You know, I don't care as long as I know what I'm supposed to
do. What it is I'm supposed to do is not germane to me. The problem
I have is when there is ambiguity as to what I have to do; then it's my
responsibility to come down on the side of not paying the bill, and that
presents a problem for everybody. We don't need to be doing that.
Sound good?
COMMISSIONER HILLER: Yep.
CHAIRMAN HENNING: Sounds great, thanks.
COMMISSIONER HILLER: Thanks.
MR. OCHS: Mr. Chairman?
CHAIRMAN HENNING: Yes.
Page 75
April 22, 2014
Item #11A
SUBMISSION OF A SITE SELECTION CRITERIA
APPLICATION TO THE FLORIDA DEPARTMENT OF
VETERANS' AFFAIRS TO BE SELECTED AS THE LOCATION
FOR THE STATE'S PLANNED SEVENTH STATE VETERANS'
HOME AND INCLUDE AN OFFER OF $500,000 IN
ADDITIONAL CASH FUNDING FOR THE PROJECT AND
APPROVE ALL NECESSARY BUDGET AMENDMENTS —
MOTION TO APPROVE STAFF'S RECOMMENDATIONS --
APPROVED
MR. OCHS: Could we go to 11A, sir, before lunchtime? We
have some people in the audience, I think, that want to address this
item.
CHAIRMAN HENNING: Sure.
MR. OCHS: It's a recommendation to approve submission of a
site selection criteria application to the Florida Department of
Veterans' Affairs to be selected as the location for the state's planned
seventh State Veterans' Home and include an offer of $500,000 in
additional cash funding for the project, and approve all necessary
budget amendments.
Ms. Amanda Townsend, your Public Services Operations
Director, will make the presentation.
COMMISSIONER HILLER: May I, before you make a
presentation? I mean, I think we've all had the opportunity to read,
you know, what's being proposed, and it's a very good project and I
think a very good project for the county as well as for the veterans.
I just want clarification. The 500,000 is the county's matching
contribution towards state and federal funding?
MR. OCHS: I wouldn't categorize it necessarily as a match. It
Page 76
April 22, 2014
was a request in the specifications that the state sent forward that
applicants may, at the discretion of their elected bodies, provide up to
-- or offer up to $500,000 of cash into the deal. It wasn't a
requirement, but it was a suggestion.
And what your staff is saying to you is that we feel we have a
strong application, but we would like to strengthen it to the maximum
extent possible with offering the cash as part of the application.
COMMISSIONER HILLER: Because we've got -- in addition,
Barron Collier is offering the land.
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: So we are actually going in excess
of 500,000 with respect to a local match or a local contribution,
because normally, you know, whatever -- whether it's public or
private, the contribution is viewed as the total amount coming from
the county. So we're going above and beyond the 500,000 -- up to the
500,000 recommended donation.
MR. OCHS: Well, I believe the application called for the
donation of a site and an additional contribution of $500,000 that was
at the discretion of the board.
COMMISSIONER HILLER: Okay. Then that's what I want to
clarify because --
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: -- I don't want us -- I mean, if the
maximum we have to -- or the maximum that we could contribute is
both, then that makes sense. I just --
MR. OCHS: Yes.
COMMISSIONER HILLER: -- don't want to be in a position
where we're over contributing.
MR. OCHS: I understand, ma'am.
COMMISSIONER HILLER: In other words, land plus cash
from the county up to 500-.
MR. OCHS: No. The specification was not providing value of
Page 77
April 22, 2014
$500,000. It was provide a minimum 20-acre site and a discretionary
$500,000.
COMMISSIONER HILLER: And what will the 500,000 be used
towards?
MR. OCHS: Amanda, do you know?
MS. TOWNSEND: The site selection criteria document is not
specific.
COMMISSIONER HILLER: So will that be at our discretion
how that 500,000 will be allocated --
MR. OCHS: I would doubt it, ma'am.
COMMISSIONER HILLER: -- once the project is approved, or
do we actually transfer it to the state and then they pull it with the
funds and they make the investment?
MR. OCHS: Yes, ma'am. I believe that's the approach that the
state intends.
COMMISSIONER HILLER: And can you go over where you're
going to pull the 500,000 for, since we didn't have that in our original
budget?
MR. OCHS: Well, actually, you do have it in your original
budget. You will not have to take this from your General Fund
reserves.
Going into this Fiscal Year '14, we had set aside some funds in
anticipation of a previously board approved litigation matter through
the Florida Association of Counties on the assessment from the state
for the Department of Juvenile Justice Detention Services.
The board will recall that we believe we were being overcharged
by the state, but we owed them money.
COMMISSIONER HILLER: Oh, believe me, I was up in
Tallahassee beating the pavement on that issue.
MR. OCHS: Yes. You and Commissioner Fiala are familiar
with it.
Right. So the good news is, there appears to be a go-forward
Page 78
April 22, 2014
plan that won't require the amount of money that we had budgeted in
anticipation of potential contingency of having to pay more.
So we can draw from those funds, if the board approves, without
having to --
COMMISSIONER HILLER: But has that actually already been
approved? Because my last understanding -- and maybe someone can
bring me up to speed on that -- is that there was a Senate proposal and
a House proposal that differed, and there was concern that because
there was a difference in the proposals, that it could end up a gridlock
without any resolution.
And I know that there have been -- there's been a lot of
discussion since I was up there a few weeks ago. But can we have
certainty -- can I have an update on the certainty of the resolution? I
mean, did they adopt the Senate position or the House position? What
was finally decided, and when was it adopted?
MR. OCHS: Yeah. And I'll ask Mark to comment. I will say
that, regardless of whichever proposal is adopted during the legislative
session this year, based on our annual invoicing from the state --
COMMISSIONER HILLER: It will be less.
MR. OCHS: -- we know that we have sufficient funds to cover
that in either event, plus the additional $500,000 that would be
available.
COMMISSIONER HILLER: Okay. If, however, that doesn't
happen, if neither the House nor the Senate proposal doesn't take
place, then our funding obligation stays the same.
MR. ISACKSON: Commissioner, Mark Isackson, for the record.
Any issue that occurs in Tallahassee will be an FY'15 issue and FY'14.
Remember, when we set up the budget in '14, beginning on
October 1, I had budgeted for what I thought was going to be an
increase in the backlog, in other words, that billing backlog that they
normally come to us. There was another $700,000 in that particular
DJJ line item that I'm never going to spend.
Page 79
April 22, 2014
COMMISSIONER HILLER: Okay. So that's a different issue
then?
MR. ISACKSON: That's right, that's a different issue.
COMMISSIONER HILLER: That's unrelated to what we were
talking about. That's a -- so I understand exactly where you're coming
from.
So we, essentially, have 700,000 that can be reversed back into
reserves and pulled out, for example, for this project?
MR. OCHS: It can be earmarked and set up in a separate fund
for this project.
COMMISSIONER HILLER: With 200,000 reverting into
reserves?
MR. OCHS: Or rolling it to --
COMMISSIONER HILLER: For some other project?
MR. OCHS: -- carryforward at the end of the fiscal year.
COMMISSIONER HILLER: Or carryforward, as the case may
be.
MR. OCHS: Same thing, yeah.
COMMISSIONER HILLER: All right. Okay. I got it.
So regardless, we have assurance no matter how --
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: -- that settlement moves forward.
Okay. I'd like to make a motion to approve.
COMMISSIONER FIALA: Second that motion.
CHAIRMAN HENNING: Motion by Commissioner Hiller,
second by Commissioner Fiala to approve staffs recommendation.
Commissioner Hiller?
COMMISSIONER FIALA: No. It's Fiala.
CHAIRMAN HENNING: Fiala.
COMMISSIONER FIALA: I just wanted to say what an
appropriate place right there by Arthrex. And they work on a lot of
devices that assist people in walking and moving their arms and all of
Page 80
April 22, 2014
the rest of the things. And as they continue to grow, Arthrex
continues to grow, and then this hospital would be there, too.
I think that they would be able to work together so cooperatively
for the benefit of especially the veterans and for our community as
well.
So I'm very pleased that they -- that they offered this. We've got
Oil Well Road right in place to just accommodate the traffic that it
would generate. This is such a good thing, as far as I'm concerned, for
our community, and I hope that we get it. I think we're wise. And
even though they said we only -- they request that we pay $500,000,
they didn't demand it. But I'm glad we're throwing that in as a carrot
as well. Thank you.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Yes. I think it is also very
appropriate to recognize not only the generosity of the Barron Collier
Company in offering this land component, but the work that Blake
Gable has personally done to aid advancing this submission and the --
you know, the calls he's made in support of our application is
extraordinary, and he's been -- you know, since I had an earliest
conversation and this first came to light, he's been on board since the
very beginning and among our strongest advocates. So we should
certainly duly thank Barron Collier Companies and Mr. Gable for
their strong support and their generosity.
COMMISSIONER HILLER: Absolutely.
COMMISSIONER FIALA: Agreed.
MR. OCHS: Yes, sir.
CHAIRMAN HENNING: Public speakers?
MR. MILLER: Yes, sir. We have two public speakers. Your
first speaker is Larry Via. He'll be followed by Marvin Courtright.
MR. VIA: Thank you. My name is Larry Via. I'm a
40-plus-year resident of Collier County. I'm currently the vice
commander of National AMVETS. We're one of the four largest
Page 81
April 22, 2014
veterans' organizations in the country.
And I'm here on behalf of the veterans' home, and I think I'm
preaching to the choir, so to speak.
One thing I would like to bring up, it was my understanding that
the $500,000 would come out of the county development funds.
Wasn't that brought up at the last meeting? Because this is going to
bring 300-plus jobs to Collier County, so wouldn't it be part of the
development program?
COMMISSIONER HILLER: It's already funded. The county
manager -- it's a non-issue.
CHAIRMAN HENNING: I don't know why --
COMMISSIONER HILLER: And we don't have any -- right, it's
MR. VIA: Anyway, I brought some pictures of the last veterans'
home that they built over in St. Augustine. And like I say, I feel like
I'm preaching to the choir.
And all I can say is I would like to thank Liz Freeman for
keeping the public informed of this. Thank you, Liz.
COMMISSIONER HILLER: Thank you, Liz.
MR. VIA: And that's about all I have to say, because it sounds
like everybody's on board to make this happen.
COMMISSIONER HILLER: Thank you.
MR. VIA: And I thank you very much.
COMMISSIONER HILLER: Can I make a comment?
MR. MILLER: Your second speaker is Marvin Courtright. He's
your final speaker on this item.
CHAIRMAN HENNING: After Marvin's done, you might want
to comment. You can roll it all into one.
MR. COURTRIGHT: Chairman Hiller, Commissioners, Marvin
Courtright, resident of Florida since 1951 .
COMMISSIONER HILLER: It's Chairman Henning, but thank
you. It's Chairman Henning.
Page 82
April 22, 2014
CHAIRMAN HENNING: That's all right. Go ahead.
MR. COURTRIGHT: Pardon me. I'm at that very point, Mr.
Henning. I'd like to thank you for taking ahold of this project by
bringing it forward and making it known. If it hadn't been for you, I'm
not sure where it would lean for such a long period of time from when
you got it and when it actually came to be. So thank you.
And also, the -- I have two names who I think -- in reading the
application from one end to the other and all the necessary information
that had to be gathered and assimilated to just get this ready to meet
the deadline was a fantastic job, and I want to congratulate -- I believe
a Mr. Carnell -- is that correct? And Ms. Townsend.
Because if they hadn't of grabbed this and gone with it, it would
have died on the vine. So thank all of you. And I'm speaking on
behalf of the VFW post, the Veteran of Foreign Wars Post 7369, and
all of the veterans who would benefit from this.
I'm 81 years old. It's not receivable -- inconceivable that I might,
in 10 years from now, need it myself. So thank you.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: Sir, do you have permission from the
master at the VFW -- no, it's the commander -- on speaking on behalf
of them?
MR. COURTRIGHT: At the present time, no, sir, I do not. I am
a candidate. I may have it tonight. I'm on the -- I'm being elected to
the board. But no, I do not have that. I'm speaking on behalf of VFW
Post 7369, not the VFW National Commander.
CHAIRMAN HENNING: I didn't ask you that. But anyways,
that's --
MR. COURTRIGHT: Well, perhaps --
CHAIRMAN HENNING: -- fair enough. I know that everybody
represents somebody besides their own view, and I was just asking if
you had permission. But thank you.
MR. COURTRIGHT: No, I do not have. Thank you.
Page 83
April 22, 2014
CHAIRMAN HENNING: Okay. Thank you.
Commissioner Hiller?
COMMISSIONER HILLER: Yeah. A good point was made
earlier. There is also an economic development component to this,
and as was properly said, there will be hundreds of jobs created.
Leo, do we have any information as to what the salary range is of
those jobs? I'm sure there's some sort of a requirement for that
information.
MR. OCHS: Well, I don't know that we have specific salaries.
We did receive a modeling report on the economic impact that we put
in your backup for the Southwest Florida Regional --
COMMISSIONER HILLER: Can you put that -- what you did,
can you put that on the record? Because I think it just -- I think it
would be very nice for the public to understand that, you know, this is
-- while being very important as a project to help veterans, it also is
going to have an economic impact for the county.
MR. OCHS: Yes, ma'am. Just in summary there, you see under
employment impacts, the second paragraph, it says new employment.
Total new employment would contribute an average of $20 million to
the gross county product each year. So -- and they're talking about
297, almost 300 new jobs in Collier County that are projected to be
direct or indirect jobs resulting from this project being constructed in
Collier County.
COMMISSIONER HILLER: And would these employees be
federal employees or state employees? How would that work?
MR. OCHS: I believe they're state -- the employees that work
inside the facility are state employees, State of Florida employees.
COMMISSIONER HILLER: Thank you.
MR. OCHS: You're welcome.
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER COYLE: Aye.
Page 84
April 22, 2014
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Item #11B
RESOLUTION 2014-84: ACCEPTING THE PROPOSAL OF STI
INSTITUTIONAL & GOVERNMENT, INC. (A SUNTRUST
COMPANY) TO REFINANCE THE COLLIER COUNTY,
FLORIDA GAS TAX REVENUE BONDS, SERIES 2005 IN AN
AMOUNT UP TO $90,000,000; AUTHORIZE THE COUNTY
MANAGER TO TAKE SUCH ACTION AS IS NECESSARY TO
LOCK THE INTEREST RATE FOR SUCH SERIES 2014
REFUNDING BOND TO ACHIEVE A GROSS DEBT SERVICE
SAVINGS UP TO $11,075,000; AND PROVIDE FOR AN
EFFECTIVE DATE — ADOPTED
MR. OCHS: Thank you, Commissioners.
Mr. Chairman, Item 1 I B is a recommendation to approve a
resolution to refinance Collier County gas tax revenue bonds.
COMMISSIONER HILLER: I -- can I make a motion to
approve that? I'm so excited about this. Mark --
COMMISSIONER NANCE: Second.
COMMISSIONER HILLER: -- you're a rock star. I mean, to
refinance and for us to have savings of $11 million in debt service as a
consequence is really great. So thank you.
CHAIRMAN HENNING: Motion by Commissioner Hiller to
approve staffs recommendation, second by Commissioner Nance.
Page 85
April 22, 2014
Discussion?
(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.
COMMISSIONER HILLER: And this is really a good-news
item. I mean, you have consistent --
CHAIRMAN HENNING: Motion carries unanimously.
COMMISSIONER HILLER: Thank you. I mean, this has been
a standard that we have adopted. You know, as interest rates have
gone down, we have done everything possible to refinance our
outstanding debt with the intent to retire that debt over the course of,
you know, the coming years, to an extent that we consider reasonable.
So it's really great. I think our debt service going back in like
2008 or so, was, like, 80 million. We're down to what, 40 million, and
now we're --
CHAIRMAN HENNING: We already passed this item.
COMMISSIONER HILLER: -- even lower. But, I mean, Mark
deserves a lot of recognition for the -- you know, the public finance
management that he has engaged in.
CHAIRMAN HENNING: You work on that and bring it back.
COMMISSIONER HILLER: I like him. He's good.
CHAIRMAN HENNING: What's the next item? 11D?
MR. ISACKSON: Thank you, Commissioners.
COMMISSIONER HILLER: Come on.
COMMISSIONER COYLE: I mean, this is only about the tenth
one he's brought before us dating back the past 8 to 10 years. So it's
nothing new.
Page 86
April 22, 2014
COMMISSIONER HILLER: Yeah, but that's what's beautiful
about it; he keeps doing it. It's the gift that keeps on giving. We like
that. Very good job.
MR. OCHS: Thank you.
COMMISSIONER HILLER: Very good job.
Item #11D
A CONSTRUCTION CONTRACT TO QUALITY ENTERPRISES
USA, INC., FOR BID NO. 14-6245, MERCANTILE AVENUE
ROADWAY IMPROVEMENTS (FROM AIRPORT-PULLING
ROAD TO COMMERCIAL BOULEVARD) PROJECT NO. 60188
FUNDED BY THE NAPLES PRODUCTION PARK MSTU, IN
THE AMOUNT OF $1,185,290. 16 AND RESERVE $50,000 ON
THE PURCHASE ORDER FOR FUNDING ALLOWANCES, FOR
A TOTAL OF $1,235,290. 16 — APPROVED
MR. OCHS: Commissioners, Item 11D is a recommendation to
award a construction contract to Quality Enterprises for the Mercantile
Avenue roadway improvements.
Mr. Jay Ahmad is available to answer questions or make a
presentation.
COMMISSIONER NANCE: Motion to --
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER NANCE: -- approve -- or second.
CHAIRMAN HENNING: Motion by Commissioner Fiala,
second by Commissioner Nance to approve staffs recommendations.
Jay, do you need anything on the record?
MR. AHMAD: No, sir.
CHAIRMAN HENNING: Discussion?
(No response.)
CHAIRMAN HENNING: Seeing none, all in favor, signify by
Page 87
April 22, 2014
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.
Now our next -- our last item on 11A (sic) is?
Item #11F
RESOLUTION 2014-85: ENDORSING A COLLIER COUNTY-
SPONSORED INITIATIVE FOR THE DEVELOPMENT OF A
STATEWIDE COALITION TO ADDRESS FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA) ISSUES
IMPACTING FLORIDA LOCAL GOVERNMENTS AND THEIR
CITIZENS, AND TO APPROVE ACCOMPANYING
RESOLUTION — ADOPTED
MR. OCHS: Yes, sir. It was previously Item 16A21 . It's now
11F on your agenda. It's a recommendation to endorse a Collier
County sponsored initiative for the development of a statewide
coalition to address federal emergency management agency issues
impacting Florida local governments and their citizens and to approve
the resolution.
Commissioner Hiller had asked to move this to the regular
agenda for discussion.
COMMISSIONER HILLER: Yeah, I did. And the reason I did
is because this goes to litigation that we are in with FEMA where
FEMA has de-obligated the county to the tune of 11 million and has
Page 88
April 22, 2014
defunded us to the tune of 9 million.
And what we have done is we have appealed administratively
twice, and we were denied twice on those appeals, and we're in our
third appeal right now.
And I would really like to ask the county attorney to bring back
an update of what's going on with that administrative appeal.
MR. KLATZKOW: We're in Atlanta. We've been in Atlanta for
a very long time. They're sitting on it. They're going to continue to sit
on it.
COMMISSIONER HILLER: Well, that -- and that is the
question I have. How can FEMA sit on this? Isn't there -- and I'm not
familiar with what the timing requirements are, but don't they have --
given that we are in the middle of an administrative hearing, that this
is a formal administrative appeal, don't they have to be responsive to
us within a certain amount of time, or can they legally just sit on this?
MR. KLATZKOW: They're just sitting on it. The only remedy I
would have is to go to U.S. District Court to compel a decision from
them.
We're not the only ones in this boat.
COMMISSIONER HILLER: And I'd like to know what other
counties are in this boat and to what extent they have been challenged
exactly as we have. And the challenge has been on the part of the -- of
FEMA's inspector general, that the county-hired engineers overstated
what we were entitled to claim as a refund, and that the county
commingled general and storm renourishment expenditures and that
we were only entitled to get a refund for storm-related beach
renourishment expenditures.
So, you know, again, we've lost on appeal twice. We're on our
third appeal, and the intent now is to partner with other counties who
have had the same denial, the same de-obligation, to go to FEMA and
tell them that they're wrong?
COMMISSIONER FIALA: Could I?
Page 89
April 22, 2014
CHAIRMAN HENNING: Commissioner Fiala?
MR. CASALANGUIDA: I could elaborate on that if you want.
COMMISSIONER HILLER: Can you please?
MR. CASALANGUIDA: Sure.
COMMISSIONER HILLER: I'd like to get that clarified.
MR. CASALANGUIDA: Ma'am, we're part of a group of over
200 cities, communities, and individual, I would call it, organizations
that have been de-obligated. They submitted an accounting response
to an engineering response.
We went to Atlanta last July, and I sat with Major May in his
office, 12 FEMA representatives, and they said, well, since you're
here, the 90-day clock starts again. I said, that's fine. We're here to
give you information. They have 90 days under the Stafford Act to
respond. They haven't responded.
Since then we've reached out to the state FTE, and we've asked
them -- we're obviously not the only ones, and we've gotten a list as a
public records request. And it's shocking to see how many other
communities have been de-obligated.
The Water Management District has gone and skipped to the
administrative appeal process and filed a suit.
And right now, as I've explained to the county manager, in this
community people can come in front of this board and seek action
within two weeks. I'm at a loss as to what to do with this federal
agency, because I get no response.
I've discussed this with the county attorney. We've reached out to
some of our legislative aides. And the direction of the county manager
-- because we're now starting to get into some territory that really is
with board direction -- our goal is to partner with these other
communities and develop one consistent response that we'd like to
send to the legislative delegation both in Florida and at the federal
level to say we're not getting a response from FEMA.
COMMISSIONER HILLER: So -- and the question I have is, is
Page 90
April 22, 2014
the de-obligation -- are the de-obligations experienced by the other
counties for the same reason that we were de-obligated?
MR. CASALANGUIDA: And I don't know that. And part of
the reason we're going to do this at FAC and maybe the League of
Cities is to find out what these reasons are and to, I would say, parlay
our efforts together.
COMMISSIONER HILLER: Wouldn't it be -- and I don't have a
problem going to FAC. You know, Commissioner Fiala and I are
actively involved with them on a whole host of issues. I just want to
understand.
Maybe one of the things we ought to do, in addition to going to
FAC, is have you directly communicate with these counties and ask,
you know, why were you de-obligated, what was the reasoning, and
are you in the middle of any sort of administrative appeal on the
de-obligation that you experienced so that, you know, we can, you
know, compare and contrast.
Because if you can put a pool together and if you can, you know,
as a group of counties file suit or join the water district in its current
suit, if you're similarly situated, if you have the same claim, then we
should consider doing that.
MR. CASALANGUIDA: Ma'am, I think our goal is to find out
where they are and what their issues are. We have -- there are three
issues, and two are brought up in this agenda item.
The community rating program, they'll tell you, is a voluntary
program. Well, if you don't participate, you don't get federally backed
mortgages, and they won't come help in an emergency. So it's a de
facto requirement to be part of the community rating system in the
FEMA program.
We've submitted maps to FEMA because we've said, at a period
in time, we have data that's more accurate than the 2003 --
COMMISSIONER HILLER: And we're talking about the beach
renourishment maps?
Page 91
April 22, 2014
MR. OCHS: No.
MR. CASALANGUIDA: No, ma'am. We're talking about the
floodplain maps that's in the item.
MR. OCHS: These are the basin studies. This is a different item
but still a problem that we're having with FEMA.
COMMISSIONER HILLER: Okay. But we're moving into a
different issue. Let's stay on the -- I want to stay focused on the
de-obligation.
MR. CASALANGUIDA: Ma'am, they're similar issues in the
sense that we have a federal agency --
COMMISSIONER HILLER: I don't want to -- I want to make it
clear that we address one and then address the other, that we don't
commingle the issues, because they're two very different issues.
MR. CASALANGUIDA: So our goal is to, once we determine
these other 200 cities, counties, schools, state agencies, and a myriad
of other private agencies, why they're being de-obligated -- ours was
an accountant's ruling, not an engineer's ruling. We've submitted
engineering data to back up our opinion. At that point in time I think
we can come up with a position.
Recently, I think Mario Diaz Balart's office wrote and said,
where is the response, and they said, it's forthcoming, and that was
about a month ago. So there's many of us who are not getting
answers.
And our first goal is just to understand what the issues are, parlay
our efforts together, and then approach FEMA as a state, hopefully to
be the third most popular state soon, and say, please pay attention to
what the issues are with these de-obligations.
The second issue -- now, I'm assuming that goes forward -- we've
done the FEMA flood maps. We've submitted them as they said
submit them as soon as they come in. The board, under an emergency
declaration, said, let's spend the money, let's get them in. There are
many citizens that are waiting on these updated maps.
Page 92
April 22, 2014
We submitted the maps, and the response was, well, we're not
funded to review your maps. We have other priorities.
So we're submitting these maps to the district, and they're
basically saying they won't get to them in FY'14, and they may get to
them in FY'15. And that's a problem because they've said, you'll have
to use the old data, yet we know that data's inaccurate, which causes a
tremendous burden on the existing taxpayers in Collier County and yet
they told us, submit these as soon as possible.
So there's definitely an issue with the federal agency, and we just
need some assistance.
COMMISSIONER HILLER: So we have two issues. The first is
the de-obligation related to beach renourishment and the pending
appeal that Jeff says FEMA is being nonresponsive to?
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER HILLER: Does that have anything to do with
the Water Management District issue?
MR. CASALANGUIDA: No. They've filed -- for the same
de-obligation, they skipped the administrative process and went right
to a court hearing.
COMMISSIONER HILLER: And what was the de-obligation
related to the water district?
MR. CASALANGUIDA: Same issue in terms of--
COMMISSIONER HILLER: To beach renourishment?
MR. CASALANGUIDA: No, no. In terms of, during a storm,
what they submitted for reimbursement, $24 million they were
de-obligated.
COMMISSIONER HILLER: Okay. So -- but it was basically
not related to the beach renourishment but just to a storm issue?
MR. CASALANGUIDA: Related to an approved project
worksheet related to one of the same storms that we submitted for.
COMMISSIONER HILLER: Okay. So -- and then the other
issue we're dealing with is getting approval on the modified maps?
Page 93
April 22, 2014
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER HILLER: So the maps that we had you do
where you modified them that we gave you the emergency funding for
and you gave us a timeline for FEMA approval has not come to pass?
MR. CASALANGUIDA: We've submitted probably half of
those maps, more forthcoming. They've said they're not going to
review them; they're not funded to review them.
What we're seeing is that district doesn't have the resources or the
direction at that administrative level to do -- to respond to these
Stafford Act compliance issues or to the FEMA maps.
So in my opinion, after talking with the county manager and the
county attorney, unless we get some support at the legislative level,
this is going to languish until we lose a war of attrition. People will
drop off. Mr. McAlpin will retire at some point in time, and there will
be nobody here to continue to fight this fight that we're dealing with.
COMMISSIONER HILLER: Well, Jeff will be here. I'm not
worried. Gary may retire, but Jeff-- I mean, lookit. Jeff is so young,
you know. Look at him.
CHAIRMAN HENNING: Commissioner Nance -- or
Commissioner Fiala?
COMMISSIONER HILLER: Thank you.
COMMISSIONER FIALA: Yes.
I was just going to say, those are the LiDAR maps you're
referring to, right?
COMMISSIONER HILLER: Right.
MR. CASALANGUIDA: The LiDAR maps which generated
new modeling maps.
COMMISSIONER FIALA: Right.
MR. CASALANGUIDA: Right.
COMMISSIONER FIALA: Right, right. And when I read that
their -- they say they lack adequate funds to review our updated
floodplain maps -- and we're being punished because they lack the
Page 94
April 22, 2014
funds and yet they took all of these funds back and yet they're not
even reading any of this. You know, there's a lot of holes in this thing,
and I think the only way -- I'm glad you're going to be getting together
with the other -- not only the counties here in the state of Florida, but
you're going to be meeting with other counties around the country,
too, I would guess, at some point in time. But at least you're forming
a coalition, and you have a louder voice as a coalition, because
somebody -- you know, they need to hear us, and apparently they're
putting a deaf ear to anything that comes their way.
And if we need to, I'm hoping you're going to go all the way up
to Washington. And, you know, we've got some very responsive
legislators up there that support us, and we will probably need to enlist
their help as well.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I really don't understand the
problem here. President Obama has said on numerous occasions that
his is the most transparent and responsive administration in history.
I'm sure if you just picked up the telephone and called him this week
he would solve this problem and it would all go away.
But, seriously, getting other counties together and, in fact, getting
other states together is the only way to solve this problem. It's not
going to do you any good to go to this district to deal with that issue.
It's only going to be resolved when it becomes a national issue and
when all of the other states and all of the other counties get together
and elevate this thing to the point where it becomes front-page news.
That's when it's going to get resolved.
And so if your intent is to encourage other counties to band
together here in Florida and then to encourage other states to band
together, then I am certain we will win this fight, and it will be
resolved more quickly.
So I commend you on the effort, and I support it, and I'd like to
see you move forward aggressively. And when you get enough
Page 95
April 22, 2014
people together, it makes it much less costly for us to pursue a legal
challenge if we have to do that.
CHAIRMAN HENNING: Is that a motion?
COMMISSIONER COYLE: That is a motion.
COMMISSIONER HILLER: I'll second it.
CHAIRMAN HENNING: Motion by Commissioner Coyle,
second by Commissioner Hiller to accept staffs recommendation.
Discussion?
COMMISSIONER NANCE: Yes, sir.
CHAIRMAN HENNING: Yes, sir.
COMMISSIONER NANCE: Yes.
I am very glad that this item got pulled off the consent agenda,
and I agree with everything that Commissioner Coyle just said, and I
also -- I share Commissioner Hiller's concern about the de-obligation.
But, in reality, we need to move our relationship with FEMA on up
into the public light so that everybody understands what's going on
here.
The impact on Collier County regarding the floodplain maps,
surface water management, flood insurance rates -- the impact on us is
going to be in billions and billions and billions of dollars, and I'm
afraid that it's going to sneak up on people in total if we don't make an
effort.
So I certainly endorse this agenda item, and I think we ought to
become much more aggressive as a board with our legislative
delegation at the state and at the congressional level to do something
about this. Because if we don't gain some allies here, I'm afraid
low-lying areas like us are going to have little support to come to grips
with what we have to come to grips with. It's going to have economic
impacts that are going to be extraordinary.
CHAIRMAN HENNING: All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
Page 96
April 22, 2014
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
We're going to go to lunch. And are we coming back at 1 :30
based upon our --
COMMISSIONER HILLER: No, because we --
CHAIRMAN HENNING: -- how far we are on the agenda?
COMMISSIONER HILLER: Well, we have our students
upstairs.
MR. OCHS: Yeah. We're going to eat upstairs on the fifth floor,
and then whatever time you want to come back, Commissioner. You
have your public comments on general topics, and the 1 :30
time-certain item is left on your agenda.
CHAIRMAN HENNING: Yeah, and I don't know -- do we have
anybody signed up?
MR. MILLER: Not at this time, Commissioner.
CHAIRMAN HENNING: Why don't we come back at 1 :30 then
COMMISSIONER HILLER: Yeah.
CHAIRMAN HENNING: -- since --
MR. OCHS: That's fine.
CHAIRMAN HENNING: -- you said we're going to do that at
1 :30. And I think you're -- you're right on target. You're closer than
your colleague.
MR. OCHS: Yes, sir.
CHAIRMAN HENNING: All right. We're on recess -- lunch
recess. Be back at 1 :30.
(A luncheon recess was had, and Commissioner Coyle is absent
for the remainder of the meeting.)
Page 97
April 22, 2014
MR. OCHS: Mr. Chairman, you have a live mike.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
CHAIRMAN HENNING: Welcome back to the board's meeting
of April 22, 2014, back from lunch.
We have public comments.
MR. MILLER: I have no registered speakers for public comment
at this time.
CHAIRMAN HENNING: Okay. Then we have a time-certain at
1 :30 (sic).
Item #10C
THE COLLIER COUNTY ATTORNEY, SUPPORTED BY STAFF,
TO FILE A CHALLENGE TO CONSENT ORDER (OGC FILE
NO. 14-0012) ENTERED INTO ON APRIL 8, 2014 BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) AND THE DAN A.
HUGHES COMPANY, L.P. REGARDING OIL AND GAS WELL
OPERATIONS AT THE COLLIER-HOGAN 20-3H WELL
(PERMIT NO. 1349H) - THE COUNTY ATTORNEY TO ASK
FOR AN ADMINISTRATIVE HEARING REVIEW W/FDEP
ASKING THEM TO REVOKE THE PERMIT W/DAN A.
HUGHES, COMPANY, REQUEST A MODIFICATION OF THE
CONSENT ORDER TO REQUIRE ADDITIONAL PROVISION
FOR OVERSIGHT, SAFEGUARDS AND MONITORING —
APPROVED
Page 98
April 22, 2014
MR. OCHS: Yes, sir.
That's the add-on item that was added by Commissioner Nance
this morning to the agenda. It's Item 10C. The hard copies were
previously provided to the Board of County Commissioners by
Commissioner Nance, and I will turn the item to Commissioner
Nance.
COMMISSIONER NANCE: Yeah.
Mr. Chairman, I just want to ask the public -- since this agenda
item was not part of our previously published agenda, I would ask, to
make certain, that all of you that wish to speak on this item fill out a
speaker slip at this time.
Is there anybody that wishes to speak that has not filled out a slip
at this time?
Thank you, Mr. Chairman, for your indulgence on that.
This is an add-on agenda item that I put together over the holiday
weekend in response to new information that was released late in the
day on Friday, April the 18th, Good Friday, regarding activities that
occurred at one of the wells in Collier County and the action that was
taken by FDEP in response to that and information that's subsequently
come forward to the public.
The agenda item that is available to everyone that I provided to
my fellow commissioners here and to members of the public in the
hallway contains all the information that I have on this item at this
time. It's my understanding that, additionally, the Dan A. Hughes
Company is scheduled to make a statement or provide some sort of a
statement to us at some point during the day.
But it basically includes information that was made aware to us
last Friday regarding activities that occurred at the well, a cease and
desist order that was -- that was imposed on Dan A. Hughes Company
by Florida Department of Environmental Protection, FDEP, and a
subsequent consent order that was imposed on Dan A. Hughes
together with them to respond to the incidents that took place.
Page 99
April 22, 2014
It is of great -- it's greatly disturbing to me to know that we have
had had many public meetings in the interim since this event and these
actions were taken without having it before the public and before this
board.
The Board of County Commission and Collier County does not
regulate the oil and gas activities that happens nor any oil and gas
activities anywhere in the state. That, of course, is done by the
regulatory agencies, which I think by now all of you realize are the
Florida Department of Environmental Protection, and regarding the
Class 2 disposal wells, the South Florida Water Management District.
You know, we have to respond to FDEP in many capacities, and
this agenda item is a recommendation that I put together for
consideration of this board to engage Collier County through the same
processes. And it's an example of exactly what the public has to do
when the county is -- has a substantial interest and is a party, which
we certainly are in this case; we have to respond through the same
mechanisms that the public is required to do as well.
So my recommendation, in light of the information that I
presented to you and I presented to the board for their review, is to
direct the county attorney, supported by staff, to file a challenge to the
consent order which means basically filing a petition for an
administrative hearing to respond to the activities that took place.
The three things that I included in there is I am recommending
that the petition and the challenge request the consent order be further
modified to require additional provisions for oversight, safeguards,
and monitoring to protect the environment and ensure the health,
safety, and welfare of the citizens of Collier County.
Additionally, what I think is also very, very important is to
request that a protocol be established from FDEP that improves
communication and coordination between the agencies and Collier
County Government so that Collier County is copied to all the
application packages for future oil and gas exploration and production,
Page 100
April 22, 2014
Class 2 injection wells, as well as all permit related correspondence,
additional submittals, meeting minutes, and agency action of any kind
within Collier County.
And, of course, I wanted this to be a very open agenda item, and
so I included additional changes to consent order as deemed
appropriate by other board members and by this board as a whole.
I am concerned that, going forward, if the oil and gas industry is
to receive approvals from Florida Department of Environmental
Protection, that we have a system of management and regulations in
place that are appropriate for our county.
The public, supported by this board who has done everything
within our power to help make sure that you had venues for meetings,
that your meetings were published, that information was sent out, that
inquiries were answered as much as physically possible -- the
engagement of the public in that way has done great, great things and
provided a great deal of information to the regulatory authorities about
what they thought was important in Collier County.
Collier County Government, likewise, has done, through our
relationship with DEP -- which extends beyond just the oil and gas
industry -- have done everything we can to gain the ear of your
regulatory authorities and lobby for our best interests of our county.
That is our role in this process, is to represent the county and its
citizens with these state and federal agencies, including the EPA, that
have come to our community to help us deal with the situation.
But I wanted to bring this executive summary forward. That is
my recommendation, that we do file a petition for administrative
hearing and that the county manager, supported by staff, take action
on these additional requirements and on this effort to have a protocol
for communication.
Today I also asked Dan Summers from our emergency operations
management division to step forward, because my recommendations
are that we put forth a package of additional oversight, safeguards, and
Page 101
April 22, 2014
monitoring requirements that he brought forward previously to this
board back in October at our October 8th meeting.
And, basically, on Item 5D, Mr. Summers presented to the board
a series of 10 recommendations for additional protections that an
applicant might or could or should agree to to provide additional
oversight to protect the environment and to protect the citizens.
Two of the items out of those 10 have already been acted upon.
One of them, his No. 10 item, was to request that the Florida DEP
re-establish the Big Cypress Swamp Advisory Committee, which
FDEP did.
And No. 9 was similar to what I have proposed here directly in
the executive summary, because I thought it was so important, is to
request a protocol for communication together with the -- directly with
the environmental regulatory agencies to improve communication.
So I just wondered if Mr. Summers, you know -- sir, I don't --
you know, I don't have any other comments before we hear from other
board members, but I'd just like to hear you speak a little bit to this
issue.
MR. SUMMERS: Commissioners, good afternoon. Thank you,
sir. Dan Summers, Director of the Bureau of Emergency Services and
Emergency Management.
We are certainly comfortable -- again, remain comfortable with
these recommendations. I think it's very valuable for us to have this
review/emergency planning review -- and I'll sort of bundle all of that
as one term, this emergency plan review. We're happy to do that at
your direction.
Part of this is -- part of these recommendations are joint efforts
from Michael Bosi over at our comprehensive emergency planning --
I'm sorry -- comprehensive planning section over there as well as ours.
So there are some regulations and some activity that are in the
emergency management side of the house, some of that is in the
land-use planning side of the house. But at either -- in either way, we
Page 102
April 22, 2014
can certainly work jointly with your recommendations to do that.
And since we have been monitoring this for all of these months,
we don't see anything that really changes this. We think we had a
good format, a good framework for reviewing that information early
on.
And as you all well know -- this continues to remain pending.
We do know that there are some new emergency plans being
developed. But just as you mentioned, we have not had an
opportunity to make any review.
Thank you.
COMMISSIONER NANCE: Thank you, sir.
CHAIRMAN HENNING: Shall we go to public comments
before we go to commissioners?
COMMISSIONER HILLER: We can do that.
MR. MILLER: We have eight registered public speakers at this
time. Your first speaker is John Lundin. He will be followed by Dr.
Karen Dwyer.
MR. LUNDIN: Commissioner Nance, I'd like to thank you for
bringing this forward. You're about a year late, but better late than
never.
CHAIRMAN HENNING: State your name and address.
MR. LUNDIN: My name is John Lundin.
CHAIRMAN HENNING: And address for the record.
MR. LUNDIN: I don't have to state my address; I'm sorry.
CHAIRMAN HENNING: Well, it says it on the form and in our
policy.
MR. LUNDIN: Well, you know, there's a new State of Florida
state law that says you cannot pressure people about where they live to
speak at a meeting. So you are actually violating the new Florida state
law. It's in the backup material, and we discussed this a couple
months ago, so -- anyway.
I'd like to focus on the county's liability on this issue. The
Page 103
April 22, 2014
mission of the pollution control section of the Collier County Natural
Resources Department is to protect Collier County's drinking water
resources from pollution. And Collier County's drinking water comes
from underground aquifers. Any pollutants could eventually be found
in the county's drinking water supply.
Now, the process for the county to achieve this is the Collier
County pollution complaint investigation process. Now, the goal of
this is to ensure compliance with related federal, state, and local rules
and regulations that are applicable to specific pollution issues.
Now, in order for the county to comply with this, you need to
comply with your ordinance, 89-20, which is the Collier County
Water Pollution Control Program Ordinance. You are now libel to
check any pollution that has gone into the ground here. This is past
the DEP process now.
There is a complaint by the DEP that the Dan A. Hughes
Company has put chemicals in the ground, and your ordinance, 89-20,
mandates you do this. This is your ordinance that you have to do this.
Now, it mandates you to do the following programs: Water
quality monitoring assessment of the drilling site, groundwater
sampling, and surface water sampling, and analytical services.
Now, you already have a monitoring program where you put
sensors on water wells in the area where there is suspected pollution.
You already have this process in place to do this, and your ordinance,
89-20, mandates you to do this.
Now, let me repeat. This is not the issue with the DEP and your
lack of responsibility. Because there's been this complaint, there is
now an official complaint by the State of Florida that there is potential
groundwater pollution, and your ordinance, 89-20, mandates that you
investigate this.
And -- thank you very much.
MR. MILLER: Your next speaker is Dr. Karen Dwyer. She'll be
followed by Jaime Duran.
Page 104
April 22, 2014
DR. KAREN DWYER: The breaking news about Dan A.
Hughes illegally fracking the Collier-Hogan Well next to the
Corkscrew Swamp Sanctuary cannot be ignored.
We now have documented evidence of the company's
wrongdoing. They will do whatever it takes to extract oil, even break
the law and recklessly endanger our water, land, and air.
Their goal is not to make extraction safe, but to make it as
inexpensive, expeditious, and profitable as possible, even if it means
using extreme extraction in direct violation of orders from the state.
To say we are outraged is an understatement. We find it almost
beyond belief that a Texas oil company can disregard rules and laws
and engage in illegal and untested extreme extraction in our vital
watershed, either hoping they won't get caught on the one hand or
willing to pay the nominal fee on the other hand.
This latest travesty is exactly why it's so important to stop this
new type of Everglades dirty drilling in our watershed so near homes
and city water supplies.
No amount of regulation can make it safe, because the DEP lacks
the regulatory power to compel compliance. They're understaffed and
overworked and crippled by legislation written by and for the oil
industry.
The fines are so nominal industry is willing to break the law and
add the fines into the total cost of drilling.
So, yes, please, file a petition for an administrative hearing to
challenge the consent order. Thank you for doing that.
We also urge the commissioners to join us in, one, calling on the
DEP to permanently shut down Dan A. Hughes for violating
regulatory orders and recklessly endangering our water supplies and
Everglades.
Call -- number two, call on Governor Scott to shut down all oil
drilling operations, permitted and pending, by the Dan A. Hughes
Company.
Page 105
April 22, 2014
Three, call on the EPA to deny the pending injection well permit
since Dan A. Hughes cannot be trusted to, quote, implement industry
best practices, as the company's criminal wrongdoing proves.
Four, call on Collier Resources to distance themselves from Dan
A. Hughes and their criminal misconduct by breaking the land leases
and stepping back from drilling.
And to conclude, we urge the commissioners to move forward
with a ban on all extreme extraction in Collier County. Now is the
time to safeguard our community.
Thank you.
MR. MILLER: Your next speaker is Jaime Duran. He'll be
followed by Pamela Duran.
MR. DURAN: Commissioners, for the record, my name is Jaime
Duran, and I live at 4880 24th Avenue Southeast.
As you are probably aware, obviously, the Dan A. Hughes
Company was fined and agreed to sign a consent order with the FDEP
for violating the terms of the permit on the Oil Well Collier-Hogan
23H.
This company, together with the Collier companies that own the
mineral rights, have shown a complete disregard for the loss of the
state and the county and, in my opinion, cannot be trusted to operate
in good faith.
For the past year we have addressed this board as well as the
FDEP, the EPA, and others to be ignored and labeled as hysterical as
well as threatened, intimidated, and bullied by the Colliers.
Our faith in the willingness of our government officials to
provide a safe and clean environment has been severely eroded.
What will you do now to begin restoring that faith?
For the record, I would like to take this opportunity to officially
propose that the name of Collier County be changed. It is time to stop
honoring the name of the family that pillaged the old growth (sic)
cypress and that now -- that is now squeezing the land for the last drop
Page 106
April 22, 2014
of oil before paving it.
Thank you for listening.
MR. MILLER: Your next speaker is Pamela Duran. She'll be
followed by Dr. John Dwyer.
MS. DURAN: Hi. I'm Pamela Duran. I live at 4880 24th
Avenue.
As stated in the general permit conditions, No. 3, the county has
a right to place ordinances that the oil and gas industry must follow. I
brought you a copy so everybody could have it.
It states, issuance of this permit does not relieve the permittee of
responsibility to comply with all applicable federal, state, county,
municipal, and special district laws, ordinances, and rules nor is the
permittee relieved of the responsibility to obtain any licenses or
permits which may be required by the federal, state, county,
municipal, and special district laws.
You have power. We ask you to implement an ordinance to
protect the residents of this county. Both Collier companies and the
Dan A. Hughes Company were on record that they were not going to
frack.
We asked that the ordinance be passed to make sure that this
wouldn't happen. Now the people of Golden Gate Estates are
wondering, what's in our water?
An independent company must test the groundwater. This
happened January 1st, and the FDEP released a statement April 18th.
We will never know what chemicals they used and exposed the
residents to because Dan A. Hughes has confidentiality. What do we
have? Worry.
Trying to get the FDEP, EPA, and the commissioners to ensure a
safe environment for all, look at the big picture. Look at the future.
Thank you.
MR. MILLER: Your next speaker is Dr. John Dwyer. He'll be
followed by Bob Krasowski.
Page 107
April 22, 2014
DR. JOHN DWYER: For the record, John Dwyer. I am at 15937
Delasol Lane in Naples.
I do know how easy it is for officials to listen to wrong voices,
voices of persons that they have grown to trust for whatever reason.
You must not believe an oil company when it says it will not frack or
that everything is perfectly safe.
You know the cost associated with listening to the wrong voices.
The voices that the commissioners, the FDEP, and the EPA have
listened to most attentively have proven to be hollow and
untrustworthy.
BP told the public that Corexit was as harmless as Dawn
dishwashing liquid, but BP and the EPA clearly knew about the
toxicity of the Corexit dispersants long before the spill.
What should you do with the hollow and untrustworthy Dan A.
Hughes Company and the equally unreliable regulatory agencies?
For you, the EPA or any regulatory agency of our government to
depend upon or even suggest that the oil industries' self-regulation and
employment of technological improvements will save the Everglades
from a fossil fuel catastrophe is bad faith. It hasn't saved anyone
anywhere yet.
Here in Florida oil operators do not even need a permit beyond
the easily obtained initial permit from FDEP, as long as they're ready
to pay a small fine. Twenty-five thousand dollars is hardly a parking
ticket for somebody that drives a four-door Bentley.
We are supposed to be comforted by assurances that 800 water
tests per week are conducted in Collier, but we know that Collier and
the DEP are understaffed and inadequately funded.
How to enforce the regulations or even test for compliance?
There's no one to even study the results of the test. I've been told that
the tests that have been done have not even been read since the
department was downsized here in this building and have been instead
kept in a file cabinet here.
Page 108
April 22, 2014
And we do know that water samples are not tested for each of the
400 to 700 lethal contaminants used in drilling. Right now there's no
way to tell whose drinking water is contaminated with what. All
along the Faka Canal from the Collier-Hogan Well to the Fakahatchee
Bay, one canal straight down. We can tell the $25,000 won't cover the
cost.
So what to do about it? We asked you to do this before, prohibit
fracking in Collier County. Do not believe oil company promises or
regulatory agencies' assurances.
Thank you.
MR. MILLER: Your next speaker is Bob Krasowski. He'll be
followed by Jennifer Hecker.
MR. KRASOWSKI: Good afternoon, Commissioners. My name
is Bob Krasowski, for the record.
I agree with much of -- well, probably all of what was said earlier
here, and I certainly appreciate Mr. Lundin's mentioning that we have
a mechanism within the county to look at these issues.
I'm somewhat frustrated and don't have much hope, actually.
When I look at the big picture of what we're facing, it looks pretty
bleak. We -- this county allowed for the unnecessary encroachment
into turtle nesting season to perform beach renourishment, which you
finished two months early. If you would have started two months
later, you would have finished six weeks early.
So, I mean, you didn't have to do it. You did it anyway. You're
not sensitive to the environment.
Then in the statewide -- Lake Okeechobee. The sugar companies
prevent a proper solution to re-divert Lake Okeechobee overfills and
allow for so many communities on the east and west coast to be
designated.
CHAIRMAN HENNING: Bob, you need to stay on topic.
MR. KRASOWSKI: I'm on topic.
CHAIRMAN HENNING: The topic -- the topic is --
Page 109
April 22, 2014
MR. KRASOWSKI: Please, don't interrupt me.
Please, I need extra time.
CHAIRMAN HENNING: The topic --
MR. KRASOWSKI: I can say what I want. Don't tell me what
to say. I'm talking about the environment -- this county and the
impact of the environmental attitude of this board and how it impacts
the overall position.
And I want my time, and I don't want to be interrupted, because
you do this consistently as a method to interrupt people from paying
attention to what I say, and I'm sick of it.
CHAIRMAN HENNING: The topic is the request of the consent
order be modified for different -- for additional provisions and
oversight and safeguards. That is the topic.
MR. KRASOWSKI: Yes. And what I'm saying is that I want
that to occur, but I'm building a background showing how pathetic the
environmental sensitivity is of this board, the state government, the
governor, the head -- Herschel Vinyard, the head of the DEP.
You already had, like you're requesting, that they -- the DEP
communicate with you. Well, they haven't even communicated over
the last 10 years with the Big Cypress Advisory Board through a
Florida Statute which is supposed to check out every one of these oil
wells that might have an impact to Big Cypress. So good luck with
that.
I don't -- I think anybody here that thinks that oil wells aren't
going to go in is dreaming.
You know, there's a little poem I wrote. Collier environment sat
on the wall. Collier environment had a great fall. And all the
agencies and governments and all the compromising environmental
groups couldn't put it back together again, and that's what's going to
happen.
We keep incrementally encroaching on the environment, and it's
pathetic. And so it's just all going to be decimated eventually.
Page 110
April 22, 2014
I'd like to mention two things on your -- under considerations.
You identified the neighbors of having fear and anxiety. I think that's
treating them like children. They have serious concerns.
And then the other thing said something about your lack of
authority. I think rather than the lack of authority, I think you
recognized your responsibility and, in doing so, Collier County has
supported --
CHAIRMAN HENNING: Bob, your time is --
MR. KRASOWSKI: -- and publicized public information
meetings and the rest of that, so --
CHAIRMAN HENNING: Your time is up.
MR. KRASOWSKI: You took my time and you interrupted,
which interrupts the whole flow of the conversation.
CHAIRMAN HENNING: Thank you.
MR. KRASOWSKI: You're not welcome.
MR. MILLER: Your next speaker is Jennifer Hecker. She'll be
followed by Pam -- I'm sorry --
MS. GHARABALLY: Gharabally.
MR. MILLER: -- Gharabally. Thank you, Pam.
MS. HECKER: Good afternoon. Jennifer Hecker on behalf of
the Conservancy of Southwest Florida and our more than 4,500
members.
We're here today to commend you and express our strong support
for the county recommendation that Collier County file a challenge to
the consent order between the Florida Department of Environmental
Protection and the Dan Hughes Company to request modification of
the order to require additional DEP oversight and safeguards.
The current consent order is inadequately protective of the
citizens of Collier County and their drinking water supply. Having the
applicant retain the consultant to assess the impacts of their own
illegal activity inherently creates a conflict of interest regardless of
DEP's input into their selection and review of their findings.
Page 111
April 22, 2014
Moreover, having the applicant responsible for monitoring and
reporting potential groundwater contamination from their own illegal
activities is completely inappropriate.
There are no stipulations with regards to what enforcement
actions or financial responsibilities would be incurred should such
contamination be found.
The permit said that violations could result in the suspension or
revocation of this permit, and that is what should have occurred. The
$25,000 fine is merely a slap on the wrist and will not substantially
deter future violations, given the profitability of such activities,
sending the signal that it's easier to ask for forgiveness than
permission.
If the permit is not suspended or rescinded, DEP should, at the
very least, levy a far higher fine, levy at least a $1 million bond for
potential cleanup expenses, and itself conduct the assessment of
impacts and monitoring for groundwater contamination with its own
in-house technical staff and programs.
It is particularly troubling that this work order was submitted and
expected to be reviewed during the Christmas break by Hughes
Company, that they commenced this activity without permission by
the DEP, and that they did not cease and desist immediately when
they were notified by the DEP to do so.
Moreover, the DEP was aware of all of this while rapidly
permitting another well application by this very same company
despite considerable concerns being expressed by other state agencies
about the potential impacts to the groundwater supply here in Collier
County, NGOs including ourselves, and the public.
Clearly, the current state legal and regulatory framework lacks
the protocols and requirements for adequate oversight of such
activities and, thus, necessitates counties, such as Collier County, to
become involved in protecting their own citizens and water supply.
For that reason, we strongly support and encourage you to pursue
Page 112
April 22, 2014
challenging this consent order.
Thank you very much.
(Applause.)
MR. MILLER: Your final public speaker on this item is Pam
Gharabally.
MS. GHARABALLY: Thank you. Again, Pam Gharabally, 663
106th Avenue North.
I just wanted to set the record straight. You mentioned that you
followed through on No. 10 and you'd like to take credit, Mr.
Summers' report, regarding bringing in the Big Cypress Swamp
Advisory Committee, and you thought you did your job.
Well, quite frankly, the big Cypress Swamp Advisory Committee
would not have been called if Preserve Our Paradise, which is a
nonprofit organization, did not take them -- Hughes and Collier
County -- Collier Resources to court, and we -- are already in an
administrative hearing.
Judge Alexander is the one who called the Big Cypress Advisory
Committee to make a recommendation because he realized they had
not been asked. This committee has not been asked for years and
years. Nobody on the committee has even been asked for 20 years. So
perhaps your administrative idea -- now it might be a good idea. I
applaud you for doing it. You're a little late. And besides that, please
don't take credit for it. It's because Preserve Our Paradise is in court
already, and Judge Alexander is the one who asked for it.
Thank you.
CHAIRMAN HENNING: Thank you.
(Applause.)
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Thank you for bringing the
executive summary forward, Commissioner Nance.
In light of the fact that the county attorney has not had an
opportunity to review what you've presented, I would like to give the
Page 113
April 22, 2014
county attorney the opportunity to comment on what Commissioner
Nance has presented as well as some of the comments made by the
citizens regarding an ordinance and what jurisdiction we have and
don't have.
Can you clarify what we can and cannot do legally?
MR. KLATZKOW: I'll try. Okay. I did have the opportunity to
speak, relatively briefly, with Commissioner Nance yesterday, who
gave me the heads-up that this was coming on, so we have done a little
bit of our homework.
COMMISSIONER HILLER: Could you speak into the mike so
we can hear a little bit better. Thank you.
MR. KLATZKOW: I've got a time pressure on this one. I've got
an order that was done April 8th, or 21 days, which means, on the
conservative side, I have until next Tuesday to file something. So
we're not going to be able to come back to the board. So whatever
direction you can give me today will be appreciated, because I'm not
going to have the opportunity to meet with you again on that.
COMMISSIONER HILLER: To that end, I would appreciate if
you can give us guidance as to what type of direction you need to get
this done.
MR. KLATZKOW: Okay. Well, at this point in time, I have
Commissioner Nance's executive summary with the recommendation,
so I do have that.
Mr. Summers had given you a white paper back in December -- I
believe Commissioner Nance referred to that one -- and I do have that
to work with.
COMMISSIONER NANCE: Yes, sir. That's the meeting that
we had. We had the original agenda item in September, and Mr.
Summers came back and presented his white paper and his
recommendation.
And, ma'am, that -- we weren't taking credit for it. That was a
recommendation that we made at the time in October, and that was the
Page 114
April 22, 2014
meeting of October 8th, and that was hem No. 5D was -- a white
paper was backup to that report that Mr. Summers delivered.
So the recommendations that he made in that white paper under
the heading "Water Resource and Aquifer Protection
Recommendations," which he presented to this board at the time,
reminded the board that these were recommendations that Collier
County would prefer and would seek to achieve through willing
participation of the applicant but that Collier County does not have the
legal ability to weigh in on environmental monitoring and so on and
so forth. That is in the wheelhouse of FDEP and other regulatory
agencies.
So we have Mr. Summers' recommendations in the form of 10
specific items that he and staff came up with to guide us. And I know
we have a -- you know, it's a time-sensitive issue, and we have to do
something before the 29th and have it in their hands by then.
But I believe that opening up those items and reviewing what the
consent order already includes and adding additional items that are
appropriate is, perhaps, our best approach here. It's the remedy that is
available to us.
COMMISSIONER HILLER: Can I get -- hear from him?
MR. KLATZKOW: Again, the direction I'm taking right now is
from the executive summary with the recommendation, and you do
have that in front of you, and that's what the petition would include.
I do have Mr. Summers' white paper. I can include that.
We're going to take the fact that we are a person with a
substantial interest in this. We've had that challenge before by the
state. We've been successful before. We'll see if this one gets by.
Some of the speakers talked about revocation of the permit. That
is not this direction. So unless I'm directed otherwise, we will not be
seeking that.
COMMISSIONER HILLER: Let's go to the beginning. What
you've just said is that you believe that we can establish standing to
Page 115
April 22, 2014
request that this consent order be modified?
MR. KLATZKOW: If Collier County does not have a
substantial interest in this consent order, in my opinion, no one does
other than the two parties.
COMMISSIONER HILLER: I understand. But -- so you're
saying that you feel that we likely will meet that threshold test of
having standing?
MR. KLATZKOW: It's been challenged before. We'll see.
COMMISSIONER HILLER: Okay. So that's the first thing.
The second thing is to modify to give us the ability to have
oversight for environmental protection.
Will the courts be able to give us that jurisdictional authority, or
can we derive that jurisdictional authority from any other source?
MR. KLATZKOW: Well, this is a consent order. My
expectation would be that the parties will enter into a settlement
agreement rather than go through a long hearing and agree to these
things. That I would bring back to you, obviously, before the county
would consider entering into it.
And that would be the tact I would take, to try to see if I can just
get ourselves, as an interested party, ensconced in this consent order.
COMMISSIONER HILLER: And then move to award some sort
of settlement that will give us oversight authority?
MR. KLATZKOW: Well, not give us oversight authority but to
at least be able to work with the state on this. We want to have a
material voice in this, I think, is what I'm getting here.
COMMISSIONER HILLER: And the question I have is, will we
have the ability to get legal authority to do what Commissioner Nance
is providing for here, which -- additional provisions for oversight,
safeguards, monitoring to protect the environment and ensure health,
safety, and welfare of the citizens of Collier County.
Will that in some way be given to us through a settlement
agreement, or is there some other legal way for us to get jurisdiction
Page 116
April 22, 2014
over this issue so that we can ensure that?
MR. KLATZKOW: I don't know. I don't know. But I will tell
you that I'm looking at a map now of the oil fields in Florida and, for
the most part, they're largely in Collier County.
This really is not a State of Florida issue. It's a -- it's a Southwest
Florida issue. There are several fields up by Pensacola.
You know, if we don't -- if we don't have an interest in this, I
don't know who else does. And I would say that, you know, from a
legislative standpoint we don't have a say. I would talk to the
legislative delegation we have and say, well, we need a say.
COMMISSIONER HILLER: So the first thing is then, in what
we're guiding you to do today, is to go ahead and challenge the
consent order --
MR. KLATZKOW: Yes.
COMMISSIONER HILLER: -- establish standing on our behalf
and show that we have a significant interest and that we want to
participate in the oversight, safeguards, and monitoring to protect our
environment and ensure the public's health, safety, and welfare?
MR. KLATZKOW: Yes. That's my understanding.
COMMISSIONER HILLER: And then the next issue that I
question is, does the EPA have any jurisdiction with respect to what's
going on?
MR. KLATZKOW: I don't know. I just --
COMMISSIONER HILLER: I understand, but can you look into
that?
MR. KLATZKOW: Yes, ma'am.
COMMISSIONER HILLER: That's something I think we need
to know, because, you know, groundwater contamination is a
significant concern to the EPA, and there is federal legislation
regarding --
MR. KLATZKOW: I don't know where the oil is and where the
aquifer is, to be blunt.
Page 117
April 22, 2014
COMMISSIONER HILLER: I understand. But that is, I think,
something that we need to look into and determine whether the EPA
should be involved and there should be, you know, some sort of
oversight --
MR. KLATZKOW: Yes, ma'am.
COMMISSIONER HILLER: -- through them as well as through
the state.
What was the next issue you raised, the permit?
MR. KLATZKOW: You had asked me to comment on some of
the public speakers and --
COMMISSIONER HILLER: Yes. The one issue that was raised
was that there was an ordinance that allowed us to -- and I don't have
the ordinance in front of me, so I don't know what the ordinance
provides for.
MR. KLATZKOW: Your staff can take a look at that. It's not
much of an ordinance, I'll tell you that.
COMMISSIONER HILLER: What is the ordinance?
MR. DURHAM: I can put it up right now, ma'am, if you just
give me a second.
This is the codified version of it, if you look in the screen. I'll
just slowly scroll down. It's not particularly long.
COMMISSIONER HILLER: This is about the pollution control
division within the county, protecting groundwater.
MR. DURHAM: Protecting the groundwater, freshwater, surface
waters, and other non-tidal water resources from all sources of
pollution in the county.
The Board of County Commissioners shall take all necessary and
desirable actions to implement the purposes of this program.
COMMISSIONER HILLER: Can you continue to the next page.
MR. DURHAM: Yes, ma'am. It just gets into a little bit of the
funding and the advisory board.
COMMISSIONER HILLER: County Attorney, can you tell us
Page 118
April 22, 2014
what we can do under this particular ordinance?
MR. KLATZKOW: I don't know. I'm going to need to look at
this ordinance, the history. I doubt very much it was written with the
thought process of oil wells. You know, I want to take a look at the
Comprehensive Plan we have. I don't know. I do know we can come
back with you at the next meeting on this issue with a
recommendation.
COMMISSIONER HILLER: Then if you could do that.
MR. KLATZKOW: But where I do not have the time is on this
petition.
COMMISSIONER HILLER: Right. No, I understand. But
we're going to address this, you know, as part of a motion, a
multi-pronged motion.
MR. KLATZKOW: I understand, ma'am.
COMMISSIONER HILLER: But I just want to cover all the --
what about the actual permit?
MR. KLATZKOW: The public speakers, one or more of them,
raised the issue about seeking a revocation of the permit. That is not
the direction under the executive summary.
COMMISSIONER HILLER: Well, what can be done with
respect to that?
MR. KLATZKOW: Well, you can seek it. I don't know if they'll
grant it, but you can seek it.
COMMISSIONER HILLER: Seek it as part of the motion to
amend the consent order? Add that --
MR. KLATZKOW: Yes.
COMMISSIONER HILLER: -- as an element?
MR. KLATZKOW: Yes. I mean, we can challenge it under that
thing. I guess -- you know, there are some people who believe that
this oil company has lied to us, that this oil company said that they
would never do fracking, that, in fact, you couldn't do fracking. And
if you've got a person out there who's just lying to you blatantly, I
Page 119
April 22, 2014
don't know why you'd want to do business with them, and that would
be the argument with the state. You can regulate them all you want.
If they're going to lie to you, I don't know what to tell you.
COMMISSIONER HILLER: All right.
Commissioner Nance, do you have a problem adding --
requesting the revocation of the permit based on the
misrepresentations made by the company?
COMMISSIONER NANCE: I have absolutely no problem with
it. My intent in this was to gain back control over a vendor that's
conducting business in the county that is being less than forthright in
what they're telling not only the people but members of this board and
the public at large as to what their intention was.
And if they didn't outright lie, they were certainly deceptive in
the way it was presented, and it does not give comfort to anybody to
have that taking place.
The problem that we have in the county is that we really do not
have the resources available to provide some of the oversight on the
technical things that are taking place and the ways that it really needs
to be done.
So my concern is that we establish a better relationship with
FDEP, and if FDEP is going to be in charge of this issue, that, in fact,
they get in charge of the issue.
COMMISSIONER HILLER: Okay.
COMMISSIONER NANCE: They simply have to step up, start
listening to what we're telling them, start listening to what the public
tells them, because there's not a lot of difference between that, because
they are the agency in charge, so they say. Well, they need to be in
charge of this issue.
COMMISSIONER HILLER: Yeah, so --
COMMISSIONER NANCE: And that we need to do what we
can under this petition to ask them to add oversight and safeguards in
light of what has taken place. And I don't know how that does. I don't
Page 120
April 22, 2014
know that we -- that we want to have that responsibility, but certainly
somebody does that has the capability of doing the right thing on this
topic.
COMMISSIONER HILLER: I think you're absolutely right.
This goes back to what Conservancy said, that the state has certain
affirmative duties and that we need to compel them to perform
according to what their responsibilities are for our protection, and that
should also be part of this request to modify the consent order; that,
you know, we request that they commit to perform under their
statutory obligation to protect us and that we have the right to review
and ensure and compel that as persons of interest.
COMMISSIONER NANCE: Well, ma'am, due to the sensitivity
and -- County Attorney, due to the sensitivity of the situation we have,
not only on the Hogan Island well but on other wells that are being
proposed that, additionally, add the issue of being in proximity to
residents -- and my saying proximity meaning that residences exist
within the hazard planning area as defined by FDEP.
If we have a vendor that is going to conduct business in this
manner, then there need to be protections, and I think this is our -- that
this consent order and this administrative hearing is our best option to
bring this before the regulatory agencies.
I don't know that we have any other way to do so. We are bound
by the same sorts of processes that the public has encountered all
along this process.
COMMISSIONER HILLER: So --
COMMISSIONER NANCE: That's been what you have told this
board.
COMMISSIONER HILLER: So, basically, what I think we
ought to do is the motion should require you, the county attorney, to
file a modification to the consent order to provide that the state must
do what it's required to do statutorily to protect the interests of the
citizens of Collier County against unlawful drilling, and you can
Page 121
April 22, 2014
specify, you know, what those requirements are; that there shall be no
fracking in Collier County; and that we request that this company's
permit be withdrawn because the company has exhibited bad faith;
and that, further, that we ask you to research what jurisdiction the
EPA has and to further research what we can do under the ordinance
before us today, which is number -- I can't see the top of it. What's the
top --
MR. DURHAM: 89-20.
COMMISSIONER HILLER: -- 89-20; and, lastly, that we ask
staff to work with our legislative delegation to bolster protections at
the state level against the dangers of drilling both to the environment
and to residents of communities in Florida.
MR. KLATZKOW: Does that motion include the inclusion of
the recommendations in the executive summary?
COMMISSIONER HILLER: Yes.
CHAIRMAN HENNING: We don't have a motion.
COMMISSIONER HILLER: I just made a motion.
CHAIRMAN HENNING: You just made a motion. Well --
COMMISSIONER HILLER: That was the motion.
CHAIRMAN HENNING: Let's -- I know that this has been put
on the agenda without much study, but let's -- and input, so let's not
look like fools when we send up information to the state.
COMMISSIONER HILLER: Well, we're not. What the county
attorney will do -- he's on --
CHAIRMAN HENNING: Hang on.
COMMISSIONER HILLER: -- deadline. He's got -- what's
your due date to file a modification?
CHAIRMAN HENNING: Well, I understand the -- I understand
the time frame; however, the ordinance has nothing to do with oil
wells. It has everything to do with the effects of sewers with the
ground --
COMMISSIONER HILLER: It may very well be, but that is not
Page 122
April 22, 2014
-- we're asking the county attorney to research if it does have anything
to do with --
CHAIRMAN HENNING: Okay. But that's not --
COMMISSIONER HILLER: -- groundwater contamination
related to oil wells. He'll have to go back into the history of the
ordinance.
We're not discussing or debating whether the ordinance does or
doesn't apply. The county attorney will come back to us at the next
meeting with his research.
CHAIRMAN HENNING: So you're changing your motion?
COMMISSIONER HILLER: No, no. My motion was to direct
him to research certain things as well as to do certain things. He is to
research this ordinance. He is to research the EPA's involvement.
Staff will come back to us with, you know, recommendations,
you know, what we should ask our legislators to do with respect to
state law.
But what he needs to get done by the 21st is to modify the
consent order as we -- as I just described in this motion.
CHAIRMAN HENNING: Okay. Well, let me read you — to
save some steps -- Ordinance 85-31 .
COMMISSIONER HILLER: I have it in front of me.
CHAIRMAN HENNING: When --
COMMISSIONER HILLER: Which one is in front of me?
CHAIRMAN HENNING: May I finish? When the board passed
it, Environmental Services Administrator Lorenz stated that this is a
housekeeping item, nothing to do with the '84 referendum passed to
create a water pollution program but limit the scope of monitoring
studies abating the effects of sewer disposal in the county's water
resource. He advised that the referendum held in '88 -- which explains
the scope of the program to protect the groundwater, freshwater,
surface water, and other non-tidal resources from all sources of
pollution without increasing the millage.
Page 123
April 22, 2014
COMMISSIONER HILLER: And that may very well be the
case, and we'll let the county attorney confirm that when he comes
back.
CHAIRMAN HENNING: Okay.
COMMISSIONER HILLER: It may be totally nonapplicable,
and you may be absolutely right, and the county attorney should
confirm if it doesn't apply.
CHAIRMAN HENNING: So I'm trying to understand what
we're doing here, and I understand and agree with -- Commissioner
Nance, you want for the -- for the state to provide information on all
correspondence and tests and any other related material due -- for this
well and any other well.
COMMISSIONER NANCE: In the future, yes, sir, I'm trying to
re-establish direct communication with --
CHAIRMAN HENNING: Right.
COMMISSIONER NANCE: -- FDEP so that we are advised of
our responsibilities as well as understand the responsibilities that they
should be taking in our behalf.
CHAIRMAN HENNING: So -- and that you want as part of the
challenge to the consent order?
COMMISSIONER NANCE: Part of the challenge, yes, sir.
What I was trying to do, Mr. Chairman and members, I was
trying to -- the consent order outlines a process and it is very narrow
in and what exactly they want regarding a challenge to the consent
order and the sort of things and the way they want it represented so
they can understand it clearly. And what I want to do is I want to
make sure that we include things that we have carefully considered
already.
And I appreciate -- you know, Commissioner Hiller suggests that
we add revoking the permit; I think that is fine, but I don't want to
make it so overly broad that we lose standing somehow in our
challenge to this and we lose our ability to influence DEP.
Page 124
April 22, 2014
So I want to make sure that we get a good, tight, well thought out
and considered petition filed by the deadline so that we can move
forward. And I believe establishing a protocol is going to open the
conversation also to other needs that we may have in the future, and
that may well be just as important as modifying the consent order.
I think the protocol is what we're really lacking and the reason
we're suffering ridiculous situations like we have.
COMMISSIONER HILLER: And we need the assistance from
the legislative delegation to establish that relationship and lobby on
our behalf to have those communications.
COMMISSIONER NANCE: Yes.
COMMISSIONER HILLER: That would be part of the direction
to staff.
COMMISSIONER NANCE: Well, certainly we -- right. We
can come back with -- there's many additional things that we can do,
but right now this is the -- this is the opportunity for remedy that we
have, and I want to make sure that we don't stumble over trying to
make it overly broad. I want the county attorney to be able to go to
work on this and get this done and filed in a timely fashion.
COMMISSIONER HILLER: County Attorney, do you need --
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Thank you. Do you need any -- do
you need any further direction? Is that sufficient? Can you tailor --
CHAIRMAN HENNING: There's no second to the motion, so
let's just wait.
COMMISSIONER HILLER: Right. I just want to clarify that
before I finalize the motion. Do you?
MR. KLATZKOW: I'm good.
COMMISSIONER HILLER: Are you good with that? Do you
feel that it's overly broad, or is there anything that should be
eliminated from the motion?
MR. KLATZKOW: I'm going to take the direction as general
Page 125
April 22, 2014
direction to me. I'll work with staff, and if the board directs me to do
this, we will file the paperwork.
COMMISSIONER HILLER: Okay.
CHAIRMAN HENNING: Who's next? Commissioner Nance.
COMMISSIONER HILLER: So I have a motion on the table.
CHAIRMAN HENNING: What is your motion?
COMMISSIONER HILLER: I've already stated it twice over for
your benefit, so I'm going to allow the --
CHAIRMAN HENNING: Well, one of them is --
COMMISSIONER HILLER: -- court reporter to read it back
rather than repeat it, because I'm not going to repeat it.
CHAIRMAN HENNING: Okay. One of them is --
COMMISSIONER HILLER: I think it's very clear.
CHAIRMAN HENNING: -- is to revoke the permit; is that
correct?
COMMISSIONER HILLER: That was one of the things.
CHAIRMAN HENNING: Okay.
COMMISSIONER HILLER: And that was something that I
asked Commissioner Nance if he felt that was appropriate, and he felt
it was in light of the fact that the company lied.
CHAIRMAN HENNING: Okay.
COMMISSIONER HILLER: Since this is in his district and his
constituents, I'm going to defer to him. If he feels that it is appropriate
to request that the permit be withdrawn in light of what we have now
found out, then I will make that as part of my motion. If he chooses
not to include that, I'll withdraw it, but I'm deferring to him. It's his
district.
COMMISSIONER NANCE: I think it's perfectly reasonable. I
don't think there's any reason why we shouldn't include that. I mean,
this is going to be an administrative hearing where we're going to be
able to bring up all the concerns that we have.
I just thought that the requirements for oversight safeguards and
Page 126
April 22, 2014
monitoring have been well thought out by Mr. Summers. I wanted to
have him be able to support the county attorney in those things since
we have thought about those. We don't have to rethink everything
completely, but to add the revocation of the permit is perfectly okay
with me.
CHAIRMAN HENNING: Would you read back the motion?
THE COURT REPORTER: If I can find it. I'm sorry. I can't
find it right now.
COMMISSIONER HILLER: All right. Let me try to -- if you
can't find it, I'll repeat it.
And, County Attorney, correct me if this is different in any way;
I don't believe it is.
So the motion is to direct the county attorney to file a request for
modification of the consent order, to require that there be -- that the
state is compelled to perform under its duty to provide oversight,
safeguards, and monitoring to protect the environment and ensure the
health, safety, and welfare of the citizens of Collier County; to include
a request for withdrawal of the permit to the Dan A. Hughes
Company; and to provide for no fracking to be allowed in Collier
County. Is that okay? Or just no fracking as it relates to the Dan A.
Hughes Company?
I don't want to be overly broad, but no fracking as to the Dan A.
Hughes Company?
MR. KLATZKOW: I'm limited -- we're limited to this consent
order.
COMMISSIONER HILLER: Right. I thought the -- doesn't the
consent order -- I thought it addressed fracking. Well, you can verify
that. If it doesn't -- if it doesn't address it and you don't believe it's
responsive, you just won't include it.
MR. KLATZKOW: Yes, ma'am.
COMMISSIONER HILLER: And to separately have the county
attorney research whether the ordinance presented today -- and it's
Page 127
April 22, 2014
Ordinance No. -- what is it? Can you scroll it down or put it back up.
What is it?
MR. DURHAM: 89-20, ma'am.
COMMISSIONER HILLER: 89-20. That Ordinance 89-20,
whether or not -- and to have the county attorney research separately
to be brought back at the next meeting whether 89-20 would give us
jurisdiction to act with respect to this situation; and to direct staff to
work with our legislative delegation to bolster statutory oversight and
to include additional safeguards with respect to drilling and fracking
as it relates to both the environment and the health, safety, and welfare
of the citizens of the state.
MR. KLATZKOW: And I believe your motion incorporated the
recommendations in the executive summary motion?
COMMISSIONER HILLER: And, lastly, to incorporated the
recommendations in the executive summary presented by
Commissioner Nance here today.
COMMISSIONER NANCE: Ma'am, if that would -- if that
would also include that the provisions for the oversight, safeguards,
and monitoring reference what Mr. Summers work did, I will second
that.
COMMISSIONER HILLER: And that the references to the
oversight, safeguards, and monitoring include the recommendations
presented by Mr. Summers in the exhibit that he presented at the board
meeting when this matter was covered.
And I see staff nodding their heads. Mr. Casalanguida, Mr.
Summers, Mr. Ochs?
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: Are you okay with that?
MR. OCHS: I understand it.
CHAIRMAN HENNING: Okay. There's a motion by
Commissioner Hiller, a second by Commissioner Nance as stated.
I cannot support the motion because it's broad. It's --
Page 128
April 22, 2014
COMMISSIONER HILLER: That's what the county attorney
wanted.
CHAIRMAN HENNING: May I finish, please?
COMMISSIONER HILLER: Sure.
CHAIRMAN HENNING: This has to do with the Oil Well
20-3H. That's what the consent order is. The motion is broader than
that well and, you know, other wells can be addressed at another time
or general provisions, either through DEP or the county.
COMMISSIONER HILLER: Commissioner Nance, do I have a
second on my motion?
COMMISSIONER NANCE: Yes, I gave you a second, ma'am.
COMMISSIONER HILLER: As modified?
COMMISSIONER NANCE: To -- in order to -- can I speak, sir?
CHAIRMAN HENNING: Yeah.
COMMISSIONER NANCE: In order to -- in order to address
Commissioner Henning's concerns on this, could you -- could we
break this into several discrete motions, one that has to deal directly
with my executive summary to give the county attorney specific
guidance on this item and then follow up with additional motions that
you may have concern about so we can --
MR. KLATZKOW: May I?
COMMISSIONER NANCE: -- perhaps get this moving
forward?
MR. KLATZKOW: Having listened to the board, I think my
direction is as follows: All right. It's really going to be asking in the
alternative. The first count, if you will, would be a request that the --
COMMISSIONER HILLER: Can you speak into the mike.
MR. KLATZKOW: The first count of the petition would, in
effect, be requesting that the permit be revoked. Failing that, okay, to
seek a modification of the consent order. That modification would
include the recommendations in the executive summary and Mr.
Summers' protocols to the extent that those particular items are
Page 129
April 22, 2014
relevant to the consent order.
COMMISSIONER HILLER: Right.
CHAIRMAN HENNING: Are relevant to the well.
MR. KLATZKOW: This consent order, yes.
COMMISSIONER HILLER: Right. Absolutely. I mean,
everything has to be relevant to the consent order. I mean, nothing
else -- I mean, we're not making any -- they can't rule on anything
that's beyond the issue that the consent order relates to. That goes
without saying.
COMMISSIONER NANCE: Is that modification acceptable to
your motion, ma'am? It is to my second.
Does that help you, Commissioner Henning?
COMMISSIONER HILLER: It can't be done any other way.
They don't have jurisdiction beyond the issue that's before them. Is
that okay?
CHAIRMAN HENNING: Well, now we're sticking to the issue
on the consent of the one well. Prior it was not.
COMMISSIONER HILLER: We're -- no, because we're talking
about the consent order, I mean, the issues under that particular
consent order. Whatever they ruled on is what we have the ability to
be responsive to.
CHAIRMAN HENNING: Okay. Commissioner Fiala, I'm
sorry.
COMMISSIONER FIALA: That's all right.
I think that we need to get this done expeditiously because we
have a time limitation. We can always expand on that at a later time,
but right now we need to get this moving forward, so I'm in line with
you guys.
COMMISSIONER HILLER: Thank you, Commissioner Fiala.
Can you please call the question, Commissioner Henning.
CHAIRMAN HENNING: No further discussion on the motion?
(No response.)
Page 130
April 22, 2014
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
(Applause.)
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
CHAIRMAN HENNING: Now we go to county manager's and
commissioners' correspondence.
MR. OCHS: Yes, sir. I have nothing today, Commissioners,
except to remind you of your May 6th CRA workshop at 1 p.m. in the
chambers.
CHAIRMAN HENNING: Okay.
MR. OCHS: Thank you.
CHAIRMAN HENNING: County Attorney?
MR. KLATZKOW: Nothing, sir.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Nothing.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Nothing additionally, sir.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: I have great news. I actually have
really great news. I just heard -- and, of course, this is all subject to
Governor Scott, because he could always veto.
Page 131
April 22, 2014
But as of right now the appropriation of two-and-a-half million
for the Collier County accelerator is -- has been approved both in the
House budget and the Senate budget.
So unless the governor's office says to the contrary, the county
will receive two-and-a-half million, and we will have the first real
accelerator which will serve the county, the region, and the state, and I
think we even may have our first tenant.
COMMISSIONER FIALA: You know --
COMMISSIONER HILLER: But we'll bring that at the next
meeting.
COMMISSIONER FIALA: Could I add?
COMMISSIONER HILLER: Yeah.
COMMISSIONER FIALA: Last night I talked to Kathleen
Passidomo, again, throwing in my two cents.
COMMISSIONER HILLER: Yep.
COMMISSIONER FIALA: And between our Representative
Kathleen Passidomo and --
COMMISSIONER HILLER: She did an excellent job.
COMMISSIONER FIALA: -- and our Senator Garrett Richter,
they worked very hard on this. And so we owe them a debt of
gratitude.
COMMISSIONER HILLER: Yep, absolutely. Senator Richter
and House Representative Passidomo worked tirelessly to get this
done.
CHAIRMAN HENNING: Well, it's my understanding that you
worked very hard on getting that when you went up to Tallahassee, so
thank you.
COMMISSIONER HILLER: It was fun.
COMMISSIONER FIALA: Me, too.
COMMISSIONER HILLER: Yeah, she did.
CHAIRMAN HENNING: Oh, that isn't what I heard, but that's
fine. We appreciate your work.
Page 132
April 22, 2014
COMMISSIONER HILLER: Commissioner Fiala worked
tirelessly, and as did the county attorney, who was involved as well. I
mean, it was nonstop work.
COMMISSIONER NANCE: Well, my personal thanks to you,
again, both of you, for carrying the documents related to the
Southwest Florida Research and Education Center north with you
when you went up there for all the work.
COMMISSIONER HILLER: We did.
COMMISSIONER NANCE: So that was very thoughtful and
appreciated.
COMMISSIONER HILLER: That was another thing we worked
hard on.
CHAIRMAN HENNING: Anything else?
COMMISSIONER HILLER: Let me just think. The Bruins are
going to win Stanley Cup Playoffs. I just want you to know that, Leo.
I'm going to announce it publicly.
MR. OCHS: Very good.
COMMISSIONER HILLER: I'm putting everything on the
Bruins. And I was going to wear a baseball cap, but I didn't want to
mess up my hair, and I really didn't want to be -- put you in a position
where I'd have to make you wear it, because that would have been a
little bit like maybe asking too much, right? I'm just trying to think.
COMMISSIONER NANCE: You can't mess up Leo's do with a
baseball cap.
COMMISSIONER HILLER: I don't think anything can mess up
Leo's do. I'm just trying to think what else.
CHAIRMAN HENNING: Take your time.
MR. OCHS: Mr. Chairman, I'm sorry to interrupt. There was a
request -- would you check your speaker slips, Troy. It may have
been on the public petition.
MR. MILLER: On the public petition, yes, I was given these,
but I was -- we don't normally call for speakers on that.
Page 133
April 22, 2014
MR. OCHS: Right. Was that registered for public comment or
for the public petition?
MR. MILLER: For the public petition, sir.
MR. OCHS: Okay. There is no comment allowed on public
petition by speakers.
CHAIRMAN HENNING: Is there anything else?
COMMISSIONER HILLER: I'm trying to think.
COMMISSIONER NANCE: No.
CHAIRMAN HENNING: No?
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: County Attorney, would you check
and make sure our speaker slips are compliant to the law. If they are,
we need to enforce it. If not, we need to modify it.
MR. KLATZKOW: I've already sent direction out to do that.
CHAIRMAN HENNING: You have?
MR. KLATZKOW: Yes, I have.
CHAIRMAN HENNING: Would you let me know and possibly
other board members?
MR. KLATZKOW: Yes, I will.
CHAIRMAN HENNING: Okay.
MR. KLATZKOW: And our speaker slips are fine the way they
are. The reason for the address request in the speaker slips is
oftentimes the board might do a reconsideration, and the speakers who
were actually here should be notified --
COMMISSIONER HILLER: About a reconsideration.
MR. KLATZKOW: -- that, by the way, this was reconsidered so
that they can come back the second time.
COMMISSIONER HILLER: That makes sense.
CHAIRMAN HENNING: Okay. Entertain a motion to adjourn.
COMMISSIONER HILLER: Motion to adjourn.
COMMISSIONER NANCE: Second.
COMMISSIONER HILLER: And thank you for managing this
Page 134
April 22, 2014
meeting very well.
CHAIRMAN HENNING: Motion and second. And seeing no
objections, we are adjourned.
COMMISSIONER NANCE: Thank you.
**** 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
RECEIVE AND APPROVE THE COLLIER COUNTY
FLOODPLAIN MANAGEMENT PLAN 2013 PROGRESS
REPORT AND ACTION PLAN FOR 2014 — COLLIER COUNTY
IS CURRENTLY RATED AS A CLASS 6 COMMUNITY, WHICH
PROVIDES UP TO A 20 PERCENT DISCOUNT ON THE
PREMIUM RATES CHARGED TO POLICY HOLDERS OF
FLOOD INSURANCE
Item #16A2
FINAL PLAT OF DEL WEBB NAPLES, PARCEL 112C,
(APPLICATION NUMBER PL20130002713) APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY — THE DEVELOPER MUST
RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC
FACILITIES PRIOR TO THE ISSUANCE OF THE
CONSTRUCTION PLAN FINAL APPROVAL LETTER
Item #16A3
Page 135
April 22, 2014
FINAL PLAT OF PONTE RIALTO, (APPLICATION NUMBER
PL20130002029) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY — THE DEVELOPER MUST RECEIVE A
CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO
THE ISSUANCE OF THE CONSTRUCTION PLAN FINAL
APPROVAL LETTER
Item #16A4
FINAL PLAT OF INLAND PROPERTIES ONE (APPLICATION
NUMBER PL20130002524) — LOCATED IN SECTION 30,
TOWNSHIP 49 SOUTH, RANGE 26 EAST
Item #16A5
FINAL PLAT OF DEL WEBB NAPLES, PARCEL 102, PHASE 1
(APPLICATION NUMBER PL20130001940) APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY — THE DEVELOPER MUST
RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC
FACILITIES PRIOR TO THE ISSUANCE OF THE
CONSTRUCTION PLAN FINAL APPROVAL LETTER
Item #16A6
FINAL PLAT OF MERIDIAN VILLAGE PHASE 2
(APPLICATION NUMBER FP-PL20130002338) — LOCATED IN
SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST
Page 136
April 22, 2014
Item #16A7
FINAL PLAT OF SENECA AT TALIS PARK, (APPLICATION
NUMBER PL20130000311) APPROVAL OF THE STANDARD
FORM CONSTRUCTION AND MAINTENANCE AGREEMENT
AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY — THE DEVELOPER MUST RECEIVE A
CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO
THE ISSUANCE OF THE CONSTRUCTION PLAN FINAL
APPROVAL LETTER
Item #16A8
RESOLUTION 2014-72: FINAL PLAT OF SANDALWOOD
(APPLICATION NUMBER AR-8661) WITH THE ROADWAY
AND DRAINAGE IMPROVEMENTS BEING PRIVATELY
MAINTAINED AND TO AUTHORIZE THE BOARD OF
COUNTY COMMISSIONERS TO ACCEPT THE PLAT
DEDICATIONS AND TO RELEASE THE MAINTENANCE
SECURITY IN THE AMOUNT OF $164,188.62, IN THE FORM
OF A LETTER OF CREDIT
Item #16A9
A WAIVER IN ACCORDANCE WITH THE GUIDELINES SET
FORTH IN THE ADVANCE STREET NAME GUIDELINES
POLICY AND RESOLUTION NO. 2012-114 FOR THE
PLACEMENT OF ADVANCE STREET NAME GUIDE SIGNS
ALONG IMMOKALEE ROAD AT THE APPROACHES TO
QUARRY DRIVE/WOODCREST DRIVE
Item #16A10
Page 137
April 22, 2014
A RELEASE OF LIEN WITH AN ACCRUED VALUE OF
$67,562.47 FOR PAYMENT OF $1,512.47, IN THE CODE
ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY
COMMISSIONERS V. JOHN W. RODGERS JR., SPECIAL
MAGISTRATE CASE NO. CEPM20110016125, RELATING TO
PROPERTY LOCATED AT 5580 CYNTHIA LANE, COLLIER
COUNTY, FLORIDA — THAT WAS BROUGHT INTO
COMPLIANCE BY THE NEW OWNER ON JANUARY 27, 2014
Item #16A11
A RELEASE OF LIEN WITH AN ACCRUED VALUE OF
$15,035.43 FOR PAYMENT OF $4,235,43, IN THE CODE
ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY
COMMISSIONERS V. ABRAHAM & SWEENEY PA TR GRANT
FAMILY LAND TRUST, SPECIAL MAGISTRATE CASE NO.
CEPM20120006351 , RELATING TO PROPERTY LOCATED AT
15134 BROLIO LANE, COLLIER COUNTY, FLORIDA — THE
PROPERTY WAS BROUGHT INTO COMPLIANCE BY THE
COUNTY ON OCTOBER 29, 2012, AND THE NEW OWNER IS
REQUESTING A WAIVER OF ACCRUED FINES
Item #16Al2
A RELEASE OF LIEN WITH AN ACCRUED VALUE OF
$102,212.38, FOR PAYMENT OF $1 ,662.38, IN THE CODE
ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY
COMMISSIONERS V. CHINA PAVILION, INC., SPECIAL
MAGISTRATE CASE NO. CEPM20120008709, RELATING TO
PROPERTY LOCATED AT 5325 CORONADO PARKWAY,
COLLIER COUNTY, FLORIDA — THE VIOLATION WAS
Page 138
April 22, 2014
ABATED BY THE COUNTY ON JANUARY 10, 2014 AND NOW
IN COMPLIANCE AND THE NEW OWNER HAS PAID THE
COUNTY'S ABATEMENT COSTS
Item #16A13
A RELEASE OF LIEN WITH AN ACCRUED VALUE OF
$197, 112.56 FOR PAYMENT OF $2,112.56, IN CODE
ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY
COMMISSIONERS V. ALLAN PERDOMO, SPECIAL
MAGISTRATE CASE NO. CEPM20100017929, RELATING TO
PROPERTY LOCATED AT 1990 50TH ST. SW, COLLIER
COUNTY, FLORIDA — THE NEW OWNER ABATED THE
VIOLATIONS ON MARCH 19, 2013
Item #16A14
A RELEASE OF LIEN WITH AN ACCRUED VALUE OF
$71 ,867.87 FOR PAYMENT OF $2,000., IN THE CODE
ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY
COMMISSIONERS V. ALLAN PERDOMO, SPECIAL
MAGISTRATE CASE NO. CESD20080010511 , RELATING TO
PROPERTY LOCATED AT 1990 50TH ST. SW, COLLIER
COUNTY, FLORIDA — THE NEW OWNER ABATED THE
VIOLATIONS ON MARCH 25, 2013
Item #16A15
A RELEASE OF LIEN WITH AN ACCRUED VALUE OF
$169,082.29 FOR PAYMENT OF $12,082.29, IN THE CODE
ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY
COMMISSIONERS V. SADDLEBROOK APARTMENTS, LLC,
Page 139
April 22, 2014
CODE ENFORCEMENT BOARD CASE NO. CEPM20120009999,
RELATING TO PROPERTY LOCATED AT 8625
SADDLEBROOK CIRCLE, COLLIER COUNTY, FLORIDA —
THE PROPERTY WAS BROUGHT INTO COMPLIANCE ON
APRIL 2, 2014 AND NEW OWNER IS ACTIVELY
MAINTAINING THE PROPERTY
Item #16A16
RECOGNIZING ADDITIONAL FEDERAL TRANSIT
ADMINISTRATION (FTA) TITLE 49 U.S.C. §5305(D) FUNDING
TO THE COLLIER METROPOLITAN :PLANNING
ORGANIZATION (MPO) AND TO AUTHORIZE THE
NECESSARY BUDGET AMENDMENTS FOR GRANT
REVENUE IN THE AMOUNT OF $128,419 AND A LOCAL
MATCH IN THE AMOUNT OF $14,269 FOR THE MPO'S
FISCAL YEAR 2014/15 FTA §5305 PROGRAM
Item #16A17
AWARD ITB #14-6254 FOR THE TRAFFIC SIGNAL UPGRADE
AT THE INTERSECTION OF AIRPORT-PULLING ROAD AND
MERCANTILE BOULEVARD TO HIGHWAY SAFETY
DEVICES, INC., IN THE AMOUNT OF $307,047.50 FOR
PROJECT #60172 — FOR THE UPGRADE OF THE EXISTING
SPAN WIRE TRAFFIC SIGNAL TO A STEEL MAST ARM
ASSEMBLY
Item #16A18
INCREASE THE ANNUAL EXPENDITURES FOR CONTRACT
Page 140
April 22, 2014
#11-5677 "GROWTH MANAGEMENT DIVISION PLANNING
AND REGULATION STAFFING" TO NOVA ENGINEERING
AND ENVIRONMENTAL, LLC AND APPROVE A BUDGET
AMENDMENT FROM FUND 113 TO PAY FOR THESE
CONTRACTED SERVICES — KEEPING UP WITH THE
DEMAND FOR BUILDING INSPECTIONS WITHIN AN
ESTABLISHED DUE DATE
Item #16A19
RESOLUTION 2014-73: A LOCAL AGENCY PROGRAM
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION, IN WHICH COLLIER COUNTY WOULD
BE REIMBURSED UP TO $355,957 FOR THE CONSTRUCTION
OF SIDEWALKS IN IMMOKALEE, AND TO AUTHORIZE THE
NECESSARY BUDGET AMENDMENT AND A RESOLUTION
AUTHORIZING EXECUTION OF THE LAP AGREEMENT
(PROJECT #33329)
Item #16A20
RESOLUTION 2014-74: A RESOLUTION SUPERSEDING
RESOLUTION 2013-216, PROVIDING FOR UPDATES TO THE
COLLIER COUNTY GROWTH MANAGEMENT
DIVISION/PLANNING AND REGULATION FEE SCHEDULE
WITH AN EFFECTIVE DATE OF JUNE 1, 2014, DECREASING
FEES FOR BUILDING PERMIT DEVELOPMENT-RELATED
APPLICATION, PROCESSING, REVIEW, AND INSPECTION
FEES, AND SELECTED PLANNING AND ZONING REVIEW
AND RELATED INSPECTION FEES
Item #16A21 - Moved to Item 11F (Per Agenda Change Sheet)
Page 141
April 22, 2014
Item #16B1
RESOLUTION 2014-75: THE BOARD OF COUNTY
COMMISSIONERS (BCC) AS THE COMMUNITY
REDEVELOPMENT AGENCY APPROVE SUBMITTAL OF A
COMMUNITY DEVELOPMENT BLOCK GRANT
APPLICATION TO COLLIER COUNTY TO FUND THE
BAYSHORE GATEWAY TRIANGLE CRA FIRE SUPPRESSION
INFRASTRUCTURE SYSTEM UPGRADE PROJECT IN THE
AMOUNT OF $375,000
Item #16C1
ACCESS AND UTILITY EASEMENT AGREEMENT WITH
COLLIER LAND DEVELOPMENT, INC., FOR THE
ACQUISITION OF AN ACCESS AND UTILITY EASEMENT TO
ACCOMMODATE THE CONSTRUCTION OF A WASTEWATER
FORCE MAIN, AND TO APPROVE REIMBURSEMENT FOR
EXPENSES INCURRED FOR REVISIONS AND PERMITTING
FEES TO THE PROPERTY OWNER'S WATER MAIN CIVIL
ENGINEERING PLAN, FOR A TOTAL COST NOT TO EXCEED
$15,000 (PROJECT NUMBER 70044) — FOLIO #00431440006
Item #16C2
ACCESS AND UTILITY EASEMENT AGREEMENT WITH
MINTO SABAL BAY, LLC FOR THE ACQUISITION OF AN
ACCESS AND UTILITY EASEMENT AT ITS APPRAISED
VALUE TO ACCOMMODATE THE CONSTRUCTION OF A
WASTEWATER FORCE MAIN, AND ACCEPT A RIGHT OF
ENTRY AT NO COST THAT GIVES PERMISSION TO
PERFORM CONSTRUCTION ACTIVITIES ON A PORTION OF
Page 142
April 22, 2014
PROPERTY ADJACENT TO THE PROPOSED EASEMENT, AT
A TOTAL COST NOT TO EXCEED $33,450 (PROJECT NUMBER
70044) — FOR THE FOLLOWING FOLIO'S: #52505030125,
#52505030167, #52505030086 & 400431520609
Item #16C3
A WORK ORDER FOR $627,206 TO DOUGLAS N. HIGGINS,
INC., UNDER REQUEST FOR QUOTATION 08-5011-114 FOR
UNDERGROUND UTILITY CONTRACTING SERVICES FOR
THE MASTER PUMP STATION 306 FORCE MAIN PHASE 1
PROJECT (PROJECT NUMBER 70044) — LOCATED NEAR U.S.
41 AND THOMASSON DRIVE
Item #16C4
REJECT ALL BIDS RECEIVED FOR INVITATION TO BID #13-
6167 FOR GENERATOR MAINTENANCE, REPAIR AND
INSTALLATION — STAFF TO REVISE THE BID
SPECIFICATIONS TO INCLUDE THE ORANGETREE UTILITY
GENERATOR AND REISSUE THE SOLICITATION
Item #16D1
AMENDMENT NO. 1 TO THE SUBRECIPIENT AGREEMENT
WITH THE CITY OF NAPLES PROVIDING A TIME
EXTENSION FOR ITS COMMUNITY DEVELOPMENT BLOCK
GRANT WHEELCHAIR ACCESSIBLE PLAY STRUCTURE
PROJECT — EXTENDING THE COMPLETION DATE FROM
MAY 31, 2014 TO JULY 31 , 2014 DUE TO DELAYS IN
COMPLETING THE ENVIRONMENTAL REVIEW FOR THE
PROJECT
Page 143
April 22, 2014
Item #16D2 — Continued to the May 13, 2014
(Per Agenda Change Sheet)
A SECOND AMENDMENT TO THE HOME INVESTMENT
PARTNERSHIP PROGRAM SUBRECIPIENT AGREEMENT
WITH COMMUNITY ASSISTED AND SUPPORTED LIVING,
INC., FOR THE MULTI-FAMILY PROPERTY ACQUISITION
PROJECT, PROVIDING FOR PROJECT UPDATES —
EXTENDING THE END OF THE CONTRACT TO APRIL 30,
2015
Item #16D3
AN AMENDMENT TO THE FEDERAL TRANSIT
ADMINISTRATION SECTION #5307 FY13 PROGRAM OF
PROJECTS AND APPROVE A BUDGET AMENDMENT
RECOGNIZING RECOVERY OF FUNDS IN THE AMOUNT OF
$16,362 IN CONNECTION WITH BUS WRAP REMOVAL ON
THREE COLLIER AREA TRANSIT (CAT) BUSES — RECEIVED
FROM THE THREE BUSES THAT WERE WRAPPED BY
GILLIG, LLC WITH THE IDENTICAL OR DECEPTIVELY
SIMILAR TO TROLLEY ILLUSIONS
Item #16D4
SUBSTANTIAL AMENDMENT TO THE EMERGENCY
SOLUTIONS GRANT FY2013-2014 ACTION PLAN
REDIRECTING FUNDS FROM ST. MATTHEW'S HOUSE TO
THE SHELTER FOR ABUSED WOMEN AND CHILDREN AND
APPROVE A SUBRECIPIENT AGREEMENT IN THE AMOUNT
OF $79,584 TO FUND SHELTER OPERATIONS — WHICH
Page 144
April 22, 2014
REQUIRES A 100% MATCH WHIG WILL BE IN THE FORM OF
CASH OR IN-KIND SERVICES TRACKED BY HHVS
THROUGH MONTHLY PAY REQUEST FROM THE
SUBRECIPIENT
Item #16D5
PURCHASE OF AN ADA BEACH ACCESS WHEELCHAIR AND
WILDLIFE PROOF TRASH/RECYCLING CONTAINERS AND
MAKE A FINDING THAT THIS EXPENDITURE PROMOTES
TOURISM — THIS PROJECT WAS APPROVED AT THE MARCH
24, 2014 TDC MEETING
Item #16D6
AN AGREEMENT BETWEEN THE NATIONAL DOWN
SYNDROME SOCIETY AND COLLIER COUNTY TO
CONDUCT THE FIFTH ANNUAL BUDDY WALK AT NORTH
COLLIER REGIONAL PARK ON OCTOBER 25, 2014 — WITH
THE COUNTY (AS THE LICENSEE) WILL PAY NDSS A
MINIMUM OF 7% OF THE NET PROFITS AND IF NO PROFIT
IS MADE THE COUNTY WILL PAY NDSS $100 WITHIN 120
CALENDAR DAYS OF THE EVENT
Item #16D7
THE FIRST AMENDMENT TO THE SUBRECIPIENT
AGREEMENT WITH HABITAT FOR HUMANITY FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT FAITH
LANDING INFRASTRUCTURE PROJECT TO CLARIFY THE
PROJECT SCOPE AND REPORTING REQUIREMENTS —
EXTENDING THE EFFECTIVE DATE FROM DECEMBER
Page 145
April 22, 2014
31,2018 TO DECEMBER 31, 2019 FOR COMPLIANCE WITH
CONTINUED USE CERTIFICATION
Item #16D8
AUTHORIZING PAYMENT OF A $1 ,790.21 INVOICE FOR THE
PUBLIC'S USE OF SOVEREIGNTY SUBMERGED LANDS AT
CAXAMBAS BOAT PARK, APPROVE SUBMITTAL OF THE
2013/2014 FLORIDA ANNUAL WETSLIP REVENUE REPORT
TO THE FLORIDA DEPARTMENT OF PROTECTION AND
AUTHORIZE THE CHAIRMAN TO SIGN THE REVENUE
REPORT CERTIFICATION — FOR THE LEASE OF
SOVEREIGNTY SUBMERGED LANDS RENEWAL WHICH IS
DUE EXPIRE ON APRIL 6, 2018
Item #16D9
A BUDGET AMENDMENT, IN THE AMOUNT OF $116,300, TO
FUND THE SOUTH MARCO RESTROOM REPLACEMENT
AND TO MAKE A FINDING THAT THE PROJECT
EXPENDITURE PROMOTES TOURISM — THAT INCLUDES
REMOVING THE EXISTING PREFABRICATED RESTROOM,
INSTALLING A NEW PREFABRICATED RESTROOM,
IRRIGATION, UTILITY AND ELECTRICAL RE-
CONNECTIONS, NEW CONCRETE, AND SIGNAGE
Item #16D10
A BUDGET AMENDMENT IN THE AMOUNT OF $85,500, TO
FUND THE CLAM PASS PARK TRAM STATION
REPLACEMENT AND TO MAKE A FINDING THAT THE
EXPENDITURE PROMOTES TOURISM — INCLUDING THE
Page 146
April 22, 2014
TURNAROUND PAVING, SITE WORK AND ASSOCIATED
PLANTINGS AND LANDSCAPING
Item #16D11
AN AMENDMENT AND AN ATTESTATION STATEMENT
WITH AREA AGENCY ON AGING FOR SOUTHWEST
FLORIDA, INC. D/B/A SENIOR CHOICES OF SOUTHWEST
FLORIDA FOR THE ALZHEIMER'S DISEASE INITIATIVE
PROGRAM TO ENSURE CONTINUOUS FUNDING FOR FY
2013/2014
Item #16D12
AN AMENDMENT TO THE FY 2013-2014 STATE AID TO
LIBRARIES GRANT AGREEMENT TO MEET DELIVERABLES
REQUIREMENTS AS REQUIRED BY THE STATE —
REQUIRING THAT AT LEAST ONE LIBRARY BE OPEN 40
HOURS WEEKLY OR MORE
Item #16D13
RESOLUTION 2014-76: A RESOLUTION CONSENTING TO
THE TRANSFER OF AN AFFORDABLE HOUSING
MULTIFAMILY DEVELOPMENT KNOWN AS SADDLEBROOK
VILLAGE APARTMENTS LOCATED ON DAVIS BOULEVARD
AND APPROVING AN ASSIGNMENT AND ASSUMPTION OF
THE AFFORDABLE HOUSING DENSITY BONUS
AGREEMENT AND A TERMINATION OF THE AFFORDABLE
HOUSING DENSITY BONUS AGREEMENT ON MARCH 24,
2015, THE DATE UPON WHICH THE FIFTEEN YEAR
AFFORDABILITY PERIOD EXPIRES
Page 147
April 22, 2014
Item #16D14
REJECT THE ONLY PROPOSAL RECEIVED FOR REQUEST
FOR PROPOSAL #14-6202 MUSEUM BUS TOURS FOR THE
MUSEUMS — WHICH WILL OFFER GUIDED BUS TOURS OF
THE COUNTY'S MUSEUM FACILITIES AND OTHER
HISTORICAL POINTS OF INTEREST
Item #16E1
AWARD INVITATION TO BID (ITB) #14-6200 FOR THE
SUPPLY AND INSTALLATION OF RAISED FLOORING TO
FACILITATE THE INSTALLATION OF TECHNOLOGY
UPGRADES IN THE COURTHOUSE COURTROOMS, IN THE
AMOUNT OF $92,817, TO EZ-AXEZ, LLC; AND AUTHORIZE
THE CHAIRMAN TO SIGN THE CONTRACT — FOR EIGHT
COURTROOMS THAT WILL BE RECEIVING WIRING AND
TECHNOLOGY IMPROVEMENTS
Item #16E2
RESOLUTION 2014-77: A RESOLUTION AUTHORIZING THE
CHAIRMAN TO EXECUTE DEED CERTIFICATES FOR THE
SALE OF BURIAL PLOTS AT LAKE TRAFFORD MEMORIAL
GARDENS CEMETERY DURING THE 2014 CALENDAR YEAR
Item #16E3
RESOLUTION 2014-78: ACCEPT THE REPORT CONCERNING
THE SALE, DONATION OF ITEMS, AND DISBURSEMENT OF
FUNDS ASSOCIATED WITH THE COUNTY SURPLUS
Page 148
April 22, 2014
AUCTION HELD ON MARCH 29, 2014, AND A RESOLUTION
AUTHORIZING THE COUNTY MANAGER, OR HIS DESIGNEE,
TO PERFORM THE MINISTERIAL FUNCTION OF EXECUTING
CERTIFICATES OF TITLE FOR COUNTY-OWNED VEHICLES
SOLD OR SET FOR SALE AT FUTURE AUCTIONS,
DONATIONS OR TRADE-INS
Item #16E4
ADDITIONS, DELETIONS, AND RECLASSIFICATIONS TO
THE 2014 FISCAL YEAR PAY AND C]LASSIFICATION PLAN
MADE FROM JANUARY 1, 2014 THROUGH MARCH 31, 2014
Item #16E5
AN AGREEMENT WITH EDISON STATE COLLEGE AND
MEDICAL CAREER INSTITUTE TO PROVIDE EMS
DEPARTMENT SUPERVISED SKILL TRAINING AND
INTERNSHIP EXPERIENCE TO STUDENTS ENROLLED IN
EMERGENCY MEDICAL SERVICES TECHNOLOGY
PROGRAMS — THE AGREEMENT IS EFFECTIVE FOR ONE
YEAR WITH 3 ONE YEAR ADDITIONAL TERMS
Item #16E6
A LEASE AGREEMENT WITH EAST NAPLES FIRE CONTROL
AND RESCUE DISTRICT FOR EMS DEPARTMENT'S USE OF
STATION 20 — WHICH WILL INCLUDE SPACE FOR ONE
APPARATUS BAY, 2 BUNK BEDS AND A SHARED SPACE
CONSISTING OF A KITCHEN, OFFICE AREA, DAY ROOM,
MALE & FEMALE RESTROOMS W/SHOWER FACILITIES
AND FITNESS AREA
Page 149
April 22, 2014
Item #16E7
A LEASE AGREEMENT WITH HEALTH MANAGEMENT
ASSOCIATES (HMA) FOR EMS DEPARTMENT'S USE OF
SPACE AT PHYSICIANS REGIONAL :MEDICAL CENTER ON
COLLIER BLVD — WHICH WILL INCLUDE ONE APPARATUS
BAY, TWO BUNK ROOMS, ONE BATHROOM, ONE
VESTIBULE AREA, ONE OFFICE ROOM, AND ONE KITCHEN
AREA, CONSISTING OF 616 SQUARE FEET
Item #16F1
THE COMPLETED ALTERNATIVE WATER AND SEWER
IMPACT FEE CALCULATION AND APPROVE A
REIMBURSEMENT OF WATER AND SEWER IMPACT FEES IN
THE AMOUNT OF $76,457.50 TO RANDALL BENDERSON
TRUST AS A RESULT OF THE ALTERNATIVE IMPACT FEE
CALCULATION
Item #16F2
RESOLUTION 2014-79: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2013-14 ADOPTED BUDGET
Item #16H1
RESOLUTION 2014-80: REAPPOINT TWO MEMBERS TO THE
TOURIST DEVELOPMENT COUNCIL — RE-APPOINTING
EDWARD OLESKY AND SUSAN BECKER WITH TERMS TO
EXPIRE ON APRIL 21, 2018
Page 150
April 22, 2014
Item #16H2
RESOLUTION 2014-81 : REAPPOINT ONE MEMBER TO THE
FOREST LAKES ROADWAY AND DRAINAGE ADVISORY
COMMITTEE — REAPPOINTING RICHARD BARRY WITH
TERMS EXPIRING ON APRIL21 , 2018
Item #16H3
AN INTERLOCAL AGREEMENT AND A LEASE AGREEMENT
WITH THE NORTH NAPLES FIRE CONTROL AND RESCUE
DISTRICT (NNFD) ADDRESSING COORDINATION BETWEEN
THE COUNTY AND THE NNFD REGARDING FIRE PLANS
REVIEW AND PROVIDING THE DISTRICT WITH WORK
SPACE FOR ITS FIRE PLANS REVIEW STAFF IN THE
GROWTH MANAGEMENT DIVISION'S OFFICES
(COMMISSIONER HENNING) — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16H4
AN INTERLOCAL AGREEMENT (ILA) WITH GOLDEN GATE
FIRE CONTROL AND RESCUE DISTRICT (GGFD) PROVIDING
THAT THE COUNTY ASSUME FIRE PLANS REVIEW DUTIES
ON BEHALF OF ENFD GGFD (Per Agenda Change Sheet) AND
THE COUNTY'S DEPENDENT FIRE DISTRICTS, INCLUDING
ISLES OF CAPRI, OCHOPEE AND COLLIER FIRE DISTRICT
ONE, AND AUTHORIZING THE ENFD FIRE CHIEF OR HIS
DESIGNEE TO ACT AS THE APPROVING AUTHORITY OVER
FIRE PLANS REVIEW FOR THE COUNTY'S DEPENDENT FIRE
DISTRICTS (COMMISSIONER HENNING) - AS DETAILED IN
THE EXECUTIVE SUMMARY
Page 151
April 22, 2014
Item #16H5
AN INTERLOCAL AGREEMENT (ILA) WITH EAST NAPLES
FIRE CONTROL AND RESCUE DISTRICT (ENFD) PROVIDING
THAT THE COUNTY ASSUME FIRE PLANS REVIEW DUTIES
ON BEHALF OF ENFD AND THE COUNTY'S DEPENDENT
FIRE DISTRICTS, INCLUDING ISLES OF CAPRI, OCHOPEE
AND COLLIER FIRE DISTRICT ONE, AND AUTHORIZING
THE ENFD FIRE CHIEF OR HIS DESIGNEE TO ACT AS THE
APPROVING AUTHORITY OVER FIRE PLANS REVIEW FOR
THE COUNTY'S DEPENDENT FIRE DISTRICTS
(COMMISSIONER HENNING) — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16J1
THE INVESTMENT UPDATE REPORT FOR THE QUARTER
ENDED MARCH 31 , 2014
Item #16J2
EXPENDITURES SERVING A VALID PUBLIC PURPOSE AND
APPROVAL OF DISBURSEMENTS FOR THE PERIOD OF
APRIL 3, 2014 THROUGH APRIL 9, 2014
Item #16J3
EXPENDITURES SERVING A VALID PUBLIC PURPOSE AND
APPROVAL OF DISBURSEMENTS FOR THE PERIOD OF
APRIL 10, 2014 THROUGH APRIL 16, 2014
Item #16K1
Page 152
April 22, 2014
THE COUNTY ATTORNEY TO FILE A LAWSUIT ON BEHALF
OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AGAINST GILBERT HIPPOLITE IN THE
CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN
AND FOR COLLIER COUNTY, FLORIDA, TO RECOVER
DAMAGES INCURRED BY THE COUNTY FOR THE REPAIR
OF A COUNTY OWNED MESSAGE BOARD IN THE AMOUNT
OF $16,572.85, PLUS COSTS OF LITIGATION — FOR A
VEHICLE ACCIDENT THAT OCCURRED ON AUGUST 12, 2013
Item #16K2
A STIPULATED FINAL JUDGMENT AS TO PUBLIX'S
INTEREST IN PARCELS 113FEE AND 113TCE AS PART OF
THE US-41 / COLLIER BOULEVARD INTERSECTION
IMPROVEMENT PROJECT (PROJECT NO. 60116) FISCAL
IMPACT: $4,768 — AS PUBLIX IS THE HOLDER OF A
RECIPROCAL ACCESS EASEMENT
Item #16K3
THE EXPENDITURE OF UP TO $3,000 FOR MEDIATION
SERVICES FOR COURT ORDERED MEDIATION IN THE
MATTER OF COLLIER COUNTY AND TED SMALLWOOD'S
STORE, INC. V. FLORIDA GEORGIA GROVE LLP (CASE NO.
11-1640-CA) — REQUIRED TO TAKE PLACE ON OR BEFORE
MAY 2, 2014
Item #16K4
AN AFTER-THE-FACT AGREEMENT WITH ST. MATTHEW'S
HOUSE FOR CATERING SERVICES AT THE 2014 RSVP
Page 153
April 22, 2014
VOLUNTEER APPRECIATION LUNCHEON HELD ON MARCH
20, 2014 — WHICH INCLUDED A HOUSE SALAD, LEMON-
THYME GRILLED CHICKEN BREAST, ROASTED POTATOES,
SAUTEED GREEN BEANS OR PASTA ALFREDO WITH A
VEGETABLE MIX, ROLL AND KEY LIME CHEESECAKE
W/FRESH BERRY GARNISH AND CHOCOLATE DRIZZLE
Item #17A
RESOLUTION 2014-82: PETITION VAC-PL20130002593 TO
VACATE A PORTION OF THE 25-FOOT DRAINAGE
EASEMENT BEING A PART OF LOT 2, NATURE POINTE, AS
RECORDED IN PLAT BOOK 20, PAGES 20 THROUGH 22, OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
ALSO BEING A PART OF SECTION 35, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE SPECIFICALLY SHOWN IN EXHIBIT A
Item #17B
ORDINANCE 2014-16: AN ORDINANCE 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 MOBILE HOME (MH)
ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) ZONING DISTRICT TO ALLOW UP
TO 44 RESIDENTIAL DWELLING UNITS FOR A PROJECT TO
Page 154
April 22, 2014
BE KNOWN AS THE DOCKSIDE PLANNED UNIT
DEVELOPMENT. THE SUBJECT PROPERTY IS LOCATED
EAST OF COLLIER BOULEVARD (CR 951) ON HENDERSON
CREEK DRIVE IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 6.0+
ACRES; AND BY PROVIDING AN EFFECTIVE DATE (PUDZ-
PL20130001163)
Item #17C
RESOLUTION 2014-83: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 2013-14 ADOPTED BUDGET
Item #17D
ORDINANCE 2014-17: AN ORDINANCE PROPOSING
AMENDMENT TO THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED,
SPECIFICALLY AMENDING THE POTABLE WATER SUB-
ELEMENT OF THE PUBLIC FACILITIES ELEMENT TO
AMEND POLICY 1 .7 TO REFERENCE THE UPDATED TEN
YEAR WATER SUPPLY FACILITIES WORK PLAN, AND
FURTHERMORE RECOMMENDING TRANSMITTAL OF THE
ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT
OF ECONOMIC OPPORTUNITY (CPSP-2013-7)
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 2:40 p.m.
Page 155
April 22, 2014
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
/!
/' y%`
-
TOM HENNING, ,.AIRMAN
ATTEST
DWIGHT E. BROCK, CLERK
Attest as to Clia:i mart
signature only
These minutes approved by the Board on 5 3 , as presented
or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC., BY TERRI LEWIS, COURT
REPORTER AND NOTARY PUBLIC.
Page 156