BCC Minutes 06/10/2014 R BCC
REGULAR
MEETING
MINUTES
June 10, 2014
June 10, 2014
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, June 10, 2014
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board(s) of such
special districts as have been created according to law and having
conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
CHAIRMAN: Tom Henning
Tim Nance
Donna Fiala
Georgia Hiller
Fred Coyle
ALSO PRESENT:
Leo Ochs, County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal Kinzel, Finance Director
Tim Durham, Executive Manager of Business Operations
Troy Miller, Communications &Customer Relations
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
01.I I�
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
June 10, 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 - Community & Economic Dev. Chair
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.
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June 10, 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. Father Tim Navin - San Marco Catholic Church
Invocation given
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 agenda.)
Approved and/or Adopted w/changes — 5/0
B. May 6, 2014 - BCC/CRA Workshop
Approved as Presented — 5/0
C. May 13, 2014 - BCC/Regular Meeting
Approved as Presented — 5/0
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June 10, 2014
3. SERVICE AWARDS
4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations)
A. Proclamation honoring Don Hunter for 33-years of dedicated service to the
residents and visitors of Collier County. Sponsored by Commissioner Fiala
and Commissioner Hiller.
Adopted — 5/0
B. Proclamation recognizing June 8 through June 14, 2014 as Collier County's
Code Enforcement Officers Appreciation Week. To be accepted by Code
Enforcement Director Jeff Wright, Growth Management Division
Administrator Nick Casalanguida and many Code Enforcement Officers and
staff. Sponsored by Commissioner Henning.
Adopted — 5/0
C. Proclamation commending the members of the Collier/Naples Regional
Home Invasion Task Force for their great investigative work and dedicated
service to Collier County. To be accepted by Sheriff Kevin Rambosk and
Sgt. Mark Williamson. Sponsored by Commissioner Hiller.
Adopted — 5/0
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month award for June
2014 to Golden Tech. To be accepted by Golden Tech Owner Greg Scasny.
Sponsored by the Board of County Commissioners.
Presented
6. PUBLIC PETITIONS
Item #7 to be heard no sooner than 1:00 pm unless otherwise noted.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
A. Dr. John Dwyer— Fracking by Dan A. Hughes Company
B. Dr. Karen Dwyer— Fracking by the Dan A. Hughes Company
C. Jennifer Hecker— Conservancy's Petition w/FDEP
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June 10, 2014
D. Jamie Duran — Fracking by the Dan A. Hughes Company
E. Pamela Duran — Fracking by the Dan A. Hughes Company
F. Ruth McGregor— Possible drinking water contamination
G. Bobbie C. Billie — Contamination of the land and water (recited a
prayer in the Miccosukee/Seminole language)
• Motion taken directing staff to bid for an expert water testing company to test
the water at the Dan A. Hughes drilling site — Motion was not considered due to
lack of a second on the motion
H. Ray Judah — Fracking and the Florida Aquifer
I. Shannon Larson — Fracking by the Dan A. Hughes Company
J. John W. Scott— Fracking by the Dan A. Hughes Company
K. Alexis Meyer— Fracking by the Dan A. Hughes Company
L. Marlene Robinson — Fracking by the Dan A. Hughes Company
M. Lisa Prescott— Fracking by the Dan A. Hughes Company
N. Dona Knapp — Fracking by the Dan A. Hughes Company
O. Maria Bolten Joubert— Fracking by the Dan A. Hughes Company
P. Barbara Green — Fracking by the Dan A. Hughes Company
Q. Patty Whitehead — Fracking by the Dan A. Hughes Company
R. Donald Loritz - Fracking by the Dan A. Hughes Company
S. Laura Tooley — Fracking by the Dan A. Hughes Company
T. Marlene Rieck— Fracking by the Dan A. Hughes Company
U. Bob Krasowski — Letter from DEP, water testing and fracking
V. Matthew Schwartz— Fracking by the Dan A. Hughes Company
W. Marcia Cravens— Fracking by the Dan A. Hughes Company
Item #8 and Item #9 to be heard no sooner than 1:30 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. Recommendation to review and consider approving (adopting) a portion of
the 2013 Cycle 1 of Growth Management Plan Amendments - Buckley and
Naples Reserve projects. (Adoption Hearing) (Companion to PUD
amendment petition PUDZ-A-PL20120002906, Buckley Mixed Use Planned
Unit Development (MPUD)).
Ordinance 2014-22 (CP-2013-1, Naples Reserve) — Adopted 4/1
(Commissioner Nance opposed)
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June 10, 2014
Ordinance 2014-23 (CP-2013-3, Buckley) — Adopted 5/0
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
amending Ordinance Number 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 project previously
known as the Buckley Mixed Use Planned Unit Development (MPUD) to a
Mixed Use Planned Unit Development (MPUD) which will continue to be
known as the Buckley PUD, to allow a maximum of 239 residential units,
with no requirement for workforce housing units and up to a maximum of
162,750 square feet of gross floor space of retail, office and services uses,
including permissible and conditional uses in the C-1, C-2 and C-3 zoning
districts. The subject property is located at the northwest quadrant of the
intersection of Airport-Pulling Road (CR 31) and Orange Blossom Drive in
Section 2, Township 49 South, Range 25 East, Collier County, Florida,
consisting of 21.7+/- acres; providing for repeal of Ordinance 05-05, the
former Buckley MPUD; and by providing an effective date (PUDZ-A-
PL20120002906) (Companion to Petition PL2012-2909 CP-2013-3).
Ordinance 2014-24 Adopted — 5/0
C. This item has been continued from the May 27, 2014 BCC meeting,
and is further continued to the June 24, 2014 BCC meeting: This item
requires that ex parte disclosure be provided by Commission members.
Should a hearing be held on this item, all participants are required to be
sworn in. Recommendation to approve an Ordinance amending Ordinance
No. 2001-09, the Pine Ridge Center West Planned Unit Development by
amending Section 3.3, Permitted Uses, to add as a permitted use new and
used car dealerships; and providing an effective date. The subject property,
consisting of 8.87+/- acres, is located south of Pine Ridge Road and east of
Livingston Road in Section 18, Township 49 South, Range 26 East, Collier
County, Florida [PUDA-PL20130001919].
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to appoint two Commissioners as regular members and
three Commissioners as alternate members to the Value Adjustment Board
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June 10, 2014
(VAB).
Resolution 2014-119: Appointing Commissioner Fiala and
Commissioner Hiller with remaining Commissioners serving as
alternates — Adopted 5/0
Withdrawn (Per Commissioner Henning During Agenda Changes)
B. Request for Reconsideration of Item #12A from the May 13, 2014 BCC
meeting titled: Recommendation to authorize the County Attorney to attend
a settlement meeting scheduled for May 15th in Tallahassee involving the
potential challenge of a Consent Order entered into between the Florida
Department of Environmental Protection and the Dan A. Hughes Company,
L.P., and to direct the County Attorney to hold off filing a Petition until the
Board has had the opportunity to review the County Attorney's report of the
meeting. (Commissioner Henning)
11. COUNTY MANAGER'S REPORT
A. Recommendation to adopt a Resolution naming the new Community Center
at Eagle Lakes Community Park, the "Donna Fiala Community Center." The
naming is sponsored by Mr. Zenon Santos and supported by 1,154 residents
of Collier County. (Mike Sheffield, Communications and Customer
Relations Manager)
Resolution 2014-120 Adopted — 5/0
B. This item continued from the May 27, 2014 BCC Meeting.
Recommendation to approve and authorize the Pelican Bay Services
Division to prepare, sign and submit a Nationwide Permit for the
maintenance dredging of Clam Pass due to concerns about the critical
condition of the Pass, approve necessary budget amendments and make a
finding that this project promotes tourism. (Neil Dorrill, Pelican Bay
Services Division Administrator)
Approved w/conditions — 4/1 (Commissioner Coyle opposed);
Staff to bring back information regarding the need for a county-owned
dredge or pump along with the Clam Pass Management Plan
C. Recommendation to approve the water, wastewater, irrigation quality water
and bulk potable water rate study and direct the County Manager or designee
to prepare a rate resolution to bring back to the Collier County Board of
Commissioners for approval to advertise. (George Yilmaz, Public Utilities
Administrator)
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June 10, 2014
Motion to approve with the Board's recommendations — Approved 5/0
D. Recommendation to adopt a Resolution repealing all previous resolutions
establishing and amending parts of the Collier County Parks and Recreation
Department Facilities and Outdoor Areas License and Fee Policy and
establishing the policy anew to provide for modified fees in several areas,
assist with programming needs for open space rentals, provide additional
programming, and establish a rate for camping. (Barry Williams, Parks and
Recreation Director)
Resolution 2014-121 — Motion to approve with staff direction to perform
a comprehensive cost/fee analysis that will be brought back to the Board
for further discussion — Adopted 5/0
E. Recommendation to consider funding options for the resumption of the
landscape beautification program for designated arterial and collector
roadways. (Nick Casalanguida, Growth Management Administrator)
Discussed
F. Recommendation to adopt six resolutions authorizing the condemnation of
that land and those perpetual easement interests necessary for the
construction of roadway, drainage and utility improvements required for the
expansion of Golden Gate Boulevard from east of Wilson Boulevard to 20th
Street East. (Project No. 60040). Estimated fiscal impact: $4,848,200. (Jay
Ahmad, Transportation Engineering Director)
Resolution 2014-122 (Wilson Boulevard to 4th Street East)
Resolution 2014-123 (4th Street East to 8th Street East)
Resolution 2014-124 (8th Street East to 12th Street East)
Resolution 2014-125 (12th Street East to West of 16th Street East)
Resolution 2014-126 (West of 16th Street East to 18th Street East)
Resolution 2014-127 (18th Street East to 20th Street East)
One motion taken to adopt all resolutions — Adopted 5/0
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
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June 10, 2014
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Proposed Future Workshop Schedule
B. Mr. Ochs — Letter from the Lee County Commission in support of
Collier County receiving the VA Hospital
C. Commissioner Fiala — Letter from constituent requesting the County to
post "In God We Trust" at the dias, which is already located on the
County Seal behind the Commissioners
D. Commissioner Henning — The Clerk contacted him about a Board
Member being on the Banking Committee; Commissioner Hiller
appointed — Consensus
E. Commissioner Nance — Sunshine Ace Hardware's Michael Wynn
selected as a runner up for Top Florida Entrepreneur Award
F. Gulf Citrus working with the University of Florida have been testing a
compound that works on Citrus Greening and are continuing testing
G. Mr. Ochs — Box of documents provided by Mr. Beyrent
H. Motion to Adjourn — Approved 5/0
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.
Approved and/or Adopted w/changes — 5/0
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to authorize the Clerk of Courts to release
Performance Bond No. 80091464 in the amount of$1,000,000 which
was posted as a guaranty for Excavation Permit Number 60.080,
(PL20120001474) for work associated with Sabal Bay Phase One.
The developer has fulfilled his commitments with respect to this
security
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June 10, 2014
2) Recommendation to authorize the Clerk of Courts to release
Performance Bond No. K08503138 in the amount of$34,280, and
Performance Bond No. K08503023 in the amount of$88,700 which
were posted as guaranties for Excavation Permit No. 60.061,
(PL2011000580) and Excavation Permit No. 60.072 (PL2011000733)
for work associated with Twin Eagles Golf& Country Club and Twin
Eagles Grand Arbors.
The developer has fulfilled his commitments with respect to these
securities
3) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$412,600 which was posted as a
development guaranty for an Early Work Authorization (EWA)
(PL20120002947) for work associated with Sabal Bay Phase One.
The developer has fulfilled his commitments with respect to this
security
4) Recommendation to authorize the Clerk of Courts to release
Performance Bond No. MB6218 in the amount of$25,000 which was
posted as a guaranty for Excavation Permit Number 59.908,
(PL20110002188) for work associated with Andalucia.
The developer has fulfilled his commitments with respect to this
security
5) Recommendation to authorize the Clerk of Courts to release an
Irrevocable Standby Letter of Credit in the amount of$212,000 which
was posted as a development guaranty for work associated with Ponte
Realto, Early Work Authorization (EWA) PL20140000018.
The developer has fulfilled his commitments with respect to this
security
6) Recommendation to authorize the Clerk of Courts to release a Cash
Bond in the amount of$18,357.90 which was posted as a guaranty for
a Site Development Plan (SDP), (PL20120002379) for work
associated with Culvers Naples Airport Road.
The developer has fulfilled his commitments with respect to this
security
7) Recommendation to approve a two year extension for completion of
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June 10, 2014
Site Development Plan (SDP) improvements associated with Alden
Woods (SDP AR-7819) pursuant to Section 10.02.03 H of the Collier
County Land Development Code.
Extension until April 13, 2015
8) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Indian Hill Estates,
(Application Number AR-9784) approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
Developer must receive a Certificate of Adequate Public Facilities
prior to issuance of a construction plan final approval letter
9) Recommendation to standardize the LABWORKS Laboratory
Information Management System implemented at the Growth
Management and Public Utilities Divisions and declare PerkinElmer,
Inc., a sole source provider of products and services associated with
the LABWORKS Laboratory Information Management System.
Transferring data directly from the laboratory instruments to the
LLIMS eliminates the time and human error associated with
manually transcribing data
10) Recommendation to award a construction contract in the amount of
$676,832.36 to Ajax Paving Industries of Florida, LLC and reserve
$40,000 on the purchase order for funding allowances, for a total of
$716,832.36 for ITB No. 14-6267 - "White Boulevard and 23rd Street
SW Intersection Capacity Improvements." (Project No. 60016.12)
For intersection alignment with replacement of the White Blvd.
Bridge and pedestrian features such as sidewalks and paved
shoulders
11) Recommendation to approve a Traffic Signal Maintenance and
Compensation Agreement for the maintenance of Florida Department
of Transportation (FDOT) owned traffic signal devices to be
maintained by the Collier County Traffic Operations (CCTO) Section
of the Transportation Engineering Department and to authorize the
Chairman to sign the Agreement. Total compensation from the FDOT
to Collier County for these maintenance services for FDOT fiscal year
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June 10, 2014
14/15 amounts to $88,443.93.
The new agreement has proposed amendments that include
partial compensation for Emergency Traffic Signals, Pedestrian
Flashing Beacons, Traffic Warning Beacons and Speed Activated
Warning Displays located on State roadways
12) Recommendation to approve a release of lien with an accrued value of
$355,800 for payment of$450, in the code enforcement action entitled
Board of County Commissioners v. Reinhard Marton, Code
Enforcement Board Case No. CESD20080010163, relating to
property located at 3107 Cottage Grove Avenue, Collier County,
Florida.
Violations consist of demolition of a 30'x10' structure and
rebuilding of a 15'x10' structure in its place without the required
permits and abated by the new owner on March 12, 2014
13) Recommendation to approve a release of a code enforcement lien with
an accrued value of$29,687.38 for payment of$4,637.38, in the code
enforcement action entitled Board of County Commissioners v. Rick
Summers, Code Enforcement Special Magistrate Case No.
CEPM20130005654, relating to property located at 440 5th Street
S.W., Collier County, Florida.
For violations relating to a home damaged by a fire which the
County brought into compliance by demolishing
14) Recommendation to approve the release of a code enforcement lien
with an accrued value of$143,600 for payment of$450, in the code
enforcement action entitled Board of County Commissioners v. Scott
A. Lamp, Code Enforcement Board Case No. CESD2007 1 1 08 1 9,
relating to property located at 1000 Barefoot Williams Road, Collier
County, Florida.
A violation related to unlawful conversion of a barn to living
space abated by the new owner who demolished the structure
April 23, 2014
15) Recommendation to approve a release of lien with an accrued value of
$207,000 for payment of$450, in code enforcement action entitled
Board of County Commissioners v. Marina Guzman, Code
Enforcement Board Case No. CESD20090008686, relating to
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June 10, 2014
property located at 360 Wilson Boulevard, Collier County, Florida.
The property was brought into compliance by the new owner who
requested the accrued fines for the conversion of a garage into
living area and a shed without proper permitting be waived
16) Recommendation to determine that the proposed Walgreens Rezone
project satisfies the criteria for exemption to allow for a stormwater
discharge rate above the .15 cubic feet per second (CFS) limit
expressed in Policy 6.3 of the Stormwater Management Sub-Element
of the Growth Management Plan (GMP) (Companion to RZ-
PL20130001302).
A project at the intersection of Airport Road and Pine Ridge
Road at the Teddy Bear Museum within the YMCA Facility
17) Recommendation to award Request for Proposal RFP No. 14-6229,
Installation and Maintenance of Traffic Signals and Roadway
Lighting on an as needed basis to Southern Signal & Lighting, Inc., as
the primary contractor and Simmonds Electrical of Naples, Inc., as the
secondary contractor. (Estimated annual fiscal impact is $400,000).
To assist County Traffic Operations Department in performing
routine and emergency traffic signal maintenance and repair
work and roadway lighting maintenance throughout the County
18) Recommendation to approve and authorize the Chairman to execute
Contract No. 14-6256 to provide professional engineering services as
required by the Naples Beach Renourishment Project for $105,204 to
Atkins North America, Inc., process all required budget amendments,
and make a finding that this item promotes tourism, Project No.
90038.
FEMA has authorized renourishment of 3.56 miles of beach that
is expected to begin in November, 2014 as a result of damages
from Tropical Storm Debbie
19) Recommendation to approve Category "A" Tourist Development
Council Grant applications from the City of Naples, the City of Marco
Island and Collier County for FY-2014/2015 in the amount of
$5,659,971; authorize the Chairman to sign grant agreements
following County Attorney's approval; approve the 10-year capital
planning document for Fund 195-Beach Renourishment and make a
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June 10, 2014
finding that these expenditures will promote tourism.
As detailed in the Executive Summary
20) Recommendation to approve a work order for the physical monitoring
of Wiggins Pass Inlet, Doctors Pass Inlet, Caxambas Pass Inlet and
the physical monitoring of South Marco Beach by Atkins North
American, Inc. under Contract No. 13-6164-CZ for a lump sum
amount of$197,371, authorize the County Manager or his designee to
execute the Work Order and make a finding that this item promotes
tourism, Project No. 90536.
To determine current conditions of the inlets/beach and identify
the amount of accretion and/or erosion that has taken place over
the past year and is also required as a condition of FDEP's Permit
21) Recommendation to waive the after 5 p.m. requirement for one of the
two scheduled public hearings to consider the 2014 Land
Development Code Amendment Cycle - Level 1, for amendments
which change the actual zoning map or the actual list of permitted,
conditional and prohibited uses in a zoning category. Super Majority
vote is required.
Will be heard during the regularly scheduled Board Meetings on
Tuesday, June 24, 2014 and Tuesday, July 8, 2014
22) Recommendation to award Invitation to Bid (ITB) #14-6281 -
"Records Management Services" to Vital Records Control of FL,
LLC. (Estimated annual impact is $102,000).
For records management and storage retrieval services for the
Growth Management Division
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation to approve a contract with RWA Consultants, Inc.,
in the amount of$390,148 under Request for Proposal "RFP" #13-
6012 for the "Streetscape Improvements Design of Thomasson Drive
and Hamilton Avenue."
The project would include bicycle and pedestrian improvements
2) Recommendation that the Collier County Board of County
Commissioners (BCC), acting in its capacity as the Community
Redevelopment Agency (CRA), approve a budget amendment in the
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June 10, 2014
amount of$34,000 to complete the First Street Plaza project, and
formally accept an amendment to Community Development Block
Grant (CDBG) Subrecipient Agreement #B-10-UC-12-0016 between
the Collier County BCC and the Collier County Community
Redevelopment Agency (CRA) (Immokalee).
The amendment includes an extension to the agreement and
formally acknowledges receipt of the funding approved by the
Board on May 27, 2014 under Agenda Item #16D13
C. PUBLIC UTILITIES DIVISION
1) Recommendation to approve the addition of a sub-consultant to
Contract #04-3593/Purchase Order #4500144640 for Aquifer Storage
and Recovery Well Number 1, under Project #74030 and authorize
payment for services rendered in the amount of$5,744.
Due to an oversight by CDM Smith, Inc., who did not identify
Carollo Engineers, Inc. as a sub-consultant service provider
2) Recommendation to award Bid No. #13-6131, "Artificial Reef
Program," to McCulley Marine Services Inc., to provide all necessary
services and equipment to deploy clean suitable construction and
demolition reef material and prefabricated reef modules into permitted
Artificial Reef sites up to 35 miles offshore in conjunction with the
award of the Promotional Private Fund Grant Agreement; to approve
an agreement with Florida Power and Light Company to accept clean
reef material at the Collier County Landfill; and to terminate the
existing Contract #06-3932, "Artificial Reef Recycling Construction
and Demolition Waste."
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve a satisfaction of mortgage for a State
Housing Initiatives Partnership (SHIP) loan in the amount of$4,100.
Property located at 409 Leawood Circle, Naples
2) Recommendation to modify the Pepper Ranch Preserve Quality
Wildlife Management Hunt program to allow one shooting guest to
accompany each hunter during his or her permitted quota hunt.
3) Recommendation to authorize a budget amendment recognizing
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June 10, 2014
$120,306.47 in program income revenue generated by the sale of a
single-family home and revenue generated by affordable rental
properties acquired under the Neighborhood Stabilization Program
(NSP1).
For a property at 3870 4th Avenue NE, Naples that was sold and
rental income for nine properties located on Gilchrest Street
4) Recommendation to authorize payment of a $11,129.15 Invoice for
the public's use of Sovereignty Submerged Lands at Goodland Boat
Park, approve submittal of the 2013/2014 Florida Annual Wet Slip
Revenue Report Form to the Florida Department of Environmental
Protection and authorize the Chairman to sign the Revenue Report
Certification.
5) Recommendation to approve an agreement between Collier County
and the Early Learning Coalition of Southwest Florida for a School
Readiness Education Program with estimated reimbursements to the
County of$90,600 annually, authorize the County Manager or his
designee to complete the administrative documents, and authorize the
County Manager and/or his designee to sign in subsequent years.
For Parks and Rec's "After School Adventures" and summer
camp programs for children between the ages of four and twelve
6) Recommendation to approve a Resolution authorizing the Public
Transit Manager to submit Board-Approved Federal Transit
Administration Grant Applications, Awards, and Agreements through
the Transportation Electronic Award and Management System.
Resolution 2014-110
7) Recommendation to approve the FY2014/15 Transportation
Disadvantaged Trust Fund Trip/Equipment Grant Agreement with
Florida Commission for the Transportation Disadvantaged in the
amount of$781,793 with a local match of$86,866 authorize the
Chairman to execute the Agreement and Resolution and authorize the
required budget amendments.
Resolution 2014-111
8) Recommendation to authorize the Chairman to execute the Parks and
Recreation Department Facility Use Memorandum of Understanding
(MOU) with the Naples BMX, Inc., to operate BMX related events at
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June 10, 2014
the Wheels Skate and BMX Park.
For events held at the Golden Gate Community Center
9) Recommendation to approve a Grant Agreement with the Florida
Department of Children and Families to implement a three-year
Criminal Justice Mental Health and Substance Abuse Reinvestment
Grant Program in the amount of$853,316.71 and approve the
subrecipient agreements with David Lawrence Center for
$367,140.80, the Collier County Sheriffs Office for $333,123, and the
National Alliance of Mental Illness of Collier County for $106,686.
For continuation of the existing grant and program
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to standardize the use of ESRI GIS products, waive
competition and authorize single source purchases with ESRI for the
County's geographic information systems (GIS) solutions. Estimated
annual fiscal impact is $100,000.
ESRI is the sole manufacturer and distributor for the following
products: Annual Maintenance, ArcGIS for Desktop (Standard
and Advanced), ArcGIS for Server, ArcGIS Online and ESRI
Developer Network
2) Recommendation to approve the Collective Bargaining Agreement
between Collier County and the Professional Firefighters of the
Everglades International Association of Firefighters, Local 3670.
Effective June 10, 2014 through September 30, 2017
3) Recommendation to approve and authorize the Chairman to sign
State-Funded Subgrant Agreement #15-BG-83-09-21-01-011
accepting a Grant award totaling $105,806 from the Florida Division
of Emergency Management for emergency management program
enhancement and approve the associated budget amendment.
4) Recommendation to approve a Federally Funded Subgrant Agreement
to accept the annual Emergency Management Performance Grant
(EMPG), in the amount of$102,788 for emergency management
planning, response, and mitigation efforts and to authorize the
necessary budget amendment.
For planning activities and purchase of data processing and
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June 10, 2014
operating equipment, shelter supplies and disaster response
equipment
5) Recommendation to accept reports and ratify staff-
approved change orders and changes to work orders.
For the period of April 16, 2014 through May 12, 2014
6) Recommendation to approve and authorize the Chairman to execute
an Interlocal Agreement for an Advanced Life Support Partnership
between Collier County and the Golden Gate Fire Control and Rescue
District.
Allows Golden Gate firefighter/paramedics to work and train on a
County Ambulance and County paramedic/firefighters to train
with Golden Gate District personnel
7) Recommendation to approve a Lease Agreement with Golden Gate
Fire Control and Rescue District for Golden Gate Fire Departments
use of EMS Station 75 with no annual rent.
A 5-year lease term beginning July 1, 2014 that includes five (5)
automatic 5-year renewal periods
8) Recommendation to award Invitation to Bid (ITB) #13-6180 Annual
Contract for Tee Shirts and EMS (Emergency Medical Services)
Uniforms, to various vendors including, Galls, LLC, T Shirt Express,
SP Designs, Screen Printing Unlimited, and Aramark.
Covering requirements not covered under Contract #09-5126
9) Recommendation to approve and authorize the Chairman to sign the
Assumption Agreement from the Garretson Law Firm, LLC d/b/a
Rhodes, Tucker & Garretson to Brenda C. Garretson, as it relates to
Contract #13-6016 for Special Magistrate Services for Code
Enforcement.
Brenda Garretson had separated from Rhodes and Tucker in
August, 2013 and is retiring from active private law practice but
remains a member in good standing with the Florida Bar
Association and will provide services independently
10) Recommendation to proceed with planning, design, and construction
of an additional site for the 800 MHz public safety radio system in
North Naples and to approve a tower lease agreement (annual cost
Page 17
June 10, 2014
$39,000) to provide ground and tower space for the site (Project cost,
$675,000).
For areas north of Immokalee Road between the Gulf and I-75
that experience difficulty accessing the radio system
11) Recommendation to approve the ranked list of design professionals
pursuant to Request for Proposal (RFP) #14-6279 P25 Radio
Consulting Services and authorize staff to bring negotiated contracts
to the Board for subsequent approval.
Committee rankings: Federal Engineering, RCC Consultants,
Inc., Tusa Consulting Services, AECOM, SSC Consulting, LR
Kimble, Martin AG US, Midwest Public Safety Communications
and Elert and Associates
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve the Collier County 2014 Federal
Legislative Agenda.
As detailed in the Executive Summary
2) Recommendation to accept the 2014 State of Florida Legislative
Session Summary Report provided by Collier County's lead state
lobbying firm.
Prepared by Keith Arnold and Brett Bacot of Buchanan, Ingersoll
& Rooney, P.C./Fowler White Boggs
3) Recommendation to approve a report covering budget amendments
impacting reserves and moving funds in an amount up to and
including $14,655 and $1,900, respectively.
#14-488 (Ochopee Fire Impact Fee) and #14-498 (Court IT Fee)
4) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2013-14 Adopted Budget.
Resolution 2014-112
5) Recommendation to approve a Memorandum of Understanding
between Collier County, Enterprise Florida, Inc. and the Partnership
for Collier's Future Economy for the purpose of designating the
Partnership for Collier's Future Economy as Collier County's Primary
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June 10, 2014
Economic Development Partner Contact with Enterprise Florida, Inc.
Establishes basic roles and responsibilities for collective working
relationships between partners to ensure economic development
success
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to reappoint one member to the Contractors
Licensing Board.
Resolution 2014-113: Re-Appointing Kyle E. Lantz (waiving the
residency requirement) — Adopted
2) Recommendation to reappoint one member to the Housing Finance
Authority.
Resolution 2014-114: Re-Appointing Michael Carr to a term
expiring on June 25, 2018—Adopted
3) Recommendation to reappoint one member to the Educational
Facilities Authority.
Resolution 2014-115: Re-Appointing Clay W. Cone to a term
expiring on March 23, 2019 —Adopted
4) Recommendation to appoint member to the Golden Gate
Beautification Advisory Committee.
Resolution 2014-116: Appointing Jennifer W. Williams to fulfill
the remainder of a term expiring October 6, 2015 — Adopted
5) Recommendation to reclassify one alternate member as a regular
member of the All-Terrain Vehicle Park Ad Hoc Committee.
Resolution 2014-117: Reclassifying Greg Westgate as a regular
member— Adopted
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) To provide the Board of County Commissioners the Clerk of the
Circuit Court's Internal Audit Report 2014-7 Fee Payment Assistance
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June 10, 2014
Program: Guadalupe Center, Inc., issued on June 4, 2014.
Available on the Clerk of Courts website
2) To provide the Board of County Commissioners the Clerk of the
Circuit Court's Internal Audit Report 2014-8 Job Creation Investment
Program: Animal Specialty Center of Florida, LLC, issued on June 4,
2014.
Available on the Clerk of Courts website
3) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of May 22, 2014 through
May 28, 2014.
4) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of May 29, 2014 through
June 4, 2014
K. COUNTY ATTORNEY
1) Recommendation to approve a Stipulated Final Judgment in the
amount of$38,500 for the acquisition of Parcels 170DE(R) and
170TCE in the lawsuit styled Collier County, Florida v. Holistic
Health Healing, Inc., et al., Case No. 12-CA-1756 (US 41
Ditch/Naples Manor Canal/LASIP Project #51101). (Fiscal Impact:
$13,300)
Folio #62150160003, Naples Manor
2) Recommendation that the Board of County Commissioners approves a
Resolution pursuant to LDC Section 3.05.09 designating certain Java
Plums located at 549 Myrtle Road, Naples, Florida, as Specimen
Trees, and that staff take no further action with respect to this matter.
Resolution 2014-118
3) Recommendation to reject a written Settlement Offer presented by
Plaintiff Evelyn Prieto in the lawsuit styled Evelyn Prieto v. Collier
County and Ian Mitchell (Case No. 2:13-cv-489-FtM-38CM) now
pending in the United States District Court, Middle District of Florida
Fort Myers Division and to direct the County Attorney to proceed
with the defense of the lawsuit including filing a Motion for Summary
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June 10, 2014
Judgment (Potential fiscal impact $75,000).
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.
Adopted w/one clerical change on Item #17D — Adopted 5/0
A. This item has been continued indefinitely. Recommendation to adopt an
ordinance amending Ordinance No. 2002-17, the Collier County Water
Irrigation Ordinance, to maintain compatibility with the South Florida Water
Management District's, Mandatory Year-Round Landscape Irrigation
Conservation Measures, as amended, and providing for the repeal of
Ordinance No. 2000-61, as redundant.
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 consider 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 C-1 zoning district to a C-4
zoning district for the project known as Walgreens Naples Rezone located
on Pine Ridge Road, east of Airport-Pulling Road in Section 12, Township
49 South, Range 25 East, Collier County, Florida, consisting of 1.79± acres;
and by providing an effective date [RZ-PL20130001302].
Ordinance 2014-19
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June 10, 2014
C. Recommendation to approve (adopt) a portion of the 2013 Cycle 1 of
Growth Management Plan Amendments specific to the Olde Florida Golf
Club petition. (Adoption Hearing) (Companion to rezone petition PUDZ-
PL20130001374, Golf Club of the Everglades Residential Planned Unit
Development).
Ordinance 2014-20
D. 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 Rural Agricultural (A) Zoning
District within the Rural Fringe Mixed Use District - Neutral Lands Overlay
and Receiving Lands Overlay, to a Residential Planned Unit Development
(RPUD) Zoning District within the Rural Fringe Mixed Use District -
Receiving Lands Overlay, to be known as the Golf Club of the Everglades
RPUD to allow up to 750 residential dwelling units, a golf course and
related recreational uses and 172 acres of native vegetation preserve. The
subject property is located on Vanderbilt Beach Road Extension,just east of
Collier Boulevard, in Section 31, Township 48 South, Range 27 East and
Section 36, Township 48 South, Range 26 East, Collier County, Florida
consisting of 835.684± acres; providing for repeal of Resolution Nos. 99-61,
00-189, 07-117 and Ordinance No. 10-08; and by providing an effective date
[PUDZ-PL201300001374] (COMPANION TO PL20130000365/CP2013-4).
Ordinance 2014-21 with one clerical change (Per Agenda Change Sheet)
18. ADJOURN
Motion to Adjourn — Approved 5/0
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 22
June 10, 2014
June 10, 2014
MR. OCHS: Mr. Chairman, you have a live mike.
CHAIRMAN HENNING: Well, good morning, everybody.
Welcome to the Board of Commissioners' meeting of June 10, 2014.
If you-all would silence or turn off your cell phones, it will help
us with today's proceedings.
Today's invocation will be delivered by Father Tim Navin from
Marco Island Catholic Church, and then following that would be our
Pledge of Allegiance.
Item #1
INVOCATION AND PLEDGE OF ALLEGIANCE
Father, thank you.
Would you all rise.
FATHER McNADDEN: Thank you, Mr. Chairman.
Let us pray. Oh, God, our father, on this new day, be with the
men and women who serve us in government here in Collier County,
especially Donna Fiala of District 1, East Naples, South Collier Marco
Island. Give her and all of them wisdom to make wise decisions, give
them the discernment to debate issues wisely, give them the honesty to
deal with their constituents.
The burdens and responsibilities they bear are greater than we
can sometimes realize. We are quick to criticize but slow to thank
them.
Their role in our community is critical as they lead and preserve a
citizen-centered local government.
We particularly ask your favor on the children and young people
who will soon be able to enjoy the facilities of the Eagle Lakes
Community Park; hopefully, soon to be renamed in honor of the
tireless work of our beloved District 1 commissioner.
May all who come to this park find fun, happiness, health, and
Page 2
June 10, 2014
recreation with family and friends.
Please make our beloved America and this Collier County we
call home a place of compassion, welcome life, prosperity, and
success for all of our residents.
Bless all in our community in your gracious mercy, amen.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN HENNING: Wow, I heard an echo on that one.
Good morning, County Manager. Would you please walk us
through the changes.
Item #2A
APPROVAL OF TODAY'S REGULAR CONSENT AND
SUMMARY AGENDA AS AMENDED (EXPARTE DISCLOSURE
PROVIDED BY COMMISSION MEMBER FOR CONSENT
AGENDA — APPROVED AND/OR ADOPTED W/CHANGES
MR. OCHS: Yes, sir. Good morning, Mr. Chairman,
Commissioners.
I'm pleased to advise that I have very few changes for today's
meeting on our change sheet. In fact, only one -- no changes from the
agenda. There is one agenda note.
We have a staff correction to report on Item 17D on your
summary agenda. There was a reference on Page 4 of 14 in Table 1
regarding development standards where we had mistakenly listed the
minimum lot width line for a single-family detached residence as 35
feet. We are noting that that should be 40 feet, not 35 feet. And if we
could make that change for the record, we would appreciate that.
Other than that, Mr. Chairman, I have no changes to the agenda
this morning.
CHAIRMAN HENNING: Okay. County Attorney?
MR. KLATZKOW: No changes, sir.
Page 3
June 10, 2014
CHAIRMAN HENNING: Let's start out with Commissioner
Nance with ex parte communication and any further changes to
today's agenda.
COMMISSIONER NANCE: No changes to the agenda, Mr.
Chairman.
On ex parte I've had meetings, on Item 9B on the regular agenda,
which is the Buckley PUD, and on today's summary agenda, I've had
meetings concerning Item 17B, the Walgreens Naples rezone, and also
17D, the Golf Club of the Everglades RPUD.
CHAIRMAN HENNING: Okay. Commissioner Hiller, good
morning.
COMMISSIONER HILLER: Good morning, Commissioner
Henning.
On the regular agenda -- and I'll repeat it if necessary in the
afternoon -- on 9B I've had meetings, emails, and calls, and then with
respect to the summary agenda, I've reviewed the staff report for 17B
and for 17D.
And if I may, Commissioner Henning, I'd like to comment about
two items on consent, if you'd like to do that now or after we vote. I
defer to you.
CHAIRMAN HENNING: Why don't you go ahead.
COMMISSIONER HILLER: Thank you.
County Manager?
MR. OCHS: I believe, Commissioner, you wanted to talk briefly
about Item 16D9. I'll read that title just for the public's benefit. It was
a -- it's a recommendation to approve a grant agreement with the
Florida Department of Children and Families to implement a
three-year criminal justice mental-health and substance abuse
reinvestment grant in the amount of$853.316.71, and approve the
subrecipient agreements with the David Lawrence Center, the Collier
County Sheriffs Office, and the National Alliance of Mental Illness of
Collier County.
Page 4
June 10, 2014
COMMISSIONER HILLER: Thank you.
About one year ago I recommended that we create a victim
advocacy coalition, partnering our county's grants division, the County
Attorney's Office, the Sheriffs Office, the Clerk's Office, with certain
key agencies in the community that represent and fight for the
interests of our victims, and those are the shelter, the Child Advocacy
Center, the David Lawrence Center, Project Hope, Drug Free Collier,
and this year we added Legal Aid.
One of the objectives of the coalition was to try to work together
to pool grants so that we could advance programs to help with victim
advocacy and victim rehabilitation. And to that end, our grants
division has done an outstanding job working with the following
agencies: David Lawrence; the National Alliance of Mental Illness,
NAMI of Collier County; the Collier County Sheriffs Office; and the
following county departments: The Clerk's Office; housing, human,
and veterans services and the grants compliance office in our office of
management and budget.
And to that end, we won the first award of the coalition of almost
$900,000, which shows that this initiative is, in fact, very successful.
The purpose of this grant will be to expand the centralized
coordination program to increase access to substance abuse and/or
mental-health treatment for adults who are either in the criminal
justice system or at risk of being in the criminal justice system.
We really appreciate the work put forward, the team effort that
resulted in the funding for this program. So I want to thank you all.
It's something that I know that this board is going to support
unanimously and hope that there will be many more grants like this to
come.
So thank you. And, Kim, I specifically want to applaud you,
because you were really at the heart of this initiative to get this grant
funding for this team. So thank you.
CHAIRMAN HENNING: Anything else?
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June 10, 2014
COMMISSIONER HILLER: Yes. Item 16E10, Leo.
MR. OCHS: Yes, ma'am. That is a recommendation to proceed
with planning, design, and construction of an additional site for the
800 megahertz public safety radio system in North Naples, and
approve the tower lease agreement and the tower space for the site.
COMMISSIONER HILLER: We have had a problem in North
Naples, and that is that we have suffered from dropped calls when
calls have gone into our emergency response system. And so as a
consequence, a team was put together. It was a collaboration between
the county, the Sheriffs Office, and the North Naples Fire District.
And, together, the solution that was arrived at is an outstanding
one because now we are going to eliminate this problem and
hopefully, as a consequence, be even more responsive, more timely,
and save more lives than we already are.
This tower that is going to be built in North Naples will be a
tower which will then be transitioned and tied into the new megahertz
system.
So it's a current investment that will actually have a long-term
benefit. So I want to thank you all for that. Absolutely outstanding.
MR. OCHS: Thank you, ma'am.
CHAIRMAN HENNING: Okay. Anything else?
COMMISSIONER HILLER: No, sir.
CHAIRMAN HENNING: I have no ex parte communication on
today's agenda; however, I do have an item on today's agenda. I
believe it's 10B. Let me get that. The issue -- I met with officials from
the Department of Environmental Protection agency, and they have
stated there has been some misinformation about Hughes -- Dan
Hughes' well off of Immokalee Road and also their willingness to
meet -- come down here and meet with the board to discuss this issue
in attempts to remove our challenge to their consent order.
I thought it was noble of them to be willing to come down here
and have an open dialogue not only to get educated but dispel
Page 6
June 10, 2014
potential misinformation that the board has received; however, as of
late yesterday, I spoke to the deputy secretary of DEP. Their wanting
to come down here changed to having board members go to
Tallahassee to discuss the issue.
That's very difficult, because this is a concern of many people in
Collier County, and I think that we all deserve the facts. They have --
my understanding, through the secretary of DEP -- is unwilling to
come to Collier County. And, in fact, it was said by the deputy
secretary, we've been down to Collier County enough for public
meetings.
Therefore, I want on the change list to remove my item of
reconsideration of challenging of the consent order; therefore, it would
give the county attorney to go ahead and file the challenge to the
consent order.
And I don't know if DEP met or spoke to other commissioners
about coming down here to have that open dialogue, but I would ask
you to share that information if anybody has talked to DEP.
COMMISSIONER FIALA: I make a motion to approve that.
COMMISSIONER NANCE: Mr. Chairman, I'd really like -- if
you're pulling your item, I would let it go, but I think -- I would like to
comment. If we're going to discuss this item, there are many things I'd
like to say, but I'd like to take it up under the item.
If you're going to pull the item, then I'm -- I guess I'm done, but I
think --
CHAIRMAN HENNING: If you have something to say, why
don't you say it now.
COMMISSIONER NANCE: I think that this board should make
a -- you know, I have had some conversations with members of DEP
staff as well, but I believe that this board should consider making a
formal written request to DEP and allow them to deny a meeting down
here. I think they owe us a meeting, and I think we should make a
formal request. And I would like to see them publicly deny us that
Page 7
June 10, 2014
opportunity, frankly.
CHAIRMAN HENNING: If you talked to DEP, was it your
understanding they were going to come down and have a meeting with
the board?
COMMISSIONER NANCE: Well, they -- no, sir. I didn't ask
them to do that. I did not ask them to do that. They indicated that
there was all sorts of opportunities for conversation. My outreach to
the new deputy secretary was in order to get a better communication
established, which I think we desperately need if we're going to come
to grips with this, not just the item -- not just the item that we're
considering challenging under the petition process, but our issue as a
whole.
And I believe that there is adequate reason for them to come
down here, if not a professional courtesy to everyone, to answer some
questions so that we can discuss this as a group.
I have no objection to talking about them individually, but I
believe all the board members should have the benefit of those
discussions and that dialogue.
And so I believe we should have, you know, a formal outreach to
do that, but I'm -- I hate to say it, but I think they're simply going to
use the litigation as a reason to deny us that opportunity. And I'd
rather put their feet to the fire ahead of that until we get in the
situation where they say, well, we can't discuss any of the issues
because it's under litigation, which is a complete cop-out; but it doesn't
help us here in Collier County.
CHAIRMAN HENNING: And that's what they relayed to me is
once the litigation starts, there is no dialogue; however, I did reach out
to interests -- parties with interests in this; I reached out to the
Conservancy; I reached out to the Colliers.
I received a phone call yesterday from Blake Gable from Collier
-- Barron Collier Enterprises. He also called DEP. And they also told
him, no, we're not interested in coming to Collier County. And he also
Page 8
June 10, 2014
expressed -- what they told him is, we've been down to Collier County
enough on this issue.
So they have refused not only to the Board of Commissioners,
through me, but they also refused an interested party, being the
landowner where this well is.
I think it's clear they have no intent to come down here. And I
hate to say it, my whole attempt was, was there a possibility to resolve
this without going into the courts?
I hate to say -- is I don't see any other choice, being that two
people of the community has been rejected by DEP.
So, anyways, that's the only change in ex parte communication
that I have.
COMMISSIONER FIALA: Do we need to --
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Do we need to make a motion
to --
CHAIRMAN HENNING: Well, let's go through any ex parte
communication or any further changes to today's agenda. It's already
noted that that item is requested by me to remove as far as the change
order -- change list.
COMMISSIONER FIALA: Very good. Ex parte on the consent
agenda regarding Indian Hill Estates, I've had correspondence and
emails and also updates from staff. That's No. 16A8.
No. 17B, which is the Walgreens Naples rezone, I've had
correspondence and emails and updates from staff as well. No other
disclosures on the consent or the summary agenda.
CHAIRMAN HENNING: Thank you.
Commissioner Coyle?
COMMISSIONER COYLE: My only ex parte disclosure for the
consent and summary agenda applies to Item 17B. I have reviewed
the staff report dated May the 1st, 2014, and I have received
correspondence.
Page 9
June 10, 2014
Now, with respect to changes to the agenda, I want you to know,
Commissioner Henning, that I wholeheartedly support your desire to
remove the item that you had recommended for the reasons that you
have stated.
It appears that the only way we're going to get representatives of
the DEP to talk with us about these issues is to do it through the legal
process, and we will get, in fact, depositions, I presume, from all of
those people, and we will have a public dialogue concerning that, and
there's no way they can get around it. So I think you're right to
withdraw the item and let us proceed.
This is a very important issue. It's important to our citizens.
There's no single entity which will suffer more if this program turns
out to be a disaster than Collier -- the Collier Corporation. I mean,
they certainly do not want to be seen as responsible for a catastrophic
impact to our drinking water supply, and I think it would serve all
interests if we had a public airing of this and reached some conclusion
that makes sense and clarify issues where there's a lot of confusion
and misinformation.
CHAIRMAN HENNING: Okay. With that said, I'll entertain a
motion to approve today's agenda as amended.
COMMISSIONER HILLER: So moved.
COMMISSIONER FIALA: Second.
COMMISSIONER NANCE: Second.
CHAIRMAN HENNING: Motion by Commissioner Hiller,
second by Commissioner Fiala, and third by Commissioner Nance.
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?
Page 10
June 10, 2014
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Page 11
Proposed Agenda Changes
Board of County Commissioners Meeting
June 10,2014
Note:
Item 17D: Golf Club of Everglades Residential Planned Unit Development: On page 4 of 14: Table
1 Development Standards for R/G and "G": The Minimum Lot Width Line for a single family
detached should read 40 35 feet. (Staff's request)
6/10/2014 8:33 AM
June 10, 2014
Item #2B and #2C
MINUTES FROM MAY 6, 2014, BCC/CRA WORKSHOP AND
MINUTES FROM MAY 13, 2014, BCC/REGULAR MEETING —
APPROVED AS PRESENTED
Now we go to approval of the Minutes of May 6, 2014,
BCC/CRA Workshop --
COMMISSIONER HILLER: Motion to approve.
CHAIRMAN HENNING: -- May 13, 2014, BCC Regular
Meeting. Motion by Commissioner Hiller --
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: -- seconded 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.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Now we'll go to proclamations.
Item #4
PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS
Item #4A
PROCLAMATION HONORING DON HUNTER FOR 33-YEARS
Page 12
June 10, 2014
OF DEDICATED SERVICE TO THE RESIDENTS AND
VISITORS OF COLLIER COUNTY — ADOPTED
MR. OCHS: Mr. Chairman, that takes us to Item 4A this
morning. It's a proclamation honoring Don Hunter for 33 years of
dedicated service to the residents and visitors of Collier County, and
this item is sponsored by both Commissioner Fiala and Commissioner
Hiller separately.
I'm looking for former Sheriff Hunter. He may be in the hallway.
COMMISSIONER HILLER: Donna?
COMMISSIONER FIALA: Yeah. We better see if he's here.
COMMISSIONER HILLER: I know.
MR. OCHS: There he is. Sheriff, good morning. If you could
step forward and receive your proclamation.
(Applause.)
SHERIFF HUNTER: I thought you were still deciding on the
agenda.
COMMISSIONER HILLER: Commissioner Fiala and I --
SHERIFF HUNTER: I was distracted.
COMMISSIONER HILLER: Commissioner Fiala and I are your
biggest fan club, so we wanted to jointly present you with this -- we
are your biggest fan club, and so we wanted to jointly present you
with this proclamation on behalf of the board and tell you how much
we appreciate your service for all these years.
We're going to miss you, but we hope to see you a lot around the
county in the near future.
So with that, congratulations.
SHERIFF HUNTER: Thank you very much. Commissioner
Hiller, thank you very much. Commissioner Fiala, thank you. It's
been a pleasure serving you.
COMMISSIONER FIALA: You know, I still have a Don Hunter
watch from when he first ran for office in 1988.
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June 10, 2014
SHERIFF HUNTER: It still works.
COMMISSIONER FIALA: And it still works.
COMMISSIONER HILLER: Would you like to say a few
words?
SHERIFF HUNTER: Well, if I was early I would have ruined
my reputation. Actually, I've been standing out there watching the
commission progress.
First of all, thank you very much for the proclamation; I
appreciate that. I would like to recognize the fact that I was simply
the sheriff and part of a very professional crew. And I was lucky to
serve with many modern law enforcement officers, deputy sheriffs,
both law enforcement and corrections and, of course, many things
happened accidentally that just made me look good.
And hopefully I finished with a reasonably good reputation. It
was a pleasure serving with you as well, all of you who I had the
pleasure of serving with. I know you have a very difficult job and a
very long agenda.
Again, thank you very much for the proclamation and for duly
recognizing a professional law enforcement agency that you still have
the pleasure serving with.
COMMISSIONER HILLER: Thank you for your outstanding
service.
(Applause.)
CHAIRMAN HENNING: Next proclamation.
Item #4B
PROCLAMATION RECOGNIZING JUNE 8 THROUGH JUNE 14,
2014 AS COLLIER COUNTY'S CODE ENFORCEMENT
OFFICERS APPRECIATION WEEK. ACCEPTED BY CODE
ENFORCEMENT DIRECTOR JEFF WRIGHT, GROWTH
MANAGEMENT DIVISION ADMINISTRATOR NICK
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June 10, 2014
CASALANGUIDA AND MANY CODE ENFORCEMENT
OFFICERS AND STAFF — ADOPTED
MR. OCHS: Item 4B is a proclamation recognizing June 8th
through June 14, 2014, as Collier County's Code Enforcement
Officers' Appreciation Week, to be accepted by code enforcement
director, Jeff Wright; Growth Management Division administrator,
Nick Casalanguida; and many of our code enforcement officers and
staff that are able to be here this morning. This item is sponsored by
Commissioner Henning.
If you'd please step forward and receive your proclamation.
(Applause.)
CHAIRMAN HENNING: Keep up the good work.
COMMISSIONER FIALA: Thanks for all you do.
Gosh, when you guys leave, our audience will empty out.
MR. OCHS: All right.
(Applause.)
MR. CASALANGUIDA: Commissioner Henning, if I could, I
just want to say thank you and the board members for recognizing the
code department.
I'm amazed at the level of effort they put forward, whether it's for
dealing with citizens' day-to-day issues or the drainage issues that
we've, you know, recently responded to.
They're a phenomenal team. They work extremely well together,
and I think from me to them to you, are extremely grateful for the
recognition. Thank you.
CHAIRMAN HENNING: Well, we need to thank the county
manager for providing great leadership within this department. I'm
very pleased.
I do have to tell everybody a story. On the way home yesterday
-- in Golden Gate we have a problem with a person putting up what is
called snipe signs advertising to pick up junk cars.
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June 10, 2014
On the way home yesterday, I noticed the person actually putting
up one of those signs, and I quickly turned around to follow, hoping to
get a license plate number, and in communication with my aide,
Camden, to relay to the Sheriffs Department and code enforcement,
because it is a true concern of the image of our community.
However, he eluded me, and the only thing I saw was three digits
of his license plate number and a brown or a tan Asian SUV. So if
you see an Asian SUV out there, keep an eye on that person.
MR. OCHS: Yes, sir.
CHAIRMAN HENNING: Jeff?
MR. WRIGHT: Thank you, Commissioner. Good morning,
Commissioners.
Thanks so much for taking time out of your agenda to recognize
our officers. They're a great crew of people. And we have 30 code
enforcement officers in the county; and five are supervisors, 25
investigators. And within that group we have specialists in
environmental, property maintenance, vehicle for hire, synthetic
drugs, and a whole bunch of other things that we do with inner-agency
cooperation with the sheriff. We do community cleanups. And they
have a hands-on role and a positive contribution to our community.
I have worked in the department for about a year, and I could not
have survived the year without this group. Within this group --just to
give you have a flavor of the type of people we're dealing with, we
have 10 military veterans. Every branch of the armed services is
represented in this group of investigators, the five main branches.
I'm very lucky.
(Applause.)
MR. WRIGHT: I consider myself very lucky to work with them.
I'm consistently surprised by their professionalism, their dedication,
their knowledge, their skill, and, most importantly, their common
sense in dealing with tough situations out on the street.
So they're the boots on the ground, and I owe them a debt of
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June 10, 2014
appreciation, and I also want to thank the county manager and the
division administrator for supporting our division and our officers.
And thank you, again, this morning for recognizing our officers.
CHAIRMAN HENNING: Thank you.
Commissioner Hiller?
(Applause.)
COMMISSIONER HILLER: Yes.
(Applause.)
COMMISSIONER HILLER: Jeff, since you've taken office as
the leader of Code Enforcement, there has been a dramatic
improvement. Morale is so positive. Production is higher than before.
You're just resolving issues so expeditiously and in such a positive
way. It's really a remarkable turnaround, and I want to commend you
for your leadership and your staff for their teamwork in doing an
outstanding job.
MR. WRIGHT: Thanks very much, Commissioner. And, of
course, I wouldn't be able to do it without them. And I want to give a
"shout out" to our operations staff who are holding down the fort
down at the office, and they're kind of the glue, the customer service
hub. They also play a critical support role for these guys.
COMMISSIONER HILLER: Absolutely. Thank you.
MR. WRIGHT: Thank you.
(Applause.)
CHAIRMAN HENNING: Thank you.
Next proclamation.
Item #4C
PROCLAMATION COMMENDING THE MEMBERS OF THE
COLLIER/NAPLES REGIONAL HOME INVASION TASK
FORCE FOR THEIR GREAT INVESTIGATIVE WORK AND
DEDICATED SERVICE TO COLLIER COUNTY. ACCEPTED BY
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June 10, 2014
SHERIFF KEVIN RAMBOSK AND SGT. MARK WILLIAMSON
— ADOPTED
MR. OCHS: Item 4C is a proclamation commending the
members of the Collier/Naples Regional Home Invasion Task Force
for their great investigative work and dedicated service to Collier
County. This proclamation will be accepted by Sheriff Kevin
Rambosk and Sergeant Mark Williamson. This item is sponsored by
Commissioner Hiller.
If you'd please step forward and receive your proclamation.
COMMISSIONER HILLER: What I'd like to do is -- while we
wait a few minutes to have code enforcement leave the room and the
team come in, I'd like to recognize Councilwoman Dee Sulick.
Dee, would you like to stand up so everyone can recognize you.
(Applause.)
COMMISSIONER HILLER: Dee -- Dee is here today to support
the Naples Police Force that was part of the team, and we'd like to
thank you for being here to congratulate them.
COUNCILWOMAN SULIK: It's my honor. Thank you.
COMMISSIONER HILLER: I'd like to have Sheriff Rambosk
and Sergeant Williamson step forward.
I would like to go ahead and read the proclamation so our
community recognizes the immense contribution the task force has
made in stopping what was a series of crimes that was terrorizing our
community and putting a great deal of fear in so many people.
Let me begin.
Whereas, a series of home-invasion robberies took place in
Collier County in the City of Naples with distinct similarities to each
other; and,
Whereas, the Collier/Naples Regional Home Invasion Task Force
was established to focus solely on investigating these home-invasion
robberies; and,
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June 10, 2014
Whereas, the Collier/Naples Regional Home Invasion Task Force
is comprised of members of the Collier County Sheriffs Office, the
Naples Police Department, the Florida Department of Law
Enforcement, the Marco Island Police Department, and the FBI; and,
Whereas, the Collier/Naples Regional Home Invasion Task Force
spent countless hours developing and pursuing leads, reviewing
evidence, and conducting surveillance in an effort to identify those
individuals responsible for these home invasion robberies; and,
Whereas, the Collier/Naples Regional Home Invasion Task Force
developed and implemented a plan to reduce the likelihood of future
home-invasion robberies through the use of visible patrols and
relevant crime prevention education in communities across Collier
County and the City of Naples; and,
Whereas, the Collier/Naples Regional Home Invasion Task Force
fielded and investigated numerous tips from the community; and,
Whereas, the Collier/Naples Regional Home Invasion Task Force
initiated communication with other law enforcement agencies in
Florida and Texas where similar home invasions have occurred to
share information in an effort to use every resource possible to solve
these crimes and apprehend those responsible; and,
Whereas, the Collier/Naples Regional Home Invasion Task Force
developed suspects that led to the arrest of four suspects who had been
charged in connection with a home invasion in Wyndemere and an
attempted home invasion in Orange County and remain suspects in
home invasions that took place in Collier County and the City of
Naples and in Texas.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the board does hereby
commend the members of the Collier/Naples Regional Home Invasion
Task Force for their great investigative work and dedicated service to
Collier County.
Done and ordered this 10th day of June 2014 by the Collier
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June 10, 2014
County Board of County Commissioners.
We commend and applaud you.
(Applause.)
SHERIFF RAMBOSK: Task force members, please.
Handshakes, everybody, and then we'll take a picture, please.
CHAIRMAN HENNING: Thanks for keeping us safe.
COMMISSIONER FIALA: Thank you. You guys have a tough
job.
COMMISSIONER HILLER: And you two gentlemen have to
share. You can cut it in half this way or this way. What's your
preference?
Congratulations. Thank you very much for your
accomplishments.
MS. HETZEL: Let me get everybody to scoot back a little bit.
(Applause.)
CHAIRMAN HENNING: Sheriff, please.
SHERIFF RAMBOSK: Good morning, Chairman, Board.
I'd like to first, on behalf of all the members of the task force,
thank you for the task force, thank you for the recognition and
introduce to you -- we have Chief Tom Weschler here from the Naples
Police Department; Tom Foy from the Florida Department of Law
Enforcement; Mike Neiman from the Statewide Prosecutors' Office;
and Kevin McCormick from the FBI.
You know, the events that we were experiencing and that other
communities in Florida and outside were unique to all of those
communities. And when we look at even TV programs, it seems that
there are a lot of tactics and techniques that are used that solve crimes
in an hour.
I can tell you that while technology is important and has been
important, it was the tenacity, the persistence, and the intuitive
investigative abilities of each of the members that are here today,
some that are not here with us today -- they were not able to attend --
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June 10, 2014
and assisted by all of the other members of our agency and each of
their agencies.
So on behalf of the administrative organizations here, we'd like to
recognize them for their terrific work and thank you for the
recognition. Thank you very much.
CHAIRMAN HENNING: Thank you.
COMMISSIONER HILLER: Thank you very much.
(Applause.)
CHAIRMAN HENNING: Entertain a motion to approve today's
proclamations.
COMMISSIONER HILLER: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion by Commissioner Hiller,
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.
CHAIRMAN HENNING: And we go to presentations.
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH AWARD FOR JUNE 2014 TO GOLDEN TECH.
ACCEPTED BY GOLDEN TECH OWNER GREG SCASNY —
PRESENTED
MR. OCHS: Yes, sir. Item 5A is a presentation of the Collier
County Business of the Month award for June 2014 to Golden Tech,
to be accepted by Golden Tech owner, Greg Scasny, and this item is
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June 10, 2014
sponsored by the entire Board of County Commissioners.
Congratulations, Greg. Please step forward. Step forward and
receive your award.
COMMISSIONER HILLER: Congratulations.
CHAIRMAN HENNING: Congratulations.
A little housekeeping going on.
COMMISSIONER HILLER: Leo, if we could have one more
proclamation prepared for that last agent who we didn't have a copy
for.
MR. OCHS: Yes, ma'am, got it.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: Next item.
MR. OCHS: Mr. Chairman, that takes us to Item 10, Board of
County Commissioners.
Item #10A
RESOLUTION 2014-119: APPOINTING COMMISSIONER FIALA
AND COMMISSIONER HILLER WITH REMAINING
COMMISSIONERS SERVING AS ALTERNATES TO THE
VALUE ADJUSTMENT BOARD (VAB)
MR. OCHS: Item 10A is a recommendation to appoint two
commissioners as regular members and three commissioners as
alternate members to the Value Adjustment Board.
CHAIRMAN HENNING: Yeah. I'd like to take a break from
that, personally.
Pleasure of the board?
COMMISSIONER FIALA: Well, I guess we all have to be --
yeah, you've been on there every year, haven't you?
CHAIRMAN HENNING: Yeah.
COMMISSIONER HILLER: I was on there last year.
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June 10, 2014
COMMISSIONER FIALA: I'm going to be out of town in
August when their first meeting takes place. I could be an alternate
for when I'm not.
CHAIRMAN HENNING: I'll tell you, if you accept it, I'll sit in
for you in August, as long as I'm not down in the Keys.
COMMISSIONER FIALA: Well, I would accept it. I don't hear
anybody else jumping to the forefront, so I'd be happy to do that, as
long as it isn't in August.
COMMISSIONER NANCE: Yeah, I will not be available in
August.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: I don't know if I will be, but I'm
more than happy to do it again.
CHAIRMAN HENNING: Would you be an alternate?
COMMISSIONER HILLER: Yeah. I'm more than happy to be
an alternate.
CHAIRMAN HENNING: Okay. So we've got our primary and
secondary. The rest of us are stand-ins, from what I understand.
Crystal, do you know anything about the VAB board?
MS. KINZEL: No.
CHAIRMAN HENNING: I think that's how it goes.
So entertain a motion to have Commissioner Fiala be the
primary, Commissioner Hiller being the secondary, and rest of the
board be available for stand in.
COMMISSIONER HILLER: Motion to approve.
COMMISSIONER NANCE: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion by Commissioner Hiller,
second by Commissioner Nance.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
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June 10, 2014
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
MR. OCHS: Sir, that takes us to Item 11, the county manager's
report.
Item #1 1 A
RESOLUTION 2014-120: NAMING THE NEW COMMUNITY
CENTER AT EAGLE LAKES COMMUNITY PARK, THE
"DONNA FIALA COMMUNITY CENTER." THE NAMING IS
SPONSORED BY MR. ZENON SANTOS AND SUPPORTED BY
1,154 RESIDENTS OF COLLIER COUNTY — ADOPTED
MR. OCHS: Item 11A is a recommendation --
COMMISSIONER HILLER: Motion to approve.
MR. OCHS: -- to adopt the resolution naming --
COMMISSIONER HILLER: Motion to approve.
MR. OCHS: -- the new community center at Eagle Lakes
Community Park the Donna Fiala Community Center.
COMMISSIONER HILLER: I'll second it too.
MR. OCHS: The naming is sponsored by Mr. Zenon Santos and
supported by 1,154 resident signatures petition, and Mr. Sheffield will
make a brief presentation.
(Applause.)
CHAIRMAN HENNING: Let me recognize the motion. Motion
by Commissioner Hiller, seconded by Commissioner Henning.
So go ahead, Mr. Sheffield.
MR. SHEFFIELD: Good morning. Mike Sheffield, your
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June 10, 2014
communication and customer relations department. And I'd like to
introduce Mr. Sandy Santos. And Sandy will present. Mr. Santos.
MR. SANTOS: Thank you. It's an honor to be here, and I thank
you so very much.
I had no idea that a simple letter like the one I wrote can cause
this, and I'm quite pleased, surprised, and honored.
I'd like to give you a short story of an experience that I had
regarding Donna Fiala. I am bilingual, and I am a Kiwanian. And I
was called by one of my officers in Kiwanis and asked to assist in the
election program that we had at the -- we have phone banks to assist in
speaking to Hispanic families here in Naples. And, of course, I
immediately went to the bank and grabbed telephones.
I was speaking to Hispanic families. I was receiving calls from
Hispanic families. I was making calls to Hispanic families. And in
one case I called this lady, and I said, good afternoon, my name is
Sandy Santos, and I want to remind you that we have elections, and I
would like to ask you if you know Donna Fiala.
And the lady says, Donna Fiala? She says, let me tell you
something. You don't know her.
And I says, really?
She says, yes. When I arrived here in Naples, I was very, very
busy trying to organize my home, had so many things to do. There
was a knock on the door, and I went to open the door, and there stood
a lady with a cake in her hands. And this lady looked at me and said,
welcome to Naples and put the cake in my hands. That is Donna
Fiala. That's the way Donna Fiala welcomed people back then.
I shouldn't even have to be standing here. I haven't done a thing.
Whatever praise we give Donna Fiala, Donna Fiala did, and she did
and does a great job. Thank you.
(Applause.)
CHAIRMAN HENNING: Do we have public speakers?
MR. MILLER: Yes, Mr. Chairman. We have one registered
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June 10, 2014
public speaker, Greg Speers.
MR. SPEERS: Sandy, you're sitting down kind of early. Stay up
here and join me. I may need the support.
MR. SANTOS: Since it's you, Greg.
MR. SPEERS: All right, ladies and gentlemen, Commissioners
and friends. I'm up here on behalf of two organizations, East Naples
Kiwanis Club and East Naples Civic Association. We have a lot of
members in support of this -- Sandy's drive here today.
Some of us are -- have dual membership in both those
organizations, including our friend, Donna.
And what I wanted to say is the East Naples Civic Association
came out with a press release a couple of months ago, and I wanted to
read that to you.
East Naples Civic Association has announced its endorsement of
a local grass-roots initiative to name the community center building at
Eagle Lakes Community Park in honor of our current District 1
County Commissioner, Donna Fiala.
Dual military service, Korean War veteran, East Naples
Kiwanian, past president and retired Eagle Lakes park ranger, Zenon
Sandy Santos, is the originator of the grand idea.
Mr. Santos organized and tirelessly led the drive by personally,
and with the help of supporters, circulating public petitions
county-wide.
He has achieved and even surpassed his goal of 1,000 signatures,
and those were recently presented to Leo Ochs' and Mike Sheffield's
office to be turned in today. I assume those probably have; over 100
pages of signatures. Sandy, job well done.
MR. SANTOS: I've got more.
MR. SPEERS: And you got more.
The fruition of a much-needed family-friendly multi-functional
indoor activity area will prove a welcomed addition to the popular
Eagle Lakes Park. The park, with its ongoing development, has
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June 10, 2014
received long-standing and unwavering support from Commissioner
Donna Fiala. She's been involved with every stage of the process,
originating with a dream to the consent of planning, groundbreaking,
and she'll be there when the project is finished and opened for all. Her
dream will become a reality when kids of all ages, from infant to
infinity, will be enjoying a day at the park and finally be able to have
a place to ride out a menacing summer storm within the safe confines
of a spacious and beautiful community center.
Now our East Naples Civic Association, Marci Seamples, had a
comment. Marci said -- she expressed her thoughts on behalf of the
association's members. Quote, Commissioner Fiala has been a
champion for the East Naples community for many years, even before
she held office. This would be a highly deserved honor, and the East
Naples Civic Association is proud to support this petition 100 percent.
There you go, Donna.
COMMISSIONER FIALA: Thank you.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: Thank you.
(Applause.)
COMMISSIONER FIALA: I'd just like to say I humbly thank
you, and I thank the commissioners for their support.
I met Sandy Santos in one of the parks back in the '90s riding his
horse. He was a ranger and always, always caring for the children.
And he impressed me so much, I kind of watched him as he continued
his job with the county, and I consider him a valued friend.
Thank you, Sandy. Thank you, all of you, all of you, for your
support. I appreciate it.
(Applause.)
CHAIRMAN HENNING: There's a motion and a second on the
floor to approve the resolution.
Discussion on the motion?
(No response.)
Page 27
June 10, 2014
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: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
County Manager, I thought --
(Applause.)
CHAIRMAN HENNING: I thought Marlene Messam was going
to be with us today.
MR. OCHS: Pardon me?
CHAIRMAN HENNING: Marlene Messam.
MR. OCHS: No, sir. I think Jay Ahmad is going to be here
today. I'm sorry to disappoint you. We can probably call Marlene and
get her here.
CHAIRMAN HENNING: I think you should.
Next item?
MR. OCHS: Yes. Commissioner Fiala, congratulations on
behalf of the entire staff
COMMISSIONER FIALA: Thank you.
MR. OCHS: Well deserved.
COMMISSIONER FIALA: And thanks to each and every one of
you.
(Applause.)
Item #1 1 B
AUTHORIZE THE PELICAN BAY SERVICES DIVISION TO
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June 10, 2014
PREPARE, SIGN AND SUBMIT A NATIONWIDE PERMIT FOR
THE MAINTENANCE DREDGING OF CLAM PASS DUE TO
CONCERNS ABOUT THE CRITICAL CONDITION OF THE
PASS, APPROVE NECESSARY BUDGET AMENDMENTS AND
MAKE A FINDING THAT THIS PROJECT PROMOTES
TOURISM - APPROVED W/CONDITIONS; STAFF TO BRING
BACK INFORMATION REGARDING THE NEED FOR A
COUNTY-OWNED DREDGE OR PUMP ALONG WITH THE
CLAM PASS MANAGEMENT PLAN
MR. OCHS: Mr. Chairman, that takes us to Item 1 l B this
morning. That's a recommendation to approve and authorize the
Pelican Bay Services Division to prepare, sign, and submit a
nationwide permit for the maintenance dredging of Clam Pass due to
concerns about the critical condition of the pass, approve necessary
budget amendments, and make a finding that this project promotes
tourism.
And Mr. Neil Dorrill, the administrator for the Pelican Bay
Services Division, will present.
MR. DORRILL: Good morning, Commissioners, and as we
approach your --
CHAIRMAN HENNING: Mr. Neil -- hold on. One minute,
please.
Commissioner Hiller?
COMMISSIONER HILLER: I'd like to just ask, before you get
started -- let's just wait till the door closes. Sounds like a party out
there.
Donna, you better step down from the podium and go have some
fun with your friends.
I had asked the county manager to follow up with staff on a
number of suggestions that were brought up at the workshop when we
were talking about renourishment and inlet neglect, and this goes to
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June 10, 2014
the issue of inlet management, not beach renourishment -- and there's
a distinction between the two types of projects -- as to whether or not
staff could look into options such as the purchase of a dredge either by
the county or in conjunction with other coastal counties to dredge the
inlets.
Again, this is not about beach renourishment. This is about
strictly inlet management or, in the alternative, a pump, if staff-- has
staff had the opportunity to do that?
MR. OCHS: Well, we're still engaged in that analysis,
Commissioner. I'm sorry I don't have a final answer for you.
When we first talked about this, it was in the context, as you
know, of a dredge or dredge collaboration initiative for beach
renourishment. Just for inlets is a different type of--
COMMISSIONER HILLER: It is.
MR. OCHS: -- equipment, as you well know. And so we're back
on that trail. But we don't have a final response for you today.
COMMISSIONER HILLER: If the board would support me in
this, I'd like to direct staff to bring that information back not at the
next meeting but at the last meeting so that if any work needs to be
done over the summer with respect to that, that it can be done. And,
again, this is strictly for inlet management. Would that be acceptable?
CHAIRMAN HENNING: Are you talking about the July
meeting?
COMMISSIONER HILLER: Uh-huh. So it would come back in
July.
CHAIRMAN HENNING: Okay. Yeah, I can support that.
Commissioner Fiala, can you support that?
COMMISSIONER FIALA: (Nods head.)
COMMISSIONER HILLER: Thank you.
COMMISSIONER NANCE: Yeah, that's fine.
CHAIRMAN HENNING: Okay. We have a majority.
COMMISSIONER HILLER: So if that's all right with you, Leo,
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June 10, 2014
if you could ask staff to work on that and bring that back, not at the
next meeting but at the following meeting so we can evaluate that
option.
CHAIRMAN HENNING: Good morning.
MR. DORRILL: Mr. Chairman --
CHAIRMAN HENNING: Go ahead.
MR. DORRILL: -- Commissioners, good morning, Neil Dorrill,
Pelican Bay. As we approach the summer tropical season, as was the
case two years okay, Clam Pass is entering kind of a perilous phase,
and we have a very brief introduction and then a brief presentation for
you this morning, then be happy to answer any questions that I'm sure
that you have.
Two years ago the pass was exhibiting some of the same similar
signs that it is now, and this has as much to do with sand that is
shoaling in the very eastern end of the system, and this was sand that
we were not able to remove in the most recent dredging event when
you declared an emergency in December of 2012.
This sand in Section C -- and we have some pictures and aerials.
We also have some surveys that have been done by a professional land
surveyor to project the amount of sand in this system.
We need to get back in there and remove the accumulation within
the flood shoal in Section C that we were not able to get. The
question is, why didn't you get it the last time that you were here?
As you recall, this system always has a significant amount of
environmental concern and opposition. And at the end of the day, the
type of emergency nationwide Army Corps of Engineers permit that
we were able to obtain to re-open the pass restricted our ability as to
where we could place the sand, and we were required to place the sand
on the upland dry beach upland of the mean high water mark. And as
a result of that we literally ran out of places to place the sand as part of
the emergency re-opening that occurred about 18 months ago.
In this particular regard, I can tell you -- and Dr. Dabees is here
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June 10, 2014
today. He can introduce the various opinions and the questions as to
what is the optimal amount and width of the dredge cuts.
You challenged us to do two things 18 months ago; one was the
emergency re-opening of the pass and the second one was to kick off a
comprehensive management plan for the entire natural resource
protection areas that was there, the very first one ever designated in
Collier County.
The management plan draft is in a final form and will be
presented to our board at their June meeting, and hopefully we will see
you before you and your families go to enjoy your summer recess next
month.
So the management plan is essentially complete. We're prepared
to give you advance copies of that to give you a month to review it. A
great amount of attention, obviously, will be paid to what are the
appropriate cuts in dimensions and the needs as part of the final
10-year maintenance dredging permit that we will then apply for.
So with that, and to eliminate a long history, I'll ask Dr. Dabees --
we have several slides we'd like to show you, and then I'll spend the
balance of time answering the questions.
CHAIRMAN HENNING: Mr. Dorrill, Commissioner Fiala
wants to know where Section C is.
MR. DORRILL: We have an aerial that we'll show you. It is the
easternmost section. Section A is where the inlet meets the Gulf of
Mexico, and then it moves east. We have A, B, and C, and it goes
from west to east, and Dr. Dabees can show you that better on one of
the aerials.
DR. DABEES: Thank you, and good morning, everyone.
Mohammed Dabees, Humiston & Moore Engineers, and I'll follow up
on Neil's introduction to show you the status of Clam Pass and why
we need maintenance dredging at this point.
Last year, March 2013, March and April 2013, we completed the
opening of Clam Pass after it closed. This aerial photo here shows the
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June 10, 2014
conditions in January of 2013. The pass was totally closed for the first
time since the late '90s.
And the accumulation of the material inside the pass, inside the
flood shoal areas of the pass and the sand spits that closed the mouth
of the pass, presented a lot of challenges to re-opening the pass. And
as Neil talked about the permitting hurdles and emergency conditions,
the main goal at the time is to -- was to re-establish the water
connection and get the pass and the water to flow naturally and start
the natural evolution of the pass.
As Neil mentioned, during last year's operation we were limited
by the conditions on the ground, the fact that the pass is totally closed,
and the permits that can be obtained under short emergency
conditions. And the area in red here shows the dredge template that
was dredged last year.
The template in the flood shoal that has been dredged in the
previous event in 1999, 2002, and 2007 extended all the way back to
the end of Section C that Neil was mentioning.
The conditions at the time of the dredging -- and this is just a few
days before the pass was opened -- you can note the amount of
material that shoaled in the mouth of the pass as a result of the
collapse of the ebb shoal system and the sand being washed by waves
at the mouth of the pass.
Under normal conditions, your beach or your shoreline follows
the treeline, but in these conditions when the pass was closed and by
the time it took for the dredging operations to occur after the pass
shoaled and closed, there was a lot of material on the mouth of the
pass, and there was not an ebb shoal or the underwater support system
for the flow in the pass.
This aerial here shows the conditions right after the opening of
the pass. And, again, you can see how -- at the mouth of the pass how
long and far the shoreline is and lack of ebb shoal features and also the
unnatural engineered straight channel that requires time and natural
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June 10, 2014
evolution to morph into what is an equilibrium condition for the pass.
The dredging that occurred last year was Section A, which was
across the beach or the channel across the dry beach, and then
Sections B and C are within the flood shoal of the system.
Section B was fully dredged. Section C only a small part that
was dredged, as Neil mentioned early.
The part of Section C that wasn't dredged last year is what's
highlighted in the yellow color in the exhibit that you see in front of
you now.
Fast forward one year, and monitoring and work on long-term
management plan and trying to come up with comprehensive plans
moving forward, the good news is more than 14 months post dredging,
the pass is still flowing naturally, and the pass is open.
What's concerning is during that year, the amount of material that
accumulated at the mouth of the pass, prior to opening, plus the
material that was not dredged during last year's provide the pass with a
lot of challenges for it to stay open, and facing -- whether tropical
storms or cold fronts during the summer.
We reviewed the pass conditions and the pass stability over the
past 15 years, looked at the times where the pass was distressed, the
pass was open, and provided hydraulic and physical analysis to see
and provide indicators to when the pass needs to be dredged.
And given all the analysis, the pass conditions, based on
hydraulic metrics and physical conditions or shoaling within the pass,
these conditions indicate that the pass is in need of dredging, mainly
the Section B and C or the flood shoal areas where the water has
restriction areas that reduces the hydraulic efficiency from target
values.
This aerial here shows the latest conditions captured by aerial
photos, which is two weeks ago or three weeks ago. And, again, you
can see the amount of sand that is shoaling in the flood shoal areas and
the sand that was not dredged in the last operation. That needs to be
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June 10, 2014
cleared, and that's why we're here to inform you of the conditions of
the pass and the need to, again, perform maintenance dredging rather
than have to wait until the system collapses and closes and we have to
do iterative process to reopen it. So it's now the time to restore the
pass to its target design conditions.
Just to summarize again the difference between the template that
was dredged in 2013 and how only part of Section C that was dredged
versus what we would like to dredge in the proposed project and
completing Section C in addition to Sections A and B, as done in the
past.
And, finally, the materials that will be dredged are shown in this
aerial in the blue template. The disposal areas or the material, the
beach-compatible material, will be placed on the beach first on the
south part of the beach, which has the capacity of eight-and-a-half
thousand cubic yards.
And the remaining volume will be placed on the north side of the
pass, and it has a capacity of over 5,000 cubic yards.
And with that, I will be more than happy to answer any
questions.
CHAIRMAN HENNING: Questions by the board?
MR. DORRILL: I should say, in conclusion, this was reviewed
by both the Pelican Bay and the Tourist Development Council boards
respectively and is forwarded to you with their unanimous
recommendations for the design and permitting phase. We have given
you an estimate as what we consider the construction costs to be, and
now we can answer any questions you have.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: This particular executive summary
is, I believe, somewhat different than what the TDC approved; is that
correct? You're asking us today to approve and authorize the Pelican
Bay Services Division to prepare, sign, and submit a nationwide
permit for the maintenance dredging of Clam Pass.
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June 10, 2014
MR. DORRILL: Correct.
COMMISSIONER COYLE: That's what you're asking us to do.
MR. DORRILL: Yes, sir.
COMMISSIONER COYLE: I can find nothing in this item that
shows us the dimensions to which the pass will be dredged. You give
us cubic yards of sand, but it's very difficult for us to convert that to
dimensions.
You state in this executive summary that the dimensions will be
determined after you have received the permit. How can you apply
for a permit if you don't define the dimensions?
MR. DORRILL: We have both a design set of plans -- and Dr.
Dabees can tell you what the dredge cuts are and also the depths, and
then we will do a final survey in advance of going to bid to determine
the actual volume of material in the three different sections, as we did
the last time.
COMMISSIONER COYLE: And why isn't that in this particular
executive summary now?
DR. DABEES: One of the attachments with the executive
summary was a set of permit plans, and the permit plans have all the
dimensions and the cross-sections throughout all Sections A, B, and C,
and the volumes are also noted in the plans, so the complete package
was attached to the executive summary.
COMMISSIONER COYLE: Well, you know, I've got the
executive summary right now, and I don't see a complete --
DR. DABEES: The permit plans was provided to both, to the --
prior to the TDC meeting and was provided to the county as part of
our attachments to the executive summary.
COMMISSIONER COYLE: That's what's in our packet today
(indicating), three pages.
MR. DORRILL: Yes, sir. We submitted a set of plans -- in fact,
we gave the county manager a briefing about six weeks ago, and at
that time -- and then subsequently we have sent plans. The TDC had
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June 10, 2014
those plans last week, or two weeks ago, rather, when we presented
this. If they were not included as part of your materials, they are
available. That was just an inadvertent omission. They've been out
there for about a month.
MR. OCHS: Why don't you tell the board what the dimensions
of the cross-sections are.
DR. DABEES: The cuts in the cross-sections are almost
identical to what was dredged last year in 2013, with the exception of
expanding Section C to the limit of the state permit that is available.
So the cuts and the volumes are, in Section A, or the channel or
the -- across the beach portion of the pass is about 3,000 cubic yards,
in Section B there's about 4,000 cubic yards, and in Section C there's
about 6,000 cubic yards.
The width varies through Sections B and C depending on the
available width throughout that area, but it's roughly varying between
60 feet at the constriction areas to 120 feet in wider areas. The depths
are 5 and 4 feet below an AVD, or below the navigation -- sorry --
below the surveying datum.
COMMISSIONER COYLE: You said that it's virtually identical
to the prior permit for maintenance dredging.
MR. OCHS: No. Let's be clear. It's the same as the last
dredging.
DR. DABEES: Last year, the 2013 dredging.
COMMISSIONER COYLE: Okay.
MR. OCHS: Which was done on a nationwide permit, sir.
COMMISSIONER COYLE: Yes, yes, I understand.
Now, we were told that that was going to last for a while. Longer
than six months, certainly, and longer than a year. Why don't you use
the only evidence that we have which will assure that this pass stays
open for some period of time, which was the 2007 dredging profile?
DR. DABEES: The bases for 2007 dredging are the same bases
for the 2002 dredging, are the same bases for the '99 dredging, which
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June 10, 2014
was an inlet management plan and design that we were --
COMMISSIONER COYLE: No.
DR. DABEES: -- in charge. There was some modifications
along the way, including in 2007 where additional material was
dredged, but there are no indications that the channel length or the
Section A, which is the only difference, or the main difference
between the two designs.
The width of the channel, as anyone -- any observer from Clam
Pass can see, that the channel, even in 2007 when it was dredged to
80-foot width, that soon after it was dredged, it morphed into what's
close to its equilibrium.
We did a comprehensive analysis and studies of the
hydrodynamics of the pass. The most critical parts of this pass is the
flood shoal areas.
In the '90s, they used to only dredge the entrance to the pass with
some of Section C -- sorry -- some of Section B. And the pass was
closing very shortly after.
Only after the 1999 management plan that focused on clearing
the interior waterways, that the pass remained open and required
preemptive dredging or maintenance dredging prior to the dredging
being in hydraulic stress and deficiency. And those -- that's what made
the pass stay open for 10 years.
When the pass was left without any maintenance dredging, from
2007 to 2012, with a lot of shoaling in the interior channel, with the
passage of the first Tropical Storm Debby that was not as major as the
ones that the pass survived in the past when it was regularly
maintained, there was a lot of volumes of sand that accumulated, and
the collapse of ebb shoal, which is the underwater water features that
are necessary to keep a pass open -- when those features collapsed,
that's what resulted in the conditions that changed from re-opening a
pass -- sorry -- from maintaining a functioning pass to re-opening and
resuscitating a collapsed system.
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June 10, 2014
When we dealt with the collapsed system that we've dealt with
from last year to date, it had to be done in a manner that is sensitive to
the environmental conditions that exist in this pass. Overdredging
unnecessarily is not an option that is welcomed by all stakeholders in
this area.
And the analysis of old information that is available and the
technical analysis indicated that the pass requires maturity and
formation of the ebb shoal features that was collapsed when the pass
closed to sustain and provide stability for the pass.
COMMISSIONER COYLE: I've heard enough. I still don't
believe it, okay. The only evidence we have of a pass-dredging
project is the 2007 dredging that kept it open for five years. We have
listened to your analysis, and in the past two years we've had to dredge
three times; for $500,000 or more we have spent on doing things the
way you are recommending them, and I'm not buying it, okay.
So here's my problem. We have the Pelican Bay Services
Division that has a blank check. There is no incentive for the PBSD
or you, for that matter, to come up with the most cost-effective
method of maintenance dredging for Clam Bay.
You get paid every time. And the more you get paid, the more
taxpayer money is flowing out the door.
There is no accountability here when it comes to establishing a
plan and a dredging process that will assure the most efficient use of
taxpayer money. You just keep coming back to the well to get more
and more money to do more and more things based upon assumptions
that have proven not to be correct. You can justify them any way you
want to, but the point is, the 2007 dredging lasted five years. The
dredging processes you've been recommending have not even lasted a
year; in some cases not even six months.
So I'm not going to vote in support of your proposal unless you
get a more realistic process that we -- that I can feel more comfortable
about, will last longer than six months or a year.
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June 10, 2014
MR. DORRILL: Well, in the most recent case, Commissioner, it
has lasted almost 18 months. And if you'll recall, before their job was
initially completed in 2013, January of 2013, we had a winter storm
with sustained winds at the Naples Pier of 40 miles an hour. It was a
tropical force storm, although it occurred in the winter. That's what
closed the pass before we had actually reached final completion.
So it's a little incorrect to say that it has closed three times. It
closed while we were trying to dig it out and keep it open that was tied
to a storm event.
This little system is probably the smallest natural inlet on the
entire west coast of Florida. It is very much affected and dominated by
wave action.
When he talks about the ebb shoal, which is the sandbar just
offshore, that sort of acts like a set of shoulder pads. And without an
ebb shoal and without a set of shoulder pads, it's like trying to play
tackle football without a set of shoulder pads.
And so they're very -- there are a lot in a wide variety of both the
environmental and physical aspects here, but I would take exception to
the contention that it has closed three times in the last year, which is
not correct. It has closed. It's been closed. It was closed in
Thanksgiving of 2012 when Pelican Bay was given the responsibility
for the emergency re-opening. It is about to close at some point
between now and the end of the year primarily due to the fact that
Section C was never cleaned the last time, and that's the basis for our
request today to file another round of-- a permit meeting with the
Army Corps of Engineers.
COMMISSIONER COYLE: You opened up the pass in 2012. A
very short time later it closed up.
MR. DORRILL: That's the storm event that I was referring to.
COMMISSIONER COYLE: Whatever it was, you had to do it
over again, and it cost the taxpayers more money. Now you're saying
you've got to do it again. Three times since 2012, right?
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June 10, 2014
MR. DORRILL: Yes, sir.
COMMISSIONER COYLE: Okay. Then those are the facts.
MR. DORRILL: Those are the facts. I just don't -- I don't want
you to think that somehow I have a magic wand and that I can prevent
tropical storms or other events related to the necessary aspect of
having the ebb shoal when, in fact, there was not one. We had to wait
for that to recreate itself.
COMMISSIONER COYLE: And it recreated itself, and it's sort
of readjusted, and it's closing in.
MR. DORRILL: Well, no. The ebb shoal has recreated, and it is
still functioning. The amount of material that is shown as of the most
recent aerial survey that was two weeks ago, it's not Section A that's
the problem. The problem is Section C.
COMMISSIONER COYLE: Well, I don't agree. I can see a real
problem with Section A right now. But, nevertheless, who is
accountable for making sure you get the most cost-effective solution
to maintenance dredging here? You haven't made any progress on the
10-year permitting process.
MR. DORRILL: I think we have, because we can't have the
10-year permit until we have the management plan. We spent the
better part of a year undertaking the management plan that is complete
and is scheduled to be presented to you next month.
COMMISSIONER COYLE: Well, we'll hold our judgment until
we see that --
MR. DORRILL: Yes.
COMMISSIONER COYLE: -- you know, but it shouldn't take
that long, in my opinion, to get a management plan.
I just have the feeling that you are being excessively influenced,
both from an engineering standpoint and a management standpoint, by
extremists who don't want anything to be done except what they want
to be done. And my feeling is, if they are going to be guiding this
process, then they should be paying for it. We shouldn't be writing a
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check for it.
MR. DORRILL: I don't disagree with that. I just want you to
appreciate that I sat in this room for almost 20 years in Mr. Klatzkow's
chair, and I'm not easily influenced or taken advantage of by anybody,
whether it's environmentalists or other competing staff interests or
good politics. And I basically told the same thing to the mayor last
week.
I have the highest respect for the mayor, but we don't get up
every day and go to work and waste the taxpayers' money, and we are
interested in what's in the best interest of the taxpayer at the end of the
day.
COMMISSIONER COYLE: Well, I'd like to see something
slightly different than what we're getting from an engineering
standpoint, because it doesn't give me a great deal of satisfaction.
MR. DORRILL: I understand.
CHAIRMAN HENNING: I have a question. It's my
understanding it's the policy to use tourist tax dollars for dredging is --
it can be done as long as the material's put on the public beach.
Jeff? County Manager?
MR. KLATZKOW: I'm not sure there's that necessary nexus.
That's where the -- that's where it's done.
CHAIRMAN HENNING: Pardon me?
MR. KLATZKOW: I'm not sure that's the necessary nexus, but
that's where you put the sand.
CHAIRMAN HENNING: On the public's beach.
MR. KLATZKOW: You put it on both sides of the beach.
That's where the sand -- my understanding is that's where the sand
came from. You're putting it back where the sand --
CHAIRMAN HENNING: Well, yeah, but to use TDC dollars,
and I'm just looking for a clarification on that.
MR. OCHS: Yeah, Commissioner, I think this board's
long-standing policy is that if you place sand on private beaches that's
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paid for with public funds, that you seek reimbursement from the
private property owner for that cost of that sand. And I believe -- you
know, I've spoken with Mr. Dorrill about that. I think he could
probably tell you a little bit about his discussions with the Pelican Bay
Foundation in that regard.
MR. DORRILL: That was done in 2013. The master
homeowners' association at Pelican Bay paid for the sand that was
placed on the residents' beach. They are prepared to do that again. In
the event that they're not, then that sand will either be left in the pass
or it will be placed in other areas outside of the private property.
Now, we've submitted the same set of plans that I need to get to
Mr. Coyle and all of you to the Foundation, and they've retained a
separate coastal engineer who's evaluating those as we speak.
CHAIRMAN HENNING: Shouldn't that be in the case of all
costs of-- associated with the dredge?
MR. OCHS: Yes, sir.
CHAIRMAN HENNING: Okay. So this should be a cost-share
-- this request should actually be a cost-share with Pelican Bay
Foundation and the county using tourist tax?
MR. DORRILL: It was not the last time. They did pay for the
construction phase on a fair-share contribution base. It's a little
awkward only because in this particular instance, we do need to get rid
of that sand, and we do need to be able to put sand within the private
beach area subject to their reimbursing you for it.
The design and permitting of an inlet that is public property
within a public sort of right-of-way, I think I can make a better
argument that that's a public responsibility to design and permit it.
The benefit of where the sand ultimately goes, historically, has been
shared between public and private property owners.
CHAIRMAN HENNING: Well, where would it go if the
Foundation says, no, we're not going to pay for it? Where would the
sand go?
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June 10, 2014
MR. DORRILL: The sand would be left in the pass in the most
eastern end of Section C. The red areas that are shown on this last
aerial here, those are the areas that we're eligible to fill.
You may recall, originally, the Army Corps of Engineers
encouraged us to apply for and receive a nationwide environmental
enhancement permit, a Permit No. 27. That would have allowed us to
put the sand seaward of the red line on the map there.
What we were ultimately given was a Nationwide 31, which is a
short-form permit for inlet maintenance, but it requires you to place
the sand only on the upland beach. So there's no beach renourishment
that can occur.
Ultimately, we would hope that the 10-year Army Corps of
Engineers maintenance dredging permit would allow us to put sand on
both the wet beach and the dry beach.
We're somewhat constrained now by the fact that the biological
opinion that is tied to our separate state DEP permit limits our ability
to put sand. That's why I said, in the last time around, and this time
around, we very quickly run out of places to put this sand, although it
is very desirable, and it's all beach compatible, with the exception of
100 cubic yards that is currently estimated to be non-beach compatible
that would need to be hauled off site and disposed of separately.
CHAIRMAN HENNING: Okay. Troy, do we have public
speakers?
MR. MILLER: Yes, sir. We have three public speakers. Your
first speaker is Garrett FX Beyrent, and he will be followed by Dr.
Joseph Doyle.
MR. BEYRENT: For the record, I'm Garrett FX Beyrent. I'm a
lobbyist with a Longbow Lobby. Today I'm here representing my five
grandchildren and my son and my daughter, all of whom own property
in the Seagate subdivision.
Thirty some-odd years ago I sued the county, the Can-American
Seagate Corporation, which is now the Waldorf Asteria Hotel. I sued
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June 10, 2014
the Pelican Bay Association, the Westinghouse Corporation, the
Department of Environmental Regulation, the Army Corps of
Engineers, and I forget the last one. I really do. I can't remember that
one.
But I sued them because I was demanding I had riparian rights
and boating rights in the south side of Clam Bay, and the boating
rights extended out to Clam Pass.
And a little history on Clam Pass. Clam Pass was opened
originally by John Pulling and Cox and Benson. They were the
developers of Seagate in 1955. And that pass continually,
periodically, closed up. There was no Pelican Bay.
I battled with five different entities for about a year. And Burt
Saunders was the county attorney at the time. Neil Dorrill, I believe,
was the county manager.
And the long and short of it was I reached a settlement agreement
whereby the county would agree to a plan I had for access out to the
beach. That's another half-an-hour story, so I'll cut it short.
But, essentially, I dropped the ball when it came to Clam Pass
specifically. I didn't make any stipulations for the maintenance of the
pass itself. I was more interested in the boating rights to the pass and
assumed that the pass would open and close at will.
The long and short of it is, for some odd reason, and I don't know
why, Clam Pass has always been treated differently than Doctors Pass,
Gordon Pass, and Wiggins Pass. They all have jetties and breakers
out there, and they don't silt in, to the best of my knowledge, ever.
But what I've got here on the floor is the file from 1986 till last
week -- actually till this morning, and I'd like to read into the record
because we're going to be involved in a long battle, because one way
or another we're going to figure out how to keep the pass open.
And I lived in Seagate for 10 years, and I moved to Pelican Bay,
and I learned a lot about Pelican Bay. They really don't want the pass
open. They prefer the pass to be closed because they don't really want
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June 10, 2014
their quiet enjoyment of the bay area disturbed by boaters of any kind,
even kayakers. That sounds crazy, but it's the truth.
And I think we ought to look a little bit deeper into resolving this
issue so we don't have to dredge it every three or four months. This is
getting ridiculous. A lot of money's being wasted. And I think it can
be resolved.
And this morphing nonsense --
CHAIRMAN HENNING: Your time has expired.
MR. BEYRENT: -- that's not even an engineering term.
MR. MILLER: Your next speaker is Dr. Joseph Doyle, and he'll
be followed by Bob Krasowski.
DR. DOYLE: Good morning, Commissioners. Dr. Joseph
Doyle, Pelican Bay. I'm here on behalf of my mother, who is a
resident of Pelican Bay.
And we are in support of this -- the need for an application and to
do preventative maintenance on the pass.
In regard to -- in response to the previous speaker, I will say that
we do want that open because of the health of the mangroves. We're
interested in the mangroves. It has to be kept open.
The problem with them is they want 80 foot so they can get their
powerboats. We only want kayaks to go through. Okay.
Regarding the money, I looked at the -- you know, the $34,000
for the permit and $350,000 for the dredging, et cetera. What's not in
the executive summary, which I do believe needs to be added, is the
fact that the Pelican Bay Services Division graciously accepted the
oversight in December of 2012.
And, Commissioner Hiller, you'll remember you promised us that
we would not bear the administrative costs for that oversight. And
that would be Mr. Dorrill's salary as well as some of the office staff
time.
So that either comes from where coastal advisory committee was
getting their money, or wherever it's supposed to come to through, but
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it should not be assessed to the residents of Pelican Bay.
COMMISSIONER HILLER: And I think -- if I may answer, I
believe, that there was -- I think you're correct. And I think there was
an allocation of transfer of funds for whatever cost was being borne on
the coastal zone side over to PBSD, and that was what the ultimate
agreement was.
DR. DOYLE: Well, I'd like to make sure that that actually -- I
don't know if we have to have the clerk go through and make sure that
those transfers were taken care of in 2013. But also, when you do the
budget workshop in June --
COMMISSIONER HILLER: Leo, can you make sure that
information is provided?
MR. DORRILL: You'll see a request from the countywide
unincorporated area fund that is currently being evaluated by the
county manager and his budget director -- and it has increased by
about $100,000 in terms of the transfer for the administrative and the
other programmatic costs. They haven't seen that budget yet, but
they'll be work-shopping it within the next 30 days, I would think.
DR. DOYLE: Good. I appreciate that. The other thing is, I do
agree with Commissioner Coyle, I mean, we don't want to be
reopening this every couple of months or every whatever. And maybe
you do need to get a second opinion, an engineering opinion.
But to Commissioner Henning, I would like to point out that as
far as tourists tax dollars go, you know, the Waldorf Astoria and the
Ritz-Carlton and even the Inn at Pelican Bay have some of the highest
room rates, especially during season. They collect plenty of tax, and
that PUD brings in a lot of tax into the TDC.
And, in fact, when we had the problem in January of 2013, we
actually had tourists with the little kids with their little sand shovels
trying to help open the pass, you know, until, of course, the crews got
there. So it is used for tourist purposes.
CHAIRMAN HENNING: I was there.
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June 10, 2014
DR. DOYLE: Okay, thank you.
CHAIRMAN HENNING: But my only comment was the private
beach, so --
DR. DOYLE: Well -- but this is a public -- the Clam Pass is a
public responsibility.
CHAIRMAN HENNING: I understand that, but where the sand
is -- part of the sand is going is a public -- or a private beach.
DR. DOYLE: Right. And Pelican Bay has paid for the
placement on those areas when it's needed.
CHAIRMAN HENNING: I think it was well clarified. Thank
you.
MR. MILLER: Your final public speaker on this item is Bob
Krasowski.
MR. KRASOWSKI: Good morning, Commissioners. For the
record, my name is Bob Krasowski. I'm here to speak about my
concerns with scheduling.
I attended both the Tourist Development Council and Pelican
Bay Services Division and heard Mr. Dorrill's presentation to the
TDC, and he is the manager for the service division.
And at the TDC, when I asked about the scheduling, he
mentioned that there was a good chance that this event might occur
before the end of turtle nesting season in October, maybe, and -- but at
the Pelican Bay Services Division, the people on that board were of
the understanding that most likely it wouldn't, that it would occur after
November 1st. So I'm here to ask you to assure that this will not occur
in turtle nesting season.
As Mr. Dorrill cited, or was just stated, Section C has quite a bit
of a muck material or clay, and in the last opening of the pass, some of
that clay was deposited on the public beach. I walked down there and
I saw it. It wasn't a whole lot, but it was enough to make it a mess.
And so now they want to go further back than Section C and take
some of this muck to open up -- open that area up.
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June 10, 2014
Now, if such muck, as Mr. Dorrill said, was expected to occur, it
would require 10 dump-truck loads, and they'd be running those dump
trucks up the beach along Pelican Bay. And if this is done in turtle
nesting season -- we've had problems before with the trucks coming
too close to the nests -- actually the Florida Wildlife Conservation
Commission has a recommended method of doing these things, and
the trucks are supposed to stay as close to the gulf as possible where
the sand is more compact and you're less likely to leave ruts. If you're
up closer, higher on the beach, then you get the deeper ruts, and it's a
problem.
The last time the county people and their assigns did not rake the
beach every night afterwards, but that's another issue which is still
open.
So what I would ask for is that you don't allow this to occur
during turtle nesting season.
And the placement of the sand, you can see up here, it's right
along where turtles would put their nests and stuff. And I know under
certain permits, you're allowed to move the turtles, you're allowed to
do -- but that's disrupting the turtles. It's totally unnecessary.
I would also suggest -- I think it's a good idea -- that you look
into the possibilities of issuing an RFP to get a small operator locally
to maintain the pass in Section A when necessary, maybe frequently,
because nature's going to do what it's going to do.
But for the -- to hold off on the bigger projects, certainly, the
Section C, until after turtle nesting season -- and then if you could,
you know, get some experience with the smaller project on the pass,
do that, you know, and just at least investigate that.
So one simple thing, stay out of turtle nesting season.
MR. MILLER: Mr. Chairman, I do have one additional speaker
-- had submitted it in the wrong pile. It's Niurka Lopez.
MS. LOPEZ: Good morning. My name is Niurka Lopez. No
disrespect to anyone here; I've never spoken here before.
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June 10, 2014
I love what you have to say, and all I can say is, please, to look
into you guys' hearts. You can see that nature is taking what belongs
to nature.
The mangroves are protected. Think about how much money
since the beginning of everybody's hard work and sweat has been put
into opening what nature is clearly trying to take back. I'm not a
biologist -- my daughter is -- but you can clearly see that it's
eventually going to close.
I say please look into your hearts, make the right decision; don't
let this happen. Let nature do what it's supposed to do. Naples is a
beautiful community. They have other places to -- that people can use
the water, and just let -- mangroves are protected. And I hope that you
make that decision, because it's for the future of everybody, your
children, your grandchildren, and their children. Thank you.
COMMISSIONER HILLER: Can I just comment on what you
just said?
MS. LOPEZ: Yes.
COMMISSIONER HILLER: My understanding is you would
like to see it go back to nature; in other words, let it close?
MS. LOPEZ: I'm not -- like I said, I'm not a biologist --
COMMISSIONER HILLER: Right --
MS. LOPEZ: -- but, yes, I would.
COMMISSIONER HILLER: -- no, I know, but that's --
Commissioner Coyle is saying the exact opposite. What he wants is to
dredge it deeper and more, not -- he's not in agreement with you. He's
on the opposite side of you.
MS. LOPEZ: Oh, then I misunderstood him.
COMMISSIONER HILLER: Yeah. I only wanted to clarify
that. Because since you said you liked what he said, I was a little
concerned, because he's saying exactly the opposite.
MS. LOPEZ: Oh, okay. I apologize. Thank you. But, yeah, I
just --
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June 10, 2014
COMMISSIONER HILLER: No, that's fine, but thank you for
your comments.
MS. LOPEZ: Thank you very much.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: Commissioner Nance?
MR. DORRILL: In conclusion, the staff recommendation is for
you to authorize me to complete and submit the Army Corps of
Engineers' nationwide application, the associated budget amendment,
and design, the costs not to exceed $34,500.
COMMISSIONER HILLER: Motion to approve. And I'd like to
make a comment with that motion, please, if I may.
COMMISSIONER FIALA: And you what -- I'm sorry. I didn't
hear what you --
COMMISSIONER HILLER: I wanted to make a comment with
that motion.
CHAIRMAN HENNING: Okay. There's a motion to approve
by Commissioner Hiller. Is there a second to the motion?
(No response.)
CHAIRMAN HENNING: I'll second it for discussion purposes.
Commissioner Nance?
COMMISSIONER NANCE: Yes.
CHAIRMAN HENNING: Then Commissioner Hiller, and then
Commissioner Coyle.
COMMISSIONER NANCE: Yes. I think it's essential. You
know, we've vested the authority to do this in the Pelican Bay Services
Division, and I think the most important thing that we need to do is we
need to get this 10-year permit so that we can start doing something
and coming up with a system that's, long term, going to solve this
problem.
The problem is, unfortunately, like many of the other things in
Collier County, the influence of man no longer allows our
environment to always function naturally the way we would prefer.
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June 10, 2014
And it's very interesting, the observation of the young lady that just
spoke.
You know, barrier islands change at will along our coast, and
they always have. But when man changes things, we can no longer
expect that natural situation to continue.
Obviously, this is going to be -- the flow on Clam Pass is very
anemic. It is simply not able to compete with normal tidal action, and
it's not able to compete with storms any longer for whatever reason,
and that is -- we can debate that. It's not really germane at this
moment.
So we're going to have to have a long-term plan that is going to
be able to keep this open so that we don't spend $350,000 every year,
year-and-a-half, to keep it open.
So I think the only thing we can do is go ahead and -- you know,
I support the recommendation to go ahead and prepare to do what we
need to do, but we need to get this 10-year permit in place. And then,
in order to figure out what is going to work, we're going to have to at
least do the same thing twice. Every time we go in and maintain it, we
do a little bit of this, a little bit of that, and then we say we're not
getting results. But I don't think that gives you any predictability,
because different things have been tried over different periods of time
and different times of the year and so on and so forth.
So, you know, I believe that engineering will ultimately take us
to where we need to go. We may need some Army Corps input at
some point if this needs to be done on an annual basis, because I don't
think even they want to see that occurring.
So, you know, I'm going to support the agenda item, but we need
to work on a longer-term plan so we can resolve some of it, certainly.
CHAIRMAN HENNING: Commissioner Hiller, then
Commissioner Coyle, then Commissioner Fiala.
COMMISSIONER HILLER: And I agree. And that was the
condition I wanted to put on my motion, and that is we do need to get
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June 10, 2014
that plan before the board, and that plan does have to come up with
solutions that are cost effective and will reasonably solve this issue.
We understand that it's a very sensitive pass. We understand that
if there are storms, because of the fragility of the pass, that there will
be impacts that are unforeseeable and we cannot predict, you know,
what kind of storms could hit, and we also understand that there are
possibly other ways to get this done, which is why I've asked staff to
go back and find out about whether we could have our own dredge so
we don't have to expend to outside contractors, that we could do it
in-house to see if a pump would make sense, and that we don't forget
that the reason we are dredging is because this is a NRPA, a natural
resource protection area, as you properly pointed out, and that it is to
maintain adequate flushing for the health of the mangroves because, as
you know, this is the singlemost successful mangrove restoration
project in the state and that all these mangroves were dying before this
pass was open to allow for adequate flushing. So we do have to be
very sensitive to the environmental impacts.
The Army Corps has looked at it. When we went for that
emergency permit last time, I actually met with the head of the Army
Corps up in Fort Myers and spoke to him. And I will tell you that
they will limit how much we can dredge because they are acutely
sensitive to the environmental issues. I mean, they're not going to -- in
fact, they -- didn't they -- they limited us the last time and precluded
us from dredging C, which is why it was not done. It wasn't by
choice. It was that the Army Corps said, no, you won't do it. We
won't allow it. It was a limited permit.
And then the last thing is we should be sensitive to turtle nesting
and we should avoid doing it in turtle nesting as much as possible
because, you know, there's no reason to do it in turtle nesting if we can
do it outside of turtle nesting.
So those are my comments. And I do look forward to -- are you
going to bring back the plan at the same time you bring back the
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June 10, 2014
information on a dredge and a pump, or when is the -- when is that
plan coming back?
MR. DORRILL: We're scheduled to present the final
management plan to our board later. I believe it's this month at a
special meeting, and then we would hope to see you at either your first
or last meeting in July. I can't recall what your schedule is.
MR. OCHS: Well, there's only one meeting --
COMMISSIONER HILLER: We have only one meeting, July
9th.
MR. OCHS: That's July 8th, so --
COMMISSIONER HILLER: So if you can please bring that
information with either a dredge or pump concurrent with the plan and
make sure that the information is included in that plan analysis as an
option for getting this done --
MR. DORRILL: And we will share with you the plan well in
advance because, as I said, it's substantially complete at this point.
We're still receiving public comment.
COMMISSIONER HILLER: Okay. And public comment is
important. That is one thing we stressed when we directed that this
plan be put together.
CHAIRMAN HENNING: Commissioner Coyle, then
Commissioner Fiala.
COMMISSIONER COYLE: Okay. It seems to me that we're
authorizing you to prepare, sign, and submit a nationwide permit for
the maintenance dredging of Clam Pass without us knowing what the
dimensions actually are.
Now, you say that you prepared them, but they're not included in
our packet. So right now, unless some of the commissioners have
received independent information, none of us know what the
dimensions of that dredging cut really are.
COMMISSIONER HILLER: Could you please bring that
information forward and put it on the record. I mean, if this was
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June 10, 2014
provided to staff-- Neil, you provided it to our staff?
MR. DORRILL: We provided it in advance so that it would be
part of the TDC package, and that's why I said if it wasn't --
COMMISSIONER HILLER: Well, let's go ahead and pull it up.
It's online. The backup to the TDC package is online. Let's pull it up
right now.
COMMISSIONER COYLE: If it's not in the Board of County
Commissioners' packet, it is not on the record, okay.
COMMISSIONER HILLER: We can pull it up right now.
COMMISSIONER COYLE: And it was supposed to be
provided to the Board of County Commissioners before this meeting.
Now, the problem we have here is exactly the problem I feared
when we turned over this responsibility to the Pelican Bay Services
Division. It is a unique arrangement where a homeowners' association
or organization is managing a resource that is a Collier County
responsibility. And it benefits the people of Collier County, but it's
being managed to benefit one homeowner organization, and there's no
accountability for the funds.
The homeowner organization is not contributing anything to do
this. It's all coming from taxes, tourist taxes.
MR. DORRILL: Well, if I could, the Pelican Bay Services
Division is an extension of the executive office of the county manager.
Pelican Bay Homeowners' Association is not, in any way, involved in
this -- in the management of the project. And the single largest owner
of property within the beach area here is the Board of County
Commissioners, both north and south of the pass.
COMMISSIONER COYLE: Who's on your board? Are any
members of the Board of County Commissioners on your board?
MR. DORRILL: No, sir. They're an advisory board to you.
COMMISSIONER COYLE: Yes, that's right.
MR. DORRILL: They don't have any power other than advisory.
COMMISSIONER COYLE: And you are proposing a plan for
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June 10, 2014
which you have not prepared and submitted the necessary details.
And this board is going to authorize you to have that money, okay.
And even if you have to come back and do it all over again next year,
you'll get the money again and again and again and again.
That's not the way this thing works. That's not the way it should
work, but it's the way it's been set up by the majority of this board.
And it's going to be a very big problem not only for some
members of the board but also for you, because one day somebody's
going to wake up and say, we need to hold people accountable, and
apparently it is not today.
I will vote against your request because I don't think you should
submit a request for a permit unless you provide us all of the
information necessary for us to make a judgment of our own as to
whether or not it's a reasonable plan. And from what you've told me
today, I know I would disagree with it anyway.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Way back when these
mangroves started dying off and they continued to die off, and the
die-off got larger and larger and larger, and they knew they had to do
something. And the Pelican Bay people, as well as the county, worked
together to find a solution, which was this.
And it was dredged to keep that open, and it did. It brought back
life to these mangroves that had -- were dying off.
And I think the focus has changed a little bit, and that's the thing
that bothers me. Right now it's trying to keep people off the water and
not let anybody use the water, instead of what the purpose is is to keep
these things flushed and healthy.
And I believe that sometimes you've given direction -- you're
given direction to dredge but with the understanding possibly that no
boats are on there, and that's not helping the original purpose, which is
to stop the die-off. And that's my concern.
I would hope that if they -- if they got their -- you know, if they
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June 10, 2014
go about getting their permit -- and I believe that they need a permit. I
would hope that they would look at it for its real purpose, for the
benefit of the mangroves, to keep that area flushed and open and not
to block somebody from using the water.
CHAIRMAN HENNING: I don't recall anybody saying that
except for a public speaker, but be that as it may.
Commissioner Hiller?
COMMISSIONER HILLER: Yes. It clearly is not -- the pass is
not being dredged for navigation or non-navigation. It has nothing to
do with navigation. It has 100 percent to do with preserving the
restoration of the mangroves to ensure that there is adequate flushing
that we don't see another die-off, and that is why the extent of the
dredge is continuously as little as possible so that we don't disturb the
ecosystem and go to what that nice lady was trying to say and that is,
you know, approximate nature as much as possible without killing off
this very environmentally sensitive area.
So, Commissioner Fiala, you are right; it is not about boating,
and it should not be about boating for or against. It's 100 percent to
ensure that there is adequate flushing for the ongoing health of the
mangroves, and I agree with you. So, yeah.
And as far as the PBSD, the PBSD is an arm of Collier County
Government. We are ultimately the responsible and accountable
board. So you were correct in your answer to Commissioner Coyle's
incorrect statement about what the PBSD is. It is not anything to do
with the Pelican Bay Foundation or property owners' association. It is
an advisory board to the Board of County Commissioners and an arm
of Collier County Government.
And, Leo, please, if you can ensure next time when the agenda is
published -- I mean, I know where the material is, but if-- you know,
Commissioner Coyle is absolutely right that material should have been
included in this backup, notwithstanding that it was already provided
to the county as a whole through PBSD and TDC.
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June 10, 2014
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: I think it's very important that that
information also be included for any permit. It doesn't matter what the
permit is.
MR. OCHS: Right.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes, and I would just hope that as
you move forward -- and I will vote for you to get this permit -- I hope
you take into consideration what has worked for all these years, what
actually was the solution to bringing these mangroves back to life, and
compare it with what hasn't worked recently, because that's our
purpose, to bring this back to life.
It's a great breeding ground for all the fish and so forth. It's for
the birds. It's for all of nature. And it shouldn't be for people -- by
fighting people. Thank you.
DR. DABEES: When you see the Inlet Management Plan, you'll
see that we have looked at all the past successes and the challenges of
the system, and we came up with a criteria that tries to manage the
system for environmental sensitive areas as well as the stability of the
pass.
CHAIRMAN HENNING: Any more discussion on the motion?
(No response.)
CHAIRMAN HENNING: Seeing none, 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.
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Motion carries 4-1; Commissioner
Coyle dissenting.
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June 10, 2014
MR. DORRILL: Thank you. We'll look to be back in a month.
I apologize for the length of time.
As I leave, I would like to recognize Commissioner Ray Judah
who served as Lee County commissioner longer than anybody in
history and was very supportive of me and the board all the years that
I was here. Thank you.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: Thank you.
We're going to take a 10-minute break for Commissioner Hiller
and --
COMMISSIONER HILLER: I've just been --just working
nonstop.
CHAIRMAN HENNING: -- the court reporter. We'll be back at
11 o'clock.
(A brief recess was had.)
CHAIRMAN HENNING: Let's put our seat belts on and
continue the meeting. I believe the next item is -- what is that? 11D?
COMMISSIONER FIALA: C.
CHAIRMAN HENNING: C? I see.
Item #11C
THE WATER, WASTEWATER, IRRIGATION QUALITY
WATER AND BULK POTABLE WATER RATE STUDY AND
DIRECT THE COUNTY MANAGER OR DESIGNEE TO
PREPARE A RATE RESOLUTION TO BRING BACK TO THE
COLLIER COUNTY BOARD OF COMMISSIONERS FOR
APPROVAL TO ADVERTISE - MOTION TO APPROVE WITH
THE BOARD'S RECOMMENDATIONS — APPROVED
MR. OCHS: Yes, sir. You're on Item 11C. It's a
recommendation to approve the water, wastewater, irrigation, quality
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June 10, 2014
water, and bulk bolt potable water rate study and direct the county
manager to prepare a rate resolution to bring back to the board for
approval to advertise.
Mr. Yilmaz, your Public Utilities Administrator, will present.
MR. YILMAZ: Commissioners, for the record, George Yilmaz,
Public Utilities Administrator.
Commissioners, as you know, we have not increased our
water/sewer rates for four years for all good reasons.
What we are doing today is simply catching up with
compounding Consumer Price Index, CPI, that should have been
adjusted over the years due to the fact that the business we're running
is an enterprise business.
Now I will turn our presentation to our Financial Operations
Director, Joe Bellone, who has about five to six slides' presentation to
the point, and also we have our rate-study consultant who has all the
information they have done not only in Collier County, but a number
of large, small, and regional utility rate studies and expert in the field
also available to make a presentation if the board desires or ready for
Q and As.
With that, I'm going to request our Financial Director, Joe
Bellone, to make a brief presentation to you. Thank you.
Joe?
MR. BELLONE: Thank you, George.
Good morning, Commissioners. I do have a very brief
introductory presentation to you this morning to introduce the rate
study that Public Resources Management Group prepared.
And as Dr. Yilmaz indicated in his opening remarks, the
recommended rate adjustment, which will become effective October
1, 2014, is an effort to catch up on the impact that inflation has had on
the utility since the last rate study.
Today staff is requesting the board to accept the
recommendations from PRMG. Generally, as you may know, user
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June 10, 2014
rates for the water/sewer district provide the revenue stream in the
coming years necessary to operate the utility, made its existing
debt-service obligations, and maintain and rehabilitate the utility
infrastructure in compliance with both federal and state regulations.
We've got some good news. The very favorable debt ratings that
the water/sewer district has received from Fitch has enabled the utility
to borrow in the past at very favorable rates, and maintaining that
good rating is key to the future, and no new debt in our plan is
anticipated in the five-year horizon that this rate study covers.
I just wanted to read one statement that the Fitch issued last week
when they raised the debt rating to Triple A. The system's debt levels
are expected to continue to decline, and metrics should steadily
improve. The utility plans to fund a five-year capital plan that is
entirely dedicated to the renewal, replacement, and longevity of the
system's infrastructure. Again, a key element in their increase in the
ratings.
The utility system continues to grow and has experienced, as you
can well imagine, a much faster growth pace -- growth rate in the
current fiscal year than in the last few. Our asset utility base is about
$1 .2 billion according to the CAFR as of September 30, 2013. It's got
an annual depreciation of about $40 million a year, meaning about $40
million a year worth of those assets have reached the end of their
useful life.
Commissioners, as George indicated, there have been no rate
adjustments since October 1 of 2010. For your information, the period
from January 1st, 2011, to December 31st of 2011, the consumer price
index, all urban, was 3.2 percent; in the following 12 months from
January 1st of 2012 to the end of the year was 2.1 percent; and in
Calendar Year 2013, it was 1.5 percent, and the congressional budget
office is estimating something north of 2 percent. In fact, the last 12
months' CPI was exactly 2 percent. We're estimating 2.1 percent for
2015. So over the last four years, the average inflation rate has been
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June 10, 2014
about 2.2 percent.
In those years when we did not have any rate adjustments -- and
that would have been for Fiscal Year '12, '13, and '14, and then again
in 2015 if we apply 2.2 percent, we would get to exactly the same
place we are with a one-time rate adjustment that we're asking you to
approve of 9 percent.
For your information, many utilities do apply indexing
adjustments annually. They are many of our neighboring utilities, like
the City of Naples, Marco Island Utilities, and Charlotte County.
COMMISSIONER HILLER: Can you just go back to that. I just
want to --
MR. BELLONE: Sure.
COMMISSIONER HILLER: -- comment. So if we're looking at
the average, we're looking at a 2.2 percent adjustment on the rates for
water and a 2.2 percent adjustment for wastewater.
MR. BELLONE: Yes, ma'am. That's why we're applying the 9
percent adjustment across the board for both water and wastewater.
COMMISSIONER HILLER: But the average rate --
MR. BELLONE: Would have been 2 percent.
COMMISSIONER HILLER: -- is 2 percent.
MR. BELLONE: Two point two percent annually, yes, ma'am.
CHAIRMAN HENNING: Okay. Please continue.
COMMISSIONER COYLE: That is compounded, I presume.
MR. BELLONE: That's compounded.
MR. OCHS: Yes.
MR. BELLONE: The average typical Collier County
Water/Sewer District utility customer uses about 6,000 gallons of
water per billing cycle, that's per month, and currently pays $83.05 for
their potable water and sewer utility bill.
Operating and construction costs have increased during that time.
Debt rating agencies, such as Fitch and Moody's include in their
criteria affordability of rates. So with this rate adjustment, the average
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June 10, 2014
utility bill for a customer in the district using 6,000 gallons of water
would increase to $90.53 a month. That's a rise of$7.48 a month, and
that still is approximately 4 percent below the surveyed Florida
average of 93.96.
So, Commissioners, with your approval, I'll conclude my
presentation. We do have Rob Ory (phonetic), who's the president of
PRMG, and Brian Nance (phonetic). They're here today to present
their findings and recommendations or answer any questions that you
might have of either them or myself.
CHAIRMAN HENNING: Thank you.
Commissioner Fiala, Commissioner Nance.
COMMISSIONER FIALA: Thank you. I think Commissioner
Nance was first, but --
CHAIRMAN HENNING: Oh. Maybe --
COMMISSIONER FIALA: However or was I -- oh, I was first,
yeah. You're right. You've got it all straight. I ought to listen to you.
Anyway, first of all, I want to say that we all -- oh, no. I'm going
to speak for myself. I'm very proud of what our water department has
done and our wastewater department.
When we were voted to have the best tasting water in the entire
State of Florida -- and weren't we fourth in the nation? That was
something to be very proud of, and I think that's because you've
continued to do the best job that anybody could ever ask you to do.
And, of course, that takes a little money to do. You've had to be
really careful the last few years because of the funding, so I certainly
see that an increase is needed to just get us back up to where we
should be; however, I want to make sure everybody knows that over
the next three years we're going to have a 19 percent increase in our
water bills, and so you have to know that, but then again we have the
best water around. And I want to tell you, some people don't have the
luxury of having great water and good facilities.
The only problem I have with this whole thing is right here on --
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where it gives the chart of everything, below it it says it is also
recommended that a price indexing clause in the rate ordinance or
resolution be adopted to enable the utility to automatically adjust
monthly rates for water, wastewater, and IQ service without a formal
hearing or analysis or inflationary effects on the cost of operations. It
makes me a little bit nervous.
MR. BELLONE: And, Commissioner, we would include that in
the resolution, the rate resolution. Of course, we do a full-blown rate
study once every three years, so this rate study that we're asking you
to approve includes those rates, as you mentioned, for three years.
In the absence of an official rate study, we would ask that you
allow us to do indexing according to CPI to maintain our -- with
inflation; however, by that time you can certainly ask us, and we
certainly would bring to you an updated rate study.
COMMISSIONER FIALA: Well, you know, I'm speaking as
one Collier County Commissioner; that's only me. But if you're going
to be raising rates, I would want to know about it, because we're
responsible to our constituents to tell them what's going on, and if
somebody says our water rates were raised and I never even got
notification, and we didn't either, it's a pretty embarrassing situation
when we don't even have any control over the rates. So I'm just going
to put that on the record.
Thank you.
MR. BELLONE: And, Commissioner, I do want to let you know
that with the first utility bill -- I'm sorry. The last utility bill of the
prior fiscal year, we do include a flyer in all of our utility bills talking
about the rates. Even when they're flat, we leave them. And we talk
about water conservation in those flyers, and we do talk about how
you calculate your bill.
So we do give that information to our customers as a courtesy.
As a customer of the water/sewer district, I like that courtesy as well. I
understand -- I understand your point.
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CHAIRMAN HENNING: Commissioner Nance, then
Commissioner Coyle.
COMMISSIONER NANCE: Yes. Joe, I noticed in your brief
presentation here you didn't include one of your pie charts that kind of
showed where our capital infrastructure was on replacement. There it
is right there.
MR. BELLONE: Thank you, Commissioner.
COMMISSIONER NANCE: This is what gives me a little bit of
concern. I'm concerned that we're not catching up enough, actually.
And I just want to make sure -- everybody needs to take a good look at
this. And, you know, it's not that I'm particularly worried about -- you
know, I realize that we have superior service. We're offering a lot
more utility services than a lot of counties.
So when you say our rates are below average, that automatically
just throws up a little red flag to me. And I want to make sure that
we're gaining on these red and yellow areas. You know, we've got --
less than a third of our system is in the green, and as we go forward
over time, you know, increasing amounts of that move
correspondingly from yellow to red and green to yellow, and so on
and so forth.
So I want to make sure that everybody's comfortable with this,
because I don't -- you know, this is enterprise funding. This is funding
based on the services that people get. They simply have to pay a
reasonable cost.
And assuming we've got good management, I want to make sure
that, you know, we're catching up adequately over increases that we
have not had over the three years. It's great that we kept cost increases
at the minimum, but I just want to make sure that we're not sacrificing
our system slowly in order to maintain rates that really aren't realistic.
So I just wanted you to comment on that.
MR. BELLONE: Thank you, Commissioner.
As you know, we do a risk-based assessment. You saw a lot of
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these -- a lot of this information in your asset-management workshop.
And with your direction, we are pursuing asset management, which
would give us a much -- a sharper image as we go forward.
We are -- we are addressing the worst first, as we discussed. The
AC pipe in Naples Park, the force main problems that we may have.
So we are doing a risk-based assessment, and we're trying to do those
worst first. And I think our operators for our water and wastewater
departments, along with our engineering group, are getting at that
worst first.
And you should know that this was -- this user rate study was
prepared in coordination with our master plan. And so what you're
seeing there are those that we would like to address, at least in 2015,
and move those forward as a start -- as a start to our Capital
Improvement Plan --
COMMISSIONER NANCE: Yes.
MR. BELLONE: -- to rehabilitate our infrastructure.
COMMISSIONER NANCE: Well, I am -- you know, once
again, I am concerned that 42 percent of our infrastructure is in the
red, and I would actually like to start making some in-roads on that as
we can.
I would support an inflation adjusted rate contingent upon a full
study every three years just to make sure that you don't -- we don't
always have to catch up, catch up, catch up.
You know, everybody ought to realize that these costs are going
to go up, and we -- obviously, because of this pie chart, it's a very
simple depiction, that we have a lot of work yet to be done.
Thank you.
MR. BELLONE: Understood, Commissioner. Thank you.
CHAIRMAN HENNING: Yeah. My understanding, from the
stuff in the red, it's not a one-year behind, but it's a projection of
several years that need to be addressed.
MR. BELLONE: Commissioner --
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June 10, 2014
CHAIRMAN HENNING: It's not something that we have done
in the past with other maintenance of the board's assets, such as
vehicles and buildings, air-conditionings, things of that nature.
But, anyways, after Commissioner Coyle I have a question.
COMMISSIONER COYLE: Okay. Concerning your request to
apply consumer price index, inflation, to the pricing process and
Commissioner Fiala's concern about board approval -- and I
understand that concern -- would it not be sufficient for your purposes
to adopt a policy -- ask the board for approval to adopt a policy, that
rather than going through a time-consuming and perhaps expensive
rate study every year, that for budgeting purposes you propose an
index equal to the CPI, and then that will be reviewed by the board
and approved at the time of the budgeting process. And if the board
wishes to exercise any discretion concerning that, they can do that.
Would that not meet your requirements more effectively?
MR. BELLONE: Commissioner, to answer your question,
absolutely, that would meet our requirements. We do that well in
advance of our budget planning cycle, and that would certainly meet
our needs, and we can work with the county manager and his office of
management and budget to do exactly that, and include something in
the policy --
COMMISSIONER COYLE: And that gives the Board of County
Commissioners the opportunity to make adjustments if they deem it
necessary.
CHAIRMAN HENNING: Is that acceptable, Commissioner
Fiala?
COMMISSIONER FIALA: Sure.
CHAIRMAN HENNING: It is to me. I think that's appropriate.
Commissioner Hiller, is that acceptable?
COMMISSIONER HILLER: Yeah. In fact, I was thinking
exactly the same thing when Commissioner Fiala made her remarks,
and that should be true for all enterprise funds, Leo. It shouldn't just
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be for utilities. Wherever we have enterprise funds -- because one of
the requirements is that there's matching between the cost and the
revenue stream.
MR. OCHS: Correct.
COMMISSIONER HILLER: And to the extent that the expenses
are increasing, you know, based on inflationary pressures, the fees that
we generate to cover those costs have to also be matched in the same
period.
So I agree, but I think that we should look at that as -- just as a
county-wide policy for all enterprise funds, because we have to have
matching.
CHAIRMAN HENNING: Okay.
COMMISSIONER COYLE: Commissioner Hiller took over part
of my speaking time.
COMMISSIONER HILLER: Did I?
CHAIRMAN HENNING: No, no, she didn't.
COMMISSIONER COYLE: I just want to --
COMMISSIONER HILLER: Didn't it sound better?
COMMISSIONER COYLE: One other suggestion. I'm sorry?
COMMISSIONER HILLER: Did I make you sound better?
COMMISSIONER COYLE: Oh, no, no. That's not possible.
COMMISSIONER HILLER: I want you to know I'm
heartbroken. I really am. I just don't know what to say.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I just wanted to comment.
You need to keep making those comparisons with other cities and
counties. You've got them in this -- in our packet. I think our record
is pretty good. Even with the proposed rate increases, if you compare
us with other cities and counties in the State of Florida, and
particularly in Southwestern Florida, our rates very -- well, they're at
least consistent with others but in most cases lower than others.
So that's a good selling point. Nobody likes to see a big increase.
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I mean, it's a terrible strategy to not increase rates for services over a
period of time when inflation is occurring because that leaves you in
the position of doing what you're doing now. You're going for a 9
percent increase.
Well, that makes up for five years, roughly, of no increases at all,
but people don't care about that. They care about the 9 percent
increase. If you had increased it a percent or 2 percent every year, it
would be easier for everybody to take and understand.
So that's going to attract some attention, and you need to do,
perhaps, a little better job in public relations to deal with that sort of
thing.
And it doesn't hurt to remind us from time to time when we say
no increases, sooner or later we're going to have to bite the bullet, and
there will be a big increase at the end of the line.
So we just need to make sure we communicate more effectively
with the public on those issues like that, and your mailings to them
certainly helps that.
MR. BELLONE: Thank you, Commissioner. That's great
advice. I appreciate that.
CHAIRMAN HENNING: Joe, did PRMG take under
consideration new hookups due to new construction?
MR. BELLONE: Yes, sir, they did. They look at -- they look at
every account that we've had every month, every size meter, every
connection that we have for the last three years; they look at the
history of connections, and they make predictions, along with staff, to
help with that, and, yes, they take into consideration new hookups --
new hookups as well as current residents, yes.
CHAIRMAN HENNING: How old was the data when that was
taken under consideration?
MR. BELLONE: Well, Commissioner, we -- you know, I've --
back in Fiscal Year 2013, we had about 900 new connections in 2013
-- in 2013. And as you know, starting to come out of the downturn.
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June 10, 2014
This year, in 2014, we've got 1,050 new connections just in eight
months. At that rate we'll get close to 14- or 1,500. And I believe we
took sort of an average going forward and used those predictions
going forward for new hookups to predict the revenue forecast that --
CHAIRMAN HENNING: The average of 1,400 and 900?
MR. BELLONE: Yes, sir.
CHAIRMAN HENNING: Okay. Well, great. I appreciate the
extra time you spent with me on this issue and providing additional
information.
Commissioner Hiller, are you complete, or is there a motion -- is
there a motion?
COMMISSIONER NANCE: Motion to approve, Mr. Chairman.
CHAIRMAN HENNING: Motion by Commissioner --
COMMISSIONER HILLER: Subject to. I think it should be
subject to what Commissioner Fiala, Henning, Coyle and I said, which
is that --
COMMISSIONER NANCE: Regarding the index and the
annual budget? That's fine.
COMMISSIONER HILLER: Yes, please.
COMMISSIONER NANCE: I'd like very much to include that,
because I agree with Commissioner Coyle; I think that --
COMMISSIONER HILLER: And Fiala and Henning and Hiller.
COMMISSIONER NANCE: Well, everybody. You know, we
have to have these usual adjustments.
COMMISSIONER HILLER: We all agree.
CHAIRMAN HENNING: Motion by Commissioner Nance,
seconded by?
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Commissioner Fiala.
Discussion on the motion?
(No response.)
CHAIRMAN HENNING: Seeing none, all in favor of the
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motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Thank you, Joe.
MR. BELLONE: Thank you, Commissioners.
MR. OCHS: Thank you, Commissioners.
Item #11D
RESOLUTION 2014-121 : A RESOLUTION REPEALING ALL
PREVIOUS RESOLUTIONS ESTABLISHING AND AMENDING
PARTS OF THE COLLIER COUNTY PARKS AND
RECREATION DEPARTMENT FACILITIES AND OUTDOOR
AREAS LICENSE AND FEE POLICY AND ESTABLISHING THE
POLICY ANEW TO PROVIDE FOR MODIFIED FEES IN
SEVERAL AREAS, ASSIST WITH PROGRAMMING NEEDS
FOR OPEN SPACE RENTALS, PROVIDE ADDITIONAL
PROGRAMMING, AND ESTABLISH A RATE FOR CAMPING —
MOTION TO APPROVE WITH STAFF DIRECTION TO
PERFORM A COMPREHENSIVE COST/FEE ANALYSIS THAT
WILL BE BROUGHT BACK TO THE BOARD FOR FURTHER
DISCUSSION — ADOPTED
MR. OCHS: That takes us to Item 11D. It's a recommendation
to adopt a resolution repealing all previous resolutions establishing
and amending parts of the Collier County Parks and Recreation
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Department facilities and outdoor areas license and fee policy and
establishing the policy anew to provide for modified fees in several
areas.
And your parks and recreation director, Barry Williams, will
present.
MR. WILLIAMS: Mr. Chairman, Commissioners, good
morning. Barry Williams, parks and recreation director.
The item I have before you is a little bit different from your
previous item. These services and programs that we offer with the
parks department aren't enterprise fund. Typically they are a subsidy
from ad valorem with user fees. And so what we're looking for is just
an incremental increase in the fees associated with the parks and rec
department.
These increases, we're not looking to increase our budget. Our
budget's been established, and we're bringing that forward to you in
this month, actually; it's June. Excuse me. But what we're looking to
do is to maintain the share of funds that users pay for our operations.
And, historically, this has been 40 percent. There are four areas
that I wanted to go over with you today that are significant changes
and get your approval for. And, again, these changes will be effective
October 1st of this year if approved.
As you can see, one of the things that we're seeing over the last
three years, from FY 13 to FY 14 to '15, is just a decrease in what our
cost recovery has been, the amount of user fees that go against our
operating budget.
We haven't adjusted the fee schedule comprehensively for eight
years. We went -- came before you eight years ago and did a
comprehensive look at it.
So, you know, with the recession, certainly, there was no interest
on anyone's part to look at this. But what we're trying to do is to keep
this cost recovery. As we're showing now, as it's projecting for FY15,
it would be 39 percent over the 40.
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So the total amount of money that we're looking for, that this
increase would create, would be -- our current user fees for next year's
budget are 8.2 million. With these -- this increase, that would increase
it to 8.4 million. So we're looking at about a $200,000 increase over a
variety of categories. And let me share with you those categories, if I
may.
I did want to put on the visualizer just a table that's in your fiscal
impact statement within the executive summary. And I'm a little
colorblind, so I can't tell you what colors these are. I can tell you
there are four colors on this chart, and they kind of break down the
four areas that I wanted to talk to you about.
The first color that looks to be like yellow --
CHAIRMAN HENNING: Green.
MR. WILLIAMS: -- green is our annual boat launch -- or our
annual boat launch, and we want to talk to you a little bit about that.
The second color, unknown by me, is related to our aquatics.
COMMISSIONER HILLER: What color am I today?
MR. WILLIAMS: I'm going to go with black and white.
COMMISSIONER HILLER: I like it. Awesome. I just wanted
to see how good you were.
MR. WILLIAMS: Thank you.
The third category is looking at our fitness fees, and then the
fourth category is a variety of programs and services that we'd like to
offer and charge a user fee to cover our cost.
To go to our first one, the annual boat launch fee, our
recommendation -- and it kind of summarizes for you. There's three
recommendations in there that you see. First of all, we're asking for
an increase from our annual -- annual motorized for residents, change
that fee from 75 to 100. And we may have priced ourselves a little
shy when we brought this before you before. The City of Naples
charges, for a similar type launch, an annual permit of$125.
We don't have a fee for an annual permit for kayakers or canoers,
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and so we're wanting to add that. And that's simply half of what the
annual permit would be for the motorized vessels. So for $50, you can
launch as many times as you'd like as a resident.
The one area that we are looking for your consideration on is a
change in how we charge commercial vendors that use the public
ramp. And just to give you some context, we have about 16
businesses that use the public ramps, and what we do now is we
charge $500, and with $500, up to five tow vehicles, they're able to
launch as many times as they want.
One of the things that's come to our attention with outsourcing
the marinas and the boat launches is now we have a private vendor
that is taking those monies. And what we're seeing is a disparity
between the amount of money that that vendor makes for overseeing
the launch sites versus what the commercial businesses are.
So we're just looking to bring a little bit more equality among
those two private-sector functions.
What this would change, though, is we would ask that the boat
launch fee -- to do away with the $500 permit, charge $100 for a
commercial permit, and then ask the commercial entities to pay $8 per
launch. So that's a major change.
If I could, just to continue on, the next area that we're looking for
consideration on is in aquatics. And just as you can see -- and Joe and
Dr. Yilmaz' team has brought out something that we're seeing, too,
incremental increases in a variety of things; not necessarily dramatic
increases, but we are seeing increases in labor costs, electricity,
supplies.
And we're seeing this trend over the last three years in our
aquatics facilities. We're seeing, again, just an increase in the costs
associated with running those facilities.
So I want to talk to you a little bit about those costs and what
we're projecting. We are asking for nominal increases related to our
Golden Gate Community Park aquatic facility as well as the
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Immokalee Sports Complex aquatic facility, but we're also asking for
consideration for an increase in what we charge at our Sun-n-Fun
Lagoon.
And just to give you some sense of this, the Sun-n-Fun Lagoon --
and I've listed Water Park A. That's a water park that's in our area.
That's Sun Splash, in case you didn't know, but that's the charges that
they are charging for their facility, and you can see our current prices.
We're looking to bump that up just a slight amount to keep our cost
recovery at Sun-N-Fun.
COMMISSIONER HILLER: And just to clarify, Water Park A
is not a county park. It's a private.
MR. WILLIAMS: It is a municipality --
COMMISSIONER HILLER: But which municipality --
MR. WILLIAMS: -- operated water park in Cape Coral.
COMMISSIONER HILLER: Cape Coral. So Cape Coral is
charging 17.95 for an adult, and we're currently charging 12, and we're
proposing 13. So we're well below what Cape Coral is charging.
MR. WILLIAMS: Yes, ma'am. And our goal there is to -- one
of the directions that this board has given us in terms of the water park
is to maintain that facility so that the operating costs are borne by the
fees that are used to run the facility.
The last couple of years we've been successful in that. Last year
we ware at 106 --
COMMISSIONER HILLER: So you're really treating that as an
enterprise fund?
MR. OCHS: Correct.
MR. WILLIAMS: To a certain extent, you could say that, yes,
ma'am.
COMMISSIONER HILLER: Well, if it's being -- if fees are
supporting the costs, then you are.
MR. WILLIAMS: Yes, ma'am. I would agree with you.
COMMISSIONER HILLER: Are they accounting for it like an
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enterprise fund?
MR. WILLIAMS: It's like an enterprise fund. It's not an
established one.
MR. OCHS: You can call it an internal service fund, so to speak,
ma'am. We're trying to recover the costs of operations with the fees
charges, but there may be times where there's some backstopping with
either General Fund dollars or 111 funds.
COMMISSIONER HILLER: Okay.
MR. WILLIAMS: Just to continue on, this is an area where
we're actually asking for a reduction in our fees. And this is kind of a
sensitive area, we understand. We do have a number of fitness centers
in our community that offer similar services.
There is a difference between a public-sector fitness center. And,
for the most part, we provide a basic service for people to come in and
use gym equipment, free weights, those types of things. We do offer
classes.
The price point of these services in our community -- we've had a
couple national chains that have come into the community, and they're
charging -- because of that national brand, able to charge considerably
less.
We always know that typically that business model provides
upcharges once you get in. So we're looking at establishing a lower
price point.
Our current price point is $35. We think we're too high, not for
the market, but for the convenience of the constituents that use the
facilities. If I have a choice to go to a park and rec facility and I'm
paying $35, I may be more inclined to go to one that's paying 10.
We don't want to be in a competitive mode. We just want to
keep that price point consistent with the market.
So we're asking to not only reduce the price point from that 35 to
25 but also make our pricing a little simpler. Before, we would have a
price where if you entered in one gym and you had multiple gyms,
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you paid extra. We're saying $25 for all four of the fitness centers
associated with the parks and rec department, so that's a decrease in
the fee.
And then the last item I have is just a variety of fees that we're
asking consideration for so that they're codified within the resolution.
You see beach weddings. We do a number of beach weddings where
we're approached by vendors asking to use the county beaches.
They're some of the most beautiful places in the world, as you know.
And so there is some time, staff time associated with setup when
working with wedding planners. And so we're looking to recoup some
of those costs.
Ski party event; we have a very successful water skiing program
in Sugden Lake. We are approached numerous times by people
wanting to, either their family or small groups, learn to water ski. So
this covers the cost of the boat to staff for a three-hour introductory
lesson for water skiing.
Some of the others you see, the ranger-guided canoe trips at
Barefoot, paddle board lessons at Sugden, and camping fees related to
Pepper Ranch, just where we now have offered camping, and we want
to establish that fee in our resolution for that as well.
So with that, I think I'm done. But, again, we're asking your
consideration for altering our fee policy to reflect these changes.
COMMISSIONER FIALA: Motion to approve.
CHAIRMAN HENNING: Motion by Commissioner Fiala.
COMMISSIONER NANCE: I will second it for discussion.
CHAIRMAN HENNING: Seconded by Commissioner Nance.
Discussion? Commissioner Nance, and then I have a ton of
questions.
COMMISSIONER NANCE: Yes, Barry. I think -- and, fellow
commissioners, I think it would be useful at some point to examine
our parks and recreation from a standpoint of making -- of evaluating
our operational costs and see if we can't operate it a little more on an
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enterprise-funding basis, and the reason I say that is, if we can use our
budgeted dollars to build outstanding facilities, which we have done,
and make sure that we can pay to maintain them, which I know there
have been some challenges due to the recession, you know, I'm big on
user fees.
If we can just recoup our operational costs, I think it would be
outstanding. But I would like to see how that affects the rates as a
whole that we charge regarding fees.
So I -- you know, I'm big on user fees. I think there's going to be
more emphasis on going to that, because I think it's very fair. But that
would also let us take our dollars that -- you know, our increasing
dollars going forward and make sure that we can continue to supply
facilities that, you know, we can't necessarily afford.
So I think supporting -- while supporting operational costs is
admirable, you know, if it keeps us from building needed additional
facilities, I would -- I'd just like to see an analysis of that at this point
to see how that would shake out and what it would really mean to
citizens.
CHAIRMAN HENNING: Well, Commissioner Nance, you're
right on point. In fact, this should be continued until analysis is done
on each service that is provided.
COMMISSIONER NANCE: Well, you know, I don't feel like
we should stop modifying the fees at the moment, but I think we
should allow staff, certainly, to come back to us and let us know what
-- you know, what it does.
I believe that county parks and recreation is probably, in a lot of
cases, in the same situation as our utilities are. You know, they've
held the line, and they want to make a few thoughtful changes. I don't
object to that out of pocket.
But, like I say, I believe it really warrants a -- I think it would be
good if we had an overall analysis to see how -- you know, how are
we going to fund parks and rec going forward.
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You know, I know a lot of people, particularly in some of the
areas in the county that have less resources available to them, have
talked about, you know, well, how are we ever going to get another
pool in the eastern part of the county, for example, and so on and so
forth. But we need to find a pathway to do that through funding.
So I'd just -- like I said, that was just an afterthought. I'm in
support of your modified fees, but I just think we ought to look at
enterprise funding for this and see if we can't -- you know, if it's wise,
should we move that way? It's just a question. I'm not even saying I
presuppose the answer.
CHAIRMAN HENNING: Well, I think any time that we offer a
fee, it ought to be just and valid. You can't give validation of it unless
you know what -- the cost of services you're providing. Give you an
example, we're lowering a fee for fitness. Why? Because the private
sector is lower.
So we need to know what the cost is to run a fitness center. And
should we really be in that business?
COMMISSIONER NANCE: Absolutely. I agree with that. You
know, if we can't provide it as cheaply as the private sector, that begs
the question now, doesn't it?
CHAIRMAN HENNING: Well, we have somebody providing
the private sector, but there are programs that we don't provide in the
-- that the public -- private sector cannot provide.
COMMISSIONER NANCE: Yes.
CHAIRMAN HENNING: Such as boat ramps; however, we
don't know what it costs us to run those boat ramps.
COMMISSIONER NANCE: Yes.
CHAIRMAN HENNING: You know, you need to plug in the
cost of the rangers out there. You need to plug in the cost of the
maintenance and capital replacement costs, but we don't have that to
compare.
COMMISSIONER NANCE: Yes.
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CHAIRMAN HENNING: And I think it's -- I think it's -- you
know, it's something that we should do on each and every one of these
items.
And I know there's augmentation from the General Fund. There's
no question about it. But it gives you an opportunity to look at, should
we be providing this service or not.
MR. WILLIAMS: Commissioner Henning, if I may, I could
offer that certainly you're absolutely correct, and we've taken this as a
whole, department whole, with that cost recovery. But as we've talked
about, you know, we have certain --
CHAIRMAN HENNING: Well, Barry, when I met with you, I
asked you for that information --
MR. WILLIAMS: Yes, sir.
CHAIRMAN HENNING: -- and I didn't receive it, okay. And
we wouldn't be having this discussion about continuing it until we take
a look at a holistic approach of what it costs us for each delivery of
service. And, furthermore, at the Golden Gate Community Center you
want a new fee. What was the recommendation of the advisory board?
MR. WILLIAMS: Well, the discussion had been about the open
space. We changed the characterization of open versus green space.
We have a fee within the fee policy that talks about charging for a
green space. And the circumstance that we had was we were offering
a farmers' market there that the fee policy didn't really support.
So the advisory board was supportive of the farmers' market and
us altering that language.
CHAIRMAN HENNING: You mean the garage sale --
MR. WILLIAMS: Yes.
CHAIRMAN HENNING: -- the continuing garage sale. It's not
a farmers' market. A farmers' market is -- you don't have clothing or
boots or Avon selling it. That's not a farmers' market.
MR. WILLIAMS: I understand.
CHAIRMAN HENNING: But this -- you know, it's an underline
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and, according to your executive summary, you're saying this is a new
fee.
This open space is a new fee.
MR. WILLIAMS: It's a change in characterization of how that
fee's applied.
CHAIRMAN HENNING: Okay. But it doesn't say what that
open space is, you know. Is it a pavilion? I don't know. Is it to use
the open -- is it for the community garden? I don't know.
MR. WILLIAMS: And perhaps we should have offered a better
explanation. It was meant to change to reflect that area that had
historically been rented in the parking lot. And before we had defined
it as green space where we were saying a portion of the park that is
open green space could be rented for whatever purpose. And we get a
variety of requests from people of doing things.
But that change was meant to assist -- we have a number of
people that want that, whatever that's called. And I do know growth
management's looking on changing the -- you know, how those
farmers' markets or those roadside stands, or however you want to call
them, are characterized.
CHAIRMAN HENNING: The ones with the snipe signs all over
it. Okay.
Well, again, I would like for a complete analysis, so I can't
support the motion. I would hope that we can get a motion to
continue.
But I'll go to my colleagues. Who was next?
COMMISSIONER COYLE: Me.
CHAIRMAN HENNING: Commissioner Fiala or Commissioner
Coyle?
COMMISSIONER FIALA: Coyle.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I'd like to go back to the
enterprise funding concept for just a moment.
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I also think that's a good way to go, but I would like to
discourage you from making an abrupt change. I would prefer to see
the staff come up with a study or at least a recommendation that
incorporates all of the costs associated with providing these services
and a rate-adjustment process that would be phased in over time to
achieve a full enterprise-fund concept for supporting these activities.
If you were to double or triple the fee at one time to reach that
goal, it's going to get very, very messy. But if you phase it in over a
period of years, then I think it will be more readily accepted by the
users of those facilities.
So if the board could give the staff direction to do that and to
bring that recommendation back to the board for review or approval, I
think that would achieve everyone's objectives here.
You'd get all of the costs folded in, you'd get an understanding of
how much it costs to operate the entire facility, and then you would
have a better way of judging how you phase in the increased fees in
order to reach a point where you're recovering all of your fees through
user fees.
And I think that's an excellent way to go. It's the most democratic
method of cost allocation you can come up with.
CHAIRMAN HENNING: So you're not supportive of adopting
the resolution today?
COMMISSIONER COYLE: I'm sort of ambivalent about
adopting it today. I wouldn't object to this fee schedule, but I think it
would be good if the board had the information necessary to move to a
full enterprise-fund concept before making this change.
It might want to make it -- increase it a little bit more. If the
board had that information, they might be able to make a more
informed decision.
CHAIRMAN HENNING: Commissioner Fiala, then
Commissioner Nance, Commissioner Hiller.
COMMISSIONER FIALA: Yes, thank you.
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I understand where you're coming from, but I think an enterprise
zone is quite different when you come to the growth management
division or water division and then when you come to the parks.
And I say that because you have parks in areas that are
surrounded by little children whose parents have no income. And it's
the only place they play. They don't have parks or recreation in their
own backyard. And if they can't afford to come to a park, then what
are our parks there for? To make money?
I don't -- I think that they're also there to keep the people in our
community busy in a healthy environment and allowing those people,
those children to have something to do other than hang around street
corners and make snipe signs.
And I just feel that we need to take a look -- I don't know how
you're going to calculate -- like you said, with the fitness center you
lost so many people coming because the rate was too high and, of
course, I realize you didn't want to compete with the private sector,
but you overpriced it, and then nobody came or very few came.
Well, I'm concerned with that as well. We've got all these parks,
magnificent parks, but if people can't come because they can't pay,
then what are the parks there for?
And I think -- I don't know how you're going to calculate that
into the figures you're trying to get to come to a completely
enterprise-zoned department, but I think it's going to be difficult.
Especially -- you come into -- well, there's three of us. Look at
Immokalee, look at Golden Gate, look at East Naples. We -- you
know, you're going to lose a lot of people if they can't afford to go to
the park.
MR. WILLIAMS: Commissioner Fiala -- I think -- and just, if I
may say, we can break down the services. There are hundreds of
services that we provide, and we can provide that breakdown.
It is very tedious, but it can be done. There are some general
services like the Sun-N-Fun that we know make -- that it's easy for us
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to determine what the costs are, what our expenses are, what our
revenues are.
But I think the point is that, as a policy -- the current Board of
County Commissioners' policy is to have a 40 percent cost recovery.
So you're subsidizing a lot of these services for, I think, the reasons
Commissioner Fiala mentions.
If you truly make what these services cost -- if we try to recover
100 percent of the costs or -- you're going to have to raise the fees. So
you're at 40 percent, and we're looking to maintain that 40 percent just
by a slight increase. We would be happy to break -- to do that
analysis. It will take us time to do it, but we can do it.
CHAIRMAN HENNING: My understanding, you already have
it done. And if you're doing a 40 percent cost recovery, you have that
information. Besides the fact, if you don't on each category, it's going
to only make you a better director of making good decisions on
whether you should be providing the service or not and what the fees
should really be.
MR. WILLIAMS: And several of our recommendations recently
have been in that area where we looked at a service we were providing
and determined, this really isn't an area that we should be in; in the
marinas, the concession at North Collier Regional Park. You know,
there are examples of that where we said -- you know, we looked at
the cost recovery and, as it related to that, made a business decision
and came forward for a recommendation to you to outsource those
services. We agree with you.
Some of these services, though, and the types of services that are
had in community centers, when you're talking about Little League,
when you're talking about soccer, you -- you know, again, a 40
percent cost recovery where you're subsidizing those type of activities
is a good thing, because it helps those services be provided in the
communities and the children to be able to participate in them.
CHAIRMAN HENNING: And that goes to Commissioner
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Fiala's point.
MR. WILLIAMS: Yes, sir.
CHAIRMAN HENNING: But there are things that we're doing
it not because it's necessary. We're doing it -- like the fitness center.
There's private enterprises that does that. So, you know, are we
providing a service that we should really let the private sector do it
and get out of that business? And look at what else we could do. I
don't know. But without more information, how can we make an
informed decision?
Commissioner Nance, Commissioner Hiller.
COMMISSIONER NANCE: Yes. I agree with everything
everybody's said. There are basic services that we provide in the
parks that we don't charge for. You know, we don't have to charge for
everything to do with the park. There are basic services that we
provide that private sector doesn't provide. The private sector does
not provide park areas for our citizens. We have to do that. And we
shouldn't charge incremental fees for that service.
People pay some basic tax levels, but we have to divide the
services that we provide into those that are base services and those that
should be funded with enterprise funds, in my view.
You know, on this recommendation here, I have no problem.
The reason I seconded the motion, I have no problem tweaking our
little fee -- modifying our fees. This is just a little tweak.
And I do think that we deserve a larger study both to exactly
what Commissioner Henning said and what Commissioner Coyle said.
So, you know, I will continue to support the motion, and I will
also further support a motion that somebody could make on a wider
study, but I don't think that it's going to be possible for us to get that
study completed in time for this current budget cycle.
MR. OCHS: No.
COMMISSIONER NANCE: So I think we need to give staff a
chance to work on this and bring back some thoughtful options to the
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board, would be my thinking and my preference.
COMMISSIONER FIALA: Would you like me to add that onto
my motion as we approve that for this year's budget but will ask staff
to go back and study some of these things and get back to us and see
what we can do if-- in some of the cases, and other cases that you just
can't. You know, like playgrounds and stuff. You can't go in and
charge a kid to go into the playground. So maybe you could go back
and give us a thorough study later on, say, by the fall.
MR. WILLIAMS: Commissioner, we'd be happy to do that. I
think that -- and part of the analysis, if I hear you correctly, is to look
at those things that we're doing that maybe we ought not be doing and
to look at the costs associated with the service and see what the cost
recovery is. And if there are those things that we can seek someone
else doing, certainly we're about doing that; we would want to do that.
It's a better way for us to manage our business, honestly. And
we've seen that -- the marinas have been the best example where we've
gotten a very positive reaction from that outsource, so --
COMMISSIONER NANCE: I would modify my second to
reflect Commissioner Fiala's change in her motion.
CHAIRMAN HENNING: Well, thank you.
Commissioner Hiller?
COMMISSIONER HILLER: Yeah. When you talk about the
60/40 split, is the 60 subsidizing activities that are no-charge activities
and the 40 being charged activities without any subsidy from the
General Fund for any other source?
MR. WILLIAMS: It's a combination. You know, you do have
some maintenance -- you have our maintenance costs associated with
keeping our parks green and clean, and so that's part of that 60
percent. Then you have some expenses directly related to the
revenue-producing services, again, like the Sun-n-Fun Lagoon. So it's
a mixture of what that 60 percent represents.
COMMISSIONER HILLER: So -- and what I want to clarify is
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that if you go to a full enterprise fund, you're not looking at a 60
percent increase over the fees that you're presenting, are you?
MR. WILLIAMS: It depends. It's a policy decision. It's like, for
example, if you took --
COMMISSIONER HILLER: No, no, but that's -- I know that it's
a policy decision. But, again, if we're talking about a 60/40 split and
we've got 40 percent of the costs being supported by rates, if you
eliminate the 60 percent subsidy from the General Fund, are you
saying that then you would have to increase the rates, regardless of
which ones, but, you know, whether you eliminate some services and
leave other services, just would you have to increase the individual
rates by 60 percent in order to have matching?
MR. WILLIAMS: If you were to go to a full enterprise for the
department, yes, ma'am, you'd have to increase those rates.
COMMISSIONER HILLER: So, for example, if you took
Sun-N-Fun Lagoon where you're at $13, you would now be at $20,
which would be higher than Cape Coral, for example.
MR. WILLIAMS: Possibly. And if you looked -- if we
calculated the cost of operating and also the capital improvements
necessary and then sought to recoup that through user fees, you could
very well be at that price point.
COMMISSIONER HILLER: Well, we also have impact fees to
pay for capital improvements.
MR. WILLIAMS: Impact fees won't pay for renovations or
rebuilding.
COMMISSIONER HILLER: I understand that. But for capital
improvements, like, for the new projects that, you know, that
Commissioner Nance was talking about bringing on board, you have
impact fees as a source of funds for that.
MR. WILLIAMS: Yes, ma'am.
COMMISSIONER HILLER: But you're correct, for
maintenance repairs and replacements, we have to look to either the
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General Fund or to the user fees.
I agree with Commissioner Fiala. I think, you know, to increase
those rates to the point that you basically have a real matching
between the cost and the revenue would make it cost prohibitive in
many areas of the county, and you would have children who wouldn't
be able to use the parks. And Little League, you know, is a perfect
example of an adverse impact, which is why I think the board
originally came up with the 60/40 policy, and I think we have to
evaluate it very carefully before we give it up.
With respect to looking at which programs make sense and which
don't, obviously that has to be done. I mean, that should be ongoing. I
mean, it's basically the right type of budgeting; in other words, you've
got to look at, you know, the -- what's the new term? I brought it up,
the Pugh Foundation had done that study, and they basically are now
doing a completely evidence-based budgeting.
In other words, there is absolutely no point to have a program if
there is no demand, and we've got costs and we have to increase the
fee that then makes it, you know, unattractive to potential users, so it's
-- you know, defeats the purpose.
Outsourcing obviously has to be considered as well. But I think
you have to look at evidence-based budgeting. And what
Commissioner Henning is asking for is exactly that, that you have to
justify every program based on demand and whether it's financially
feasible to meet that demand.
So I agree with Commissioner Fiala and Commissioner Henning
in terms of, you know, we want to make sure that the fees are not so
prohibitive that the people who deserve to use these parks now can't
use them, and we also want to make sure that we don't have -- or
restating what Commissioner Henning says, we do want to see all
these programs evaluated based --
MR. WILLIAMS: Absolutely.
COMMISSIONER HILLER: -- based on evidence-based
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budgeting.
COMMISSIONER NANCE: Yeah. Mr. Chairman, I think that's
-- I agree with everything you said, Commissioner Hiller, but one
thing that we have right now, just giving a living example.
The people that are trying to get their kids to go to T ball are not
complaining about the price of the field. They're complaining about
the fact that there's not enough fields.
CHAIRMAN HENNING: Not enough.
COMMISSIONER HILLER: But that goes to --
COMMISSIONER NANCE: Not enough fields. So if we're
subsidizing the cost of the fields trying to keep them low, that's very
admirable, but we're not building enough fields. So I think a full
analysis is in order.
COMMISSIONER HILLER: That goes to the impact fees.
COMMISSIONER NANCE: I don't disagree with anybody.
MR. OCHS: Yeah, Commissioner. Those capital costs are in a
separate fund in your budget.
COMMISSIONER HILLER: Right.
MR. OCHS: They're not part of those operating costs that --
COMMISSIONER HILLER: That has nothing to do with this.
MR. OCHS: -- are required.
COMMISSIONER NANCE: No, no. I'm aware of that. I'm just
looking at the whole parks and recreation budget as a whole and how
we're spending money and what we're subsidizing and whatever.
I mean, you could just as easily subsidize capital projects with
money as you can rates. So we just need to balance it and figure out
where it is. And of course there are base things that we're not going to
charge for. I'm not suggesting that at all. I'm just saying, let's do a
comprehensive study; take some time to do so.
MR. OCHS: That's fine.
MR. WILLIAMS: Fine.
CHAIRMAN HENNING: Okay. There's a motion and a second
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on the floor.
And discussion -- any further discussion on the motion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: And opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Thank you, Commissioner Fiala, for that suggestion of bringing
that back by the fall.
COMMISSIONER COYLE: Motion to recess for lunch.
CHAIRMAN HENNING: Yeah. We're going to -- we don't
need a motion. We're going to recess for lunch and be back at 1 :02.
(A luncheon recess was had.)
MR. OCHS: Mr. Chairman, you have a live mike.
Ladies and gentlemen, please take your seats.
CHAIRMAN HENNING: Is this public comment for residents
of Collier County? Is that the item that we have?
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: We're on Item 7, sir. It's public comments on
general topics not on the current or future agenda.
CHAIRMAN HENNING: Okay. This is for the residents of
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Collier County's time to speak to the board. How many --
MR. MILLER: We have 22 registered speakers for this item, sir.
CHAIRMAN HENNING: Okay. Collier County citizens,
residents.
COMMISSIONER FIALA: Only Collier County citizens?
CHAIRMAN HENNING: Yes.
MR. MILLER: I am going to call two names -- we'd like to ask
you folks to use both podiums. I'll call two names. We'd like the first
person to come to one podium, second to the other podium, and then
so on after that.
Our first speaker is Dr. John Dwyer. He'll be followed by Dr.
Karen Dwyer.
DR. JOHN DWYER: For the record, John Dwyer, and I've lived
here for 41 years.
Why we can't wait. The violation was grave. The fracking
incident was not a misunderstanding or oversight but was committed
with knowledge aforethought.
The DEP told Hughes not to do the procedure that they had never
done before in Florida. They ignored the DEP and went ahead with it.
When ordered to cease and desist, Hughes continued in direct
defiance.
Pierre Bruno with the DEP was on site at the time of the illegal
fracking and failed to notify the county, failed to perform water tests,
and failed to compel compliance.
So now we have documented evidence in the consent order of
Hughes' criminal wrongdoing. Willful noncompliance and reckless
disregard for public safety as well as our water and Everglades.
On April 22nd, the commissioners agreed the Hughes permit
should be revoked because no amount of regulation will make drilling
safe if the company won't obey the rules. We agree.
We need a full and fair public investigation of Dan A. Hughes
just as U.S. Senator Bill Nelson ordered. To use the senator's own
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words, we cannot tolerate expanded industrial drilling activities that
pose a threat to the drinking water and surface water so close to the
Florida Everglades, one of the world's great environmental treasures.
Commissioners, stay the course; challenge the consent order as
promised. We need the transparency and full disclosure of an
administrative hearing.
Let us not forget that our drinking water and our Everglades are
far more valuable than oil or mineral rights.
Mineral rights are this big (indicating). The human rights to
clean air and clean water are boundless.
Insist that Mr. Klatzkow challenge the consent order. If his
document isn't ready as ordered, sign the Conservancy's version today
with its 10 points. We cannot wait while the rainy season dilutes the
evidence and clears them of this deed.
Thank you.
MR. MILLER: Your next speaker is Dr. Karen Dwyer. She'll be
followed by Jennifer Hecker.
(Applause.)
DR. KAREN DWYER: I hope, Commissioners, you understand
why we can't wait. Every day delayed is an added day of potential
exposure to contaminated water.
It's been six months since Dan A. Hughes illegally fracked the
Collier/Hogan well next to Corkscrew Swamp Sanctuary. Six months
and still no independent water tests. Six months and still no record of
how and where the contaminated flowback was disposed. Six months
and still no list of chemicals or concentrations used.
Just as evidence should be immediately gathered at a crime
scene, so, too, water tests should have been immediately gathered at
the illegal frack site, especially since the violation occurred in our
vital watershed that replenishes levels in the Everglades and fills the
aquifers we all rely on for drinking water.
Even if the DEP's offer to break silence after six months of
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suppressing information was still on the table, the problem is no
amount of talk can alter the consent order. Only legal action.
The DEP is legally bound to its finalized terms. They and the
public know those terms fail to safeguard Collier's drinking water
from the potential contamination that resulted. That's why on April
22nd and May 13th twice the commissioners voted unanimously to
challenge and amend the deficiencies in the consent order.
You were right to do so. You were also right to be angry and
alarmed that Hughes and Collier lied about their intentions to frack
and that the DEP kept secret the company's criminal wrongdoing
during key federal and state hearings.
We need transparency and full disclosure, which means we need
an administrative hearing.
Just as United States Senator Bill Nelson ordered a federal
investigation of Dan A. Hughes, so, too, the time has come for the
commissioners to stay the course and challenge the consent order as
promised.
Please direct the county lawyer to use the Conservancy's petition
if needed, including their 10 stipulations, and file Friday.
Even the Colliers, as Mr. Coyle pointed out, should welcome a
challenge. They don't want their legacy to be destroying the
Everglades with a catastrophic oil disaster or irresponsible drilling.
A consent -- a challenge to the consent order will help us all, the
community, the Colliers, Hughes Oil to do the right thing so they can
figure out in their mind exactly what the violation was. It will help
everyone.
So thank you very much. Please file.
MR. MILLER: Your next speaker is Jennifer Hecker. She'll be
followed --
(Applause.)
CHAIRMAN HENNING: Here. Let's set some ground rules.
The rules say anything on the agenda except -- the public is allowed to
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talk about anything on the agenda. We had an agenda item that was
removed. So let's move on from that.
Furthermore, let's hold the applause so we may continue with all
the business of the county.
Okay. Commissioner Coyle?
COMMISSIONER COYLE: Mr. Chair, has it been made to the
-- clear to the people here who wish to speak that we have, in fact,
unanimously approved a challenge to this permit?
CHAIRMAN HENNING: Well --
COMMISSIONER COYLE: It has been unanimously approved.
There was -- there was only a suggestion that there might be an
alternate way to resolve this problem, but that is been removed from
the agenda.
We are following through on the decision we made two weeks
ago when you were here and you spoke to us about this issue. We are
unanimous in our objection to the permit and the violations of the
Hughes drilling company.
So when you're asking us to proceed, we've already taken that
vote. We are proceeding. So keep that in mind.
If you want to get up and talk, I guess it's up to the chairman to
do that, but the point is, why is it you feel compelled to tell us to do
something that we've already done in accordance with your pleas last
time? This is not a do-over.
MS. HECKER: Right. Would you like me to --
CHAIRMAN HENNING: No. You've had your time, sir.
Okay. Now, again, if you're -- like Commissioner Coyle says,
trying to urge us to stay the course, we already made that decision.
You can waive your right to speak, if you wish to, based upon what
the board's action was, and also based upon an item was on the
agenda, it was removed. We're not going to talk about that anymore.
We're going to move forward.
MR. MILLER: Your next speaker is Jennifer Hecker. She'll be
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followed by Jaime Duran.
MS. HECKER: Well, in the interest of time, I just wanted to first
thank you for your decision earlier today to, in fact, proceed with
filing the petitions by Friday.
The Conservancy of Southwest Florida believes that you were
right when you originally directed the county attorney to pursue this,
and you continue to be right and staying the course and doing so.
We did, however, want to just express that we are here to give
our full technical and legal support in you proceeding.
We understand the desire to address the big picture in creating a
better regulatory framework for these types of activities occurring in
the future in Collier County, and we are prepared to assist the county
in looking into how to effectively do that.
However, we -- as we know, the worst has already happened here
with unauthorized activity, so we are glad that you're taking this
immediate action on behalf of the public and protecting our safe -- our
drinking water, making sure that it's safe for the citizens of this
county.
We would ask that there be some additional things included in
the petition before it is finalized and submitted to DEP, and we've
provided a list of recommendations with 12 points, which -- all of
which we've provided to you -- you-all and the county attorney
previously, but we think that those would be beneficial to the county
to include in its petition, and we stand at the ready.
Our attorney is here today to answer any questions and continue
to work with your county attorney to make sure that that petition is as
robust as possible so you can have the best chance of success, and we
will also prepare our motion to intervene on your behalf, which we
will submit shortly.
So thank you again for everything that you're doing to protect
Collier County citizens, and we're here to be of assistance in any
manner possible.
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Thank you.
MR. MILLER: Your next speaker is Jaime Duran. He'll be
followed -- I'm sorry.
COMMISSIONER COYLE: Mr. Chairman, just a question.
Before the comments of Ms. Hecker get lost in an hour and a half of
public input here, is it appropriate that we get a consensus of the
commission about including these points which she has presented to
us in our complaint --
CHAIRMAN HENNING: I was just going to bring that up.
COMMISSIONER COYLE: Okay.
CHAIRMAN HENNING: I think it's most appropriate to have
that discussion now.
COMMISSIONER COYLE: Then I would suggest we give that
guidance to the county attorney and --
MR. KLATZKOW: I need to do this suit in the way that
represents you, not the Conservancy. I will review these points, and I
may take some or all of them into the petition. But right now I
represent you, not the Conservancy.
COMMISSIONER COYLE: Well, wait just a minute. We're
discussing whether or not we're going to give you direction to do
something. And if we give you direction to do something --
CHAIRMAN HENNING: Okay, please.
COMMISSIONER COYLE: -- you better do it.
CHAIRMAN HENNING: No applause, or we're going to clear
the room. Okay.
COMMISSIONER COYLE: So the question still is, do we have
a consensus on the board to have the county attorney include these
points in our complaint concerning the drilling operation?
CHAIRMAN HENNING: And I think it's appropriate; however,
I do have some questions on it.
Number 4, operational plan to ensure that there is not excessive
delusion (sic) of rock or force of fluids deeper in the targeted area.
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Now, do you mean above the targeted area, which I believe is the
Sunniland?
MS. HECKER: So our hydrogeologist, who, unfortunately, is
not here but was here earlier today and would be happy to go into
more depth on each of these, believes that each of these technical
issues needs to be addressed by the DEP before finalizing enforcement
against the Hughes Company to ensure that fluids used in this
unauthorized activity have not migrated below, sideways, above,
anywhere that they were intended to be.
Because in any which case, the concern is is that we don't have
proper containment of these types of fluids, and that's a cause for
concern. So I --
CHAIRMAN HENNING: I think these fluids are unknown
fluids. It is important to protect the drinking water. And my
understanding of where they're -- the targeted area is below the
drinking water. I would much rather see something to make sure there
is no force of fluids upwards of the targeted area, which is -- not the
sandstone. What is it? The Sunniland, the Sunniland area.
Commissioner Nance?
COMMISSIONER NANCE: Yes. Mr. Chairman, I think there's
a lot of issues, actually, that should have been discussed regarding
this. I'm very, very uncomfortable with talking about information
that's taking place that hasn't been advertised.
There's a lot of stakeholders in this issue, and I'm very
uncomfortable about starting to talk about this issue under public
comment. I think that we should have had a broader conversation on
this before we got to this point. And there's -- like I say, there's a lot
of people -- in addition to the Conservancy -- I have no problem with
the Conservancy's recommendations, but there may have been others
that should have rightfully brought forth if we were going to talk
about this issue. So I'm a little uncomfortable with what's going on.
CHAIRMAN HENNING: Well, I'm -- maybe the appropriate
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venue for this list is to -- we have some staff members that are
knowledgable about -- somewhat knowledgeable about this issue and,
in fact, I think we have a consultant on the water/sewer district that
can also make some recommendations. That would be my preference
personally, because a lot of these things we don't know about. I'm not
sure about the county attorney.
We need the input of the staff working with the county attorney
to help write the objection to the consent order. Would that be fair?
COMMISSIONER COYLE: I think it would be. And there's
nothing in my suggestion that would -- would cause us to have to use
this list exactly as it is written, but these are issues I think all of us are
concerned about.
The fact that the list of chemicals that were used -- the driller has
refused to tell us what that is. I mean, that is intolerable. You know,
there is -- it's crazy.
So all I'm saying is there are a list of 12 items here that deserve
attention, and there are probably other things that deserve attention,
too. I think we -- we're up against a deadline. I think we should apply
whatever stipulations are appropriate in this challenge. And if some of
these things are not worded properly, we can modify that. We can do
something with it. But let's not ignore a demand that the chemicals
that were used and in what quantities and Material Safety Data Sheets,
we shouldn't ignore those kinds of things. We should be asking for
them now.
And I would just encourage that we use this list in a way which
will make sure that we cover all of the important issues related to our
challenge. We don't have time to make it perfect, but we can certainly
include everything that we think is appropriate at this point in time.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: I'm very anxious to have it be a
good challenge. And, like I say, I just don't think we're having a full
conversation about it. I'm disappointed that we aren't. So I'm not
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saying that that's not going to help, but it's certainly going to be
incomplete, and I think it's unfortunate, because we're not going back
from this point.
We can't -- we're not going to get a redo on this thing. And I feel
like we're not actually as prepared as we need to be. You know, and it
was my agenda item to bring it forward. But that having been said,
since we kicked it down the road and kicked it down the road and
kicked it down the road, since that time there's been a lot of water
under the bridge. There's been a lot of information supplied to all of
us independently, and we've never had a chance to talk about any of it.
Some of it's directly conflicting to one another. We actually
don't know what the truth is on some of these things. There's been a
lot of allegations one way and allegations the other way. But we never
had a chance to speak about it on the dais, and that gives me a certain
amount of anxiety about going forward on something that everybody
agrees is important. I suggested it, and I just don't think we're
prepared as adequately as we need to be.
And that is not a bash on the Conservancy. It is a fact of the
matter that we just simply have not considered in detail at any point
other than my first agenda item, which was just a suggestion. And,
you know, I threw my thoughts in there, Commissioner Coyle. And,
you know, they -- some of these are included. But, you know, I don't
think we're really where we need to be.
Now, is it going to hurt? Probably not. I don't say it's going to
hurt. We can include -- if everybody wants to do that, that's fine. But
I just think it's unfortunate we're not putting forth -- I just don't think
we're going to get to our very best effort, and that's a little
disappointing to me at this point.
CHAIRMAN HENNING: Commissioner Hiller, Commissioner
Coyle.
COMMISSIONER HILLER: Jeff, procedurally, when you file
this challenge, how much do you have to include within the body of
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the challenge as to what you want included in the amendment to the
consent order versus what can you bring forward at the actual hearing
as to, you know, specifics?
In other words, can you write it in such a way that leaves you
room to bring forth the specifics under, you know, a specific -- under a
line item in the actual challenge itself?
MR. KLATZKOW: My direction from the board is to file an
action seeking to pull the permit. That was your direction to me, all
right.
As an alternative, I'm going to ask if the Court will not pull the
permit, that the consent order be modified, all right. And I'm going to
get it modified so that this county board has some say into what's
going on over there so that it's not the -- for example, it's not going to
be the Hughes inspectors who are reviewing this; it's going to be
inspectors that are approved by the county and the state, among others,
all right. That's what I'm going after.
If you wanted this list to go on through and these questions
asked, you could -- should have sent me to Tallahassee, and I would
have sat down, and I could have asked these questions.
We're past that point now. And, quite frankly, some of the
people I've been dealing with over at the state are no longer there, all
right. So I don't even know that there's a willingness up there right
now to even have a discussion with me, quite frankly. I mean, they
certainly don't want to come down here.
CHAIRMAN HENNING: Yeah. We're all beyond that. I think
the direction is clear, so --
COMMISSIONER HILLER: But I want to go back to my
question, please.
If you file, and file as you're describing, at what point can you
bring out additional requests? Like, if you -- if they -- as you say, if
for whatever reason they deny the permit and you go forward with a
request to assert our rights to ensure that certain things are or are not
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happening, can you -- do you have leave to bring forward those details
in the middle of a hearing? Can you draft it broadly enough that
allows you to encompass the specifics at a later point? Do you have
the ability to amend at a later point? I mean, this is an administrative
law hearing.
MR. KLATZKOW: I'm going to draft it relatively broadly. And
as we go through the discovery process, information that they are
unwilling to provide to us now may come available. And as that
information becomes available, the litigation will take its course.
I don't know where the litigation's going to go. Nobody ever
does. Once you start these things, they usually end up very differently
than where you think it's going to go. But as we get more and more
information, the board will become apprised of that information as it
comes through and, through the board, the public, and we will deal
with it as it comes in.
COMMISSIONER HILLER: So I think what I'm hearing -- and
this, basically, is a -- would tie what each the members of the board
have said so far, is to draft it in such a way that doesn't preclude us
from bringing these issues forward, whether it's because of discovery
or because we feel that it's, you know, procedurally something that we
want to be able to do or have DEP do.
MR. KLATZKOW: I have every intention -- for example, No. 8,
the list of chemicals, I have every intention of putting them under oath
and asking them that question, okay. I don't know what they use.
They won't tell me.
CHAIRMAN HENNING: Okay. Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I just want to make one
brief observation. It is not this board's fault that we don't have all the
information we need. We did not fail to -- Commissioner Nance, you
brought this to the board's attention, and we have asked questions, and
every time we've had a public hearing on this we have never had a
representative from the drilling company, to the best of my
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knowledge. They have never come here to tell us what they're doing,
why they did it, to offer us an explanation, to tell us what chemicals
they're using and what -- whether or not they have ever used those
chemicals in a similar geological circumstance as we have here in
Florida.
There are lots of unanswered questions, and it has unfairly
placed, in my opinion, the Collier Company in the middle of all of
this. They have leased or sold these rights to other people, and it --
those people should be in this audience talking to us, and they are not.
The DEP should be here talking to us about their lax enforcement
of the current permit, and they're not. The only way we can get them
here is to do so legally. And that's the way we're going to have to get
this information.
COMMISSIONER HILLER: And that's what we're doing.
COMMISSIONER COYLE: That's right.
CHAIRMAN HENNING: What we did.
COMMISSIONER COYLE: That's exactly what we're doing.
COMMISSIONER HILLER: That's what we've done.
COMMISSIONER COYLE: And all I'm suggesting is, in this
list -- everything in this list I'd like to know. I'd like to have that
information, and I hope that guides us in our process of pursuing this
challenge.
COMMISSIONER NANCE: Me, too, Commissioner Coyle, and
I think that -- my only point is, I think there may be other very
important items --
COMMISSIONER COYLE: Certainly.
COMMISSIONER NANCE: -- that need to be added to that list,
and we're in a Catch 22 here, because we're really not in a position to
do it at this moment. We're up against this deadline. And, frankly,
you know, I agree with you. My frustration on this is incredible.
DEP has not provided the leadership that's their job. It's their job
to do it. It's their job to communicate with us.
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What is more ridiculous than for me to get a call from somebody
that's concerned, and I want to answer their question, and I have to say
I don't know because I haven't been provided any information. That's
the most ridiculous, asinine thing I've ever heard of, okay. Nothing's
worse than that, all right.
I can't even pass something along. I have to find out what DEP is
doing and what they're saying through the Tampa Tribune. Really?
That's the way they treat this board. This is ridiculous. But at the
same time -- that's the attitude I have. At the same time, I want to
make sure that we don't get in a Catch 22 where if we go out and we
file a petition and it's not everything we want, that they come back and
say, look, Collier County, we went down and we gave you everything
you wanted, now shut up and go away, when we really have another
six or eight things that we've discovered in the interim that are really,
really important.
So if we have a mechanism to do that, then I'm good. I'm good
with sending in any list anybody's got. I don't think there should be
any unanswered questions that anyone on this dais has.
But I just want to make sure that we're prepared and everyone is
comfortable with the process, because I think we're going to find that
this is a very narrow procedure. This is not going to be a silver bullet
that's going to address all of the issues regarding oil and water safety
and everything in the county. This has got to do with this one
particularly narrow instant and incident.
This is not going to address the other well applications near our
residents. It's not going to address that. So we're going to have to go
back, and we're going to still have to function with this agency. This
agency's not going to evaporate. They're still going to be there.
They're still going to be the agency of record. They're still going to be
in charge. Some of the same people may be there, and they may fire
some more people. I don't know.
But we have to have a better line of communication, and that's
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where we really have a problem, and it's on them. It's not on this
board. It's on DEP.
But I am not willing to give up reaching out to them in every way
possible, including suing them in this instance. And by the way, if
they continue to do a poor job and don't represent our citizens, we
have every right to go and sue them for whatever lack of performance
they have, not just this one instance.
But -- but that having been said, we should not hurtle towards
litigation, because here's what's going to happen on this instance -- and
everybody needs to understand that. When we go into litigation, it's
going to set aside this consent order. That means that everything in
that consent order that's supposed to be happening right now is going
to cease happening. And nothing's going to happen with that consent
order until we get an administrative determination.
When might that be? We don't know. That might be a year from
now. Is everybody going to be happy if everything goes into
suspended animation for an extended trial for a year?
I don't know what's going to happen. That's going to make -- it's
going to make me pretty anxious. I don't know about you. So be
careful what we ask for, because we're going to get specific things
from this procedure, and we need to be careful and fully prepared.
That's all I'm saying. I'm not objecting to a word on this dais.
Everybody has spoken the truth.
CHAIRMAN HENNING: Okay. Let's try to stay on the topic of
the 12 issues that the Conservancy presented to the board.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. I just wanted to ask, in this
process, as you're approaching them, is there any ability for you to
take a step out front and also prevent any fracking of any kind in our
county from here on in?
MR. KLATZKOW: When I say I'm going to pull the permit, it's
going to be based on the fact that they don't have sufficient regulations
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in place, okay.
So the next time they want to pull a permit here, we may think
about challenging that one as well, and the next one and the next one
and the next one, all right.
This is about the -- my concern -- because I don't know because I
don't have the information from our state agency -- my concern that
they're not doing their job, all right. And until they get the appropriate
regulations in place, we're not going to know.
I'm not saying this procedure's good. I'm not saying it's bad. I'm
just saying I don't think that this department has any idea.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. And I agree with that
wholeheartedly, and I don't believe we can depend upon them to
properly enforce agreements in Collier County. If we don't develop
some procedures of our own, nobody else is going to do it for us. And
that's where, I think, we address the concerns that Commissioner
Nance has.
I think we proceed as we have intended on this particular
situation, but during that process, I think we have to give thought to
what we can do to regulate this process more effectively. And I think
there are ways we can do that. And the county attorney is exactly
right on this point. They're not doing their job in Tallahassee. They
are never going to do their job in Tallahassee as it affects Collier
County, and we're going to have to take on that responsibility
ourselves.
And so while we're doing this challenge on this particular issue,
we need to be moving forward and gathering input from all
stakeholders about how we can keep this sort of thing from happening
again.
And that's -- that's, I think, our best course of action.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Yeah. I want to reemphasize that I
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think it's extremely important that the petition to challenge is written
so broadly to be able so as to allow us to include the 12 and more as
we identify more, as you properly said, for example, through the
discovery process.
What I don't want to see happen is that you so narrowly draft this
challenge that we cannot go back and add more as we discover more.
So we need to have the broadest latitude possible to get as much
as we possibly can to ensure that no harm was done and no harm will
be done.
MR. KLATZKOW: I concur.
CHAIRMAN HENNING: Message sent. Let's get back to
public speakers.
MR. MILLER: Your next speaker is Jaime Duran. He'll be
followed by Pamela Duran.
MR. DURAN: For the record, my name is Jaime Duran, and I
am a resident of Golden Gate Estates.
For over one year we have addressed this Board of County
Commissioners with the hope to inspire you to consider the future of
the people of Collier County. We have read the consent order
between the DEP and Dan A. Hughes Company. This order, based on
real violations of the rules and the arrogance of the Hughes Company
and its Collier family partners, has many deficiencies.
We have also read the extortion letter to this board by the
resigning DEP secretary, Mr. Littlejohn that fails to consider the intent
of the consent order and uses his rhetoric to bring doubt and fear to
you.
Let us listen to Mr. Frackman's -- I'm sorry -- Mr. Blackman, the
Dan A. Hughes' talking head, who blames everything on the bad
activists.
In his letter to the Naples Daily News, he defined the procedure
as chemicals, sand, a little water, acid, and pressure. Not fracking?
Really? This is, indeed, the definition of fracking.
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We urge you, again, to consider the well-being of citizens of
Collier County and the promise that you made to us. Make sure the
current consent agreement is strengthened so that no one is allowed to
defy the laws and rules of the State of Florida and Collier County. No
company should ever be allowed to endanger the lives of residents or
the environment.
For the record, I would like to, again, officially propose, as I did
the last time, that the Collier County name be changed. It is time to
stop honoring the name of the family that pillaged the old growth
cypress and is now squeezing the land for the last drop of oil before
paving over it.
Thank you for listening.
MR. MILLER: Your next speaker is Pamela Duran. She'll be
followed by Beth McGregor.
MS. DURAN: Have you lived or visited Naples after January 1,
2014? Feeling bad? Skin problems?
The Department of Environmental Protection states there's a risk
of contaminated water in the ground and aquifer due to fracking
chemicals. Call 1-800-Sue-Naples. You may be entitled to a
settlement. This will be the ad campaigns you might be facing.
Snowbirds, visitors, you want to vacation with risk? Take a
gamble, roll the dice, visit Naples. Have your pasta cooked in fracked
water.
Water test results will be done by the company that fracked the
well and the DEP who watched it being fracked. Dan A. Hughes has
already said the water is fine, and they haven't even drilled the
monitoring wells.
The results may be out by December after the rainy season helps
dilute the chemicals. "Rain baby, rain" is the fracker's chant.
Oh, we hear you care for the health of your citizens and visitors,
and no water tests have been done for 162 days and counting. What's
in the water?
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Here's a novel idea. Why don't you, the county, do several water
tests that include all 700 fracking chemicals; make it public, doing the
administrative hearing and including these bills and demand
accountability.
The Dan A. Hughes Company, the Collier family companies, and
the DEP have made too many mistakes. We don't trust them. They
fired the safety company for telling us the truth and said at every
meeting they were not going to frack. We have asked this board over
a year for safeguards.
This is the first of many that may happen. This is a precedent.
This is what's going to happen.
Now is the time to put on your big girl panties and act like
responsible adults. Have the water tested now.
Thank you.
MR. MILLER: Your next speaker, Beth (sic) McGregor. She'll
be followed by Bobby C. Billie.
MS. McGREGOR: Actually, it's Ruth McGregor.
MR. MILLER: My apologies.
MS. McGREGOR: That's okay. I'm with Clean Water Initiative
for Lee County, Florida. Briefly just want to say that --
CHAIRMAN HENNING: I really would like to hear from
Collier County residents.
MR. KRASOWSKI: She gets to speak.
MS. McGREGOR: Okay. Well, I would like to urge Collier
County to go forward with possibly having a fracking moratorium in
place for Collier County, because it does affect the entire Florida
water supply. The Floridan aquifer does affect all of us.
MR. MILLER: Your next speaker is Bobby C. Billie. He'll be
followed by Ray Judah.
MR. BILLIE: My name is Bobby C. Billie, Miccosukee
Seminole Nation. My family been living, generations and
generations, to Collier County.
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So sad to see a lot of people move into our area damage our
rivers and canals and no more, what we used to see, creeks going
through everywhere, but it's not there anymore. Now you're going
into the ground, damage the drinking water.
And what -- you're not God. They're not God. They don't to
replace all these, hoping we take care of it.
So think about -- you keep talking about acknowledging nature.
It's good to hear that. Also think about the future of your people, what
they're going to survive. Too many people comes in, taking up the
land. There's no more foods -- there's not going to be no more food,
no more water. The oxygens disappear because of too many cars
burning gas. All of those things are going to create what you think
you're going to prove.
And I encourage you to think about the future with all people, not
only people itself. Also animals have a right to live, what creation
give.
With that, hopefully -- I'm going to pray for all of you, because
that's what we do in our living. Every time we wake up in the
morning, we test the water, we put it on our face, and we thank them.
Would touch the trees and thank them. We care for all these things.
We stepped on them. It's Mother Earth. We thank them. Every
morning we do that.
Don't forget, every time you get up, acknowledge the Earth.
That's your mother.
You're talking about the owner. You can't own the Earth. They
own you. If you're dead, we go back to the Mother Earth. We believe
that. So --
(Seminole prayer.)
MR. BILLIE: Thank you.
MR. MILLER: Your next speaker is Ray Judah. He'll be
followed by Caitlin Weber.
CHAIRMAN HENNING: Commissioner Hiller?
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COMMISSIONER HILLER: I'd like to ask the county attorney a
couple of questions before we go on, and then the county manager.
County Attorney, can you explain to what extent, if any, there's
preemption with respect to our ability to either regulate what's going
on or to have a fracking moratorium, or do we have the legal ability to
do that?
MR. KLATZKOW: You have two issues. Your first issue is in
your comp plan; you specifically have a provision that does not allow
you to regulate the oil industry with respect to environmental issues.
That's in your comp plan. It was put in there maybe 20 years ago.
COMMISSIONER HILLER: And that would be legislative.
MR. KLATZKOW: That's legislative. So the first thing you'd
have to do is you'd have to amend your comp plan.
COMMISSIONER HILLER: A comp plan amendment.
MR. KLATZKOW: You can do that.
Your second issue is that you have a question of preemption on
the state statute. When you look at the state statute, it looks like we're
preempted, but there's no court case on it, and you'd have to challenge
that.
These preemptions sometimes go one way, sometimes they go
the other way, depending upon the mood of the judge, quite frankly.
What I will tell you is that from a cost standpoint, once you start
regulating this industry, you're opening yourselves up to Bert Harris
claims, inverse condemnation claims, and everything else.
If you attack it on the state level, these permits, you don't have
that issue. This is the best bang for your buck to attack it, okay. It
should be -- Florida should be regulating this, the state, all right.
COMMISSIONER HILLER: Doesn't the state have a duty to
regulate this? I mean, if there's preemption, don't they have a duty?
And if they fail to do it, can't we sue them for failing to do what
they're legally required to do if there is preemption?
MR. KLATZKOW: They have the duty to regulate it. And the
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petition's going to be "You're not doing your job."
COMMISSIONER HILLER: Okay. So you are going to make
sure you include that in that petition?
MR. KLATZKOW: Yes.
COMMISSIONER HILLER: All right. So we are basically
going to assert that they have -- you know, if there is protection -- I
mean, if there is preemption, that they have a duty to protect and they
have to do that by regulation, and their failure to regulate is a breach
of their duty to us?
MR. KLATZKOW: They have failed to enact the proper
regulations in the contest of this new drilling technology that we're
dealing with.
COMMISSIONER HILLER: Okay. So -- all right. I understand.
And then, County Manager, why can't we hire an expert and go
test the waters now?
MR. OCHS: I don't know that you are prohibited in any way
from doing that, ma'am.
COMMISSIONER HILLER: So why don't we do that?
CHAIRMAN HENNING: Well, I think George Yilmaz is
working on --
MR. OCHS: Yes. We've already developed an outline of a
specification that we could -- that we could then solicit consultants.
COMMISSIONER HILLER: So are we going to put forward a
solicitation to get an expert to test the waters?
MR. OCHS: If that's the pleasure of the board, yes, ma'am.
COMMISSIONER HILLER: Well, I don't see why not.
COMMISSIONER NANCE: Are you going to be responsible
for those results? Are you going to say it's safe if you test it?
COMMISSIONER HILLER: We have to rely on what the expert
says. I mean, if the expert says there's no contamination, unless
someone proves something to the contrary, I mean, whether -- whether
we have an expert who does it for us in the middle of litigation or we
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have an expert that does it for us now, I think we have to know
whether or not the water has been contaminated.
I think, you know, hiring an expert -- our own expert, not any
other party's expert, not the state's expert, not Dan Hughes' expert, not
the Colliers' expert, just our own expert to go in there and test the
water as of right now. That's not to say that prospectively something
may happen if they continue to do wrong, but at least, as of now, we
should retain an expert and evaluate the water. I mean, if water
contamination is the issue.
(Applause.)
CHAIRMAN HENNING: We're going to take a five-minute
break, and then I would like the deputy to clear the room of all public
speakers on this issue, and we'll call them from the hallway one at a
time. We're on a five-minute break.
(A brief recess was had.)
MR. OCHS: Mr. Chairman, you have a live mike.
Ladies and gentlemen, please take your seats.
CHAIRMAN HENNING: By law it's a duty of the chairman to
have a decorum. I've mentioned that -- please hold your applause.
We want to do the business, the public's business, in an orderly way;
therefore, when that wasn't abided by, I asked the deputy to have the
public speakers wait outside, and we'll call them one by one, okay.
We're not going to do this by mob.
COMMISSIONER HILLER: Can I continue where I left off?
CHAIRMAN HENNING: Yes, please.
COMMISSIONER HILLER: Thank you.
So I'd like to continue with this question of testing. County
Manager, please explain, what do we have to do to test water.
MR. OCHS: Commissioner, in a nutshell, what we would first
prefer to do is hire a consultant to do some modeling to help us
determine if, in fact, there is contamination from some of these
production wells, where the contamination is most likely to migrate;
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that would help us define an area where we would test, and then we'd
determine if we have monitoring wells in place there or if we have to
dig additional wells to test the quality of the water in those areas.
COMMISSIONER HILLER: Well, what I would like to do is
just modify what you just said, and that is basically that the modeling
should tell us where the fluids would migrate to and then test, not that
the modeling would tell us whether or not there's contamination.
MR. OCHS: I'm sorry. You're correct.
COMMISSIONER HILLER: Yeah. I just want to clarify that.
So basically the modeling will tell us the flow, and then we'll test.
So then I would like to -- I know we're under public comment,
but if the board would agree, I would like to make a motion to direct
county staff to put that out to bid and get it done and, you know, bring
back the bid; you know, whoever wins the solicitation, to have our
own consultant do the testing.
CHAIRMAN HENNING: Before I ask for a second, I think it's
appropriate, once it's filed, it is litigation. We are allowed to go in a
closed-door session for strategy during closed-door session. And, you
know, Commissioner Nance is, rightfully so, concerned --
COMMISSIONER HILLER: No. We're not in the position to
go into a closed-door session for a strategy. We can only go in for
settlement discussions and to talk about legal costs, but --
CHAIRMAN HENNING: Okay. Well, let's hear from the
county attorney.
COMMISSIONER HILLER: Not strategy.
MR. KLATZKOW: Once I file, I would ask the board not to talk
about this publicly again, okay. And if there comes a point in time
where I have to call a shade session because you want to discuss it, I
will call a shade session.
CHAIRMAN HENNING: Is it -- can we have a shade session
for strategies?
MR. KLATZKOW: I will call a shade session that complies with
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all statutory requirements.
CHAIRMAN HENNING: Okay.
COMMISSIONER HILLER: Can we go back to getting an
expert?
CHAIRMAN HENNING: Yeah. You have a motion on the
floor.
COMMISSIONER HILLER: I think we should have an expert
test the water.
CHAIRMAN HENNING: Is there a second to the motion?
COMMISSIONER FIALA: Yes. Second.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: Discussion on the motion?
COMMISSIONER NANCE: Yes.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: I think we're getting ahead of
ourselves a little bit by engaging this issue where the state and other
agencies are already empowered and have the staff to do such things.
I mean, we can start doing county testing on pollution on these wells.
There's been over 300 of them in our county.
COMMISSIONER HILLER: Well, we're only dealing --
COMMISSIONER NANCE: There are some active. There's
some not.
COMMISSIONER HILLER: We understand that. We're dealing
with one well.
COMMISSIONER NANCE: Yes, ma'am. Let me speak, please.
There's many of them. There's going to be many issues. And if
we engage that, I'm afraid we need to take a look at the fiscal impact
that it's going to have. Not that it's not important, but I think once we
take that responsibility that is rightfully the job of others, I think we're
going to -- are going down a real slippery slope, because we do not
have the staff to do it, which means we have to hire everything done,
and then it's just going to be an opinion. You're going to have another
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opinion. And everybody's got an opinion; everybody's got a
consultant and an opinion.
So I'm not sure we can rely on our one study to certify that
something's safe or not. If we go in and we don't find it and we say it's
safe, then we're liable.
I think it's a very slippery slope. It might give us comfort for a
moment, but let's examine if that's really what we want to engage in
doing. Is that really going to give us comfort at the end of the day? It
might be some momentary relief and make us feel good that we're
engaged in it, but is it really going to be effective and is it going to be
cost effective for us to get engaged with that?
I have some reluctance to start down that road.
COMMISSIONER COYLE: May I?
CHAIRMAN HENNING: Yes, please.
COMMISSIONER COYLE: There's another consideration, and
that is after all the time that has elapsed since this violation, you take a
sample, what happens if it turns out to be benign?
CHAIRMAN HENNING: Right.
COMMISSIONER COYLE: There is nothing wrong with it.
That undermines your fundamental argument. And you have to be
very careful that in your zeal to appear to be doing something
constructive, you shoot yourself in the foot.
Our objective is not just with one well. Our objective is to find
the safe way to do this, if it is possible, for whatever drilling takes
place in Collier County for the next 50 to 100 years.
So we have to be careful that we don't go rushing off to convince
-- to try to convince people who -- that we're doing something
constructive. It could be something destructive for our position and
our argument. So I think we have to be very careful.
COMMISSIONER HILLER: I'd like to comment on that, if I
may.
CHAIRMAN HENNING: Sure, please.
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COMMISSIONER HILLER: I understand what you're trying to
say, Commissioner Coyle, but that's not how it works, because our
request to deny the permit is not predicated on our belief that there is
contamination and that if we go in there and find no contamination
that we have no case.
We're asking them to deny the permit because they don't have the
regulatory scheme in place to oversee the type of drilling that is being
engaged in, and that as a consequence they have violated their duty to
protect us against something that could happen, which is a very
different issue than whether or not the groundwater that is potentially
affected by this drilling has or has not been contaminated.
They still have to have the regulation in place to ensure that
prospectively no harm comes to the water supply. But what we are
dealing with right now is the question as it relates to this single well,
because that is the focus of this discussion, as to whether or not that
well in any way, as a consequence of the fracking, caused chemicals
to leak into the water supply that somehow could potentially do harm
to the public.
So I don't see how one adversely affects -- I mean, I don't see
how testing in any way hurts our case against the state's duty to act.
COMMISSIONER COYLE: How, then, do you argue that the
well caused contamination if your own test reveals that it did not?
COMMISSIONER HILLER: Well, you can't argue --
COMMISSIONER COYLE: Just a moment. Just a moment.
COMMISSIONER HILLER: -- that it caused contamination if
you don't have proof that it did. We can't speculate.
COMMISSIONER COYLE: Just a moment.
COMMISSIONER HILLER: Right now we know nothing.
CHAIRMAN HENNING: Hold on, Commissioner Hiller,
please.
COMMISSIONER COYLE: You asked a question. Explain
why. And this is the danger of short-term strategies. You have to
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look at this in the context of the overall drilling challenges in Collier
County. If you take a position on one well that undermines your
argument for all of the others, then you have damaged yourself and
you have undermined your arguments that you might want to use.
It's very clear, and it is very simple.
COMMISSIONER HILLER: If there is no damage, there is no
damage.
COMMISSIONER COYLE: We are -- we have people --
COMMISSIONER HILLER: If there is, there is.
COMMISSIONER COYLE: Just a moment. We have people in
the audience who are firmly convinced that what Hughes has done has
contaminated our water supply. There are many others who are
similarly convinced. If you go and take a test right now and it proves
that it has not, in fact, damaged our water supply, how long do you
think that argument is going to be believed? Even though in some
future case it might be true.
The point is, if we test it now after so many days from the
violation, you're not getting a true test, and you're taking the chance
that you're undermining your own position.
And so I'm not going to continue to argue this in a circular
manner. It's -- you've heard it. It is logical. It is factual. And if you
want to go in a different direction, please go ahead and do so, because
I don't live out there.
CHAIRMAN HENNING: I'm going to go next.
COMMISSIONER COYLE: All right.
CHAIRMAN HENNING: But it does affect all of our water.
I agree with your statement. I cannot support the motion. I'm
reading from the Florida Statutes, 286.011, where notwithstanding the
provisions of Subsection 1, Board of Commissioners, that's us, B,
subsection, matter of meetings shall be competent to settlement
negotiation or strategy session relating to litigation expenditures.
So I think we ought to strategize this between the board and not
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give the agency any more information than they want to give us. So
that's where I stand on this issue.
Commissioner Nance?
COMMISSIONER NANCE: Nothing further, sir.
COMMISSIONER FIALA: I'll pull my second, by the way.
CHAIRMAN HENNING: Is there a second to Commissioner
Hiller's motion?
COMMISSIONER FIALA: Yes, I was the second, but, you
know, you've made some very good points here, and I don't want to
shoot us in the foot. We want to move forward.
CHAIRMAN HENNING: I understand you removed your
motion --
COMMISSIONER FIALA: Yes, sir.
CHAIRMAN HENNING: -- for the second, so I'm just asking if
there is -- somebody wants to make a second to Commissioner Hiller's
motion.
COMMISSIONER FIALA: Oh, excuse me.
CHAIRMAN HENNING: Is there a second?
(No response.)
CHAIRMAN HENNING: Seeing none, motion fails.
Shall we go back to public speakers?
MR. MILLER: Your next public speaker is Ray Judah. He'll be
followed by Shannon Larsen.
MR. JUDAH: Mr. Chairman, Collier County Commission, it's a
privilege to be here. I am Ray Judah, a coordinator with the Florida
Coastland Ocean Coalition.
Let me just say first, at the outset, how very proud I am of each
and every one of you for already making the decision to proceed with
the challenge of the consent order, also your hard-lining, the
questions, the concern that you have expressed today.
You know, it is true that life sometimes goes in full circle. And I
have to tell you, over a couple decades ago, early in my first term as a
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Lee County commissioner, there was a resident from Collier County
that came before our board when we were talking about an issue that
not only affected us locally but regionally and also statewide, and
reminded the board, and it's something I have ascribed to and held
dear ever since is that when you make a decision, understand the
potential impact for the next seven generations.
You have indicated today that you have envisioned your decision
as to the impacts it ultimately will have on future generations, and I
applaud you for that.
You know, it's also really very troubling that there's been an
alarming trend by the Department of Environmental Protection over
the last four years to not only significantly reduce the issuance of
consent orders to protect our land and water resources for the people
of the State of Florida but also where they don't even enforce their
own consent orders.
We have one such example in Lee County called the Ceitus Boat
Lift where actually there's impairment to the state aquatic preserve,
Matlacha Aquatic Preserve, because the Department of Environmental
Protection's failed to enforce their own consent order, and residents
now are having to spend tens of thousands of dollars to challenge the
DEP.
I think we all recognize that the chemicals that are used, the
drilling fluid, whether it's drilling, or the actual acid, fracking, to be
able to loosen up the oil to make it flow is of concern, particularly
when we don't know a lot of the agents, although we recognize and
have seen that this chemical soup can include toluene and benzene and
other cancer causing agents and hydrochloric acid.
I think the reality is that if those very acids and chemicals are
used to dissolve rock to be able to make the oil flow, well, what
happens when they then dispose of these very acids and chemical
agents only 2,800 feet down into the earth where there's only a
700-foot layer of dolomite, which is calcium, manganese, carbonate,
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and limestone separating those chemicals from the Floridan aquifer.
And the reason I'm here as a representative of the Florida
Coastland & Ocean Coalition is that we know the Floridan aquifer
does not observe political boundaries. This is an aquifer that's greatly
relied upon by many communities throughout the State of Florida.
And we applaud you for being on the frontline to help protect that
viable water supply.
Again, I applaud your efforts in moving forward with the
challenge of the consent order.
Thank you so much.
MR. MILLER: Your next speaker --
COMMISSIONER HILLER: Wait one second.
CHAIRMAN HENNING: Wait before you -- before you move
on.
Commissioner Nance, is your light on from before?
COMMISSIONER NANCE: Yes, sir; sorry.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Yes. How did Lee County find
out that that aquifer had been contaminated? What did it do to make
that determination?
MR. JUDAH: Well, it's not so much that Lee County has found
out that the aquifer is contaminated; it's the fact that you have a
situation with these chemical agents with no suitable buffer to protect
those chemicals from leaching into the Floridan aquifer.
I'm not saying that that has been determined yet in Lee County,
but that the Floridan aquifer affects pretty much a good part of the
State of Florida, and it's a potable water supply depending upon the
population of the 18 million here in the State of Florida.
COMMISSIONER HILLER: So what, again, are the people
challenging?
MR. JUDAH: Oh, that's a whole 'nother issue, ma'am. With
regards to the challenging of the consent order with DEP, that has to _
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do with actually surface water flow and nutrient runoff and the lack of
retention and filtration of runoff mainly going over the Cape Coral
landscape into a receiving water body that's dramatically impairing
Matlacha Aquatic Preserve. I'm just giving you an example of where
the DEP did not even enforce their own consent order.
COMMISSIONER HILLER: So you have an issue where DEP
is not enforcing their consent order and, separately, you have this
other issue where the aquifer is --
MR. JUDAH: No, that's an issue right here in Collier County
where, again, DEP is really not suitably and adequately addressing
this issue through their consent order. They just don't enforce their
own consent orders.
In fact, they're, as I said, significantly reducing the issuance of
consent orders to protect land and water resources, and that is an
alarming trend.
CHAIRMAN HENNING: Okay. I think it's going to be more
productive to let the speakers speak, and let's move on.
MR. JUDAH: Thank you.
MR. MILLER: Your next speaker is Shannon Larsen. She'll be
followed by John W. Scott.
MS. LARSEN: I wish I was standing here congratulating Collier
County on putting solar energy panels on everybody's house and all
the buildings, and we wouldn't have to have these discussions about
these horrible things that are taking the future -- taking the future
away from our children, our grandchildren, and their children and all
the animals -- plants and animals.
The things we're discussing today are very gravely serious, and
they shouldn't ever be taken lightly by any of us.
Fracking kills. It's all over the papers. It's all over TV. It
displaces families that have lived in their homes for generation after
generation. They can't drink their water anymore. They can't bathe in
their water anymore. Their children are getting sick, deathly, deathly
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sick.
A mayor in a small town in Dish just moved his family away
from fracking operations because his children were getting
nosebleeds, serious nosebleeds, and he said, my job is not worth the
death of my children because of the fracking process.
So I came here today -- I'm glad you made the decision you have
made -- but also, like a couple of other speakers, to encourage Collier
County and all the counties in Florida to ban fracking in Florida.
It's really wrong even for us to receive any oil or gas that's been
produced by the fracking process because we know what it does.
Those chemicals are deadly. I have a whole list of what's in them.
But worst of all, worst of all, oil and gas companies are exempt from
provisions of the Safe Drinking Water Act, the Clean Air Act, the
Clean Water Act, and other environmental laws.
So once they're in place, how are you going to stop? How are
you going to stop the air pollution? The water pollution? The health
hazards of the people living here? You can't. They're exempt from all
the laws that we enacted to safeguard us.
So you all need -- this is going to be precedent setting what you
do with this one well. How you handle this is going to determine what
the future is for the rest of this -- generations to come.
So I really ask you to work on your petition very, very seriously,
and thank you for this, for what you're going to do. Thank you.
MR. MILLER: Your next speaker is John W. Scott. He'll be
followed by Alexis Meyer.
MR. SCOTT: Hello, Collier County Commission. Thank you
very much for what I'm hearing so far. I'm very encouraged by the talk
of public input and public dialogue; that is very encouraging.
And I also applaud the decision to test the water. That seems like
a pretty good step going forward.
As far as a legal precedent for banning fracking entirely -- I know
we're only discussing one well, but I would just -- I know you guys
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have already decided to move in the right direction. And, again, I
applaud you on that, but going down the road of a moratorium on
fracking, you can look around the country; there's tens that are -- or
probably hundreds of counties and cities around the country that have
successfully banned fracking in their communities.
Now, I don't know if those communities are unique or different
from here and, thus, maybe here you can't pursue that, but I think it
would definitely be worth looking into because, as the previous
speaker was just talking about, you can look around the country. The
health effects are very obvious.
And energy companies are not honest brokers most of the time,
and the FDEP seems to be a better lapdog than a regulatory agency
right now. So that being said, you guys seem to be probably the only
thing standing between this community and possible ruination of the
Floridan aquifer, among other things.
So I would implore you guys to -- I appreciate what you've done
so far, but please keep up the good work, keep the environment in
mind and the public interest in mind because this is such an important
issue, because our natural resources in Florida are what brings people
here. And if you want to get into it from an economic standpoint, we
have a $65 billion-plus per year tourism industry. I'm sure Collier
County doesn't need me to remind them that that industry is an infinite
resource, that as long as you take care of those natural resources and
maintain the natural beauty, you don't ever have to worry about it.
And I don't think we should be rolling the dice on irreplaceable
ecosystems like the Everglades or our potable drinking water for us
and other states that rely on the Floridan aquifer for some old --
centuries old technology. And, in fact, we should be looking at
moving ahead, as she said before, with solar panels.
I'll leave you with one last thing and that is, an oil spill occurs,
and it is an environmental catastrophe, but if you have a solar spill, it's
a beautiful day outside.
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And I'd also like to add this one last thing is I'm a little
disappointed that when we expressed the slightest bit of passion about
an issue this important, such as applauding someone that just made an
eloquent and passionate speech, that we are told to evacuate the room.
I just don't understand that. But thank you for your time.
MR. MILLER: Your next speaker is Alexis Meyer. She'll be
followed by Marlene Robinson.
MS. MEYER: For the record, Alexis Meyer with the National
Sierra Club's Florida Panther Critical Habitat Campaign.
I want to thank you for upholding your original unanimous vote
to file a petition against the consent order. This is such an important
matter for the drinking water and safety of the people and the
environment.
The Dan A. Hughes Company is not reputable, nor are they
honest or transparent. How can the safety of your citizens and the
environment be assured when this company has withheld information
from the public and ignored requests for further information?
We ask that you revise the petition and include all the
stipulations put forward by the Conservancy of Southwest Florida to
challenge the consent order.
You listened to the concerned citizens of Collier and made the
right decision. Thank you for staying the course and filing the petition
against it.
MR. MILLER: Your next speaker is Marlene Robinson. She'll
be followed by Lisa Prescott.
MS. ROBINSON: Hi. I'm Marlene Robinson. I'm from
Environmental and Peace Education Center, and we have been
long-time advocates of environmental and social justice.
So I thought I was coming here today to ask you to go forward
with challenging the consent order; you've already made the decision
to do that, so I want to thank you for doing that.
And then I just want to echo what someone else said earlier; let's
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ban fracking. Why do we want it here in Collier County?
I know you-all are sitting in your seats and you've taken the
positions that you've taken. You didn't do it to allow Collier County
to be -- to allow our Everglades to be poisoned and to allow our
drinking water to be poisoned. You're there because you want to
preserve our environment here.
And I'm just asking you to do that. We're begging you to
continue to do that. That's it.
MR. MILLER: Your next speaker is Lisa Prescott. She'll be
followed by Dona Knapp.
MS. PRESCOTT: My name is Lisa Marie Prescott. I'm a
biologist and a certified environmental health professional for on-site
wastewater treatment and disposal systems in the State of Florida. I'm
the Green Peace coordinator for Central Florida.
Thank you for the opportunity to speak to you today regarding
questionable oil drilling practices in Collier County, illegally acid
stimulation practices and lack of regulatory oversight that have put our
natural water supply and native ecosystem at risk in South Florida.
Thank you for your current choice to take immediate action.
I must say that I'm happy to hear of your evident concern for
continued clean water supply and stability in rates paid by consumers
in your county. Access to clean, safe water is a basic human need.
The situation in which we find ourselves, illegal acid fraction for
oil extraction by Dan A. Hughes, and a lack of transparency by Dan
A. Hughes and the FDEP during the past six months, has captured
attention beyond South Florida.
As County Commissioners, your decision to hold Hughes Oil
Company accountable for their actions in your county sets a precedent
for safe drilling practices in the future throughout the Sunshine state.
We were told a year ago that Hughes would not be fracking in
this area, and we questioned that then, at public meetings since. Well,
actions are louder than words, and Hughes has illegally fracked your
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groundwater.
It's evident that additional oversight is necessary at the local level
of leadership. Please be that leadership for your constituents.
We did not believe that a $25,000 fine with continued drilling by
and additional permitting for Dan A. Hughes is enough action to
protect your aquifer safety from similar incidents in the future.
This company proceeded with acid fracking illegally, and they've
displayed evidence of disregard for your water resources.
They are still actively drilling in your county prior to the release
of groundwater testing results. Why is that? This sends the message
loud and clear to the oil industry that for a nominal fee and without
adequate federal approval they can experiment with fracking methods
in your protected lands.
Thank you for taking these steps to protect water resources in this
environmentally sensitive region. Thank you for demanding
transparency and full disclosure.
We stand with you in support of a local moratorium on acid
fracking. The future health and well-being of your constituents is
literally in your hands. Access to clean water for generations to come
is in your hands.
Thank you.
MR. MILLER: Your next speaker is Dona Knapp. She'll be
followed by Maria Bolton-Jobert.
MS. KNAPP: Thank you. I'm Dona Knapp. Used to be a
shrimper many years ago before we had the BP disaster in our
beautiful Gulf of Mexico.
And I'm here to thank you very much for challenging the consent
order and stopping Dan A. Hughes from further, perhaps, polluting
our waters. Fracking always does pollute our water, and there's no
way around it.
Also, thank you, Georgia Hiller, for suggesting that we should
test the water here. I've been calling the water company and asking
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them to please do this.
I have my own personal experiences with poisoned water. Back
in 1988 I was pregnant for the very first time, and my daughter was
born premature. She was born with -- I ate a lot of fish during that
time caught in the water that was around our area in Bonita Springs
not realizing in my ignorance that there was mercury in the water.
And there's a lot of mercury also out in the Everglades. And
Miccosukee and the Seminole can't eat the fish out there anymore
because of that.
So I'm here to say please don't allow this fracking. We've got
future generations to think of here, my grandchildren. In fact, the
other day I told my sister, please don't bring my little nephews over
from England to come here right now because I don't know if the
water's safe to drink. We've been drinking out of bottled water for
quite some time now since we heard about this fracking.
And, anyway, thank you for challenging the consent order and
not caving in to corporate pressure as many do. You're really all we
have to fend off these big corporations and oil companies that are
coming to Florida. If we don't stop this now, this is just a thin end of
the wedge. They're going to frack the whole of the Everglades, and
you know this.
Thank you for all of your efforts, and thank you for respecting
Mother Nature, because we all belong -- we all are part of the same.
We all belong together. We all drink the same water.
Water's the first medicine. We come from water when we're in
our mothers' bellies. We drink water; we're made of water. So it's
something very sacred that we're preserving here.
And I feel that we will set a precedence not only in the State of
Florida but for the whole of the nation in defending sacred water.
So thank you very much for everything that you've been doing so
far. That's all I have to say.
MR. MILLER: Your next public speaker is Marie Bolton-Jobert.
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She'll be followed by Barbara Green.
MS. BOLTON-JOBERT: Hi there. Maria Bolton-Jobert, 524
Meridale Avenue, Orlando, Florida.
Myself and three friends, we got up at, you know, 4:30, 5:00 in
the morning. We got the alert, and we said, we care about the water.
It's a state issue.
I'm a volunteer at the Sierra Club. I cannot speak on behalf of
the club. But as a citizen, as an activist, I thank you all for already
taking the first steps with challenging this. Sorry, I'm a little bit sleep
deprived.
Again, what happens down here is going to affect the whole
state. And this isn't a short-term issue. This is definitely going to be
long term. I really appreciate you all thinking about that.
You could Google fracking. Cancer. There's a bunch of movies
about it. There's a lot of information on the web. If you look it up,
and I'm sure you have because a few of you have been very vocal, and
I can see who's already leaning towards -- that this is a big issue. It is.
I can't stress that enough.
I know that the Sierra Club is concerned with the negative
impacts to the water quality as well as negative impact to the
ecosystem. As many people have stated, we are the ecosystem.
If we can't be concerned with what's happening right now, it's
going beyond us in this room. Everybody in this room is going to be
dead 70, 80 years. We're gone. So this is going to impact future
generations.
And I just hope that the board realizes that everything that
you-all do. You are of the powerhouse of this county, and you will, in
fact, influence the entire state. That's a lot of pressure, and that's a lot
of power, and I really hope that you take that into consideration and
listen to everybody here, as well as your constituents, as well as
people that come from four hours away to be here.
And I would remind people that we need to vote people in that
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actually do care about our water and about our environment. We need
to get Rick Scott out of there. He's with the DEP. Am I right? These
are his appointees. It's no coincidence that people are dropping out
that have potentially done something they shouldn't have.
We need to Google search who's connected with what, because
I'm sure if we went on the Internet and started seeing who's getting
paid out --
CHAIRMAN HENNING: Ma'am, you want to address the
board, the Board of Commissioners.
MS. BOLTON-JOBERT: Yes.
CHAIRMAN HENNING: You want to address the Board of
Commissioners?
MS. BOLTON-JOBERT: I need to Google you-all. I haven't
done my research yet. I would hope that everybody -- no one's paid
off and everybody's doing the best that they can for the constituents. I
hope that.
And please vote yes on Amendment 1 if you care about our
future here in Florida. It's very critical. I don't know if you've
researched that yet. Vote yes on 1, and please sign the petition,
wewantcleanwater.com.
And I don't know if this is new information, but, again, vote yes
on 1 and vote -- sign the petition, wewantcleanwater.com. And,
please, Friday, I hope you-all are just doing the right thing. The whole
state is watching.
And considering that this is a public comment -- you know, what
is today? A Tuesday. There's a lot of people would be in this room if
this was a Saturday at, like, noon or 2 o'clock in the afternoon. I'm
just glad the media's here, and I thank you all for what you've done so
far, and know that everybody's watching. So thank you.
MR. MILLER: Your next public speaker is Barbara Green.
She'll be followed by Patty Whitehead.
MS. GREEN: Good afternoon. My name is Barbara Green. I
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also drove over here from Dade County. And I want you to know
how much I appreciate, personally, the view you're taking.
I want you to know that the environmental groups that I
represent, One Ocean One Sky, 350.org, and I could name four or five
more organizations -- but you, Collier County, are the spearhead of
this fight against fracking in Florida. And I just want to thank you for
your courage and know that we are all watching.
MR. MILLER: Your next speaker is Patty Whitehead. She'll be
followed by Donald Loritz.
MS. WHITEHEAD: Good afternoon, Commissioners, ladies and
gentlemen.
Fracking in our aquifers is a very serious issue. And as -- I
forwarded some emails to your administrative assistants regarding this
issue. As it's taking place currently in the New Orleans area. In St.
Tammany Parish, the Parish council there passed a resolution to hire
attorneys to seek an injunction to prevent fracking in their aquifer.
These are folks that have had oil and gas interests in their midst
for generations, for decades, for over a century. If it concerns them, it
should concern us. No doubt many of the folks that live in St.
Tammany, Parish, work for the petroleum industry.
I mean, unfortunately, it turns into a "not my backyard" issue but,
you know, that's why we need to move past oil. We need a truly
sustainable source of energy going into the future, not something
where someone suffers so that I can be rewarded to drive my SUV
which, by the way, I don't own one.
But I'm concerned about another issue. Reading through your
executive summary here, I see there -- it appears from the DEP permit
that there's no bright line between the permit that they've issued for the
exploratory well and the production well, that they can transition from
one phase of operation directly into the other. I thought at some point
the county needs to intervene regarding conditional-use permits.
It states clearly here on or about December 18, 2012, the
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Department of Environmental Protection issued an oil and gas drilling
permit. This permit authorized the Hughes Company to drill a
horizontal completion targeting the lower Sunniland formation. Upon
completion of the construction of 20-3H, Collier/Hogan, DEP issued a
five-year operating permit to Hughes Company on August 9, 2013,
under the same permit number to operate the well as an oil production
well.
No bright line between those two actions. That really concerns
me, and it should concern you greatly.
The other thing is is that they have been -- they have been
continuing on with their oil exploration activities there since
December 30th. All that production water that comes back up from
subterranean production water, what they call flowback water, where
is that being disposed of? Does anyone know? Where's it -- is it being
trucked out of here, out of Collier County? Is it being put on a ship?
Is it being put down an ASR well? I don't know. These are all key
questions.
We're focusing on just one little narrow portion of this, but there's
-- it's just a whole spectrum of issues that these guys are operating in
our midst. They are ongoing. They are bringing up all kinds of toxins
from below the surface. Where is this stuff going? Need to know.
Thank you, ladies and gentlemen.
MR. MILLER: Your next speaker is Donald Loritz. He'll be
followed by Laura Tooley.
MR. LORITZ: Good afternoon. My name is Don Loritz. I'm
the vice president of Preserve our Paradise.
I want to thank you for the opportunity to talk to you today. I
want to congratulate you on the action that you've taken. I believe it's
necessary. It's in the best interest of the residents of Collier County.
I'd like to take this opportunity to share with you several pieces
of information that we've only recently received. I did email these to
you over the weekend. I'm not sure if your staff has informed you.
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We are getting more information and expect more information from
the FDEP.
As you may know, we filed a public record request. Let me
rewind briefly. We first learned about unusual activity at the
Collier/Hogan well back on December 27th. We learned a fracking
convoy was headed to Naples. We concluded it was only that well.
We were unable to get any information out of the FDEP until we filed
a public-record request and then filed a state action to enforce that
public-record request.
From that we've gone to get information. I have an overhead, if
that can be displayed. Okay. And I have those -- I selected those
pictures. I selected four additional pictures. And I'll give you a
blowup of at least one, which is most critical, most damning.
This is XLW30G. It's listed. It can cause cancer. These are all
chemicals that were observed at the Collier/Hogan site used by the
drilling crew. These were pictures furnished to us by the FDEP. We
believe they were taken by Pierre Bruno of the FDEP, though we can't
-- haven't been able to confirm that yet.
These were -- so -- but regardless of who took the pictures, they
were all entered into the FDEP database, data files on the dates they
were taken. So the FDEP was fully aware that these chemicals were
being used and were there, you know -- they're fully aware of what
was going on.
And we've further learned that at least five of these chemicals so
far are on the master fracking chemical list of the State of Arkansas.
We continue to research these. We continue to identify new
chemicals from the information that's been released to us. We still are
not satisfied we have complete information.
We are eager to cooperate in every way we can with the county
attorney to provide him with all the information we've been able to
gather.
And we encourage -- we thank you again for proceeding with
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this. It's an important step. You're doing the right thing.
Thank you very much.
COMMISSIONER HILLER: I would like to ask that you -- I
would like to really ask that you supply that information both to the
county attorney and the county manager.
CHAIRMAN HENNING: That's in our emails.
COMMISSIONER HILLER: I know, but I want to make sure
that it's on the record.
CHAIRMAN HENNING: Next speaker?
MR. MILLER: Your next speaker is Laura Tooley. She'll be
followed by Marlaine Rieck.
MS. TOOLEY: Hi. My name is Laura Tooley for the record.
I am a resident of Collier County. I live approximately a mile
away from the Collier/Hogan well.
I didn't learn of the well being done until the Golden Gate well
came into -- the controversy came up; however, having looked at the
original permit application for the Collier/Hogan well, I'm very
curious why this wasn't brought before the Big Cypress Advisory
Committee way back when, because when the Golden Gate well
became such a controversy, all of a sudden the Big Cypress Advisory
Committee was convened. There wasn't one convened at the time this
permit was issued. So, you know, I think that kind of shows that DEP
has not been following their own rules.
It's a grave concern to me. I would like to thank the commission
for your concerns and your attention to this matter. It really is
important.
Commissioner Hiller, thank you for suggesting the water testing.
I was making a pot of pasta last night, and I sat there with the pot at
the sink saying, do I use bottled water or do I use the water from the
tap? I can boil it. That will kill bacteria and contaminants, but it
doesn't remove chemical contaminants. What do I do? Do I want to
eat that pasta?
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Now, like I said, I'm about a mile from the well. If my well were
to become contaminated, can you imagine the expense and the cost to
Collier County to bring municipal water to my area? What is the
economic impact to the county in that effect?
COMMISSIONER HILLER: Can I ask you a question?
MS. TOOLEY: Now, you're talking about looking at long term
CHAIRMAN HENNING: No, it's time for public comments.
Let's hear from the public.
COMMISSIONER HILLER: You live right beside the well, I
mean, right beside where they drilled, and you have a water well
there. Could you maybe, you know, have your water tested for those
chemicals?
MS. TOOLEY: I'm a single mother. Do you think I can afford --
COMMISSIONER HILLER: No. I'm mean, I don't know. I'm
not, like --
MS. TOOLEY: No, I mean, can I?
COMMISSIONER HILLER: Like, for example, you could give
a sample --
MS. TOOLEY: I would love to.
COMMISSIONER HILLER: -- of that water to our utilities
department. I mean, they would do the testing. In other words --
MS. TOOLEY: I mean --
COMMISSIONER HILLER: -- since you live right there.
MS. TOOLEY: -- it tests for, what do they say, 700 different
fracking chemicals could be --
COMMISSIONER HILLER: I don't know how they test but,
you know, they test all the time.
MS. TOOLEY: Can I have my well tested?
CHAIRMAN HENNING: Shall we take a five-minute break so
you can have a conversation?
COMMISSIONER HILLER: I'd like that.
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CHAIRMAN HENNING: Okay. We're taking a five-minute
break.
COMMISSIONER HILLER: I think -- let's go talk to George.
MS. TOOLEY: Okay, thank you.
(A brief recess was had.)
MR. OCHS: Mr. Chairman, you have a live Mike.
Ladies and gentlemen, please take your seats.
CHAIRMAN HENNING: It appears that we're having a lot of
dialogue with the public. Does anybody have an objection on the
commissioners voting for the commission or commissioners having a
dialogue with the public under public comments?
Commissioner Coyle?
COMMISSIONER COYLE: I think we need to listen to the
public and --
CHAIRMAN HENNING: Well, I tried to do that.
COMMISSIONER COYLE: Well, I'll support you just --
CHAIRMAN HENNING: In the motion?
COMMISSIONER COYLE: Yep.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: I disagree. I think if the public
speaks and if we want to engage with the public to bring more
information out and, you know, either further the discussion with the
speaker because it's on point rather than take notes and try to come
back and address the issue after we hear so many other facts, I think
it's very difficult.
CHAIRMAN HENNING: Okay. Commissioner Nance?
COMMISSIONER NANCE: I'm okay with what we're doing.
I'm all right. We're almost -- you know, has everybody gotten a
chance to speak that wanted to speak?
MR. MILLER: I've got four more.
COMMISSIONER NANCE: Okay. We've got a few more to
go. Let's hear the rest of the public speakers, sir.
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CHAIRMAN HENNING: Okay. The narrow of the question is,
do you want to vote to allow a commissioner to have a dialogue with a
public speaker under public speakers?
COMMISSIONER HILLER: It's not on the agenda,
Commissioner Henning. We don't vote on matters not on the agenda,
right?
CHAIRMAN HENNING: Well --
COMMISSIONER HILLER: That's what you said so many
times.
CHAIRMAN HENNING: This is -- no. This is --
COMMISSIONER COYLE: This is a procedural issue.
CHAIRMAN HENNING: This is a procedural issue.
COMMISSIONER HILLER: Oh, it's procedural. Oh, it's
different.
COMMISSIONER COYLE: And it's up to the discretion of the
CHAIRMAN HENNING: Commissioner Nance, do you want to
weigh in or do you want to pass to Commissioner Fiala?
COMMISSIONER NANCE: I think we should pass to
Commissioner Fiala.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. You know, we already know
the answer, and we already know where we're going. We're already
going where the audience is going. I think, let's just get on with it,
hear our audience, and move onto the next subject.
COMMISSIONER COYLE: There you go, 3-2.
COMMISSIONER FIALA: I think there's only three speakers
left.
MR. MILLER: Four.
COMMISSIONER FIALA: We should do that and then we're
done.
CHAIRMAN HENNING: All right.
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MR. MILLER: Actually, the woman speaking, is it Ms. Tooley,
was that correct?
MS. TOOLEY: Yes.
MR. MILLER: She had about a minute and a half, when we took
a break, left in her speaking time. Do I pick back up there, sir?
CHAIRMAN HENNING: Yes, absolutely.
MR. MILLER: Please.
MS. TOOLEY: Thank you, thank you.
As I was saying, yes, the water testing is a bit of an issue. You
know, for me, I'm a single mom. It's very expensive to have done.
I would like -- I would suggest, perhaps, as part of the permit --
the challenge to the consent order, it would be very nice if maybe
Hughes could offset that cost to the citizens in the surrounding area,
that they could have their wells tested.
I think, you know, a $25,000 fine for something like -- you know,
for illegal activity, if that is the maximum the state can fine them,
there's something wrong. There's something intrinsically wrong with
the state legislation and the laws, and I think that's something else that
the commission might be able to do to help out is to appeal to our
legislative body and ask them why was it so -- you know, why did
they get off so cheaply, because fracking is a big issue.
And it's -- it was cheaper for them to frack than -- you know, to
continue and pay the fine than it was for them not (sic) to stop, and
there's something wrong with that -- you know, something wrong with
that.
And also, County Commissioners, thank you, again, living in
unincorporated area, you are my first line locally. This would not
have been allowed in Naples, anywhere near Naples, and that's
something that, you know -- thank you very much.
COMMISSIONER HILLER: I just want to mention that staff
actually is working on an executive summary that they intend to bring
forward at the next meeting where residents that are on well water can
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actually have their well water tested.
So to the question of, you know, your testing, staff is working on
that right now, so we should have a response as to what you can do
and how you can get it done and at what cost -- when is our next
meeting, Leo?
MR. OCHS: June 24th.
COMMISSIONER HILLER: June 24th, so if you could maybe
come back then or pay attention then --
CHAIRMAN HENNING: Next speaker, please.
COMMISSIONER HILLER: -- that would be great. Thank you.
MR. MILLER: Your next speaker is Marlaine Rieck. She'll be
followed by Bob Krasowski.
MS. RIECK: Hi. I'm Marlene Rieck from Golden Gate Estates.
First of all, I want to thank you for pursuing the legal action
regarding Hughes Company. I also was very disappointed in DEP.
They failed to adequately protect our water. I think that needs to be
further addressed.
I do hope that there will be independent water monitoring chosen
by someone with no ties to Hughes or DEP or the Collier family,
Collier Enterprises, whichever groups they are.
And, remember, in testing the water, we not only drink the water,
we absorb chemicals through our skin. It's a well-known scientific
fact. We bathe in the water. It's getting into our bodies.
And in order to prevent future problems and incidents in the
battles with the oil industry in this area, I strongly, strongly urge you
to take this opportunity to ban fracking in Collier County. There's got
to be a way that you can do this.
Fracking has caused damage to water supplies across the nation,
also to the air. You have an opportunity to be a leader in protecting
the environment. Make our county proud. Do that. Don't be known
instead for allowing the destruction of the environment by failing to
take strong enough action soon enough.
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The oil people are all over this county, all over the area.
Commissioner Nance has said they're swarming like bees. You've got
to act before it's too late, and the simplest way is to get the legislation,
pass the laws; that way you won't have to be dealing well by well,
battle by battle, and deal with the situation where, well, there was an
accident. The chemicals are in the groundwater. There's no way to get
them out. They've gone who knows where, where they want to go; we
have no control over that, and especially if the ground has been
fracked.
So thank you very much.
MR. MILLER: Your next speaker is Bob Krasowski. He'll be
followed by Matthew Schwartz.
MR. KRASOWSKI: Good afternoon. Bob Krasowski, for the
record.
I'm glad to hear that you decided to move forward with your
challenge to the consent order. The letter from the DEP that was sent
to you naming some of the -- it kind of brought up some concerns
from me, but the -- essentially said what the impact of your challenge
might be as far as not being able to impose the fine, not being able to
get samples of the water and that kind of stuff. So I was a bit taken
aback by that.
But now it seems to me that in the long run we'll be much better
off doing what you're doing, moving forward with the challenge and
having an addition of the things you mentioned at your previous
meeting of being added onto the consent order as far as any kind of
work in the future.
In the meantime, we have the ability, as has been mentioned
before, to test for ourselves, by ourselves. It doesn't mean we have to
come up with anything, but we know in what direction that water
moves. And it's -- and the pollution of the water isn't the only
evidence that we need. But the fact that they violated their permit is
plenty enough.
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Now, I really am concerned. And, Commissioner Henning, you
really proved my point earlier; when you removed this item from the
agenda, you said you spoke to the relevant parties. You spoke to the
DEP, Mr. Gable at Collier Corporation, and then also the
Conservancy, right? You didn't say anything about speaking to the
generators of this concern and issue like Preserve our Paradise or the
Stone Crab Alliance. I'm just totally disappointed, because I've been
coming here for 20, 25 years.
It seems like they're falling under the wing of the Conservancy.
This 11 points -- No. 6 is missing. Eleven points that they say that
they want included in this operation says nothing about doing away
with fracking, and that's Point No. 1. We don't need chemical
injections in this area to extract oil. They want to do other wells; well,
we can talk about that, and they can get permits and stuff. But the
new -- the new version of extracting the oil with the chemical input,
that's the big issue. That's the big concern.
So I hope that you can allow for maybe an emergency meeting
where everybody involved can get together and submit their points or
talk about it to the attorney, take it -- he can take it under advice and
get this thing done by Friday without it being the Conservancy's issue.
If-- the Conservancy loves to do this they absorb -- they did
nothing when the first well was -- Hogan well was proposed. It wasn't
until the second well was proposed near the neighborhood that the
whole -- all the community got riled up, and then they moved in.
These people better not be naive and maintain their own position,
the Stone Crab Alliance and the Preserve our Paradise. They're a new
group of citizen stuff, but it's the citizens who initiated this. The
citizens should follow through on it, and don't be scared off by money
or lack of legal representation.
So that's pretty much all I have to say. Thank you.
MR. MILLER: Your next speaker is Matthew Schwartz. He'll
be followed by Marcia Cravens.
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MR. SCHWARTZ: Good afternoon, Commissioners and staff.
Matthew Schwartz representing South Florida Wildlands Alliance
Association. Excuse me, I just heard something else.
As you know, I'm involved in two pieces of litigation right now,
ongoing. One with the Hughes Company where I represented myself;
not an easy thing to do, pro se. Another piece of litigation with the
Tocala Company, which has gotten a permit to do seismic testing on
103,000 acres north of both the preserve, Big Cypress National
Preserve, and the refuge. That one is mostly -- it's a mixture of Collier
and Hendry County.
Commissioner Nance, the first time I met you, we were talking
about the rural land stewardship area and panthers and that area and
that program, and you said something very interesting that stuck in my
head. You said, under the current administration in Tallahassee, it's
basically carte blanche. We can develop anything right now.
So the county really has to have a little bit more oversight.
Remember, this administration began its tenure by eliminating the
Department of Community Affairs and all kinds of reviews and
comprehensive plans. So it really does fall very heavily right now on
county governments to draw some kind of lines.
I understand the difficulty in changing legislation, but if I had 10
minutes, I could really explain, now having gone through this for a
year, where the loopholes in the legislation are right now; where they
need to be fixed.
I'm willing to meet with you, by the way, and talk with you about
these issues, things that I've discovered over a year of litigation, where
I think that might be helpful.
Dr. Arthur Brown, when he was chairing the Big Cypress Swamp
Advisory Committee, said something else. He said, we're the finger in
the dyke, and that was because the Big Cypress Swamp Advisory
Committee almost didn't make any recommendation whatsoever, and
they said, we have to make a recommendation. This stuff is
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happening all over the place. Indeed it is. And we're still -- we're here
dealing with one particular well, Hogan Island Well.
The Hughes Company has a 115,000-acre lease, including
virtually all the public lands in Southwest Florida that are responsible
for your massive ecotourism industry here in Collier County. This
place is world famous. Look at any guide to Florida, Big Cypress
National Preserve, Fakahatchee, Picayune, 10,000 Islands. That's
even included in the -- they haven't leased it out yet because they don't
have offshore oil drilling yet, but that's included in the Collier
holdings. I could go on and on.
Let me go through some of-- the fracking issue. I didn't really
get involved in the fracking issue in my litigation, but just to give you
an example of how DEP works. When I brought up the wildlife
impacts, surface impacts, bringing in trucks, vibrations, lights, drilling
rigs, diesel, generators, everything, they said, well, we're just
geologists. We're geologists and engineers. We don't know anything
about wildlife. Let's send it out for review.
So the Fish and Wildlife Commission got it and said, we've
reviewed the application. We have no comment. Have a nice
weekend. That was the review they got from the state fish and
wildlife commission.
Feds said, well, there's no federal case here, no jurisdictional
wetlands; we have no comment. They reviewed -- they permitted a
project in primary habitat next to the panther refuge with no wildlife
review whatsoever. That's an example of the kind of loophole we
need to close tightly.
And I will work with you in every way possible --
CHAIRMAN HENNING: Thank you.
MR. SCHWARTZ: -- to work on that.
CHAIRMAN HENNING: Thank you.
MR. MILLER: Your final registered speaker for public comment
is Marcia Cravens.
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MS. CRAVENS: Good afternoon, Commissioners, and thank
you. I echo the sentiment of everyone here today, I think, in thanking
you for doing the right thing and taking this action to file a petition for
administrative hearing and to try and get a handle on how you can
regulate, how you can influence regulation for what's occurring all
over Florida.
And it's not just the Sunniland trend. There's about five different
trends in the State of Florida, I believe. Most of it's between
Southwest Florida and South Florida; tremendous amount of area that
would be concerned, and which is open for drilling and production of
oil.
The crux of it is, as others have stated, there is no rules under
which to regulate fracking or fracking-like activity for oil production.
This is a great step for this one issue for this one well of what
you're doing but, really, rule-making needs to be started to create new
rules or amend current rules so that such activity can be properly
regulated and safeguards provided.
But I do want to point out that in some other communities where
government took steps and tried to safeguard this activity -- and they
put in provisions, they put in requirements, and they thought that they
had a good handle on it, but there was always something else that they
did not consider.
So, Commissioner Nance, you're right, there's a lot of additional
things that need to be considered. For instance, where fracking is
allowed, they use filters. No one considered what do you do with
those filters? How do you dispose of them?
The disposal of those filters was not regulated. It became a huge
problem. They were getting dumped. They were finding them in
trucks on the side of the road and in landfills, and that's radioactive
material. It's very contaminated.
So, you know, there's a lot that needs to be considered. And,
frankly, although I'd very much like to see rule-making go forward,
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the Florida DEP really needs to have studies done and needs to have a
base of knowledge they don't currently have. So all of those kind of
things need to be considered.
And the first thing that we'd like to see done is the comp plan
amended so that that conditional use -- that's at least one thing that you
can do, and you could do it in a fairly short period of time.
Thank you.
CHAIRMAN HENNING: Okay. We go to the next item, which
is?
COMMISSIONER FIALA: 11E.
CHAIRMAN HENNING: Pardon me?
COMMISSIONER FIALA: 11 E.
COMMISSIONER COYLE: Would you mind if I mention this
press release from DEP and your response very briefly?
CHAIRMAN HENNING: Sure.
COMMISSIONER COYLE: Which I think is good.
I just wanted to make you all aware that the DEP is watching this
meeting, and they have put out a press release that says Collier County
Commissioners thwart enforcement action against Dan A. Hughes Oil.
Now, what they're really saying is that if we interfere, then we
are removing the mechanism currently in place for DEP to require
Hughes to perform additional groundwater monitoring and
investigations depriving the public of the important information the
study will yield.
How many months has it been since they --
UNIDENTIFIED SPEAKER: Six months.
COMMISSIONER COYLE: Six months.
How long does it take to do an analysis? So here DEP is
criticizing us saying that we're thwarting enforcement action, and
they've been sitting on their duffs for six months not doing anything.
And I think it's important that you hear Commissioner Henning's
reply in a similar press release. And it says, after meeting with Mr.
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Littlejohn, I felt FDEP was on the right track to meet with us and
address our concerns, but the newly appointed deputy secretary made
it clear FDEP officials do not, in fact, wish to participate in an open
forum, and they prefer private meetings in Tallahassee where Collier
County residents would not be able to participate.
This goes against everything all of us on the Board of
Commissioners stand for, and that is an open public dialogue to learn
what needs to be learned and take action where it needs to be taken.
So I think that is an excellent response to FDEP, and that is the
crux of the entire problem. Nobody wants to have public hearings
about FDEP's procedures and monitoring processes. And until that
issue is resolved, we're not going to be able to make much progress.
Thank you.
CHAIRMAN HENNING: Commissioner Hiller, and then
Commissioner Nance.
COMMISSIONER NANCE: Yes. And I would just like to add,
thank you for bringing that up, Commissioner Coyle. I was going to
try to give the same information to the public.
But I want to tell you why this makes me so angry. They sent
this out with the language Commissioner Coyle just shared with you.
They sent it out at 2:13 p.m., okay.
And there was a little note at the top that said, this is a courtesy
copy of a release being sent out in 20 minutes, okay.
And the final paragraph says this, after including all that
discussion: The department continues to urge the commission to
reconsider its decision; otherwise, DEP cannot move forward with
Hughes to address its concerns about the procedure.
To that end, our invitation remains open to meet with
commissioners individually, et cetera, et cetera.
I think it's completely outrageous that a state entity sends a threat
like that to your representatives in Collier County. This singularly
makes me more angry -- I receive a lot of emails from everybody
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grumpy with me, you know, wanting -- Tim, please help me with this
or, Tim, I don't like what you did or whatever.
This makes me madder than anything to have a state agency treat
me, who's trying to reach out to you and deal with our county -- this is
my home, too. This really messes me up.
UNIDENTIFIED SPEAKER: Are we allowed to clap?
COMMISSIONER NANCE: No.
CHAIRMAN HENNING: No.
COMMISSIONER HILLER: You're not allowed to laugh either,
according to Commissioner Henning.
COMMISSIONER COYLE: You can go out into the hallway
and clap.
COMMISSIONER HILLER: You can go out in the hallway and
laugh.
COMMISSIONER NANCE: I find this bizarre, because we have
actually done everything we can possibly do to reach out with these
people. These are the people that are supposed to be working with us
to resolve this. These are the people that are supposed to be in charge
and they -- they've got some serious issues. And I hope they're
watching this meeting.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Yeah. That press release from
DEP also states, Jeff, that you can't sue to revoke the permit and that
the only thing you can do is sue -- pardon me -- to amend the consent
order.
MR. KLATZKOW: I'm suing to revoke that permit. I think I've
got legal grounds to do that, and I think what I've -- I think what this
agency is doing right now is shameful, quite frankly.
COMMISSIONER HILLER: So let me ask a question. One of
the speakers brought up the issue of an injunction, and whether or not
you shouldn't simultaneously file suit in civil court to enjoin what's
going on.
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MR. KLATZKOW: I can look into that. Your general rule is
that you must exhaust your administrative process first, but I can look
into that.
COMMISSIONER HILLER: If-- but the issue is, is if you can't
deal with the permit. If they -- you know, if it's -- I think you need to
verify very, very carefully whether or not you can have -- you can
make the argument about the permit denial.
MR. KLATZKOW: Oh, I have.
COMMISSIONER HILLER: And if not, then I would say file an
injunction civilly.
MR. KLATZKOW: I have, Commissioner, and I believe we've
got the legal ability to ask that they pull the permit. They have the
ability to pull the permit. They chose not to, okay. They chose to
give a $25,000 fine is what they chose.
COMMISSIONER HILLER: Okay.
CHAIRMAN HENNING: Where are we at in our agenda?
Item #1 1 E
CONSIDER FUNDING OPTIONS FOR THE RESUMPTION OF
THE LANDSCAPE BEAUTIFICATION PROGRAM FOR
DESIGNATED ARTERIAL AND COLLECTOR ROADWAYS —
DISCUSSED
MR. OCHS: Mr. Chairman, I think Commissioner Coyle had a
request to take 11E.
COMMISSIONER COYLE: Can we take 11E, next, please?
CHAIRMAN HENNING: Sure, absolutely.
MR. OCHS: Thank you, sir. That's a recommendation to
consider funding options for the resumption of the landscape
beautification program for designated arterial and collector roadways.
Mr. Casalanguida will present. Nick?
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MR. CASALANGUIDA: Thank you, County Manager. Thank
you, sir, Commissioners.
On April 22, 2014, Agenda Item 10B, the board asked staff to
work with the OMB office to bring back a couple of options. Maybe
we should give them a minute to clear the room.
COMMISSIONER NANCE: If we can wait a minute, sure, and
clear the room.
CHAIRMAN HENNING: Sure.
COMMISSIONER NANCE: Excuse me, sir.
CHAIRMAN HENNING: Thank you.
Okay. I think we can hear ourselves.
MR. CASALANGUIDA: Thank you, sir.
Regarding Item 10B at the April 22nd meeting, you asked staff to
look at some opportunities for ways to re-fund the program if the
board wished to do so. We looked at two real options. One was
Option 1, which was your 111 Unincorporated General Fund that
doesn't include the municipalities, where we would look at four
scenarios where it would be $2 million to $5 million, what it would
impact the residents if we started the program there.
And we looked at taxable values. And so, for instance, at a $2
million annual revenue you would impact about $100,000 in taxable,
42 cents a month. So that incrementally goes up to $500,000, $2.11 a
month. At the $5 million bracket, that's $1.06 a month for 100,000 in
taxable value, all the way up to $5.28 a month in taxable value. So it
gives you quite a range there.
The other option we considered was an independent or
commission district MSTU where we'd rebalance the 111 fund to put
it into the commission district. That's a little more complicated. In
your backup material, we provided some maps that showed where
there were overlapping roads, splitting the two districts.
If one commissioner chose not to, you'd really have to kind of
balance that out and figure out a different way to do that.
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So, really, it was to give you some ideas what the impact to the
taxpayer would be with both of those options and then, really, seek
board direction. And, really, those are the only two ways to do the
program, because at the existing revenue that we have, we just can't
prioritize it towards landscaping at this time.
So with that, I'll take questions, if I could, from the commission.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yes. I would just like to express a
couple of concerns. I think that there's a third option, but, and that's to
have Commissioner Fiala's district pay for the whole thing, but --
since she brought this issue up, and I'm just joking.
But here's my concern. Those of us with municipalities in our
district, if we're using the Unincorporated Fund, means that a portion
of our district, just a portion of our district, is going to bear the full
brunt of the landscaping expenses in our district. And I think that's
unfair because, in my case, the people who can least afford it are the
people who are covered in the unincorporated area fund.
So I have a preference, if we're going to do this. And I don't have
a problem with doing it, but I would prefer that we use Option No. 2,
the MSTU approach, so that the people who will benefit most from it
will be funding it. And we already do that in most places in the
county.
And I would prefer to consider that Option 2 then to go with just
a general tax, an increase in the Unincorporated Area General Fund.
I can see some people in the county who will say, I don't want
any -- want to spend any money on landscaping in certain areas. So
the best way to handle that, I think, is to go with the MSTU concept.
MR. OCHS: Commissioner, if I could interrupt. Nick, if you'd
provide a little bit more information based on the county attorney's
statement in the executive summary.
If the board chooses the option of individual commissioner
district MSTUs, the county attorney's opined that you can't fund the
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legacy maintenance cost out of the 111 fund like you have
traditionally. You have to move, not only prospectively anything you
put in for installation and maintenance going forward, but you'd have
to also pull all of the legacy maintenance costs in your district that are
currently being paid out of incorporated area, 111 fund, and move that
into your individual commission district fund.
So when Nick said it gets a little bit more complicated, that's
why, Commissioners. And those numbers -- or those costs are not
reflected in this backup. So I just want you all to know these numbers
will go up in the individual commission district scenario.
COMMISSIONER COYLE: So, well -- but -- I think I
understand what you're saying. My preference for the MSTU would
not trigger that kind of reallocation of funding; is that not true?
It's not based on commissioner districts. It's based on MSTU, not
the commissioner district MSTUs.
MR. CASALANGUIDA: You're saying, I guess --
COMMISSIONER COYLE: Neighborhood MSTUs.
MR. CASALANGUIDA: Yeah.
COMMISSIONER HILLER: Which is what we have now
already.
COMMISSIONER COYLE: Yes.
COMMISSIONER HILLER: Like, if we have a neighborhood --
for example, there were people in my neighborhood that were
interested in building up the Vanderbilt corridor; the people around
Pelican Marsh and Mercato and so forth had a desire to create an
MSTU, and then they changed their mind and didn't proceed. But I
think what Commissioner Coyle is referring to is that kind of MSTU.
COMMISSIONER COYLE: Yes.
MR. CASALANGUIDA: He's talking an Option 3 then, really.
COMMISSIONER COYLE: That's right.
MR. CASALANGUIDA: Okay. So not really what's on the
table. You're basically saying -- suggesting that if a neighborhood
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wants it, that neighborhood would get together, similar to what Radio
Road did, and form an MSTU for that specific road segment in front
of them, but that's not what we have in front of you, sir.
COMMISSIONER COYLE: Okay. Yeah, I understand. I did
not want to do it on a commission district basis for the reason I stated
as a preface to that.
COMMISSIONER HILLER: You basically want to leave it the
way it is.
COMMISSIONER COYLE: Just do it the way we've been doing
it. And it's been very successful, and there hasn't been a real problem.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Yes. I don't want to -- I don't think
we can afford at this point to have our 111 fund impacted by
landscaping additionally. I would really like to defer a decision on this
and maybe have Nick come back and give us a little more information
on how it would impact the MSTUs if the MSTUs had to take over
maintenance. I think that would be enlightening to understand how it
would affect everybody that exists now.
But in earlier discussions, we discussed, and Mr. Ochs agreed,
that he was going to come back during our budget talks and give us a
summary of different items that needed our attention under spending
items so that we could kind of understand the challenges before us and
give some prioritization.
So I think before we start talking about how we're going to
impact the 111 fund, we should really get those documents and have a
chance to take a look at them and understand what other issues we
have before us before we do tackle spending on these MS -- on this
landscaping.
I think it might be a little bit revealing if we do that. I expect
there to be some significant surprises there that maybe folks aren't
anticipating.
CHAIRMAN HENNING: Commissioner Hiller?
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COMMISSIONER HILLER: I agree with Commissioner Nance.
I think we should have a full quantification of both options, you
know; one county-wide and the other, you know, by district. If you
were to create the district-wide MSTUs and look at that in the context
of the budget.
MR. CASALANGUIDA: Ma'am, just for clarification, yeah.
MR. OCHS: That's fine. I could tell you right now that in the
budget that you're going to get on Thursday, there is no additional
funding recommendation in my budget for next year to resume the
landscaping program.
COMMISSIONER HILLER: Right. And that's fine. And so
then the question becomes, if you can bring those total numbers
forward --
MR. CASALANGUIDA: Ma'am, there's really nothing different
I would bring to you; in other words, right now either your choice is
the 111 fund, which currently funds landscaping, you know, or the
CD/MSTU as a commission district, or to say we won't do anything,
but if a community wants to get together and form their own MSTU --
now, that geographic boundary would be based on that community's
desire.
The board's not saying they're going to impose an MSTU on
anybody. So it would be like, for instance, Pelican Marsh or people in
the area say, we want to get together with Mercato and other
businesses and we want to do Vanderbilt Beach Road. So there would
be no analysis for me to bring you unless a group stepped forward and
said this geographic area wants to come together and do that.
COMMISSIONER HILLER: I was thinking more along the
lines of we know which roads are unfinished within each district.
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER HILLER: If you had district-wide MSTUs as
opposed to, you know, localized MSTUs to finish the roads that are
not yet done, what would the cost to each individual district be?
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MR. CASALANGUIDA: It's in this package now. The maps
that show you right now -- each district has a breakout. There's one
table that has the entire county, what's left to do, and then each district
map. And I apologize, Commissioner Coyle; there was a minor error
on yours.
COMMISSIONER HILLER: We went through the maps,
because we worked through all of that during the workshop.
MR. CASALANGUIDA: Right. And I broke it down by
district. This is new. So in the package you have today --
COMMISSIONER HILLER: Okay. Put it on the -- can you put
it on the overhead?
MR. CASALANGUIDA: Sure. I can give you an example on
the viewer. This is Commissioner Fiala's --
COMMISSIONER FIALA: Could you show them also all of the
roads that you have that are included in this packet so that they can
actually see them and what needs to be done?
MR. CASALANGUIDA: Sure.
CHAIRMAN HENNING: I have it in my packet.
MR. CASALANGUIDA: Right. So you've got a district map
there. For instance, that's Commissioner Fiala's district, and it breaks
out the different links of the roads that are in her district, and the ones
that have an asterisk next to it, I've split them with the adjacent district
in terms of cost.
So you can see there's a total at the bottom both for a
construction estimate and a maintenance estimate. So that would be in
her district, assuming that any road that was split with another
commission with the asterisk was split evenly with that commission.
So the challenge, as I noted in the executive summary, if one
commissioner chose to move forward with an MSTU within the
district, if it was an abutting road and the other person chose not to,
Commissioner, then you would have a conflict with what to actually
do.
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COMMISSIONER HILLER: So -- but going back to my
question, what is the per-household cost in her district for this
improvement?
MR. CASALANGUIDA: Well -- and I guess it would be
depending on the rate you set, Commissioner. So when you say
per-household cost, the table that's on the next page of the executive
summary Option 2 gives you an idea.
If in Commissioner Fiala's district, for instance, construction cost
is roughly two-and-a-half million dollars. If you wanted to raise, in
one year, $2 million, a home that was worth $200,000 would pay
$7.84 a month. So for every 100,000 in taxable value at that rate --
and that's what that second table below provides -- they'd pay $3.92.
So the one we talked about last month, we said, what if our
homeowner was willing to pay $10 a month, I provided this table
which says, to roughly start the program at $1.5 million a year, it
would cost 88 -- $8.82 a month for a $300,000 home. So if you got a
feel based on this table, depending on how aggressive you wanted to
go with the program, what it would cost the individual homeowner.
MR. OCHS: And, Commissioners, all I was saying was that that
cost reflects what it takes to finish the program in that district and the
new maintenance -- incremental maintenance cost to maintain that
newly installed landscaping. What's not in here and what I believe the
county attorney is advising us that we'd have to roll into that is
whatever money is currently in your Unincorporated General Fund
that's going towards landscape maintenance --
COMMISSIONER HILLER: Existing.
MR. OCHS: -- in District 1, it would need to come out of 111
and roll into this individual commission district.
COMMISSIONER HILLER: Meaning the per-household cost
would be that much higher?
MR. CASALANGUIDA: It would be -- that's a net neutral cost
that would come out of the 111 portion of their tax and go into --
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COMMISSIONER HILLER: So -- all right.
MR. OCHS: So individuals would pay different 111 rates
instead of everybody paying the --
COMMISSIONER HILLER: Right. I understand that.
MR. OCHS: -- one Unincorporated Area General Fund millage
rate. That's where it starts to get a little complicated.
COMMISSIONER HILLER: I understand.
CHAIRMAN HENNING: Okay. Commissioner Coyle made the
motion to keep -- retain the existing policy, and I'll second that.
MR. CASALANGUIDA: Okay.
CHAIRMAN HENNING: I do want to say, you need to take a
look at it as a family unit. And one of the family members got laid off
from their job. It's no different than what happened to our revenues
here in Collier County.
And the county manager's been maintaining the household by
deferring repairing the roof, replacing the air-conditioning, getting
mom a new car, and so on and so forth. So now that is catching up
with us.
And now that we are seeing that we have more income, we need
to address the backlog; however, I feel confident in the future years
we will have the money to start up programs that we have deferred
over and over. It's a matter of priority. That's all it is is a matter of
priority, and the priority is maintaining the assets of the community.
That is what we are charged with in Florida Statutes.
So, Commissioner Fiala?
COMMISSIONER FIALA: Yes, landscaping being one of our
assets. And I hear where everybody's going. I can see I don't even
need to fight for that. But what I do need to say is I would hope that
our maintenance of our landscaping will improve, because maybe the
medians that we already have in place would look better if they were
maintained properly and regularly.
And instead of-- you know, you can't have tree limbs hanging
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out of trees for a month at a time, and -- you know, they need to be
mowed, not every six or eight weeks, but regularly. So maybe if
nothing else, you could at least maintain the ones that we have.
I've heard the people, and they would like -- I get a lot letters
from actually all over the county, a lot of them on Immokalee Road
and a lot on 951 saying please landscape our roads, okay.
And I was hoping to start that venture forward, but as long as it
seems I can't, I at least ask that you maintain the roads that we do have
landscaped, because this is an asset to our community. And let's face
it, we're known around not only the State of Florida but about the
country for our beautiful -- our beautiful community. They can't see
the pipes under the ground, but they can see the landscaping.
MR. CASALANGUIDA: Ma'am, just real quick on that. I make
it a point to run the burn rates with all of our departments, and last
year we had less than $100,000 left in the landscape budget of almost
a $5 million budget.
So at the level we outsource at is at the level we execute at. So I
couldn't do more at a higher maintenance rate with the budget I have
right now.
So I want you to be aware of that. I want to keep it as pretty as I
can, but I'm expending almost every dollar the board gives me in
outsourcing that maintenance, ma'am.
CHAIRMAN HENNING: Commissioner --
COMMISSIONER FIALA: Did it cost us as much when we had
it in-house, or did it -- I know we looked better when we had it
in-house, but have we saved a ton of money as we outsourced it?
MR. CASALANGUIDA: Ma'am, I haven't done a breakeven
analysis since then, but my guess is that number was in the 60- to
$70,000 a mile range, and we're about 43- right now.
COMMISSIONER FIALA: Okay.
MR. CASALANGUIDA: So it's still getting -- it's still cheaper
to outsource now. And I have more control if it's in-sourced, but it's
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still cheaper to outsource right now.
COMMISSIONER FIALA: And we can't do anything about
improving the way they maintain it?
MR. CASALANGUIDA: I can stay on top of them, but like the
limbs, they're $15 every time I ask one of them to go out there. So
they charge per service per fee. So I just wanted to let you know that,
because we do take pride in it. It's just the budget has to last the
12-month period.
COMMISSIONER FIALA: Okay.
CHAIRMAN HENNING: Commissioner Hiller, then
Commissioner Coyle.
COMMISSIONER HILLER: If a district commissioner would
like to have district-wide MSTU with the understanding that they
would have to then carry the maintenance cost as part of that
per-household charge, could they do that? Could we have a hybrid
approach where, for example, if Commissioner Coyle, you know, in
his district would like to have localized MSTUs and Commissioner
Fiala would like to have a district-wide MSTU, could we allow for a
hybrid approach? Because maybe, you know, that would work as a
solution.
MR. CASALANGUIDA: That would be Option 2, and you
could do that. Now, remember, the board would approve the MSTU,
and then the expenditures every time we'd come back to the board for
the enhancements.
COMMISSIONER HILLER: But what I'm saying is that we
have a hybrid approach where we -- if-- for example, if my district
doesn't need a district-wide MSTU but Commissioner Fiala's does,
could we have two approaches?
MR. CASALANGUIDA: Yes.
COMMISSIONER HILLER: Or would that be too burdensome?
MR. CASALANGUIDA: Well, it's an accounting. As the county
manager and I discussed with OMB, it's a lot of accounting work.
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And when you've got a --
COMMISSIONER HILLER: It wouldn't be that difficult,
because -- and the reason I say that is because if, for example,
Commissioner Fiala wanted a district-wide MSTU and you would
have to transfer over the maintenance --
MR. CASALANGUIDA: 111.
COMMISSIONER HILLER: -- costs, what you would do is you
would separately bid the maintenance for the landscaping in her
district, the maintenance, separately.
MR. CASALANGUIDA: It could be done. It could be done.
COMMISSIONER HILLER: And then it would be just in a
separate account. I mean, it's not really a big deal. It's just a couple --
COMMISSIONER FIALA: Well, let me just, though,
Commissioner Hiller -- I only have one small street to have
landscaped --
COMMISSIONER HILLER: Okay. I'm just asking.
COMMISSIONER FIALA: -- and that's only -- on 951, and it's
only up to -- only up to Naples Lakes. After that becomes
Commissioner --
COMMISSIONER HILLER: So you're not even interested in
that. I thought you were.
COMMISSIONER FIALA: -- Henning's district. You know,
same with -- in East Naples, that Rattlesnake Hammock, I mean Santa
Barbara, there's none of it in my district. It's all in Commissioner
Henning's district.
So, you know, I'm just talking about the entire county. I'm
affected in a very small way.
COMMISSIONER HILLER: Okay.
COMMISSIONER FIALA: But --
COMMISSIONER HILLER: Well, then, in that case I'm going
to make a motion that we adopt Option 3, which is the one
recommended by Commissioner Coyle, which is keep things the way
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they are.
MR. CASALANGUIDA: Status quo.
CHAIRMAN HENNING: Well, there's already a motion and a
second.
COMMISSIONER HILLER: Oh, was there?
CHAIRMAN HENNING: Yeah.
COMMISSIONER HILLER: What was the motion?
CHAIRMAN HENNING: The same motion that you wanted to
put forward.
COMMISSIONER HILLER: Really?
CHAIRMAN HENNING: Yep. Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I was --
COMMISSIONER HILLER: Someone -- so does that mean we
win?
COMMISSIONER COYLE: I was --
COMMISSIONER HILLER: Did you make that motion?
COMMISSIONER COYLE: Yes, I did.
COMMISSIONER HILLER: Oh, well, I'll -- do you already
have a second? Now you have a third. You just won.
COMMISSIONER NANCE: Aye.
COMMISSIONER COYLE: I want to make sure, because I'm
confused now.
COMMISSIONER HILLER: Okay.
COMMISSIONER COYLE: I was going to ask the same
question Commissioner Hiller asked, but I don't understand the
answer, and I don't understand the impact of the motion.
If you select Option 2, which is the commission district MSTU --
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER COYLE: -- does that mean I have to set up a
commission district MSTU, or can I leave it exactly the way it is right
now?
MR. CASALANGUIDA: The Option 2 is if one member, such
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as yourself, sir, said I want to proceed with landscaping, my
constituents, they want to move forward, we'd put a resolution on the
board to form an MSTU within your district.
COMMISSIONER COYLE: It doesn't affect the other districts?
MR. OCHS: Correct.
MR. CASALANGUIDA: That's correct.
COMMISSIONER COYLE: So Commissioner Fiala could, in
fact --
COMMISSIONER HILLER: If she wanted to.
COMMISSIONER COYLE: -- set up an MS -- a district-wide
MSTU for her, but it would apply only to the unincorporated area; is
that correct?
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER COYLE: Okay. So if I wanted to just retain
things the way they are in my district, I would have the flexibility to
do that if you -- if we approved Option 2?
MR. CASALANGUIDA: Right. Option 2 just basically says it's
one of you said, I like Option 2, they would make a motion. If the
board supported them, you could go forward and do that. And you
would stay the same, sir.
COMMISSIONER HILLER: So we don't -- you're just
presenting what those options are. I mean --
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER HILLER: -- in other words, we're not
making any decision that that's the approach we're going to take.
CHAIRMAN HENNING: Are you done, Commissioner Coyle?
COMMISSIONER HILLER: It's just prospectively if we decide
to do it.
COMMISSIONER COYLE: I think so except for --
COMMISSIONER HILLER: I think there was some confusion
in the presentation.
COMMISSIONER COYLE: -- if I can get -- turn off her button
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or something, would you? It would be better if we just turn off her
mike.
CHAIRMAN HENNING: Yank on her microphone cord?
COMMISSIONER COYLE: But -- okay. The final thing is you
have to be able to tell us, particularly Commissioner Fiala, what the
cost ramifications are for doing that.
MR. CASALANGUIDA: Okay.
COMMISSIONER COYLE: Okay. And that's where the
accounting begins to get a little bit complex.
And we just need to understand it. I mean, I don't need to
understand it. If Commissioner Fiala wants to proceed with a
commission district MSTU, then I would support that. I just want to
make sure that you, you know, provide all the information about what
that means as far as allocation of costs.
MR. CASALANGUIDA: And, sir, I used her district as the
example on Page 2 of the executive summary. So that would be the --
if Commissioner Fiala wanted to move forward and she says, I -- you
know, I want to start the program at a million dollars a year, that
taxable value table shows you what it would cost her citizens at each
rate for a hundred thousand. And, obviously, you could carry --
extrapolate out past 500,000, but you could see what it would be in
that second table.
COMMISSIONER COYLE: Well, her total cost for construction
of all of the streets is about 2.5 million.
MR. CASALANGUIDA: That's right.
COMMISSIONER COYLE: So she could make the decision
that she wanted to start out with a million dollars initially --
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER COYLE: -- and then structure it that way,
right?
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER COYLE: Okay. I'll support that process.
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CHAIRMAN HENNING: And we can't deter a commissioner
from bringing anything. That's why we have the commissioners'
agenda, part of it; if a commissioner wants to bring forward a district
MSTU, so be it.
COMMISSIONER HILLER: Right.
CHAIRMAN HENNING: You know, and I'll support any
commissioner who wants to do that.
MR. CASALANGUIDA: Okay.
CHAIRMAN HENNING: So, anyways, any further discussion
on the motion?
COMMISSIONER HILLER: Well, what exactly is the motion?
COMMISSIONER COYLE: Motion --
CHAIRMAN HENNING: The motion that you thirded, which is
COMMISSIONER FIALA: Do nothing.
COMMISSIONER NANCE: It stays as it is.
CHAIRMAN HENNING: Keep the same policy.
COMMISSIONER FIALA: Keep the same, same as it is now.
COMMISSIONER COYLE: No, no, no. It's to approve the
commissioner district MSTU concept, and that means that if you want
to set up an MSTU to fund your landscaping, you can do that. You
don't have -- you don't have to be worried about what the rest of us
want to do. I might want to keep mine the same, but you can go ahead
and set up your MSTU if you want.
COMMISSIONER HILLER: Well, we don't even really need a
vote on that, because any commissioner can bring that forward for
their district as-is. So it's not even -- this is not even a voteable issue.
I mean, this is really just informational.
CHAIRMAN HENNING: And it has to be voted on by the
Board of Commissioners.
COMMISSIONER COYLE: Yes, yes.
COMMISSIONER FIALA: Okay.
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COMMISSIONER HILLER: Right. So there's no motion that's
really required.
COMMISSIONER COYLE: Well, can't we offer guidance at
least to the staff to produce the appropriate information for
Commissioner Fiala if she wants to set up an MSTU?
COMMISSIONER NANCE: Sure.
MR. CASALANGUIDA: We would do that now, sir.
COMMISSIONER COYLE: Do you think you want to do that,
Commissioner Fiala?
COMMISSIONER FIALA: That would be nice, because what
I'll do then is call a town hall meeting for just my district and talk to
them and see if they want to pay that -- I think it was like $8 a month,
and have the road finished that we need to get done, and maybe even
they'll want to maintain the ones we have a little bit better. Okay.
MR. OCHS: Very good.
COMMISSIONER FIALA: I'll ask them.
CHAIRMAN HENNING: Okay. Great.
MR. CASALANGUIDA: Very good. Thank you.
CHAIRMAN HENNING: Next item?
Item #9A
ORDINANCE 2014-22: (CP-2013-1, NAPLES RESERVE)
REVIEW AND CONSIDER APPROVING (ADOPTING) A
PORTION OF THE 2013 CYCLE 1 OF GROWTH
MANAGEMENT PLAN AMENDMENTS - BUCKLEY AND
NAPLES RESERVE PROJECTS — ADOPTED
MR. OCHS: Next item is Item 9A. It's a recommendation to
review and consider approving, that is adopting, a portion of the 2013
Cycle 1 of Growth Management Plan amendments, both the Buckley
and the Naples Reserve projects.
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Mr. Bosi reminds me we should hear each, Buckley and the
Naples Reserve, projects separately, Commissioners.
The first item we'll take is the Naples Reserve Growth
Management Plan Cycle 1 amendment.
COMMISSIONER HILLER: Motion to approve.
COMMISSIONER FIALA: Second.
COMMISSIONER NANCE: I have some questions.
Yes, Mr. Yovanovich, I want to discuss the -- this is Naples
Reserve, right? I want to talk about, where did we end up with the
percentage of TDRs that are going to be used from the urban fringe
area?
MR. YOVANOVICH: Here's where we left off. I believe the
initial discussion was 40 percent.
COMMISSIONER NANCE: Yes.
MR. YOVANOVICH: And then you said go talk amongst
yourselves.
COMMISSIONER NANCE: Did you talk amongst yourselves?
MR. YOVANOVICH: We did.
COMMISSIONER NANCE: And what did you arrive at?
MR. YOVANOVICH: We approached it from a perspective of
what can we afford to pay which would allow us to back into a
percentage. Because whatever percentage you put there, if the
purchase price of the TDR doesn't make business sense, a percentage
didn't make any sense.
So where we ultimately arrived at was there was no agreed-upon
consensus as to a percentage to acquire from within the one-mile area.
And let me kind of get to where we -- how we got there. Since
our last meeting, we sent out letters to everybody within that one-mile
area and said we would like to buy your TDRs for $12,500 a TDR.
That's market rate, what we could afford to throw on top of the price
of the house within the Naples Reserve project and make it work.
And Mr. Mulhere can correct me if I get anything factually
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incorrect.
We received about six or seven inquiries, and none of which said,
we are willing to sell you a TDR at $12,500 a TDR.
So we attempted to reach out to all the small property owners to
see if there was an interest from the small property owners to sell to
us. There was not.
We also had a discussion with one of the larger property owners
-- and I'm sure she's here to speak -- about acquiring TDRs from them.
By the time we got close to an acceptable price, we, frankly, ran
out of time and had to -- we entered into an agreement to acquire
TDRs at a price we could afford to pay subject to whatever today's
vote will ultimately be.
We then went to the Planning Commission and went through the
process again. Your staff agrees that there aren't enough TDRs out
there today to satisfy the demand, so you're going to need to open up
the project or the area anyway.
There was a motion, I think, initially at 40 percent on the
Planning Commission. I can't remember if that got a second or not or
-- in the process it was then modified down to 30 percent, and I think
there was a motion and a second at 30 percent, and that failed. You
know, basically -- I don't know where that 30 percent number came
from, but it failed.
So we were unable to agree to a certain percentage of TDRs that
we would buy from within that one-mile area because we couldn't
arrive at a price that made fiscal sense. So we couldn't back into a
percentage. I know that's a long-winded answer, but I wanted to
explain why we couldn't --
COMMISSIONER NANCE: You started off the conversations,
sir, in the meeting, you said you offered 40.
MR. YOVANOVICH: I did not offer 40 percent.
COMMISSIONER NANCE: You said -- you want me to read
what you said?
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MR. YOVANOVICH: Commissioner Nance, let me finish,
please.
What happened was there were four of you here, and at that
point, who knew where the discussion was going. And Ms. Bonness
said it was her proposal of 40 percent.
And what I said is, well, we may as well just take the 40 percent
for purposes of transmittal. I did say that. We may as well just take --
I think --
COMMISSIONER NANCE: I know you did.
MR. YOVANOVICH: Yeah, I know I said that. And that was --
frankly, there was a vote of you-all not to include the 40 percent and
said, go talk amongst yourselves and come up with a percentage.
That's what the direction was.
COMMISSIONER NANCE: Well, I know, sir, but the
contemplation was it was not going to go to an undetermined amount
that was going to be determined by the market, because we have a
plan here that was designed to compensate these people within the
closer-in area to make sure that they received additional
compensation.
If it was just designed to be at market rate to whatever a
petitioner felt like he could afford for his project, how were we going
to compensate these people for their more valuable development
rights?
MR. YOVANOVICH: The way it's going to work -- the way it
works, economically, is you can -- you can limit an area and give
someone a monopoly, and that's effectively what you're doing is
you're giving a limited area, and you're saying to that seller you get to
dictate the purchase price, because I can only go to sellers within a
limited area.
What will happen is, if someone says to me -- I think I used this
analogy before -- you know, I own this wrist watch and I could say,
you know, Commissioner Hiller can adopt a regulation that says you
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can only buy a wrist watch from Rich Yovanovich. And I could say I
want a million dollars for this wrist watch. You'll go without a wrist
watch because I don't think you're going to pay me a million dollars
for this wrist watch.
You didn't -- you gave these people the opportunity to sell to
whoever they want anywhere in receiving lands, but you limited me as
to who I could buy from. And you've given them a position where
they could say, you know what, go without the TDRs, which is --
which is, frankly, I'm not sure, is legally supportable. But forget the
law; let's talk about a fairness.
Because now you're saying to us, pay or you can't buy TDRs
from anybody else who's willing to sell them to me. So,
mathematically, what will happen is if we have to do 100 percent
within this one-mile area and we can't arrive at a price that makes
fiscal sense to buy it, there will be 281 TDRs that will get unused,
because someone will not go buy them -- because I can't go buy them
from somebody else who's willing to sell them to me at a price that
makes economic value.
You haven't hurt the person in the one-mile area, because I can't
afford their purchase price anyway. If they set the price at a value that
I can't afford to pay, you haven't hurt them. I wasn't going to buy it
from them anyway. Just because you limited my area, you haven't
hurt them.
We reached out. We sent letters out to everybody within that
one-mile area and said we would like to buy TDRs from you. Sever
them. We'll pay you what we can economically afford to pay. They're
not interested in doing it.
COMMISSIONER NANCE: Where are you going to get your
TDRs from?
MR. YOVANOVICH: We'll get them from one mile -- we'll get
them from beyond the one-mile area.
COMMISSIONER NANCE: Do you already have them
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arranged for?
MR. YOVANOVICH: Yes, sir.
COMMISSIONER NANCE: And who are you going to buy
them from?
MR. YOVANOVICH: We're going to buy them from Mr. Bauer,
who is also one of the primary owners of TDRs within the one-mile
area.
So he has said to me, I'm okay with changing the program, going
down to zero percent. I'll keep -- if I think I have a better value for
those within that one-mile area, I'm going to keep those. I'm willing to
sell you beyond the one mile.
COMMISSIONER NANCE: The problem that I have here is
we're going in. We have a program. We tried to protect these people.
We tried to protect all the little property owners in here that were
forced to accept TDRs in lieu of the development rights of their
property.
We're going to go in. We're going to do something here. And
what we do with you, we're going to have to do with everybody else.
This is going to -- I'm very concerned that before we get this restudied
we're going to set a precedence here.
And the uncomfortable place that the county is is the county has
gone in and started assigning values to these things. We went out and
we assigned a $25,000 value to the TDR, okay. What did that do?
That shot us right out of the saddle, because it doesn't work. It doesn't
work.
So if I make an exception to you after you've already come in
here and said, okay, look, I'm going to get 40 percent -- we've going to
have this thing work at least somewhat -- and we go to zero, what's
that going to do to the whole program? It's going to crash the whole
program here.
We just simply can't -- I'm afraid that we just simply can't do
that. I don't think it's fair to the people that are out there who have
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relied upon this program. They have made their plans and relied on
this program, that they were going to have an opportunity to somehow
capture more value from their development rights that are worth more
because they're closer in.
And now we're just -- we're throwing that away, and I'm very
uncomfortable with that. I think we need to go back to something
that's reasonable, and I just don't like this -- I just don't like the whole
change in the plan at this point. It needs to be restudied. And I don't
want to hold up your project.
MR. YOVANOVICH: No, I mean --
COMMISSIONER NANCE: But we've got to come up with
something reasonable here. You've had a chance to go out and do it,
and I don't think we ended up where we thought we were going to get.
MR. YOVANOVICH: Well, can I -- and I don't want to -- I
think Ms. Hiller is about to say something. I don't want to --
CHAIRMAN HENNING: Yeah, no. That was a comment. That
was Commissioner Nance's comment.
MR. YOVANOVICH: Okay. I wasn't sure if that was a question
or if I was supposed to respond to it.
CHAIRMAN HENNING: It wasn't a question.
Commissioner Hiller?
COMMISSIONER HILLER: Yeah. When the county set up the
TDR program and conservation easements were placed on these
people's properties, in exchange, they received value. The value they
received was a certain number of TDRs per acre valued at what the
then value of those TDRs were, which was determined by the board to
be 25,000.
So if a parcel of land had an easement imposed on them and there
were so many acres and, as a consequence, so many TDRs were
assigned, they would get, in effect, compensated 25,000 times the
number of TDRs they received. That was the compensation so it
wouldn't be deemed a takings.
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From that point forward, it's a free market. We can't fix the price.
We're not fixing a base price or a top price. We determined the value
by way of TDRs times 25,000 at that point in time as compensation to
avoid having a takings claim made against government. And now at
this point it's a free market.
So, you know, your ability to negotiate is not something we can
control. We can't engage in price fixing subsequent to, in effect, the
compensation that we made at that time.
So I think -- I don't think we can legally do what you would like
done, Commissioner Nance. I don't think we can legally deny them
the right to freely alienate their property rights at whatever the current
market value is. And if the market value is whatever they freely
negotiate, how can we deny that?
COMMISSIONER NANCE: Well, the program calls for them to
get their development credits from a certain area. That's what the
program calls for, and they don't want to do that because they've got a
split piece of property. They've got part in one world and part in the
other world.
COMMISSIONER HILLER: And I'm not sure that we can
legally do that either. That would be like me buying a house in Island
Walk and being told that the, you know, only person that can buy my
house from me is someone else in Island Walk. There's no difference.
And that would be government saying that, and we can't do that.
CHAIRMAN HENNING: We've done that through the Growth
Management Plan.
COMMISSIONER NANCE: That's where we are.
CHAIRMAN HENNING: It hasn't --
COMMISSIONER HILLER: This is an amendment.
CHAIRMAN HENNING: It hasn't -- and it hasn't been changed.
That policy of where they buy the TDRs is in the Growth
Management Plan.
COMMISSIONER HILLER: Well, this is --
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CHAIRMAN HENNING: And if you want to talk to staff about
that, you're more than welcome to.
COMMISSIONER HILLER: This is a Growth Management
Plan amendment to allow exactly what these people are saying. So,
you know, as it relates to these other projects, we can discuss the
legality of those as they come up, if they ever do come up. But as of
right now, I don't see how we can restrict these people's ability to go
out and either sell where they want or buy where they want. And we
have an amendment here --
CHAIRMAN HENNING: Again, it's already in the Growth
Management Plan.
COMMISSIONER HILLER: Well, you-all adopted this going to
the state saying it was okay to do so, and I researched it subsequently,
and you were right.
CHAIRMAN HENNING: It's in the Growth Management Plan
that in the urban fringe -- they must buy the TDRs within the urban
fringe, okay.
COMMISSIONER NANCE: And there was discussion about
what percentage the petitioner should have to use based on their
property. And they walked in here; Mr. Yovanovich said, look, we've
already offered 40, so why not just say we'll get 40 percent of our
qualified TDRs from the yellow, and we'll get their other 60 percent
from wherever we want to get them.
Now, what happened after that?
MR. YOVANOVICH: I will tell you. What happened after that,
I wrote a letter to everybody in that one-mile area, and I can't get to 40
percent. I can't find sellers that are willing to sell me 40 percent of the
281 TDRs I need.
COMMISSIONER NANCE: Mrs. Bonness will not sell to you?
MR. YOVANOVICH: I just talked to her. She doesn't have any
left, okay. So -- and she had anywhere between 60 and 90, okay. So
that's 90 of what I needed. I can't -- Commissioner Nance, if I could
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find them at a purchase price that made sense, I certainly would have
come to you and I would have said 40 percent I can live with. If I
could live with 20 percent, I would tell you I could live with 20
percent. I can't find them.
That's my problem is I can't find -- you're asking me to do
something I can't find. So it becomes a zero-sum game. If I can't -- if
you leave it the way it is, there will be 281 less TDRs sold in the
marketplace. That's the way it will work.
Now, if you want to do a 10 percent requirement, you know,
maybe I can go find 10 percent, but I certainly can't find 40 percent.
COMMISSIONER HILLER: But -- I'd like to finish my
comment and that is, you can't have six of one, half a dozen of the
other. You can say, oh, well, we can break the rule halfway. We can
change the plan halfway, and that's okay, but we can't do it all the way
or we're not going to do it at all. I mean, you can't have six of one,
half a dozen of the other.
COMMISSIONER NANCE: No. Commissioner Hiller, the
piece of property is bifurcated. It's half regulated by one set of rules
and half the other.
COMMISSIONER HILLER: Oh, I understand that.
COMMISSIONER NANCE: That's how we ended up at 40
percent. The 40 percent is actually the part that's in the urban zone.
The other part's in the rural zone and should rightfully get their TDRs
from the rural area. That's the way it was set up. It's not just an
arbitrary number. It's based on the fact that this is an oddball piece of
property that's split.
CHAIRMAN HENNING: Okay. Do we want to hear from
public speakers? Are you all ready, ladies and gentlemen, boys and
girls?
How many public speakers?
MR. MILLER: I have two registered public speakers, Mr.
Chairman. Your first one is Maureen Bonness. She will be followed
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by Paul. And, forgive me, is it Costanmeo?
MR. COSENTINO: Cosentino.
MR. MILLER: Cosentino.
MS. BONNESS: Good afternoon, Commissioners. I am the
owner of 90 TDRs in the qualified area within the one-mile zone.
They have not been sold. They are for sale. And the highest bid that
we have been given is 13,500. So that's the current rate that I consider
those TDRs to be worth.
And I consider that also to be the price of developing maximizing
density in the urban residential fringe. How else are -- the property
owners that had their rights taken away that had formerly higher-value
land, how are they going to be compensated except by the developers
who now are -- have that right to develop, are utilizing that density?
And the county has already decided that those two zones, which
are adjacent to each other, would be swapping. So you've got the
development rights taken away from one, and then given priority for
those property owners that lost their rights to be able to sell their rights
to the adjacent developers.
And you've decided that already. You recognize that land as
having more value, and I believe you should follow through with that
commitment because those owners of the formerly higher-value lands
have had a lot of rights taken away, and you face the possibility of a
legal challenge if their rights aren't at least somehow compensated for.
COMMISSIONER HILLER: But they compensated when you
received TDRs valued by the market at a certain price at that time.
There was no takings. The fact that you now are demanding a certain
price and you've got a buyer who doesn't want to pay that price is
between you and that buyer.
MS. BONNESS: If there's no buyer for the TDRs -- as far as I
know, these people have owned these properties for 10 years since the
program was let, and now in the last six months they've received
letters. This is the first time at all. And if there's no requirement today
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to require urban residential fringe developers from using those, they
will not have any offers.
COMMISSIONER NANCE: So the $25,000 was considered to
be 12,5- for the TDR and 12,5- for early-entry credit, right?
MS. BONNESS: You have to ask the other people why they set
the 25,000. The 25,000 is -- yes, it's a pair of a base and a bonus.
COMMISSIONER NANCE: A base and a bonus?
MS. BONNESS: Yes.
COMMISSIONER NANCE: So what do you want to sell yours
for?
MS. BONNESS: For a base and bonus, right now our offer is
27,000.
COMMISSIONER NANCE: Okay. So we're fighting over the
difference between 25- and 27,000. So, Mr. Yovanovich, how many
do you need?
MR. YOVANOVICH: I don't know; am I allowed to respond?
COMMISSIONER NANCE: Sure. I'm asking you.
MR. YOVANOVICH: No, you're still talking. I didn't want to
interrupt you; that's why I was asking.
CHAIRMAN HENNING: Boy, it's really going great today.
You know, we're moving right along here, and --
COMMISSIONER COYLE: Just think, the last meeting we got
out before noon, though.
COMMISSIONER NANCE: We're making up for it.
MR. YOVANOVICH: And I just -- I'll answer the question
through the chair, because I know that's the right way to do it, I think.
Out in the hallway I asked Ms. Bonness if she was selling those units
to somebody at 13, 5-, and I think her answer was yes, unless she gets
a higher offer. Is that fair?
MS. BONNESS: Thirteen thousand five hundred.
MR. YOVANOVICH: Now, my assumption is that means she's
already committed to someone else to sell them the 13,5-. So I don't
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know that I could come in and say, let me jump in front and take those
13,5-. But even if I could, that's 90. That is -- that is not even -- how
do I -- that's what percentage of 311. That's -- it's not even a third.
So I mean, you know --
COMMISSIONER NANCE: So you've got to get the balance of
25,000?
MR. YOVANOVICH: No, I'm not paying 25-. If I could afford
to pay 25-, I would have paid Ms. Bonness 25- a long time ago where
she first started at.
We're going to go -- we're going to buy them at a -- we've got a
contract to buy the TDRs we need. If we need to do a percentage, you
need to put it at a percentage I can attain. I think she's already
committed to someone else at 13,5-. I don't know that that would be
fair for me to now say, let me jump in front of that person at 13,5-.
CHAIRMAN HENNING: Maureen, are you complete with your
time?
MS. BONNESS: Yes. Thank you.
CHAIRMAN HENNING: Yes, okay. Thank you.
MR. MILLER: Your next speaker is Paul Cosentino.
MR. COSENTINO: Right.
CHAIRMAN HENNING: You have three minutes, sir.
MR. COSENTINO: Okay, thank you.
We purchased land through the Gary Edwards Trust, a few of us
investors, in the mid '90s to late '90s. Our intention was to develop the
land. We paid extra -- a little higher prices in order to be in land that
was more likely to be developable. That put us in the one-mile, I
guess, urban fringe -- or rural fringe, rather.
Everything changed. The commissioner -- those rights were
taken away from us. It was determined at that time that just
compensation was that anyone who wanted to develop within that
urban fringe, if I got the wording right, had to come to us. So we got a
little extra benefit, but we paid for that benefit because we paid more
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for our land than, say, someone who bought land that was way far out.
And now you're talking about taking that away from us. That
little benefit we had, now you're talking about taking it away, and it's
just not fair.
There's a lot of small independent owners there who -- in fact,
speaking for the people -- some people who invested with us have paid
a lot more for their land that now the TDRs are going to make sense
for them.
There's a lot of small, independent owners, and we're taking the
money out of their pocket in order to give to a developer, and is that
doesn't make sense to me. It's not the right thing to do, and that's
where we stand.
We're willing to sell. He -- this purchaser put out a price, take it
or leave it. We didn't take it. We're willing to talk.
And, you know, in our case we have -- well, 65 acres, so it's, you
know, maybe -- whatever the number is, 26 or 24 TDRs, but
nevertheless, we're willing, as I'm sure a lot of other people would be
willing to sell, but not necessarily at the price that he offered, which
he's offering a price that he could buy the very cheapest TDRs for, and
these are cases where that land was purchased for probably very little
money.
So I encourage you to not change the program, to leave it the
way it is. It certainly will be better for the interest of the small,
independent owners, landowners. Thank you.
CHAIRMAN HENNING: Thank you. Did the commission
want to hear from staff?
I hear one.
Mr. Yovanovich, you want to wrap it up?
And there was a motion, I know, by Commissioner Hiller to
approve. Was there a second to that motion?
COMMISSIONER FIALA: Yes, I seconded today.
CHAIRMAN HENNING: You did. Okay. Thank you.
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MR. YOVANOVICH: Can I just say one thing in response to
the last speaker?
CHAIRMAN HENNING: Sure.
MR. YOVANOVICH: When the program was initially
established, they were given one TDR at a value of$25,000 for their
five acres. That's how the program was originally established.
The program was then modified to allow up to four TDRs for the
property. You got one as your base, one as your early entry. We
offered these -- and that 25,000 was at a very high market. It was a
good market. They were going to get $25,000 in exchange for
becoming sending lands.
We offered them $25,000 when we sent our letter out, because
they have two TDRs at 12, 5- a piece. We offered them what they
were originally given by you-all, which was 25,000 to go into the
sending lands program.
We got no takers. We tried. We are certainly willing -- you
know, we think that at some point you've got to recognize that the
market does need to play a factor in the purchase price for TDRs. We
can't be beholden to somebody who's going to say, we've got it and
you've got to pay us what we want, or you don't get it. And at some
point it becomes we won't get it.
A 40 percent percentage, after knowing what I know now, after
sending out letters and saying I can't achieve it -- Commissioner
Nance, I can't achieve 40 percent. I can't get there.
CHAIRMAN HENNING: Okay. Is there any further discussion
on the motion? Commissioner Coyle?
COMMISSIONER COYLE: I just have a question.
We established the $25,000 as sort of a benchmark process at a
time when we had no way of assessing the market. Is it fair to believe
that that $25,000 price should continue to be applicable even today or
during the depths of the recession?
Isn't it true that once the program was established, it should be
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the market that establishes the price and not some artificial target
number established by the commission 10 years ago?
MR. YOVANOVICH: I think that's what happened is you threw
out a number, and everybody heard that number. And when -- the
intention, I think, was, by adding the three other TDRs, you were
going to actually help these people get to the 25,000 you originally
had offered up for the one.
What people heard was the 25-, and now they've multiplied it by
four. So they think they went from a $25,000 piece of property in
close to what they think is a $100,000 piece of property in close, and
that's what we're battling. We're battling that number that's out there
that I can't -- psychologically can't get these people to understand the
market really needs to decide what we can afford to pay and who we
can afford to buy it from. I mean, it's not working.
COMMISSIONER COYLE: But they're not selling the property.
They're selling a development right, and they continue to hold the
property.
MR. YOVANOVICH: And --
COMMISSIONER COYLE: Now, what can be done with that
property?
MR. YOVANOVICH: Once they sell me the development right,
they can't do anything on the property.
COMMISSIONER COYLE: Nothing?
MR. YOVANOVICH: It becomes a conservation piece of
property. Right now what will happen, which nobody really wants to
happen, is these smaller properties in that one-mile area have a greater
value as a home. People will build homes on those lots and in other
sending lands, too. They'll build homes. If we don't buy the sending
lands, it doesn't go to conservation. A house gets built on it, or
something else.
COMMISSIONER COYLE: Let me make sure I get this right.
They've got four TDRs for five acres?
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MR. YOVANOVICH: They get -- yeah, but one of them they
have to clean the property up.
COMMISSIONER COYLE: Okay.
MR. YOVANOVICH: And the second one they've got to find an
agency that will take that piece of property. And every agency pretty
much says, we'll take from you, but it needs to come with an
endowment of money.
So you've got to pay the cleanup credit and then you've got to
pay money to beg someone to take it. So basically you're only -- on
these smaller pieces, you're only going to get the base and the early
entry because they can't -- they can't afford to clean it up and pay an
agency to take the land from them. Fair?
COMMISSIONER COYLE: Well, let me back up. Can you get
one TDR off the property and retain one to build a home on that
property?
MR. YOVANOVICH: No.
COMMISSIONER COYLE: No. There's no way --
MR. YOVANOVICH: No. You can't unless you have more than
40 acres.
COMMISSIONER COYLE: Yes, okay. But if you have a
smaller parcel, you can't do that?
MR. YOVANOVICH: You cannot do that.
COMMISSIONER COYLE: But if you have more than 40 acres,
which I presume most of these people do --
MR. YOVANOVICH: Do not.
COMMISSIONER COYLE: They do not?
MR. YOVANOVICH: They're all small. That's the problem is
they're all small.
COMMISSIONER COYLE: Well, not the people who've spoken
here.
MR. YOVANOVICH: No. In the one-mile area?
COMMISSIONER COYLE: Yeah.
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MR. YOVANOVICH: Predominantly -- I can't give you an
exact percentage, but I'm sure that greater than 50 percent are less than
that 40-acre threshold.
COMMISSIONER COYLE: Okay, all right. You've got a
problem.
MR. YOVANOVICH: Well, the county needs to -- honestly, I
have a project that's ready to go and has to decide how dense it's going
to be. You have -- you do -- we need to restudy this on a global issue,
but this project's --
COMMISSIONER NANCE: Rich, as you know, I'm working on
it.
MR. YOVANOVICH: I know you are, and we're trying --
COMMISSIONER NANCE: But what I'm not willing to do,
Rich, is I'm not ready to break this thing now and have it remain
broken. You know, if we go to free market then, you know,
everybody -- the developer's going to go, hey, you know what, I'll
give you a dollar for your development rights, and then this little guy
that's left out in the country that had a piece of property who
absolutely has nothing to say about any of this, he is going to get
whatever he gets. He's not going to be like you. He's not going to be
in here with a staff and attorney and everything else.
He has been given whatever he's gotten from the county, and
that's where he sits. So we are discussing today how he's going to be
treated, and I'm not ready to throw this guy under the bus right now
even for you.
CHAIRMAN HENNING: And he doesn't need to sell. Is that
the point you wanted to talk about?
COMMISSIONER NANCE: Yes.
CHAIRMAN HENNING: Okay. Now, whose district is this?
COMMISSIONER NANCE: This is Commissioner Fiala's
district, I believe.
CHAIRMAN HENNING: Okay.
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COMMISSIONER COYLE: So it's all your decision.
CHAIRMAN HENNING: Yep, it's on your shoulders.
COMMISSIONER FIALA: Oh, yuck.
CHAIRMAN HENNING: Is there --
MR. YOVANOVICH: You seconded the motion.
COMMISSIONER FIALA: I know that.
COMMISSIONER HILLER: I want to go back, if I may, to
what Commissioner Coyle said, and that is, it is not -- we do not have
the ability to price fix or regulate this market with respect to these
exchanges beyond the first step we took.
CHAIRMAN HENNING: Well, it's a 4-1 vote of the people who
are here.
COMMISSIONER HILLER: I think it's -- right, but I think we
have a very serious legal issue.
CHAIRMAN HENNING: You know, during commissioners'
comments we can talk about that particular topic. I think it's in the
Land Development Code that set that, not in the Growth Management
Plan.
MR. YOVANOVICH: It's in the GMP.
CHAIRMAN HENNING: It's in the GMP?
MR. YOVANOVICH: It's in the GMP --
CHAIRMAN HENNING: That's more difficult.
MR. YOVANOVICH: -- that put that price number in there.
COMMISSIONER FIALA: Somebody mentioned something
about price fixing. Would that -- that gave me a little bit of queasy
stomach about price fixing.
COMMISSIONER HILLER: Well, that's what we would, in
effect, be doing if we didn't allow for the alienation of these property
rights, in other words, the TDRs, at a free-market price. That's, in
effect, what we would be doing. We would be attempting to fix the
price, whether it's at the historical price that we valued these TDRs at
at 25- or any other value, and I don't think that we can engage in that.
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COMMISSIONER NANCE: Ma'am, you're not fixing the price.
You're simply saying he's got to abide by the rules. Nobody said how
much he's got to pay. He said he can't conveniently find it. That's his
problem.
COMMISSIONER HILLER: No, he can conveniently find it.
He's got a willing seller.
COMMISSIONER NANCE: Outside the rules, yes, he does.
COMMISSIONER HILLER: Again, I don't believe that we can
-- and we -- you all -- by the way, you all adopted this for transmittal
to the state and saw no problem with this issue when it went forward,
and I was the one who opposed it.
I subsequently did the research based on the discussion that was
had that raised questions in my mind. And when I researched the
issue, it became clear to me that you were correct. Now all of a
sudden you've changed your mind. You know, I think what
Commissioner Coyle has said is correct.
COMMISSIONER NANCE: Well, when we adopted it, Mr.
Yovanovich said that he was going to get 40 percent of them qualified
out of this zone. That's what he said -- when we transmitted up there,
that's where we left it, and he was going to go back and have further
discussions. And now he's come back and goes, well, I can't do that.
COMMISSIONER HILLER: Well, if there's no market to do it,
if there's no one willing to sell --
COMMISSIONER NANCE: Then he's not offering enough
money.
COMMISSIONER HILLER: Wow.
CHAIRMAN HENNING: You guys want to take a break?
MR. YOVANOVICH: Can I -- I just want to put one other thing
in the record because I don't -- I was going to tell you this afterwards,
but I'm going to say it now. I offered 25 percent. They told me it was
40 percent or nothing. Okay.
COMMISSIONER NANCE: What?
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MR. YOVANOVICH: I offered them 25 -- we will buy 25
percent of the units from within the one-mile area, and the one
gentleman told me zero and then someone else told me 40. You asked
me to talk to them and did I have conversations about a percentage,
and I did. I didn't thumb my nose at them and say zero is my bottom
line.
I just want that on the record. I did try to work a deal. The deal
didn't work, and we became -- we dug in, both sides dug in. I tried to
compromise. It didn't work.
I don't know that I can get the 25 percent, but at one point I was
willing to work for it. But I certainly can't get to the 40. And I don't
think -- I think right now, in fairness to us, we're trying to make the
system work.
You've got a broken TDR program. You've got a broken TDR
program --
COMMISSIONER NANCE: Without a doubt.
MR. YOVANOVICH: -- and you can't fix it on the backs of this
project. You've got a bigger issue, and we're certainly willing to play
COMMISSIONER NANCE: Rich, I don't think you can fix it on
the backs of all these little property owners, and that's what you're
asking -- you're unfairly asking me to choose between those two.
MR. YOVANOVICH: No.
COMMISSIONER NANCE: Yeah, you are.
MR. YOVANOVICH: No, I didn't. I offered --
COMMISSIONER NANCE: Yeah, you are.
MR. YOVANOVICH: I offered them $25,000 for their TDRs,
which is exactly what you gave them in the GMP, and that was during
the good times was the $25,000 purchase price, and they didn't want to
take that. I tried. I tried.
COMMISSIONER NANCE: That's the free market.
MR. YOVANOVICH: You're right. It's the free market.
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CHAIRMAN HENNING: Okay.
COMMISSIONER NANCE: So that's what Commissioner
Hiller's saying, it ought to go to the free market. Well, you know, if
you -- you'd have more credits if you offered more money. And
you're saying it doesn't work for you; that's not the problem of the
system. That doesn't mean we throw these little property owners
under the bus. I'm sorry.
MR. YOVANOVICH: I understand, I understand.
COMMISSIONER NANCE: I hope you get your project going,
but I just can't support that on the backs of the little people, and that's
what you're asking to do, because the next time we come back they're
going to be in a worse situation because somebody in a similar
situation like you is going to come with the same argument and go,
hey, that's what you did over here. You just let it go to whatever it is.
Pretty soon these TDRs are going to be worth nothing. That's
what's going to happen until we fix the system.
CHAIRMAN HENNING: We're being repetitive, so let's --
COMMISSIONER FIALA: What are your comments about
this?
CHAIRMAN HENNING: You know, I was going to support
Commissioner Nance, but I think it's important to listen and support
the commissioner of the district when there's no harm or no foul. So
I'm ready to vote, personally.
COMMISSIONER FIALA: Each one of you have made so
many good points. I'm really caught between the devil and the deep
blue sea. If he's offered 25-, which is what originally was paid, and I
-- but now if he's being held over a barrel for more money, that makes
me a little uncomfortable.
And if we -- and if we approve this, then nobody will have any
value to their property. So, you know, you look at one side and the
other because then, you know, others will have to sell lower, or they
just won't be able to sell their properties either.
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MR. YOVANOVICH: They could -- these people in this
one-mile area, they have the entirety of the receiving lands to sell to.
They have the biggest market.
COMMISSIONER HILLER: They have a huge market.
MR. YOVANOVICH: It's the other people -- and if you're not in
that one-mile area, you're the one who got hurt. You got the limited
area of who you could sell to. We're not hurting -- we are -- we are
basically saying -- we said to these people, we'll give you the 25,000
the commission originally said that you should get on your property.
They told us no. We get it. We understand it, you know, but we can't
-- it's not an open checkbook. We've got a project we've got to make a
profit on. And we tried to be fair. We tried to be fair and respect the
program that was originally established. And now the people are
trying to squeeze as much out of us as they can. You can only get so
much.
MR. COSENTINO: Excuse me. May I have one last comment
on that?
CHAIRMAN HENNING: Your time -- you already spoke, sir.
Sorry.
COMMISSIONER FIALA: You know, I was thinking about --
we've been talking about business in our community and encouraging
new business and encouraging economic development, and so I'm
going to stick with my second.
CHAIRMAN HENNING: Okay. You want to go, or do you
want to vote?
COMMISSIONER COYLE: Yeah, just a question.
CHAIRMAN HENNING: Sure, question.
COMMISSIONER COYLE: You can get to 25. You can't get to
40.
MR. YOVANOVICH: I'm not -- you mean percent? I don't
know that I can get to 25, but that's certainly more achievable than 40
percent is. I had offered that up. I said, I'll work to try to find 25
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June 10, 2014
percent from within that one-mile area, and I was, frankly, told that's
not good enough. Stick with the 40.
COMMISSIONER COYLE: If you got to 25 percent, what
would the price be? What would you have to pay?
MR. YOVANOVICH: I honestly don't know. I'll have to --
COMMISSIONER COYLE: Can you ask the person you're
trying to buy it from?
MR. YOVANOVICH: The -- who's that?
COMMISSIONER COYLE: I thought you were talking with
Ms. Bonness.
MR. YOVANOVICH: You know, she's one person within that
one-mile area. I've got to deal with -- I don't know if it's 13,5-, if she
even has them to sell anymore, so it may even be that -- you know, I
don't really know who the seller is.
COMMISSIONER COYLE: Well, let's ask. Why can't we find
-- Maureen, can you tell us, do you have them for sale and what are
you going to sell them for?
MS. BONNESS: We currently have a verbal discussion with
somebody offering 13,500. We do not have a contract.
COMMISSIONER COYLE: Okay. How many units are we
talking about? How many have you got?
MS. BONNESS: Ninety, and I believe -- I believe that would
cover his requirements.
COMMISSIONER COYLE: Ninety?
MS. BONNESS: I believe so. I think Corby actually has better
information about exactly the numbers.
COMMISSIONER COYLE: Okay. Let's hear from him.
MR. SCHMIDT: Thank you, Commissioners.
For the record, Corby Schmidt with the comprehensive planning
department.
If you were to move to require some percentage of the TDRs to
come from within a mile and you were looking at 25 or 30 percent and
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June 10, 2014
the way that the language is structured, if it were 25 percent, just 78 of
the TDRs would need to come from within one mile necessary to
build the project.
If you chose to be at 30 percent, that number would increase to
93 TDRs from within that one mile. And I believe that's the people
we're talking about here.
COMMISSIONER COYLE: Okay. So if you could get 90 units
from Ms. Bonness at 13,5-, where would that put you?
MR. YOVANOVICH: I would -- frankly, I don't really want to
negotiate here. How about we -- if we're going to go with a percent, I
offered up the 25. I think that's fair, 25 percent. I'll go negotiate my
deal and find out if I've really got the 90 from her, because I don't
know. I really don't.
I mean, she says she's got this other person in the wings, and I
don't know whether she's going to come through for me or not. I
really don't.
COMMISSIONER COYLE: Well, I'll ask her. Maureen, will
you sell them to him for a hundred dollars more than you've got
promised right now?
MR. YOVANOVICH: Well, you just upped my price.
COMMISSIONER COYLE: That's okay.
MR. YOVANOVICH: How about a discount?
COMMISSIONER COYLE: But you can afford it. What about
it?
MS. BONNESS: I'd be willing to discuss it.
MR. YOVANOVICH: See, I've got the willing word to discuss,
and I can't take that to the bank.
COMMISSIONER COYLE: Yeah, okay.
MR. YOVANOVICH: Okay. You know, that's my problem is
I've got a willing to discuss --
COMMISSIONER HILLER: And I'm sure the problem is is that
Maureen probably has someone who needs to buy all of those and that
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June 10, 2014
if you buy some, then she'll be left with a balance that she can't sell in
the smaller increment, which is why -- is that not it? Then why are
you not agreeable to selling it to him? I don't understand.
MS. BONNESS: I am willing. I don't think this is the
appropriate venue for us to make a contract between -- you know,
between properties --
COMMISSIONER HILLER: So you're going to my point that
this is a private negotiation.
MS. BONNESS: -- in front of the commissioners. We are
willing.
COMMISSIONER HILLER: So this is a private negotiation,
freely negotiated price between a willing buyer and a willing seller,
and it has nothing to do with government, right?
MS. BONNESS: The stipulation that they -- where they get their
TDRs is part of government. The exact price -- and I don't think it's
going to be that far off-- but I don't think this is the -- I don't think I
should be making a contract with a buyer --
COMMISSIONER HILLER: You're making my argument up to
a point.
MS. BONNESS: But we are -- I don't think it would be much
different than the 13,5-.
COMMISSIONER COYLE: But we're going to be making a
decision here about what we do with this, and we can vote and let him
go find them wherever he wants to find them, or we can make a
decision that he should buy a certain percentage if they're available at
a proper price, okay.
Now, I will vote to let him go wherever he wants to go to get his
TDRs, and if there are three other members on the board who agree
with that, he's got what he wants to do. I would prefer to see the
TDRs come from the area specified, but we can't just keep doing this
over and over and over.
If you -- the two of you could take a break, Mr. Chair, if you
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June 10, 2014
wouldn't mind, and let them go out and decide -- see if they can shake
hands on a deal, then we can come back and vote on this thing. Would
that be acceptable to you?
MS. BONNESS: That's fine with me, if that's what you desire.
COMMISSIONER COYLE: Well, no. I'm just throwing out
options. I'm not trying to influence you one way or the other.
MR. YOVANOVICH: I am really uncomfortable with having to
negotiate a purchase price of TDRs in the hallway, and then she picks
X, I take Y, and then you're going to pick which one of us was being
reasonable on the purchase price? We've had this opportunity --
COMMISSIONER COYLE: No, what I would do is split the
price, split the difference with you.
MR. YOVANOVICH: What we -- you know, I think the better
-- if we're going to have to -- if it's -- I'd rather not be in a position of
negotiating the price today with her and having to figure out which
one of us is reasonable or not reasonable.
I'd rather you give me, you know, the 25 percent or let me -- I
could still negotiate with her. She could still come to me -- if you
don't force me to buy any from any specific area, she can always come
to me and say, I'm willing to sell it to you for what the other guy is
willing to pay me, which is the 13-. She always has that right.
CHAIRMAN HENNING: I don't think this is an appropriate
discussion.
COMMISSIONER COYLE: Yeah.
COMMISSIONER HILLER: Right.
CHAIRMAN HENNING: So --
COMMISSIONER FIALA: Corby has something to say, and
then -- and I wanted to ask about the 30 percent anyway, if we could
adjust so it's 30 percent. Go ahead.
MR. SCHMIDT: That's what I wanted to address as well.
When staff was asked to look at this more closely at different
percentages and requiring or allowing for purchases further away, the
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June 10, 2014
reason the number 30 percent or the range between 30 and 40
continued to come up is because of-- not because of prices or between
two landowners, but as groups there are about three times as many
TDRs to be developed than there are TDRs available. And the rate at
which they would be acquired to damage the TDR program least
would be to have about a third of them stay from within one mile and
the rest to be allowed from elsewhere. And if there was some balance
to be kept, it would be within that range.
COMMISSIONER FIALA: See that does work then, 30 percent.
COMMISSIONER NANCE: Well, that's wonderful information
to have, sir, and I appreciate it.
CHAIRMAN HENNING: It's Commissioner Fiala's time -- turn.
COMMISSIONER FIALA: And I was just saying, then that did
work, 30 percent?
MR. YOVANOVICH: Can I -- first of all, Corby's math's off. If
you --
CHAIRMAN HENNING: You know, let's give Terri a break.
MR. YOVANOVICH: Okay.
CHAIRMAN HENNING: I mean, we're running around this
whole thing way too much. So let's take a five-minute break.
COMMISSIONER HILLER: Can we have 10 minutes, like
4:30?
CHAIRMAN HENNING: Yeah. We can start in five minutes;
you come back in 10 minutes.
(A brief recess was had.)
CHAIRMAN HENNING: So the motion and the second still
stands. Everybody ready to vote on the motion?
COMMISSIONER FIALA: Yes.
CHAIRMAN HENNING: Yes. Okay.
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
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June 10, 2014
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN HENNING: Any opposed?
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Aye. The motion carries 4-1 with
Commissioner Nance dissenting.
MR. YOVANOVICH: Thank you.
COMMISSIONER FIALA: I thought you said aye.
CHAIRMAN HENNING: I was just repeating his aye.
COMMISSIONER FIALA: Oh.
COMMISSIONER HILLER: That was confusing.
CHAIRMAN HENNING: I'm sorry.
COMMISSIONER HILLER: It's okay.
CHAIRMAN HENNING: Who's the next victim?
Item #9A
ORDINANCE 2014-23: (CP-2013-3, BUCKLEY) REVIEW AND
CONSIDER APPROVING (ADOPTING) A PORTION OF THE
2013 CYCLE 1 OF GROWTH MANAGEMENT PLAN
AMENDMENTS - BUCKLEY AND NAPLES RESERVE
PROJECTS — ADOPTED
MR. OCHS: The Buckley Growth Management Plan
amendment. Who's the petitioner?
MR. ANDERSON: Do you want to swear us in since this also
involves a PUD amendment?
CHAIRMAN HENNING: No. That's 9B. We have to do 9B
first.
COMMISSIONER HILLER: We have to do 9A.
CHAIRMAN HENNING: We have to do 9A first.
COMMISSIONER HILLER: The comp plan amendment first.
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June 10, 2014
MR. ANDERSON: Good afternoon, Commissioners. My name
is Bruce Anderson from the Roetzel & Andress law firm. I have with
me here Tim Hancock, senior planner with Stantec firm, engineering
firm.
This is a Growth Management Amendment for the Buckley
mixed-use district. It was approved 11 years ago. A PUD for this
property was approved in 2005.
This property abuts the north county library on the north side,
and Emerald Lakes community is on the west and north of this
property as well.
This is not a request for a new commercial designation or new
commercial zoning. This property is already zoned for a PUD
allowing 171,300 square feet of commercial uses, and a decrease to
1,000 -- 162,750 square feet is proposed.
Residential density has also been reduced from 251 units to 239,
and a conversion factor has been added to achieve equivalence
between residential and commercial if both should happen to be built.
Much has changed since this was first approved. The latest land
use trend in 2004/2005 was the concept of mixed use with people
living above commercial establishments. The current Buckley
subdistrict requires that residential and commercial be built and that
they be built in the same building. The chief purpose of this
amendment is to eliminate that requirement that they must be
constructed in the same building.
What is being proposed is simply rearranging what's already been
approved and, in some instances, reducing the density and intensity
and removing the zoning level details that -- some of them that were in
the Comprehensive Plan into the accompanying PUD that you have
before you.
The Growth Management Plan and the PUD were both
unanimously recommended -- were recommended for approval by the
Planning Commission. The -- there was a 4-1 vote at the Planning
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June 10, 2014
Commission, and at the prior transmittal hearing on this application,
the board voted unanimously for transmittal.
Prior to transmittal and continuing to the present, we've worked
closely with the closest residential neighbors, Emerald Lakes Property
Owners' Association, and have addressed, successfully, their concerns
or questions, and they have been very supportive of both the Growth
Management Plan application and the PUD amendment as well.
At this point I'll turn it over to Mr. Hancock.
CHAIRMAN HENNING: Before you do that, Commissioner
Fiala and Commissioner Hiller have something.
COMMISSIONER FIALA: Okay. Or I wouldn't mind listening
to Mr. Hancock first and then asking my questions.
MR. ANDERSON: Okay.
COMMISSIONER FIALA: He might answer it when he talks.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: I think it's important to point out
that the residents of Emerald Lakes do not oppose this. In fact, they
support the change, and so there is no opposition from any of the
neighbors surrounding this project.
CHAIRMAN HENNING: This is in your district?
COMMISSIONER HILLER: Uh-huh.
CHAIRMAN HENNING: Did you want to make a motion?
COMMISSIONER HILLER: I would. I'd like to make a motion
to approve, and the reason being is that times have changed, and to
require these residential units on top of the commercial at one point
was thought to be a good idea and thought would be easily sellable.
But as we have found out, that style of development has not worked
well. It has -- the demand isn't there, so I believe the developer is
merely looking, you know -- without changing the density or the
intensity -- to just reconfigure to have a sellable product that the
market is asking for.
CHAIRMAN HENNING: Now, does that include the Planning
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Commission's stipulations?
COMMISSIONER HILLER: Yes, it does.
CHAIRMAN HENNING: Is there a second?
COMMISSIONER FIALA: I'll second it.
COMMISSIONER HILLER: And I do think that connectivity
between the library and this project is important, because I think it will
alleviate traffic on Orange Blossom and it will, you know, also allow
people who go to the library to get to a retail area where they can
enjoy a sandwich, you know.
Right now, the only -- I mean, the only way to get something to
eat, if you're at the library, is to drive all the way, you know, down the
street to Airport-Pulling -- you know, drive down Airport-Pulling to
Vanderbilt to grab a bite.
So I think it will create more of a center around the -- an activity
center around the library and, you know, promote accessibility in a
more comfortable use.
CHAIRMAN HENNING: Or they could bring their own lunch.
COMMISSIONER HILLER: They could do that.
CHAIRMAN HENNING: Did you want your question
answered?
COMMISSIONER FIALA: Well, she said just about everything
I wanted to say. I just -- but I was going to shorten it a lot and just say
that staff didn't approve, but now that the connectivity is there through
the library --
COMMISSIONER HILLER: Yeah, I think the connectivity is
good.
COMMISSIONER FIALA: -- they feel comfortable with that. It
seems all the residents in that area are comfortable, and so I seconded
it just because it now seems to meet everybody's approval.
Thank you.
CHAIRMAN HENNING: Does staff want to give a
presentation, or shall we just vote on that, Mike?
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June 10, 2014
MR. OCHS: We're just available to answer questions, sir, if you
have any.
CHAIRMAN HENNING: Any discussion on the motion?
(No response.)
CHAIRMAN HENNING: Seeing none, all in favor, 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. You did
better than the last one.
COMMISSIONER COYLE: A lot faster, too.
CHAIRMAN HENNING: Now we're going to go to -- now
we're done with 9A, which is the cycle.
Now we're going to go to 9B.
Item #9B
ORDINANCE 2014-24: AN ORDINANCE AMENDING
ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH
ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A PROJECT
PREVIOUSLY KNOWN AS THE BUCKLEY MIXED USE
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June 10, 2014
PLANNED UNIT DEVELOPMENT (MPUD) TO A MIXED USE
PLANNED UNIT DEVELOPMENT (MPUD) WHICH WILL
CONTINUE TO BE KNOWN AS THE BUCKLEY PUD, TO
ALLOW A MAXIMUM OF 239 RESIDENTIAL UNITS, WITH
NO REQUIREMENT FOR WORKFORCE HOUSING UNITS AND
UP TO A MAXIMUM OF 162,750 SQUARE FEET OF GROSS
FLOOR SPACE OF RETAIL, OFFICE AND SERVICES USES,
INCLUDING PERMISSIBLE AND CONDITIONAL USES IN THE
C-1, C-2 AND C-3 ZONING DISTRICTS. THE SUBJECT
PROPERTY IS LOCATED AT THE NORTHWEST QUADRANT
OF THE INTERSECTION OF AIRPORT-PULLING ROAD (CR
31) AND ORANGE BLOSSOM DRIVE IN SECTION 2,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 21 .7+/- ACRES; PROVIDING FOR
REPEAL OF ORDINANCE 05-05, THE FORMER BUCKLEY
MPUD; AND BY PROVIDING AN EFFECTIVE DATE —
ADOPTED
MR. OCHS: Yes, sir.
CHAIRMAN HENNING: Swear everybody in and give ex parte
communication.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN HENNING: Okay. Ex parte communication by
the board members. Commissioner Coyle?
COMMISSIONER COYLE: Yes, I have read the staff report
dated May the 1st, 19 -- or 2014, and I have had meetings and
correspondence concerning this item.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I've spoken with Bruce
Anderson. I've spoken with Tim Hancock. I've spoken with staff and
read staff report. I've also had meetings and correspondences on this
subject.
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June 10, 2014
CHAIRMAN HENNING: I had a meeting with Bruce Anderson.
You already gave your ex parte communication earlier, both of
you, right?
COMMISSIONER NANCE: Yes.
CHAIRMAN HENNING: Okay. Let's begin.
MR. ANDERSON: I repeat and incorporate by reference herein
all of my prior statements.
I have -- on this Growth Management Plan amendment, I do have
one important correction to the ordinance for the PUD. There's a typo
in there. It's on Page 2 of the actual ordinance. And it makes reference
to allowing a maximum of 326 residential units. It should be 239.
So with that change, I have nothing else to say unless you have
questions.
CHAIRMAN HENNING: Okay. Has staff noted that
correction?
MR. OCHS: Yes, sir.
COMMISSIONER HILLER: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Close the public hearing.
There's a motion by Commissioner Hiller and second by
Commissioner Fiala to approve the petition. And that's with the
Planning Commission stips? I'm not even sure there is.
COMMISSIONER HILLER: It was just the interconnectivity.
That was the most important stipulation.
CHAIRMAN HENNING: Okay. I mean, I didn't get to Planning
Commission's recommendations.
Mike, would you assist us?
MR. BOSI: Mike Bosi, director of planning. All the Planning
Commission recommendations have been incorporated within the
PUD as presented to you today.
CHAIRMAN HENNING: Okay. Great, thank you.
Discussion on the motion?
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June 10, 2014
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Don't go. We're having fun.
MR. ANDERSON: Thank you very much.
MR. BOSI: Thank you.
CHAIRMAN HENNING: We've got one more item before we
get to communications?
Item #11F
RESOLUTIONS AUTHORIZING THE CONDEMNATION OF
THAT LAND AND THOSE PERPETUAL EASEMENT
INTERESTS NECESSARY FOR THE CONSTRUCTION OF
ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS
REQUIRED FOR THE EXPANSION OF GOLDEN GATE
BOULEVARD FROM EAST OF WILSON BOULEVARD TO
20TH STREET EAST. (PROJECT NO. 60040). ESTIMATED
FISCAL IMPACT: $4,848,200 - ONE MOTION TAKEN TO
ADOPT ALL RESOLUTIONS — ADOPTED:
RESOLUTION 2014-122 (WILSON BOULEVARD TO 4TH
STREET EAST); RESOLUTION 2014-123 (4TH STREET EAST TO
8TH STREET EAST); RESOLUTION 2014-124 (8TH STREET EAST
TO 12TH STREET EAST); RESOLUTION 2014-125 (12TH STREET
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June 10, 2014
EAST TO WEST OF 16TH STREET EAST); RESOLUTION 2014-
126 (WEST OF 16TH STREET EAST TO 18TH STREET EAST);
RESOLUTION 2014-127 (18TH STREET EAST TO 20TH STREET
EAST)
MR. OCHS: Yes, sir, Mr. Chairman. That's Item 11F. It's a
recommendation to adopt six resolutions authorizing the
condemnation of land and those perpetual easement interests
necessary for the construction of roadway, drainage, and utility
improvements required for the expansion of Golden Gate Boulevard
from east of Wilson Boulevard to 20th Street East.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Move to approve. Good-news
project if we can get it going.
COMMISSIONER HILLER: I'll second that.
CHAIRMAN HENNING: Yeah. You know, it's long awaited
for such a long time, and I'm glad we're moving forward with that.
So do you have to get anything on the record?
MR. YILMAZ: Based on advice from our county attorney, I
don't, so --
CHAIRMAN HENNING: Okay. There's a motion by
Commissioner Nance, second by Commissioner Fiala, I believe, to
approve?
COMMISSIONER HILLER: Hiller.
CHAIRMAN HENNING: -- Commissioner Hiller to approve
staff recommendations.
All in favor of the motion, signify by saying.
COMMISSIONER COYLE: (Absent.)
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
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June 10, 2014
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
MR. YILMAZ: Thank you.
COMMISSIONER FIALA: I didn't even hear Commissioner
Hiller.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Takes us to Item 15, staff and commission general
communications.
CHAIRMAN HENNING: Yes, sir.
What do you have for us?
MR. OCHS: Commissioners, I have just one bit of information
I'd like to pass along and thank the Lee County Commission. They
have written, at my request, a letter of support to the State Veterans
Affairs Department supporting our application to be the site of the
newly proposed VA state nursing home. So we are appreciative of the
county commission in Lee County and the county manager up there.
That's all I have, sir.
CHAIRMAN HENNING: Really?
MR. OCHS: Yes, sir.
CHAIRMAN HENNING: County Attorney?
MR. KLATZKOW: Nothing, sir.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I received a letter -- I just have
one thing, by the way. I received a letter from a lady, Jackie Sullivan,
and she was just talking about how nice it would be if we had "In God
We Trust" in this commission chambers someplace. And she went on
-- I guess there's a movement going on to try and get each
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June 10, 2014
governmental agency to put these things back on our walls again.
MR. DURHAM: It's on the seal, ma'am.
COMMISSIONER NANCE: We have it in the hall.
COMMISSIONER FIALA: I know we have it in the hall, but --
MR. DURHAM: But it's on the seal right there on the back wall.
COMMISSIONER FIALA: Oh, is it? Oh, yeah. Then we've
done it. Thank you. You know what, I didn't even see that. Thank
you. I will write her.
CHAIRMAN HENNING: Let me get my glasses on.
COMMISSIONER HILLER: On the bottom.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: I have nothing.
CHAIRMAN HENNING: Okay. Speaking to the Clerk's Office,
they are -- they have sent out a request for proposal for the banking
service, and the clerk has requested me to bring forward that he would
like the participation of the county on the selection committee for this
banking service.
In the past I was asked by the clerk to sit on it. I can tell you, the
utilities department uses --
COMMISSIONER HILLER: I'd be happy to do that.
CHAIRMAN HENNING: -- this type of thing. Either we can ask
the county manager to provide staff or the County Commission. And
you said you'd be happy to do that, and I'm okay with that. Anybody
objecting?
COMMISSIONER HILLER: I'd work with Crystal to look into
that.
CHAIRMAN HENNING: Commissioner Nance, you okay --
COMMISSIONER NANCE: Yes, sir.
CHAIRMAN HENNING: -- with Commissioner Hiller sitting
on it?
Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I object.
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June 10, 2014
CHAIRMAN HENNING: Okay. Commissioner Fiala?
COMMISSIONER FIALA: No.
COMMISSIONER HILLER: I am never hugging you again.
That's it. That's the last hug you're getting from me.
COMMISSIONER COYLE: That's the reason I object.
COMMISSIONER HILLER: You know, you just cannot win
with him.
CHAIRMAN HENNING: Okay. Crystal?
MS. KINZEL: Thank you.
CHAIRMAN HENNING: That's all you need?
COMMISSIONER HILLER: You've got me. There's a song,
you've got me babe, or it's I've got you baby.
MS. KINZEL: Actually, Commissioner, we can't work together
because I'm on the committee also, so it will --
COMMISSIONER HILLER: You mean I can't talk to you?
MS. KINZEL: Correct.
COMMISSIONER HILLER: Wow, that's going to be --
MS. KINZEL: Totally independent on the board.
CHAIRMAN HENNING: Commissioner Hiller, do you have
anything?
COMMISSIONER HILLER: Well, yeah. I just want to say,
Leo, do you realize this is the first time you and I are on the same side
of the fence?
MR. OCHS: What would that be on, ma'am?
COMMISSIONER HILLER: The Rangers.
MR. OCHS: Oh, yes.
COMMISSIONER HILLER: And thanks to Mary Jo. And I
mentioned it to her this morning that she's the bond that binds us.
But it's been a painful season. I mean, going from the Bruins to
the Canadians to the Rangers. If the West Coast wins, I will just -- I
think I'll engage in hara-kiri.
MR. OCHS: Be careful. They're up three to nothing.
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June 10, 2014
COMMISSIONER HILLER: Be careful what you wish for.
COMMISSIONER FIALA: You know, I was thinking she was
talking about park rangers.
COMMISSIONER HILLER: No. The New York Rangers, the
Stanley Cup playoffs.
COMMISSIONER COYLE: You're talking about baseball
again?
COMMISSIONER HILLER: No, hockey. God. Hockey,
hockey. Well, baseball has all started up too, so we can go back to
that. Go Red Sox. Just saying.
I don't have anything to report.
Commissioner Henning, thank you very much for handling a
very difficult meeting.
CHAIRMAN HENNING: Yeah. Oh, by the way, I forgot, Nick
-- a very special weekend this weekend. And I hope you spend a lot
of money on your daughters taking them out for Father's Day.
COMMISSIONER HILLER: Oh, that's right. Father's Day.
CHAIRMAN HENNING: Three? Yep, three times the money.
COMMISSIONER HILLER: You can call me daddy.
COMMISSIONER NANCE: Two -- quickly, two --
CHAIRMAN HENNING: Not on the record.
COMMISSIONER NANCE: Two good-news items. Everybody
should note that Sunshine Ace president Michael Wynn is up for the
Ernst & Young Entrepreneur of the Year Award for the state, which is
going to be awarded -- he's one of the finalists that's going to be
announced on Thursday at the Hilton in Orlando.
And, secondly, at Gulf Citrus gathering last week it was
announced that University of Florida scientists had made a rather
interesting breakthrough in the work on citrus greening disease.
They've been trying various biochemicals.
And two professors, Gonzalez and Lorca, at the University of
Florida determined one of them that's called Benzbromarone. They
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June 10, 2014
found that when sprayed on the plants, it controlled 80 percent of the
bacteria in the plant, and they are working through the University of
Florida Microbiology and Cell Science Department and the University
of Florida Genetics Institute.
And what this biochemical does is it targets a specific protein in
the citrus greening bacterium. It inactivates the protein, and so the
bacterium can't produce cell walls. So that's the level we're attacking
citrus greening disease at.
I think it will be many years before this chemical is possibly
labeled for use because it's food crop, but it's still one of the first great
breakthroughs on this disease that's been terrorizing world citrus
production for a hundred years. So good news.
COMMISSIONER HILLER: That's great.
CHAIRMAN HENNING: Good news. That's great.
Entertain a motion to adjourn.
COMMISSIONER COYLE: So moved.
MR. OCHS: Mr. Chairman, I apologize. There was one more
quick thing.
CHAIRMAN HENNING: Sure.
MR. OCHS: When Mr. Beyrent addressed the board during the
discussion on Clam Pass, he --
COMMISSIONER NANCE: Oh, he left his box.
MR. OCHS: -- dropped a box of documents and said he wanted
it --
COMMISSIONER NANCE: Read into the record.
MR. OCHS: -- read into the record or entered into the record,
and I just wanted to advise the board, unless there's a majority of this
board that directs me to enter that into the record, I would give it back
to him.
CHAIRMAN HENNING: I would give that to security, quite
frankly. Being serious.
MR. OCHS: Well, I won't put it into the record then.
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June 10, 2014
CHAIRMAN HENNING: Don't put it into the record.
COMMISSIONER NANCE: Mr. Isackson -- maybe Mr.
Isackson would like to read it together with his budget
announcements.
MR. OCHS: Yes. That's a great choice, as a matter of fact.
CHAIRMAN HENNING: Don't open the box.
Is there anything else?
MR. OCHS: No, sir.
CHAIRMAN HENNING: Don't put that by your face, Tim.
Entertain a motion to adjourn.
COMMISSIONER HILLER: Motion to adjourn.
CHAIRMAN HENNING: Second?
COMMISSIONER FIALA: Second.
All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
*****
**** 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
AUTHORIZING THE CLERK OF COURTS TO RELEASE
PERFORMANCE BOND NO. 80091464 IN THE AMOUNT OF
$1,000,000 WHICH WAS POSTED AS A GUARANTY FOR
EXCAVATION PERMIT NUMBER 60.080, (PL20120001474)
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June 10, 2014
FOR WORK ASSOCIATED WITH SABAL BAY PHASE ONE —
THE ENGINEERING DEPARTMENT HAS INSPECTED THE
LAKES AND THE AS-BUILT LAKE CROSS SECTIONS HAVE
BEEN RECEIVED
Item #16A2
AUTHORIZING THE CLERK OF COURTS TO RELEASE
PERFORMANCE BOND NO. K08503138 IN THE AMOUNT OF
$34,280, AND PERFORMANCE BOND NO. K08503023 IN THE
AMOUNT OF $88,700 WHICH WERE POSTED AS
GUARANTIES FOR EXCAVATION PERMIT NO. 60.061,
(PL2011000580) AND EXCAVATION PERMIT NO. 60.072
(PL2011000733) FOR WORK ASSOCIATED WITH TWIN
EAGLES GOLF & COUNTRY CLUB AND TWIN EAGLES
GRAND ARBORS - THE ENGINEERING DEPARTMENT HAS
INSPECTED THE LAKE AND THE AS-BUILT LAKE CROSS
SECTIONS HAVE BEEN RECEIVED
Item #16A3
AUTHORIZING THE CLERK OF COURTS TO RELEASE A
PERFORMANCE BOND IN THE AMOUNT OF $412,600 WHICH
WAS POSTED AS A DEVELOPMENT GUARANTY FOR AN
EARLY WORK AUTHORIZATION (EWA) (PL20120002947)
FOR WORK ASSOCIATED WITH SABAL BAY PHASE ONE —
THE PROPERTY HAS BEEN CLEARED AND STABILIZED, NO
LONGER REQUIRING THE BOND
Item #16A4
AUTHORIZING THE CLERK OF COURTS TO RELEASE
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June 10, 2014
PERFORMANCE BOND NO. MB6218 IN THE AMOUNT OF
$25,000 WHICH WAS POSTED AS A GUARANTY FOR
EXCAVATION PERMIT NUMBER 59.908, (PL20110002188)
FOR WORK ASSOCIATED WITH ANDALUCIA - THE
ENGINEERING DEPARTMENT HAS INSPECTED THE LAKE
AND THE AS-BUILT LAKE CROSS SECTIONS HAVE BEEN
RECEIVED
Item #16A5
AUTHORIZING THE CLERK OF COURTS TO RELEASE AN
IRREVOCABLE STANDBY LETTER OF CREDIT IN THE
AMOUNT OF $212,000 WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR WORK ASSOCIATED
WITH PONTE REALTO, EARLY WORK AUTHORIZATION
(EWA) PL20140000018 — THE SITE HAS BEEN FILLED AND
CLEARED, NO LONGER REQUIRING THE SECURITY
Item #16A6
AUTHORIZING THE CLERK OF COURTS TO RELEASE A
CASH BOND IN THE AMOUNT OF $18,357.90 WHICH WAS
POSTED AS A GUARANTY FOR A SITE DEVELOPMENT
PLAN (SDP), (PL20120002379) FOR WORK ASSOCIATED
WITH CULVERS NAPLES AIRPORT ROAD — THE WORK
ASSOCIATED WITH THIS SITE HAS BEEN COMPLETED AND
INSPECTED
Item #16A7
A TWO YEAR EXTENSION FOR COMPLETION OF SITE
DEVELOPMENT PLAN (SDP) IMPROVEMENTS ASSOCIATED
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June 10, 2014
WITH ALDEN WOODS (SDP AR-7819) PURSUANT TO
SECTION 10.02.03 H OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE — EXTENDED THROUGH APRIL 13,
2015 AND ALLOWING FOR COMPLIANCE WITH THE TIME
LIMIT REQUIREMENTS OF THE LDC
Item #16A8
RECORD THE FINAL PLAT OF INDIAN HILL ESTATES,
(APPLICATION NUMBER AR-9784) APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY — W/STIPULATIONS THAT
INCLUDE WITHHOLDING THE CERTIFICATES OF
OCCUPANCY UNTIL REQUIREMENT HAVE RECEIVED
THERE PRELIMINARY ACCEPTANCE
Item #16A9
STANDARDIZE THE LABWORKS LABORATORY
INFORMATION MANAGEMENT SYSTEM IMPLEMENTED AT
THE GROWTH MANAGEMENT AND PUBLIC UTILITIES
DIVISIONS AND DECLARE PERKINELMER, INC., A SOLE
SOURCE PROVIDER OF PRODUCTS AND SERVICES
ASSOCIATED WITH THE LABWORKS LABORATORY
INFORMATION MANAGEMENT SYSTEM — THAT WILL
PROVIDE FOR THE COLLECTION AND EVALUATION OF
GROUNDWATER AND SURFACE WATER QUALITY DATA
Item #16A10
AWARDING A CONSTRUCTION CONTRACT IN THE
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June 10, 2014
AMOUNT OF $676,832.36 TO AJAX PAVING INDUSTRIES OF
FLORIDA, LLC AND RESERVE $40,000 ON THE PURCHASE
ORDER FOR FUNDING ALLOWANCES, FOR A TOTAL OF
$716,832.36 FOR ITB NO. 14-6267 - "WHITE BOULEVARD AND
23RD STREET SW INTERSECTION CAPACITY
IMPROVEMENTS." (PROJECT NO. 60016.12) — FOR THE
ONGOING ANNUAL MAINTENANCE COST OF $2600 WHICH
INCLUDE MOWING, VEGETATION TRIMMING AND
HERBICIDE TREATMENTS
Item #16A1 1
A TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION
AGREEMENT FOR THE MAINTENANCE OF FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) OWNED
TRAFFIC SIGNAL DEVICES TO BE MAINTAINED BY THE
COLLIER COUNTY TRAFFIC OPERATIONS (CCTO) SECTION
OF THE TRANSPORTATION ENGINEERING DEPARTMENT
AND TO AUTHORIZE THE CHAIRMAN TO SIGN THE
AGREEMENT. TOTAL COMPENSATION FROM THE FDOT TO
COLLIER COUNTY FOR THESE MAINTENANCE SERVICES
FOR FDOT FISCAL YEAR 14/15 AMOUNTS TO $88,443.93 —
THE AGREEMENT ALSO INCLUDES PARTIAL
COMPENSATION FOR EMERGENCY TRAFFIC SIGNALS,
PEDESTRIAN FLASHING BEACONS, TRAFFIC WARNING
BEACONS AND SPEED ACTIVATED WARNING DISPLAYS
ON STATE ROADWAYS
Item #16Al2
RELEASE OF A LIEN WITH AN ACCRUED VALUE OF
$355,800 FOR PAYMENT OF $450, IN THE CODE
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June 10, 2014
ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY
COMMISSIONERS V. REINHARD MARTON, CODE
ENFORCEMENT BOARD CASE NO. CESD20080010163,
RELATING TO PROPERTY LOCATED AT 3107 COTTAGE
GROVE AVENUE, COLLIER COUNTY, FLORIDA - FOR 1,779
DAYS OF CODE VIOLATIONS THAT WERE ABATED BY THE
NEW OWNER ON MARCH 12, 2014
Item #16A13
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $29,687.38 FOR PAYMENT OF
$4,637.38, IN THE CODE ENFORCEMENT ACTION ENTITLED
BOARD OF COUNTY COMMISSIONERS V. RICK SUMMERS,
CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO.
CEPM20130005654, RELATING TO PROPERTY LOCATED AT
440 5TH STREET S.W., COLLIER COUNTY, FLORIDA - FOR
102 DAYS OF CODE VIOLATIONS THAT WERE ABATED BY
DEMOLISHING THE FIRE DAMAGED HOME OCTOBER 29,
2013 BY THE COUNTY
Item #16A14
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $143,600 FOR PAYMENT OF $450.00 IN
THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF
COUNTY COMMISSIONERS V. SCOTT A. LAMP, CODE
ENFORCEMENT BOARD CASE NO. CESD2007110819,
RELATING TO PROPERTY LOCATED AT 1000 BAREFOOT
WILLIAMS ROAD, COLLIER COUNTY, FLORIDA — FOR 1,436
DAYS OF NON-COMPLIANT CODE VIOLATIONS THAT
WERE ABATED BY THE NEW OWNER ON APRIL 23, 2014, BY
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June 10, 2014
DEMOLISHING THE OFFENDING STRUCTURE
Item #16A15
RELEASE OF A LIEN WITH AN ACCRUED VALUE OF
$207,000 FOR PAYMENT OF $450, IN CODE ENFORCEMENT
ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS
V. MARINA GUZMAN, CODE ENFORCEMENT BOARD CASE
NO. CESD20090008686, RELATING TO PROPERTY LOCATED
AT 360 WILSON BOULEVARD, COLLIER COUNTY, FLORIDA
— FOR 1,035 DAYS OF NON-COMPLIANT CODE VIOLATIONS
OF THAT WERE BROUGHT INTO COMPLIANCE BY THE
NEW OWNER
Item #16A16
DETERMINE THAT THE PROPOSED WALGREENS REZONE
PROJECT SATISFIES THE CRITERIA FOR EXEMPTION TO
ALLOW FOR A STORMWATER DISCHARGE RATE ABOVE
THE .15 CUBIC FEET PER SECOND (CFS) LIMIT EXPRESSED
IN POLICY 6.3 OF THE STORMWATER MANAGEMENT SUB-
ELEMENT OF THE GROWTH MANAGEMENT PLAN (GMP)
(COMPANION TO RZ-PL20130001302) — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16A17
AWARDING REQUEST FOR PROPOSAL RFP NO. 14-6229,
INSTALLATION AND MAINTENANCE OF TRAFFIC SIGNALS
AND ROADWAY LIGHTING ON AN AS NEEDED BASIS TO
SOUTHERN SIGNAL & LIGHTING, INC., AS THE PRIMARY
CONTRACTOR AND SIMMONDS ELECTRICAL OF NAPLES,
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June 10, 2014
INC., AS THE SECONDARY CONTRACTOR. (ESTIMATED
ANNUAL FISCAL IMPACT IS $400,000) — FOR THE
INSTALLATION, MAINTENANCE AND REPAIR SERVICES ON
AN AS NEEDED BASIS
Item #16A18
THE CHAIRMAN TO EXECUTE CONTRACT NO. 14-6256
PROVIDING PROFESSIONAL ENGINEERING SERVICES AS
REQUIRED BY THE NAPLES BEACH RENOURISHMENT
PROJECT FOR $105,204 TO ATKINS NORTH AMERICA, INC.,
PROCESS ALL REQUIRED BUDGET AMENDMENTS, AND
MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM.
(PROJECT NO. 9003 8) — AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16A19
APPROVING CATEGORY "A" TOURIST DEVELOPMENT
COUNCIL GRANT APPLICATIONS FROM THE CITY OF
NAPLES, THE CITY OF MARCO ISLAND AND COLLIER
COUNTY FOR FY-2014/2015 IN THE AMOUNT OF $5,659,971 ;
AUTHORIZE THE CHAIRMAN TO SIGN GRANT
AGREEMENTS FOLLOWING COUNTY ATTORNEY
APPROVAL; APPROVE THE 10-YEAR CAPITAL PLANNING
DOCUMENT FOR FUND 195-BEACH RENOURISHMENT AND
MAKE A FINDING THAT THESE EXPENDITURES WILL
PROMOTE TOURISM — AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16A20
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June 10, 2014
A WORK ORDER FOR THE PHYSICAL MONITORING OF
WIGGINS PASS INLET, DOCTORS PASS INLET, CAXAMBAS
PASS INLET AND THE PHYSICAL MONITORING OF SOUTH
MARCO BEACH BY ATKINS NORTH AMERICAN, INC.
UNDER CONTRACT NO. 13-6164-CZ FOR A LUMP SUM
AMOUNT OF $197,371, AUTHORIZE THE COUNTY
MANAGER OR HIS DESIGNEE TO EXECUTE THE WORK
ORDER AND MAKE A FINDING THAT THIS ITEM PROMOTES
TOURISM. (PROJECT NO. 90536) — TO DETERMINE THE
CURRENT CONDITIONS OF THE INLETS/BEACHES TO
IDENTIFY THE AMOUNT OF ACCRETION/EROSION THAT'S
TAKEN PLACE SINCE LAST YEAR/S DREDGING AND
RENOURISHMENT AND A CONDITION UNDER THE FDEP
PERMIT
Item #16A21
WAIVE THE AFTER 5 P.M. REQUIREMENT FOR ONE OF THE
TWO SCHEDULED PUBLIC HEARINGS TO CONSIDER THE
2014 LAND DEVELOPMENT CODE AMENDMENT CYCLE -
LEVEL 1, FOR AMENDMENTS WHICH CHANGE THE
ACTUAL ZONING MAP OR THE ACTUAL LIST OF
PERMITTED, CONDITIONAL AND PROHIBITED USES IN A
ZONING CATEGORY. SUPER MAJORITY VOTE IS REQUIRED
— PROVIDING THE BOARD THE OPTION TO HOLD BOTH
REQUIRED HEARINGS DURING THE REGULARLY
SCHEDULED BCC MEETINGS
Item #16A22
AWARDING INVITATION TO BID (ITB) 14-6281 - "RECORDS
MANAGEMENT SERVICES" TO VITAL RECORDS CONTROL
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June 10, 2014
OF FL, LLC. (ESTIMATED ANNUAL IMPACT IS $102,000)
Item #16B1
A CONTRACT WITH RWA CONSULTANTS, INC., IN THE
AMOUNT OF $390,148 UNDER REQUEST FOR PROPOSAL
"RFP" #13-6012 FOR THE "STREETSCAPE IMPROVEMENTS
DESIGN OF THOMASSON DRIVE AND HAMILTON AVENUE"
— THE BEAUTIFICATION PROJECT WILL INCLUDE BICYCLE
AND PEDESTRIAN IMPROVEMENTS
Item #16B2
THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS (BCC), ACTING IN ITS CAPACITY AS THE
COMMUNITY REDEVELOPMENT AGENCY (CRA), APPROVE
A BUDGET AMENDMENT IN THE AMOUNT OF $34,000 TO
COMPLETE THE FIRST STREET PLAZA PROJECT, AND
FORMALLY ACCEPT AN AMENDMENT TO COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) SUBRECIPIENT
AGREEMENT #B-10-UC-12-0016 BETWEEN THE COLLIER
COUNTY BCC AND THE COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY (CRA IMMOKALEE) — FOR THE
ACCEPTANCE AND FORMALLY RECOGNIZING FUNDS
APPROVED ON MAY 27, 2014 UNDER ITEM #16D13
Item #16C1
THE ADDITION OF A SUB-CONSULTANT TO CONTRACT
#04-3593/PURCHASE ORDER #4500144640 FOR AQUIFER
STORAGE AND RECOVERY WELL NUMBER 1, UNDER
PROJECT #74030 AND AUTHORIZE PAYMENT FOR
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June 10, 2014
SERVICES RENDERED IN THE AMOUNT OF $5,744 — ADDING
CAROLLO ENGINEERS, INC. DUE TO AN OVERSIGHT BY
CDM SMITH, INC.
Item #16C2
AWARDING BID NO. #13-6131, "ARTIFICIAL REEF
PROGRAM," TO MCCULLEY MARINE SERVICES INC., TO
PROVIDE ALL NECESSARY SERVICES AND EQUIPMENT TO
DEPLOY CLEAN SUITABLE CONSTRUCTION AND
DEMOLITION REEF MATERIAL AND PREFABRICATED REEF
MODULES INTO PERMITTED ARTIFICIAL REEF SITES UP TO
35 MILES OFFSHORE IN CONJUNCTION WITH THE AWARD
OF THE PROMOTIONAL PRIVATE FUND GRANT
AGREEMENT; TO APPROVE AN AGREEMENT WITH
FLORIDA POWER AND LIGHT COMPANY TO ACCEPT
CLEAN REEF MATERIAL AT THE COLLIER COUNTY
LANDFILL; AND TO TERMINATE THE EXISTING CONTRACT
#06-3932, "ARTIFICIAL REEF RECYCLING CONSTRUCTION
AND DEMOLITION WASTE" — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16D1
A SATISFACTION OF MORTGAGE FOR A STATE HOUSING
INITIATIVES PARTNERSHIP (SHIP) LOAN IN THE AMOUNT
OF $4,100 — LOCATED AT 409 LEAWOOD CIRCLE, NAPLES
Item #16D2
MODIFYING THE PEPPER RANCH PRESERVE QUALITY
WILDLIFE MANAGEMENT HUNT PROGRAM TO ALLOW
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June 10, 2014
ONE SHOOTING GUEST TO ACCOMPANY EACH HUNTER
DURING HIS OR HER PERMITTED QUOTA HUNT — THERE
WILL BE A TOTAL OF 10 HOG QUOTA HUNT PERMITS
ISSUED, 8 PERMITS FOR NORTH OF THE RANCH AND 2
PERMITS FOR THE ARCHERY ONLY
Item #16D3
A BUDGET AMENDMENT RECOGNIZING $120,306.47 IN
PROGRAM INCOME REVENUE GENERATED BY THE SALE
OF A SINGLE-FAMILY HOME AND REVENUE GENERATED
BY AFFORDABLE RENTAL PROPERTIES ACQUIRED UNDER
THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP1) —
FOR INCOME GENERATED DURING THE MONTHS OF
OCTOBER 2013 THROUGH FEBRUARY 2014
Item #16D4
AUTHORIZING A PAYMENT OF A $11,129.15 INVOICE FOR
THE PUBLIC'S USE OF SOVEREIGNTY SUBMERGED LANDS
AT GOODLAND BOAT PARK, APPROVE SUBMITTAL OF THE
2013/2014 FLORIDA ANNUAL WET SLIP REVENUE REPORT
FORM TO THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION AND AUTHORIZE THE
CHAIRMAN TO SIGN THE REVENUE REPORT
CERTIFICATION — FOR THE GOODLAND BOATING PARK,
RAMP AND DOCKING
Item #16D5
AN AGREEMENT BETWEEN COLLIER COUNTY AND THE
EARLY LEARNING COALITION OF SOUTHWEST FLORIDA
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June 10, 2014
FOR A SCHOOL READINESS EDUCATION PROGRAM WITH
ESTIMATED REIMBURSEMENTS TO THE COUNTY OF
$90,600 ANNUALLY, AUTHORIZE THE COUNTY MANAGER
OR HIS DESIGNEE TO COMPLETE THE ADMINISTRATIVE
DOCUMENTS, AND AUTHORIZE THE COUNTY MANAGER
AND/OR HIS DESIGNEE TO SIGN IN SUBSEQUENT YEARS —
FOR LOW-COST SCHOOL READINESS EDUCATION
PROGRAM FOR THE CHILDREN OF COLLIER COUNTY
Item #16D6
RESOLUTION 2014-110: A RESOLUTION AUTHORIZING THE
PUBLIC TRANSIT MANAGER TO SUBMIT BOARD-
APPROVED FEDERAL TRANSIT ADMINISTRATION GRANT
APPLICATIONS, AWARDS, AND AGREEMENTS THROUGH
THE TRANSPORTATION ELECTRONIC AWARD AND
MANAGEMENT SYSTEM
Item #16D7
RESOLUTION 2014-111 : APPROVING THE FY 2014/15
TRANSPORTATION DISADVANTAGED TRUST FUND
TRIP/EQUIPMENT GRANT AGREEMENT WITH THE FLORIDA
COMMISSION FOR THE TRANSPORTATION
DISADVANTAGED IN THE AMOUNT OF $781,793 WITH A
LOCAL MATCH OF $86,866 AUTHORIZE THE CHAIRMAN TO
EXECUTE THE AGREEMENT AND RESOLUTION AND
AUTHORIZE THE REQUIRED BUDGET AMENDMENTS
Item #16D8
AUTHORIZING THE CHAIRMAN TO EXECUTE THE PARKS
Page 217
June 10, 2014
AND RECREATION DEPARTMENT FACILITY USE
MEMORANDUM OF UNDERSTANDING (MOU) WITH THE
NAPLES BMX, INC., TO OPERATE BMX RELATED EVENTS
AT THE WHEELS SKATE AND BMX PARK — THE EVENTS
WILL BE HELD AT THE GOLDEN GATE COMMUNITY
CENTER PARK
Item #16D9
A GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT
OF CHILDREN AND FAMILIES TO IMPLEMENT A THREE-
YEAR CRIMINAL JUSTICE MENTAL HEALTH AND
SUBSTANCE ABUSE REINVESTMENT GRANT PROGRAM IN
THE AMOUNT OF $853,316.71 AND APPROVE SUBRECIPIENT
AGREEMENTS WITH THE DAVID LAWRENCE CENTER FOR
$367,140.80, THE COLLIER COUNTY SHERIFF'S OFFICE FOR
$333,123, AND THE NATIONAL ALLIANCE OF MENTAL
ILLNESS OF COLLIER COUNTY FOR $106,686 — THE
EFFECTIVE DATES ARE FROM JULY 1, 2014 THROUGH JUNE
30, 2017
Item #16E1
STANDARDIZE THE USE OF ESRI GIS PRODUCTS, WAIVE
COMPETITION AND AUTHORIZE SINGLE SOURCE
PURCHASES WITH ESRI FOR THE COUNTY'S GEOGRAPHIC
INFORMATION SYSTEMS (GIS) SOLUTIONS. ESTIMATED
ANNUAL FISCAL IMPACT IS $100,000 — ESRI WILL BE THE
SINGLE SOURCE PROVIDER FOR THE LIST IN THE
EXECUTIVE SUMMARY FOR FIVE YEARS
Item #16E2
Page 218
June 10, 2014
A COLLECTIVE BARGAINING AGREEMENT BETWEEN
COLLIER COUNTY AND THE PROFESSIONAL
FIREFIGHTERS OF THE EVERGLADES INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS, LOCAL 3670 — THE NEW
COLLECTIVE BARGAINING AGREEMENT HAS THE
EFFECTIVE DATE OF JUNE 10, 2014 THROUGH SEPTEMBER
30, 2017, AND FURTHER PROVIDES FOR THE IMMEDIATE
TERMINATION OF THE PREVIOUS AGREEMENT
Item #16E3
AUTHORIZING THE CHAIRMAN TO SIGN STATE-FUNDED
SUBGRANT AGREEMENT 15-BG-83-09-21-01-011 ACCEPTING
A GRANT AWARD TOTALING $105,806 FROM THE FLORIDA
DIVISION OF EMERGENCY MANAGEMENT FOR
EMERGENCY MANAGEMENT PROGRAM ENHANCEMENT
AND APPROVE THE ASSOCIATED BUDGET AMENDMENT —
FUNDING WILL PROVIDE FOR GENERAL OPERATING
EXPENSES THAT INCLUDE OFFICE SUPPLIES,
CONDUCTING DISASTER EXERCISES AND DAY TO DAY
OPERATIONS
Item #16E4
A FEDERALLY FUNDED SUBGRANT AGREEMENT TO
ACCEPT THE ANNUAL EMERGENCY MANAGEMENT
PERFORMANCE GRANT (EMPG), IN THE AMOUNT OF
$102,788 FOR EMERGENCY MANAGEMENT PLANNING,
RESPONSE, AND MITIGATION EFFORTS AND TO
AUTHORIZE THE NECESSARY BUDGET AMENDMENT —
THE AGREEMENT BEGINS ON JULY 1, 2014 AND WILL END
Page 219
June 10, 2014
ON JUNE 30, 2015
Item #16E5
ACCEPT THE REPORTS AND RATIFY STAFF-APPROVED
CHANGE ORDERS AND CHANGES TO WORK ORDERS — FOR
THE PERIOD OF APRIL 16, 2014 THROUGH MAY 12, 2014
Item #16E6
AUTHORIZE THE CHAIRMAN TO EXECUTE AN
INTERLOCAL AGREEMENT FOR AN ADVANCED LIFE
SUPPORT PARTNERSHIP BETWEEN COLLIER COUNTY AND
THE GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
— A THREE YEAR AGREEMENT THAT ALLOWS FOR THE
GOLDEN GATE AND COUNTY FIREFIGHTER/PARAMEDIC
OR FIREFIGHTER/EMT TO WORK AND TRAIN WITH
COUNTY ALS TRANSPORT AMBULANCES TO ASSURE
APPROPRIATE RESPONSE AND SUFFICIENT EMERGENCY
MEDICAL RESOURCES
Item #16E7
A LEASE AGREEMENT WITH GOLDEN GATE FIRE
CONTROL AND RESCUE DISTRICT FOR GOLDEN GATE FIRE
DEPARTMENTS USE OF EMS STATION 75 WITH NO
ANNUAL RENT — A FIVE YEAR LEASE COMMENCING JULY
1, 2014 WITH 5 AUTOMATIC FIVE-YEAR RENEWALS FOR
WHICH GOLDEN GATE FIRE DISTRICT WILL BE
RESPONSIBLE FOR FORTY PERCENT OF THE UTILITIES,
WATER/SEWER, ELECTRIC, GAS, CABLE/INTERNET,
TELEPHONE, WASTE COLLECTION AND YARD
Page 220
June 10, 2014
MAINTENANCE
Item #16E8
AWARD INVITATION TO BID (ITB) #13-6180 ANNUAL
CONTRACT FOR TEE SHIRTS AND EMS (EMERGENCY
MEDICAL SERVICES) UNIFORMS, TO VARIOUS VENDORS
INCLUDING, GALLS, LLC, T SHIRT EXPRESS, SP DESIGNS,
SCREEN PRINTING UNLIMITED, AND ARAMARK — FOR
COUNTY DEPARTMENTS WITH UNIFORMS THAT DEPICT
AN EMBLEM ON THE DUTY PANTS, GLOVES, BOOTS AND
TACTICAL GEAR
Item #16E9
AUTHORIZE THE CHAIRMAN TO SIGN THE ASSUMPTION
AGREEMENT FROM THE GARRETSON LAW FIRM, LLC
D/B/A RHODES, TUCKER & GARRETSON TO BRENDA C.
GARRETSON, AS IT RELATES TO CONTRACT #13-6016 FOR
SPECIAL MAGISTRATE SERVICES FOR CODE
ENFORCEMENT — FOR WHICH PURCHASING WAS NOTIFIED
OF THE SEPARATION ON MARCH 21, 2014
Item #16E10
PROCEED WITH PLANNING, DESIGN, AND CONSTRUCTION
OF AN ADDITIONAL SITE FOR THE 800 MHZ PUBLIC
SAFETY RADIO SYSTEM IN NORTH NAPLES AND TO
APPROVE A TOWER LEASE AGREEMENT (ANNUAL COST
$39,000) TO PROVIDE GROUND AND TOWER SPACE FOR
THE SITE (PROJECT COST, $675,000)
Page 221
June 10, 2014
Item #16E11
APPROVE THE RANKED LIST OF DESIGN PROFESSIONALS
PURSUANT TO REQUEST FOR PROPOSAL (RFP) #14-6279 P25
RADIO CONSULTING SERVICES AND AUTHORIZE STAFF TO
BRING NEGOTIATED CONTRACTS TO THE BOARD FOR
SUBSEQUENT APPROVAL
Item #16F1
APPROVE THE COLLIER COUNTY 2014 FEDERAL
LEGISLATIVE AGENDA — WHICH INCLUDE ECONOMIC
DEVELOPMENT; SHORE PROTECTION, WATER
INFRASTRUCTURE, PUBLIC WORKS; TRANSPORTATION;
ENERGY, SUSTAINABILITY AND FEDERAL LANDS; HUMAN
SERVICES; PUBLIC SAFETY, DISASTER PREPAREDNESS
AND RECOVERY; AVIATION; LOCAL GOVERNMENT
ADMINISTRATION AND RECREATION & CULTURAL
RESOURCES
Item #16F2
ACCEPT THE 2014 STATE OF FLORIDA LEGISLATIVE
SESSION SUMMARY REPORT PROVIDED BY COLLIER
COUNTY'S LEAD STATE LOBBYING FIRM — KEITH ARNOLD
AND BRETT BASCOT OF BUCHANAN INGERSOLL &
ROONEY, P.C./FOWLER WHITE BOGGS
Item #16F3
A REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO
Page 222
June 10, 2014
AND INCLUDING $14,655 AND $1,900, RESPECTIVELY — FOR
THE PURCHASE OF NEW EQUIPMENT FOR THE NEW FIRE
STATION AT PORT OF THE ISLES AND COMPUTER
SOFTWARE
Item #16F4
RESOLUTION 2014-112: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2013-14 ADOPTED BUDGET
Item #16F5
A MEMORANDUM OF UNDERSTANDING BETWEEN
COLLIER COUNTY, ENTERPRISE FLORIDA, INC. AND THE
PARTNERSHIP FOR COLLIER'S FUTURE ECONOMY FOR THE
PURPOSE OF DESIGNATING THE PARTNERSHIP FOR
COLLIER'S FUTURE ECONOMY AS COLLIER COUNTY'S
PRIMARY ECONOMIC DEVELOPMENT PARTNER CONTACT
WITH ENTERPRISE FLORIDA, INC. — TO BE NAMED AS A
PRIMARY PARTNER TO RECEIVE LEADS AND WORK
TOGETHER WITH EFI TO DEVELOP PROSPECT PROPOSAL
RESPONSES, FACILITATE EFFECTIVE COMMUNICATION OF
STRATEGIES AND INFORMATION TO LOCAL AND
REGIONAL PARTNERS
Item #16H1
RESOLUTION 2014-113: REAPPOINT ONE MEMBER TO THE
CONTRACTORS LICENSING BOARD — REAPPOINTING KYLE
E. LANTZ WITH TERM TO EXPIRE ON JUNE 30, 2017
Page 223
June 10, 2014
Item #16H2
RESOLUTION 2014-114: REAPPOINT ONE MEMBER TO THE
HOUSING FINANCE AUTHORITY — REAPPOINTING
MICHAEL CARR WITH TERM EXPIRING ON JUNE 25, 2018
Item #16H3
RESOLUTION 2014-115: REAPPOINT ONE MEMBER TO THE
EDUCATIONAL FACILITIES AUTHORITY — REAPPOINTING
CLAY W. CONE WITH TERM EXPIRING ON MARCH 23, 2019
Item #16H4
RESOLUTION 2014-116: APPOINT A MEMBER TO THE
GOLDEN GATE BEAUTIFICATION ADVISORY COMMITTEE —
APPOINTING JENNIFER W. WILLIAMS FULFILLING THE
REMAINDER OF A VACANT TERM THAT WILL EXPIRE ON
OCTOBER 6, 2015
Item #16H5
RESOLUTION 2014-117: RECLASSIFY ONE ALTERNATE
MEMBER AS A REGULAR MEMBER OF THE ALL TERRAIN
VEHICLE PARK AD HOC COMMITTEE — RECLASSIFYING
ALTERNATE MEMBER GREG WESTGATE AS A REGULAR
MEMBER WITH THE COMMITTEE DUE TO SUNSET ON JUNE
12, 2015
Item #16J1
Page 224
June 10, 2014
PROVIDE TO THE BOARD OF COUNTY COMMISSIONERS
THE CLERK OF THE CIRCUIT COURT'S INTERNAL AUDIT
REPORT 2014-7 FEE PAYMENT ASSISTANCE PROGRAM:
GUADALUPE CENTER, INC., ISSUED ON JUNE 4, 2014 1
Item #16J2
PROVIDE TO THE BOARD OF COUNTY COMMISSIONERS
THE CLERK OF THE CIRCUIT COURT'S INTERNAL AUDIT
REPORT 2014-8 JOB CREATION INVESTMENT PROGRAM:
ANIMAL SPECIALTY CENTER OF FLORIDA, LLC, ISSUED ON
JUNE 4, 2014
Item #16J3
EXPENDITURES SERVING A VALID PUBLIC PURPOSE AND
APPROVAL OF DISBURSEMENTS FOR THE PERIOD OF MAY
22, 2014 THROUGH MAY 28, 2014
Item #16J4
EXPENDITURES SERVING A VALID PUBLIC PURPOSE AND
APPROVAL OF DISBURSEMENTS FOR THE PERIOD OF MAY
29, 2014 THROUGH JUNE 4, 2014
Item #16K1
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$38,500 FOR THE ACQUISITION OF PARCELS 170DE(R) AND
170TCE IN THE LAWSUIT STYLED COLLIER COUNTY,
FLORIDA V. HOLISTIC HEALTH HEALING, INC., ET AL.,
CASE NO. 12-CA-1756 (US 41 DITCH/NAPLES MANOR
Page 225
June 10, 2014
CANAL/LASIP PROJECT #51101). (FISCAL IMPACT: $13,300)
Item #16K2
RESOLUTION 2014-118: A RESOLUTION PURSUANT TO LDC
SECTION 3.05.09 DESIGNATING CERTAIN JAVA PLUMS
LOCATED AT 549 MYRTLE ROAD, NAPLES, FLORIDA, AS
SPECIMEN TREES, AND THAT STAFF IS TO TAKE NO
FURTHER ACTION WITH RESPECT TO THIS MATTER
Item #16K3
REJECT A WRITTEN SETTLEMENT OFFER PRESENTED BY
PLAINTIFF EVELYN PRIETO IN THE LAWSUIT STYLED
EVELYN PRIETO V. COLLIER COUNTY AND IAN MITCHELL
(CASE NO. 2:13-CV-489-FTM-38CM) NOW PENDING IN THE
UNITED STATES DISTRICT COURT, MIDDLE DISTRICT OF
FLORIDA FORT MYERS DIVISION AND TO DIRECT THE
COUNTY ATTORNEY TO PROCEED WITH THE DEFENSE OF
THE LAWSUIT INCLUDING FILING A MOTION FOR
SUMMARY JUDGMENT. (POTENTIAL FISCAL IMPACT
$75,000)
Item #17A — Continued Indefinitely
RECOMMENDATION TO ADOPT AN ORDINANCE
AMENDING ORDINANCE NO. 2002-17, THE COLLIER
COUNTY WATER IRRIGATION ORDINANCE, TO MAINTAIN
COMPATIBILITY WITH THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT'S, MANDATORY YEAR-ROUND
LANDSCAPE IRRIGATION CONSERVATION MEASURES, AS
AMENDED, AND PROVIDING FOR THE REPEAL OF
Page 226
June 10, 2014
ORDINANCE NO. 2000-61, AS REDUNDANT
Item #17B
ORDINANCE 2014-19: 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 C-1 ZONING
DISTRICT TO A C-4 ZONING DISTRICT FOR THE PROJECT
KNOWN AS WALGREENS NAPLES REZONE LOCATED ON
PINE RIDGE ROAD, EAST OF AIRPORT-PULLING ROAD IN
SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 1.79± ACRES;
AND BY PROVIDING AN EFFECTIVE DATE [RZ-
PL20130001302].
Item #17C
ORDINANCE 2014-20: APPROVING A PORTION OF THE 2013
CYCLE 1 OF GROWTH MANAGEMENT PLAN AMENDMENTS
SPECIFIC TO THE OLDE FLORIDA GOLF CLUB PETITION.
(ADOPTION HEARING) (COMPANION TO REZONE PETITION
PUDZ-PL20130001374, GOLF CLUB OF THE EVERGLADES
RESIDENTIAL PLANNED UNIT DEVELOPMENT)
Item #17D — One clerical change (Per Agenda Change Sheet)
Page 227
June 10, 2014
ORDINANCE 2014-21 : 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 RURAL
AGRICULTURAL (A) ZONING DISTRICT WITHIN THE RURAL
FRINGE MIXED USE DISTRICT - NEUTRAL LANDS
OVERLAY AND RECEIVING LANDS OVERLAY, TO A
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD)
ZONING DISTRICT WITHIN THE RURAL FRINGE MIXED USE
DISTRICT - RECEIVING LANDS OVERLAY, TO BE KNOWN
AS THE GOLF CLUB OF THE EVERGLADES RPUD TO
ALLOW UP TO 750 RESIDENTIAL DWELLING UNITS, A
GOLF COURSE AND RELATED RECREATIONAL USES AND
172 ACRES OF NATIVE VEGETATION PRESERVE. THE
SUBJECT PROPERTY IS LOCATED ON VANDERBILT BEACH
ROAD EXTENSION, JUST EAST OF COLLIER BOULEVARD,
IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 27 EAST AND
SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA CONSISTING OF 835.684±
ACRES; PROVIDING FOR REPEAL OF RESOLUTION NOS. 99-
61, 00-189, 07-117 AND ORDINANCE NO. 10-08; AND BY
PROVIDING AN EFFECTIVE DATE [PUDZ-PL201300001374]
(COMPANION TO PL20130000365/CP2013-4)
Page 228
June 10, 2014
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4:51 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
TOM HENN G, C •i, RMAN
ATTEST
DWIGHT E. BROCK, CLERK
•
n w g
a A...
Attes as tothajrpian'!'
signature only.
These minutes approved by the Board on Sh/ /f ,dc/7
as presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC., BY TERRI LEWIS, COURT
REPORTER AND NOTARY PUBLIC.
Page 229