BCC Minutes 09/23/2014 R BCC
REGULAR
MEETING
MINUTES
September 23 , 2014
September 23, 2014
TRANSCRIPT OF THE MEETING
OF THE BOARD OF COUNTY COMMISSIONERS
Naples, Florida, September 23, 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 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
Fred Coyle
Georgia Hiller
ALSO PRESENT:
Leo E. Ochs, Jr., County Manager
Jeffrey 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
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
September 23, 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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September 23,2014
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. Pastor Jim Thomas - East Naples United Methodist Church
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.)
B. July 8, 2014 - BCC/Regular Meeting
C. September 4, 2014 - BCC/Budget Hearing
3. SERVICE AWARDS — EMPLOYEE
A. 20 Year Attendees
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September 23, 2014
1) Gonzalo Blanco-Road Maintenance
2) Patricia Dixon-EMS
3) Jonathan Harraden-EMS
4) Mike Ossorio-Building Review & Permitting
5) Eva Weeks-EMS, Michele Williamson-EMS
B. 25 Year Attendees
1) Irving Baez-Park & Recreation
2) Jim Foster-Public Utilities Engineering
3) George Yilmaz-Public Utilities Administration
C. Retirees
1) Millie Kelley - Wastewater (33 years of service)
2) Zeb Harris-Parks and Recreation (24 years of service)
3) Eva Weeks-EMS (20 years of service)
4) David Perry - Pollution Control (13 years of service)
4. PROCLAMATIONS
A. Proclamation to declare the fourth Thursday of September "Remember Me
Thursday" in Collier County, in remembrance of the millions of pets that
lost their lives without the benefit of a loving home. To be accepted by
Darcy Andrade, Kellie Carroll, Kathy Drew, Tammy Wolny, Kyra Lynch,
and Geri Lynn Waterbury from Domestic Animal Services. Sponsored by
the Board of County Commissioners.
B. Proclamation recognizing the Rookery Bay National Estuarine Research
Reserve and designating September 27th as National Estuaries Day in
Collier County. To be accepted by Brooke Carney representing the Rookery
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September 23, 2014
Bay National Estuarine Research Reserve. Sponsored by Commissioner
Fiala.
5. PRESENTATIONS
A. Recommendation to recognize Sean McNichols EMT II, EMS, as the
Employee of the Month for August 2014.
B. Presentation by Dan A. Hughes Company regarding drilling operations at
the Collier Hogan well-site.
6. PUBLIC PETITIONS
A. Public Petition request from Robert Wallace requesting a moratorium on
development in excess of LDC 6.05.01F and using driven pilings.
B. Public Petition request from David Bolduc requesting that the Board of
County Commissioners place an item on a future agenda to discuss the
creation of a public bank.
Item 7 to be heard no sooner than 1:00 pm unless otherwise noted.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
Item 8 to be heard no sooner than 1:30 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
Item 9 to be heard no sooner than 1:30 pm unless otherwise noted.
9. ADVERTISED PUBLIC HEARINGS
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to authorize the County Attorney to advertise for future
consideration an ordinance amending Ordinance No. 2012-23, which
established the Collier County Public Safety Authority. (Commissioner
Henning)
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September 23, 2014
B. Recommendation that the Board direct the County Manager review and
propose revisions to the county's investment policy given the current
economic climate and changes in state law which have occurred since 2002;
that the County Attorney review County Ordinance 87-65 and Resolution
95-552 (as amended in 2002), and staff's recommended investment policy
modifications to ensure compliance with Fla. Stat. 218.415 and applicable
local law, such as the County's Purchasing Ordinance; and, that the County
Manager and County Attorney jointly review the Clerk's operational rules
governing deposits and investments of county funds to ensure consistency
with the Board's safekeeping and investment plans and policies, and, local
and state law. That the updated investment policy be brought to the board
for approval at the first board meeting in October. (Commissioner Hiller)
C. Recommendation for the Board of County Commissioners to accept into the
official record the attached banking services documents. (Commissioner
Hiller)
11. COUNTY MANAGER'S REPORT
A. This item continued from the September 9, 2014 BCC Meeting.
Recommendation to authorize advertising an ordinance creating the Platt
Road Improvement Municipal Service Taxing Unit to fund and levy not to
exceed three mills of Ad Valorem Taxes per year to reimburse the County
$10,500 for emergency roadway improvements made to Platt Road.
(Michelle Arnold, Alternative Transportation Modes Director)
B. Recommendation to complete the Annual Performance Appraisal for the
County Manager. (Leo E. Ochs, Jr., County Manager)
C. Recommendation that the Board of County Commissioners extend the
County Manager Employment Agreement with Leo E. Ochs, Jr., fixing the
end date of the second extension term as September 30, 2017. (Leo E. Ochs,
Jr., County Manager)
12. COUNTY ATTORNEY'S REPORT
A. Recommendation to approve a Mediated Settlement Agreement for the
payment of a global settlement of$3,145,000 for the taking of Parcel
120FEE in the case styled Collier County v. New Plan Florida Holdings,
LLC for the improvements to the intersection of Collier Boulevard (C.R.
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September 23, 2014
951) and US 41 (Project No. 60116). (Fiscal Impact: $2,041,170)
B. Request that the Board of County Commissioners provide direction to the
County Attorney as to whether to intervene in litigation with the Florida
Department of Environmental Protection ("FDEP") against the Dan A.
Hughes Company, L.P., based on Hughes Company's ("Hughes Company")
unauthorized acid fracking activities in Collier County.
C. The Annual Performance Appraisal for the County Attorney.
D. Recommendation that the Board of County Commissioners extends the
County Attorney Employment Agreement to September 30, 2017.
13. OTHER CONSTITUTIONAL OFFICERS
A. Recommend the Board of County Commissioners (Board) approve the
attached newly proposed three party agreement for Banking Services
between the Clerk, the Board and First Florida Integrity Bank and
acknowledge any waivers of the Board's Purchasing Policy as the
solicitation was made in accordance with the Clerk's purchasing policy.
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Current BCC Workshop Schedule
16. CONSENT AGENDA - ALL MATTERS LISTED UNDER THIS ITEM ARE
CONSIDERED TO BE ROUTINE AND ACTION WILL BE TAKEN BY
ONE MOTION WITHOUT SEPARATE DISCUSSION OF EACH ITEM. IF
DISCUSSION IS DESIRED BY A MEMBER OF THE BOARD, THAT
ITEM(S) WILL BE REMOVED FROM THE CONSENT AGENDA AND
CONSIDERED SEPARATELY.
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September 23, 2014
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to approve an Easement Use Agreement between
Collier County and the property owner for portions of Lots 3 and 4,
Block C, Kensington Park Phase One, which plat was approved by the
Board of County Commissioners on February 23, 1993, and recorded
at Plat Book 21, Pages 62 through 67.
2) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Vercelli Replat,
Application Number PL20140001449.
3) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve a Resolution for final acceptance of the roadway and drainage
improvements, and acceptance of the plat dedications, for the final
plats of Madison Park Phase One (AR-5760) and Madison Park Phase
Two (AR-6003) authorize release of the maintenance securities for the
plats in the amount of$63,933 and $296,045.65, respectively and
authorize the Chairman to execute a standard Collier County
Landscape Maintenance Agreement between Collier County and the
Madison Park Homeowner's Association relating to roadways within
the subject plats.
4) Recommendation to approve a revised version of the Memorandum of
Agreement between Collier County and the Big Cypress National
Preserve (in place of an earlier Board approved version) detailing the
terms of a combined effort designed to restore a more natural surface
water flow pattern to a section of the Turner River.
5) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
152RDUE) required for the expansion of Golden Gate Boulevard
from east of Wilson Boulevard to 20th Street East. Project No. 60040
(Fiscal Impact: $10,521).
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September 23, 2014
6) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
241RDUE) required for the expansion of Golden Gate Boulevard
from east of Wilson Boulevard to 20th Street East. (Project No.
60040) (Fiscal Impact: $2,977).
7) Recommendation to approve the selection committee rankings and
authorize staff to enter into contract negotiations with the number one
ranked firm, Allied Engineering & Testing for RFP No. 14-6319
"Materials Verification Testing Services for Collier Boulevard &
Green Boulevard," for Project #68056.
8) Recommendation to adopt a Resolution amending Resolution 2010-
29, relating to the Stewardship Sending Area with a designation as
"Sunniland Family SSA 12"; approving the extension of certain dates
to February 9, 2018 in the Stewardship Sending Area credit agreement
for Sunniland Family SSA 12 and the Escrow agreement for
Sunniland Family SSA 12.
9) Recommendation to adopt a Resolution amending Resolution 2013-
199, which amended Resolution 2008-331, relating to the Stewardship
Sending Area with a designation as "CLH SSA 14"; approving the
extension of certain dates to November 18, 2017 in the Stewardship
Sending Area credit agreement for CLH SSA 14 and the Escrow
agreement for CLH SSA 14.
10) Recommendation to adopt a Resolution amending Resolution 2013-
200, which amended Resolution 2008-329, relating to the Stewardship
Sending Area with a designation as "CLH and CDC SSA 15";
approving the extension of certain dates to November 18, 2017 in the
Stewardship Sending Area credit agreement for CLH and CDC SSA
15 and the Escrow agreement for CLH and CDC SSA 15.
11) Recommendation to adopt a Resolution amending Resolution 2013-
201, which amended Resolution 2008-330, relating to the Stewardship
Sending Area with a designation as "CDC SSA 16"; approving the
extension of certain dates to November 18, 2017 in the Stewardship
Sending Area credit agreement for CDC SSA 16 and the Escrow
agreement for CDC SSA 16.
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September 23, 2014
12) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
235RDUE) required for the expansion of Golden Gate Boulevard
from east of Wilson Boulevard to 20th Street East. Project No. 60040
(Fiscal Impact: $3,527).
13) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve a clarification on the applicability of Resolution 2014-155,
which placed a stay on Development Orders for Service Stations with
more than eight fuel pumps when the proposed facility is adjacent to
Residential Property.
14) Recommendation to award Invitation to Bid (ITB) #14-6336,
"Roadway Sign Installation and Replacement," to Municipal Supply
and Sign Company for signage maintenance.
15) Recommendation to approve a Resolution authorizing the County
Manager to designate an official to provide signature authority on
behalf of the County for Resources and Ecosystem Sustainability,
Tourist Opportunities, and Revived Economies of the Gulf Coast
States Act of 2012 (RESTORE) grant applications submitted through
the federal GrantSolutions online grant management system.
16) Recommendation to approve the release of a Code Enforcement Lien
with an accrued value of$259,082 for payment of$532, in the Code
Enforcement action entitled Board of County Commissioners v. Jesus
Jaime and Maria Martinez, Code Enforcement Board Case No.
CELU20120008659, relating to property located at 3014 Everglades
Boulevard S., Collier County, Florida.
17) Recommendation to approve the release of a Code Enforcement Lien
with an accrued value of$431,864.18, for payment of$714.18, in the
Code Enforcement action entitled Board of County Commissioners v.
Jeffrey A. Macasevich, Code Enforcement Board Case No.
2006100314, relating to property located at 4469 Lakewood
Boulevard, Collier County, Florida.
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September 23, 2014
18) Recommendation to approve the release of a Code Enforcement Lien
with an accrued value of$27,438.46, for payment of$1,888.46, in the
Code Enforcement action entitled Board of County Commissioners v.
Camil Camili, Special Magistrate Case No. CEPM20130002097,
relating to property located at 1353 Briarwood Court, Collier County,
Florida.
19) Recommendation to approve the release of a Code Enforcement Lien
with a net accrued value of$64,579.84 for payment of$679.28, in the
Code Enforcement action entitled Board of County Commissioners
vs. Walter David Crawford, Special Magistrate Case No.
CEPM20140000371, relating to property located at 270 Sugar Loaf
Lane, Collier County, Florida.
20) Recommendation to approve the release of a Code Enforcement Lien
with an accrued value of$33,112.38, for payment of$562.38, in the
Code Enforcement action entitled Board of County Commissioners v.
Daniel W. Sasaki and Julie B. Carlin-Sasaki, Special Magistrate Case
No. CEPM20130000199, relating to property located at 16540 Cellini
Lane, Collier County, Florida.
21) Recommendation to approve the release of a Code Enforcement Lien
with an accrued value of$9,119.77, for payment of$1,119.77, in the
Code Enforcement action entitled Board of County Commissioners v.
William Hilderbrand and Sandra Leonard, Special Magistrate Case
No. CEPM20100019517, relating to property located at 717
Crossfield Circle, Collier County, Florida.
22) Recommendation to approve the release of a Code Enforcement Lien
with a present accrued value of$54,550, for payment of$450, in the
Code Enforcement action entitled Board of County Commissioners v.
Taylor Bean and Whitaker Mortgage Corp., Special Magistrate Case
No. CEPM20120012329, relating to property located at 717
Crossfield Circle, Collier County, Florida.
23) Recommendation to approve the release of a Code Enforcement Lien
with a net accrued value of$179,316.44, for payment of$531.15, in
the Code Enforcement action entitled Board of County
Commissioners v. Jennifer Carolyn Samuels, Code Enforcement
Board Case No. CESD20090000661, relating to property located at
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September 23, 2014
4320 14th St. NE, Collier County, Florida.
24) Recommendation to approve the release of a Code eEnforcement Lien
with an accrued value of$11,622.86, for payment of$1,272.86, in the
Code Enforcement action entitled Board of County Commissioners v.
Joseph and Maria Ranghelli, Code Enforcement Board Case No.
CEPM20100007867, relating to property located at 11169 Longshore
Way W., Collier County, Florida.
25) Recommendation to approve the release of a Code Enforcement Lien
with an accrued value of$11,745.57, for payment of$5,000, in the
Code Enforcement action entitled Board of County Commissioners v.
Leon D. and Joan McCaskey, Code Enforcement Board Case No.
CEVR20110014528, relating to property located at 1335 Center Lane,
Collier County, Florida
26) Recommendation to approve proposed revisions to the Right-of-Way
Permit forms for temporary, special event directional signs, and to
approve a resolution updating the Right-of-Way Permitting Fee
Schedule Resolution to reflect the related $75 fee.
27) Recommendation to remove 42 Adopt-a-Road sponsors from the
Adopt-a-Road Program to provide opportunities for new sponsors.
28) Recommendation to approve and authorize the Chairman to sign a
Collier County Landscape Maintenance Agreement (Agreement)
between Collier County and the Royal Wood Master Association, Inc.
for a landscape planting along Santa Barbara Boulevard and reduce
the permitting fees from $2,000 for a commercial large residential
development to $200 for a residential landscaping site.
29) Recommendation to authorize budget amendments to recognize
revenue for projects within the Transportation Capital Funds in the
amount of$86,599.18.
30) Recommendation to authorize the Director of Transportation
Engineering to execute Standard Zero-Dollar Construction
Agreements with the State of Florida Department of Transportation
acting as the Construction Coordinator for Collier County to ensure
that all improvements constructed through the FDOT permitting
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September 23, 2014
process within the State right-of-way comply with FDOT standards
and conditions.
31) Recommendation to approve revisions to the Palm River Park
agreement with Wallace Homes of Southwest Florida, Inc., the Palm
River Homeowners and Civic Association, and Collier County
(Project Number #60184).
32) Recommendation to award a construction contract in the amount of
$305,000 to Bonness Inc., for (ITB) Bid No. 14-6315 "Palm River
Park" for construction of sidewalk and landscape improvements
(Project #60184).
33) Recommendation to approve and execute Interlocal Agreements with
the City of Marco Island and City of Naples and authorize the
disposition of traffic operation equipment to those cities per Board
Agreements previously executed with the Florida Department of
Transportation.
34) Recommendation to approve proposed revisions to the Construction
Standards Handbook for Work Within the Public Right-of-Way,
relating to performance bonds for improvements in the public rights-
of-way, and certain cosmetic revisions, and to allow staff to further
amend the Handbook for future Board consideration.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners (BCC), in
its capacity as the Collier County Community Redevelopment Agency
(CRA), authorize its Chairman to notify the United States Department
of Agriculture (USDA) of its termination of the Rural Business
Enterprise Grant (RBEG) agreement valued at $35,000 for a
feasibility study for the Immokalee Business Development Center
(IBDC) which is no longer operated by the CRA. Approval of this
item will allow local CRA funds (Fund 186) in the amount of
$2,528.79 to be used to pay the total project expenditure in lieu of
using USDA grant funds.
2) Recommendation that the Collier County Board of County
Commissioners (BCC), as the Community Redevelopment Agency
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September 23,2014
(CRA), approve a budget amendment reflecting a budget increase in
the amount of$633,739.04 related to the previously approved Disaster
Recovery Enhancement Funds (DREF) grant agreement between the
BCC and the Immokalee CRA.
C. PUBLIC UTILITIES DIVISION
1) Recommendation to approve the selection committee rankings and
authorize staff to proceed to the next step in the selection process for
Request for Proposal No. 14-6287, Design and Related Services for
Deep Injection Wells, Project Number #70104.
2) Recommendation to award Bid #14-6260, "Hazardous Materials
Management Contractor," to E.Q. Florida, Inc.
3) Recommendation to approve a Utility Work Agreement with the
Florida Department of Transportation (FDOT) to locate, protect, and
adjust if necessary Collier County Water-Sewer District (CCWSD)
utilities in conjunction with an FDOT project to resurface and replace
signal mast arms along State Route 84 (Davis Boulevard) between
Airport-Pulling Road and Heritage Trail; and approve an FDOT
standard form resolution authorizing the Chairman of the Board of
County Commissioners to execute the agreement.
4) Recommendation to approve the annual rate resolution to establish the
fees, rates, and charges for the use of Collier County Solid Waste
Facilities, including landfill tipping fees, recycling drop-off center
fees and residential multi-family and commercial waste collection fees
for FY15. This resolution adopts the rates that fund the FY15 budget
for solid waste collection and disposal.
D. PUBLIC SERVICES DIVISION
1) Recommendation to authorize a budget amendment for the U.S.
Department of Housing and Urban Development (HUD) Fiscal Year
2014-15 in the amount of$2,945,603 budget entitlements as approved
in the HUD Annual Action Plan and approve the standard HUD
entitlement agreements upon arrival; approve eight substantial
amendments and nine subrecipient agreements associated with the FY
2014-15 Action Plan, and one agreement amendment to the FY 2013-
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September 23, 2014
14 HUD Annual Action Plan; all for the Community Development
Block Grant, HOME Investment Partnership and Emergency Solution
Grant programs.
2) Recommendation to approve a release acknowledging completion of
the requirements set forth in the "Agreement Authorizing Affordable
Housing Density Bonus and Imposing Covenants and Restrictions on
Real Property" for the Bear Creek Apartments.
3) Recommendation to accept and ratify fee waivers granted by the
Director of Domestic Animal Services for the period of February 1,
2014 through July 31, 2014 in accordance with the process established
by Resolution No. 2014-29.
4) Recommendation to authorize the removal of uncollectible
receivables in the amount of$39,346.05 from the financial records of
the Parks and Recreation Department in accordance with Resolution
2006-252 and authorize the Chair to execute attached Resolution.
5) Recommendation to approve three mortgage satisfactions for State
Housing Initiatives Partnership Program loans in the combined
amount of$62,500.
6) Recommendation to approve a satisfaction of mortgage for the State
Housing Initiatives Partnership Program, accepting $1,637.10 to
satisfy the SHIP mortgage in accordance with the Board's Short Sale
Policy.
7) Recommendation to approve a State Housing Initiatives Partnership
Program satisfaction and release of lien in the amount of$5,793.82
for an owner occupied affordable housing dwelling unit where
obligation has been repaid in full.
8) Recommendation to authorize a budget amendment recognizing
$21,758.51 in program income revenue generated by affordable
rental properties acquired under the Neighborhood Stabilization
Program NSP1.
9) Recommendation to approve the Declaration of Restrictive Covenants
for the Immokalee South Park project as part of the Community
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September 23, 2014
Development Block Grant program requirements.
10) Recommendation to approve after-the-fact electronic submittal of
Senior Corps Retired and Senior Volunteer Program grant application
for FY14-15 to the Corporation for National and Community Service
and approve a budget amendment prior to the execution of funding
award.
11) Recommendation to approve state-required Amendment No. 1 to
Subrecipient Agreements with David Lawrence Mental Health Center,
Inc., NAMI of Collier County, Inc. and the Collier County Sheriff's
Office adding provisions for proper accountability of state resources
and a property clause for the purchase of tangible personal property.
12) Recommendation to approve a Subordination of an Affordable
Housing Density Bonus Lien to allow for a refinancing of first
mortgage.
13) Recommendation to approve a five-year update of the Final
Management Plan for the Conservation Collier Nancy Payton
Preserve.
14) Recommendation to approve two mortgage satisfactions for the State
Housing Initiatives Partnership Program loan in the combined amount
of$27,485.
15) Recommendation to approve an after-the-fact amendment and
attestation statement with Area Agency on Aging for Southwest
Florida, Inc. for the Older Americans Act Program Title III to reflect
an increase in grant funding. (Net Fiscal Impact $7,333)
16) Recommendation to approve after-the-fact contracts, attestation
statements, and budget amendments to reflect actual award of the
Community Care for the Elderly, Alzheimer's Disease Initiative, and
Home Care for the Elderly grants from Area Agency on Aging for
Southwest Florida, Inc. (Net Fiscal Impact -$41,005)
17) Recommendation for after-the-fact approval of an electronic submittal
of the Senior Corps Retired and Senior Volunteer Program 2015-2018
Competition grant application to the Corporation for National and
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September 23, 2014
Community Service.
18) Recommendation to approve an agreement in the amount of$107,283
with the Agency for Health Care Administration and an agreement
with Collier Health Services to participate in the Medicaid Low
Income Pool Program, generating $158,007 in Federal matching funds
that will provide additional health services for the citizens of Collier
County.
19) Recommendation to award Request for Proposals No. 14-6277
"Museum Facility Event Coordinator" to Cater Masters, Inc.
20) This item continued from the September 9, 2013 meeting.
Recommendation to award Invitation to Bid (ITB) No.14-6278RR for
"Aquatic Maintenance Support Services" to Tri-City Pools, Inc., to
provide preventive as well as on-call maintenance and repair support
for County-owned and operated aquatic facilities. Estimated annual
fiscal impact is approximately $80,000.
21) This item continued from the September 9, 2013 meeting.
Recommendation to approve two Modifications to Disaster Recovery
Grant Agreements for disaster relief and long term recovery or
mitigation with the Florida Department of Economic Opportunity, and
approve two associated subrecipient agreement amendments.
22) Recommendation to approve First Amendment to Agreement with the
Collier County Housing Authority, Inc. for the Community
Development Block Grant Electrical Replacement Project to extend
the completion date, and update language throughout amendment to
satisfy local and federal compliance requirements.
23) Recommendation to approve four agreements to allow participation in
Low Income Pool program; two between the County and Agency for
Health Care Administration, and one each between the County and
Naples Community Hospital and County and Physicians Regional
Hospital. The County's total financial commitment is up to
$2,400,300.
24) Recommendation to concur with the selection of Ms. Stephanie Vick
as the new Collier County Health Administrator.
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September 23, 2014
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to approve and authorize the Chair to execute the
Third Amendment to the Agreement for Medical Examiner Services
(Contract No. 11-5776 Medical Examiner) which will extend the term
of the Agreement to September 30, 2015.
2) Recommendation to affirm and clarify the award of ITB #13-6166,
"Electrical Contractors" to E.B. Simmonds Electrical of Naples, Inc.,
Hart's Electrical, Inc., and Technical Management Associates, for on-
call electrical services consistent with the previously approved
contract documents.
3) Recommendation to self-fund the Group Dental Insurance program
and amend Agreement#11-5729, "Third Party Administrator for
Health Benefits" with Allegiance Benefit Plan Management, Inc. to
provide claims administration services for a two year period effective
January 1, 2015, at an estimated annual cost of$58,509.
4) Recommendation to approve the purchase of Liability, Automobile,
Workers Compensation, Aircraft, Airport and other insurance
coverage for FY 2015 in the annual amount of$968,081.22, a
reduction of 7.98% or $83,975.52.
5) Recommendation to approve the purchase of Flood Insurance for
Fiscal Year 2015 in the estimated amount of$347,100.
6) Recommendation to approve and adopt a Resolution approving the
Pay and Classification Plans for the County Manager's Agency and
County Attorney's Office effective October 1, 2014; providing for a
general wage adjustment of up to a $1,000 allowing for marginal
differences for hourly rates due to system rounding or 2% increase to
base pay, whichever is greater, effective on October 4, 2014; and to
approve the creation of new classifications, modification and/or
deletion of classifications and assignment of pay ranges from the
proposed Pay and Classification Plans, from July 1, 2014 forward,
using the existing "Archer" point-factor job evaluation system.
7) Recommendation to approve and execute a United States Department
Page 17
September 23, 2014
of the Interior National Park Service Big Cypress National Preserve
Special Use Permit for a one-year lease extension for the Carnstown
Sheriff's Substation.
8) Recommendation to award Request for Quotation (RFQ) #14-6286 -
Computers for EMS to CDW Government, Inc., utilizing the National
IPA cooperative contract, and authorize the Chairman to sign the Fair
Market Value lease agreement with VAR Resources, Inc., for a total
of$130,285.08 over three years.
9) Recommendation to award invitation to Bid #14-6308 "Fleet and
Equipment Services" to multiple vendors for Fleet Management
Services, repair parts and accessories.
10) Recommendation to execute an Agreement and authorize a Budget
Amendment in an amount not to exceed $62,000 from reserves in the
Golden Gate Estates Land Sales Trust Fund to provide Big Corkscrew
Island Fire Control and Rescue District funding for the purchase of
eight mobile data terminals, installation and technical support and
software update for a Station Alerting System.
F. COUNTY MANAGER OPERATIONS
1) Recommendation that the Board of County Commissioners approve a
120 day extension to the Agreement with the Partnership for Collier's
Future Economy Incorporated.
2) Recommendation to approve an Amendment to the Temporary Use
Agreement with Kraft Office Center LLC, for the no cost use of
furnished office space for the pilot launch of the Soft Landing
Business Accelerator Project.
3) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2013-14 Adopted Budget.
4) Recommendation that the Board of County Commissioners reviews
and approves the proposed FY2015 Action Plan for Leo E. Ochs, Jr.,
County Manager.
Page 18
September 23, 2014
5) Recommendation to approve, and authorize the Chairman to sign, a
one-year extension to the Memorandum of Understanding between the
Collier County Board of County Commissioners and the Early
Learning Coalition of Southwest Florida, Inc., to provide funding in
the amount of$75,000 in Fiscal Year 2015.
6) Recommendation to adopt a resolution authorizing the removal of
non-sufficient funds (NSF) checks in the amount of$196,097.81
deemed uncollectible from the financial records of Collier County in
accordance with Resolution 2006-252.
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to appoint two members to the Pelican Bay Services
Division Board.
2) Recommendation to reappoint a member to the Affordable Housing
Advisory Committee.
3) Recommendation to reappoint two members to the Lely Golf Estates
Beautification MSTU Advisory Committee.
4) Recommendation to appoint a member to the Collier County Coastal
Advisory Committee.
5) Recommendation to appoint two members to the All-Terrain Vehicle
Park Ad Hoc Committee.
6) Recommendation to appoint two members to the Health Facilities
Authority.
MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of August 28, 2014 through
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September 23, 2014
September 03, 2014.
2) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of September 4, 2014
through September 10, 2014.
3) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of September 11, 2014
through September 17, 2014.
4) Tax Collector request for advance commissions in accordance with
Florida statute 192.102(1) for FY2015.
K. COUNTY ATTORNEY
1) Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners against
the Vineyards Development Corporation, Debra Lee Gogan, Amelia
Sosa, and Astrid Ramirez in the Circuit Court of the Twentieth
Judicial Circuit, in and for Collier County, Florida, to recover
damages for the repair of a traffic control box in the amount of
$30,771.56, plus costs of litigation.
2) Recommendation to approve a Joint Motion and Final Judgment in the
amount of$8,187.50 for Parcel 175RDUE in the lawsuit styled Collier
County, Florida v. Robert E. Williams, Tr., et al., Case No. 14-CA-
816 for the Collier Boulevard expansion (Project No. 68056). (Fiscal
Impact $4,987.50)
3) Recommendation that the Board of County Commissioners reviews
and approves the proposed FY 2014 - 2015 Action Plan for Jeffrey A.
Klatzkow, County Attorney.
4) Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners against
Michael H. Chalfin and Tyler R. Chalfin in the County Court of the
Twentieth Judicial Circuit, in and for Collier County, Florida, to
recover damages for the repair of a County vehicle and a County road
sign in the amount of$7,348.79, plus costs of litigation.
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September 23, 2014
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI-
JUI)ICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve 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 Zoning
District (A), a Rural Agricultural Zoning District with an ST Overlay (A-
ST), a Rural Agricultural Zoning District with a Rural Fringe Mixed Use
Sending Lands Overlay and Natural Resource Protection Overlay (A-
RFMUD-NRPA), and an Agricultural Zoning District with a Rural Fringe
Mixed Use Sending Lands Overlay and Special Treatment Overlay and
Natural Resource Protection Area Overlay (A-RFMUD-ST-NRPA) to a
Residential Planned Unit Development (RPUD) Zoning District to allow up
to 590 dwelling units for a project to be known as the Willow Run RPUD on
property located at 9220 Collier Boulevard in Sections 11, 12, 13 and 14,
Township 50 South, Range 26 East, Collier County, Florida consisting of
559± acres; and by providing an effective date (PUDZ-PL20130000682).
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20140001704, to disclaim, renounce and vacate the Preserve and
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September 23, 2014
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20140001704, to disclaim, renounce and vacate the Preserve and
Detention Easement in Tract "A", Airport Road Subdivision according to
Plat Book 24, Pages 82 through 83 of the Public Records of Collier County,
Florida, located in Section 12, Township 49 South, Range 25 East, Collier
County, Florida.
C. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve a Resolution
renaming Creekside Way to Arthrex Boulevard, which is located in
Creekside Commerce Park West Unit One, Tract R, east of Goodlette-Frank
Road and just south of Immokalee Road in Section 27, Township 48 South,
Range 25 East, Collier County, Florida.
D. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2013-14 Adopted Budget.
E. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2014-15 Adopted Budget.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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September 23, 2014
September 23, 2014
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN HENNING: Good morning, everyone. Today's
invocation will be delivered by Jim Thomas, Pastor Jim Thomas, East
Naples United Methodist Church. Following that, we'll have the
Pledge of Allegiance.
Would you all rise, please.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE — EAST
NAPLES UNITED METHODIST CHURCH — INVOCATION
GIVEN BY PASTOR JIM THOMAS
PASTOR THOMAS: May we pray.
Dear Heavenly Father: We come this morning asking for the help
of the Spirit as we offer our prayer.
Lord, we come today particularly giving thanks to you for your
many blessings and also for leadership and for service. Dear Lord, we
thank you for these people that dedicated their time and effort to come
and to being leaders in our community. We pray, dear Lord, as they
come together today for decisions to be made that our hearts and minds
will be open so that we would hear what each other has to say; more
importantly, Lord, to hear what it is that you would have us to do.
Lord, give us guidance and direction in all things, and we humbly
come before you asking this prayer in your name. Amen.
(Pledge of Allegiance was recited in unison.)
CHAIRMAN HENNING: If everybody would silence or turn off
their cell phones, it would help today with our proceedings.
CHAIRMAN HENNING: County Manager, would you walk us
through the change list.
Page 2
September 23, 2014
Item #2A
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
MR. OCHS: Yes, sir. Good morning, Mr. Chairman, members
of the Board. These are the proposed agenda changes for the Board of
County Commissioners meeting of September 9th (sic), 2014.
First proposed change is a continuation of Item 16.A.15 to your
October 14th, 2014 meeting. That is a staff request.
Next proposed change is to continue Item 16.A.30 from your
consent agenda to be moved to the October 14th, 2014 BCC meeting.
That request also comes from your staff.
We have a couple of agenda notes this morning, Commissioners.
Item 3.A is your service awards. We have two employees who are
unable to attend; we'll mail those awards to them, that's Millie Kelly
celebrating 33 years with your Wastewater Department, and Patricia
Dixon from your EMS Department, celebrating 20 years of service.
We have a change proposed to the title of Item 10.A that now will
read: Further amend the Public Safety Authority ordinance to provide
that the Public Safety Authority will be a five-member citizens
committee with members having no affiliation with any hospital, fire
district, EMS, municipality, or Collier County Sheriffs Office, and
eliminating the medical director's sub-committee.
Those amendments are made by Commissioner Henning, who
was the author of the executive summary.
Item 10.0 has an amendment to the title of the item, and it should
read: Placement of attached banking services documents into the
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September 23, 2014
official record. No action required. And that item is authored by
Commissioner Hiller.
Next proposed change is to Items 16.A.8, A.9, A.10 and A. 11, all
four of those having to do with continuation of Stewardship Sending
Area items. The location map for those SSAs has been added to each
of the resolutions for those four items. And that change is made at
Commissioner Henning's request.
Item 16.C.4, there were two columns in the spreadsheet in Exhibit
C and D that had incorrect fiscal years. Those are corrected here in
your change sheet to read FY 2014 and FY 2015. And that correction
was made at the staffs request.
And finally, 16.E.9, the author of the executive summary is the
interim director of the Fleet Management department.
We have one time certain request, Mr. Chairman, and that item is
11.A on your regular agenda to be heard at 1 :00 p.m. And it has to do
with the proposed Platt Road improvement Municipal Service Taxing
Unit. And that time certain request is from Commissioner Nance.
And those are all the changes that I have this morning, Mr.
Chairman.
CHAIRMAN HENNING: County Attorney?
MR. KLATZKOW: No changes, sir.
CHAIRMAN HENNING: Ex parte communication and further
changes to today's agenda.
We'll start out with Commissioner Coyle.
COMMISSIONER COYLE: Good morning. With respect to
Item 16.A.13, I have spoken with staff concerning this item.
And with respect to the summary agenda, I have met with
Maureen Bonness concerning 17.A. And I have no disclosure for any
other items on the consent or summary agenda.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you. On Item No.
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September 23, 2014
16.A.13 I've had meetings, emails and calls. I spoke with staff and I've
spoken to community members, and I've attended meetings, all relating
to this particular subject which is the development orders for service
stations in C-4 zoning districts.
Also, on Item No. 17.A which is the rural fringe mixed use
sending areas, I've had meetings and correspondence and emails. Also
I've met with Maureen Bonness from Willow Run and I've spoken to
staff And that's it.
CHAIRMAN HENNING: Okay, I have -- on 17.A I have
received the staffs report on Willow Run ordinance.
Commissioner Hiller, Item 10.B, is that item about the county
investment policy or is it about banking?
COMMISSIONER HILLER: It relates to the banking and to
your improper denial of my ability to introduce the documents on the
record at the last meeting.
No action is required. I'm placing them on the record so the
public has access to them.
CHAIRMAN HENNING: If you look at your agenda, you're
referring to 10.C. I'm referring to 10.B.
COMMISSIONER HILLER: I'm sorry.
CHAIRMAN HENNING: And I'll repeat the question. Is this
item about the policy on investment or is it about the banking service?
COMMISSIONER HILLER: I'm sorry, I don't understand what
you're saying.
CHAIRMAN HENNING: The title says recommend to -- the
Board direct the County Manager to review proposed revisions to the
county's investment policy and give under current economic conditions
(sic). But the meat of it is about the banking -- the banking with the
Clerk of Courts. So --
COMMISSIONER HILLER: No, it's not. I'm sorry, you're
incorrect. 10.B relates to the investment policy. And the investment
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September 23, 2014
policy has two components to it. One is banking services for the initial
depository and the second part is the subsequent investment of surplus
cash in securities which would be held with third-party custodial
agents or the federal reserve.
It's part and parcel of the same overall issue. It's just, you know,
Phase I is the initial deposit, Phase II is the investment and surplus
cash.
CHAIRMAN HENNING: Okay. Thank you for the clarification.
In my opinion, let's keep that standalone. Since we have another
item on banking, I thought it might have pertained to that.
COMMISSIONER HILLER: No, the item on banking is to
introduce the records. If you're referring to my item, it's --
CHAIRMAN HENNING: No, I'm not.
COMMISSIONER HILLER: -- introducing the records.
Oh, the Clerk's? Are you referring to the Clerk's agenda item?
CHAIRMAN HENNING: About your item in your proposed
change, I think that's debatable. I think you're wrong. I think we need
legal opinion on that. There is action that is required, and quite frankly
we'll debate that under 10.C, if you want to debate that.
COMMISSIONER HILLER: It would be my pleasure to debate
anything with you and win.
CHAIRMAN HENNING: Do you have any -- Commissioner
Hiller, do you have any ex parte communications or any further
changes to today's agenda?
COMMISSIONER HILLER: I have no changes to the agenda
and I have ex parte.
On 16.A.13, I have correspondence and emails.
On 17.A, I have received a staff report, which I have reviewed.
And other than that, I have no further disclosures.
CHAIRMAN HENNING: Commissioner Nance, do you have
any ex parte communication or any further changes to today's agenda?
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September 23, 2014
COMMISSIONER NANCE: Mr. Chairman, no further changes
to the agenda. On ex parte, on the consent agenda I've spoken to staff
on Item 16.A.13.
And on today's summary agenda I have read the staff report
regarding the Willow Run RPUD, and also had a meeting with Wayne
Arnold and Maureen Bonness.
CHAIRMAN HENNING: Okay, thank you.
With that said, I'd entertain a motion to approve today's agenda as
amended.
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 FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Page 7
Proposed Agenda Changes
Board of County Commissioners Meeting
September 23,2014
Continue Item 16A15 to the October 14,2014 BCC Meeting: Recommendation to approve a Resolution
authorizing the County Manager to designate an official to provide signature authority on behalf of the
County for Resources and Ecosystem Sustainability,Tourist Opportunities,and Revived Economies of the
Gulf Coast States Act of 2012(RESTORE)grant applications submitted through the federal GrantSolutions
online grant management system. (Staff's request)
Continue Item 16A30 to the October 14,2014 BCC Meeting: Recommendation to authorize the
Director of Transportation Engineering to execute Standard Zero-Dollar Construction Agreements with the
State of Florida Department of Transportation acting as the Construction Coordinator for Collier County to
ensure that all improvements constructed through the FDOT permitting process within the State right-of-
way comply with FDOT standards and conditions. (Staff's request)
Note:
Item 3A: The following will not be able to attend the meeting,but their awards will be mailed to them:
Millie Kelley-Wastewater 33 year retiree award and Patricia Dixon-EMS 20 year service award
Item 10A: Further amend the Public Safety Authority Ordinance to provide that the Public Safety
Authority will be a five member citizens committee with members having no affiliation with any hospital,fire
district,EMS,municipality or Collier County Sheriff's Office; and eliminating the Medical Director's
Subcommittee. (Commissioner Henning's request)
Item 10C title should read: Placement of attached banking services documents into the official record.
No action required. (Commissioner Hiller)
Items 16A8, 16A9, 16A10 and 16A11: A Stewardship Sending Area Location Map has been added to
these agenda items as back-up. (Staffs request)
Item 16C4: The fiscal years referenced in the far right columns of Exhibit"C"and"D"attached to the
Resolution should read,from left to right,as follows: FY2014 and FY2015. (Staff's request)
Item 16E9: Prepared by: Mario Menendez,Interim Director,Fleet Management Department
Time Certain Requests:
Item 11A to be heard at 1:00 p.m.
10/9/2014 11:43 AM
September 23, 2014
Item #2B and #2C
BCC REGULAR MEETING MINUTES FROM JULY 8, 2014 AND
BCC BUDGET HEARING MINUTES FROM SEPTEMBER 4, 2014
— APPROVED AS PRESENTED
CHAIRMAN HENNING: Motion to -- entertain a motion to
approve the July 8th, 2014 BCC Regular Meeting and September 4th,
2014 BCC Budget Hearing.
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 FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Item #3A
SERVICE AWARDS — EMPLOYEE — 20 YEAR ATTENDEES
CHAIRMAN HENNING: Now, if the Commissioners would
join me in front of the dais for service awards to employees and our
retirees.
MR. OCHS: Commissioners, we'll begin this morning with
Page 8
September 23, 2014
employees celebrating 20 years of service with county government.
The first recipient celebrating 20 years with Road Maintenance is
Gonzalo Blanco. Please step forward, Gonzalo. (Applause.)
MR. OCHS: Celebrating 20 years with our Emergency Medical
Services Department, Jonathan Harraden. (Applause.)
MR. OCHS: Celebrating 20 years with Building Review and
Permitting, Mike Ossorio. Mike? (Applause.)
MR. OCHS: Celebrating 20 years of service with EMS, Eva
Weeks. (Applause.)
MR. OCHS: Also celebrating 20 years of service with EMS,
Michele Williamson. (Applause.)
Item #3B
SERVICE AWARDS - EMPLOYEE - 25 YEAR ATTENDEES
MR. OCHS: Commissioners, we have three employees
celebrating 25 years of service this morning with county government.
Our first recipient from your Parks and Recreation Department is
Irving Baez. (Applause.)
MR. OCHS: Celebrating 25 years with your Public Utilities
Division, Jim Foster. Jim? (Applause.)
MR. OCHS: Your final 25-year service awardee this morning,
Commissioners, is your Public Utilities Administrator, Dr. George
Yilmez. Dr. Yilmez? (Applause.)
Item #3C
SERVICE AWARDS — EMPLOYEE — RETIREES
MR. OCHS: Commissioners, we're also pleased this morning to
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September 23, 2014
recognize a few of our recent retirees and thank them for their service.
The first recent retiree we'd like to call to be recognized from your
Parks and Recreation Department with 24 years of service, Zeb Harris.
Zeb? (Applause.)
MR. OCHS: Your next retiree award, after 13 years of service
with county government, Dave Perry. Dave? (Applause.)
MR. OCHS: Commissioners, our last recognized retiree is truly
recent, because she hit the daily double today. Just receiving a 20-year
award and also celebrating her retirement later this month is Eva
Weeks from EMS. Eva? (Applause.)
MR. OCHS: Mr. Chairman, that concludes our service awards
this morning. Thank you.
CHAIRMAN HENNING: Let's move to proclamations.
MR. OCHS: Yes, sir.
Item #4
PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS — ADOPTED
Item #4A
PROCLAMATION TO DECLARE THE FOURTH THURSDAY
OF SEPTEMBER "REMEMBER ME THURSDAY" IN COLLIER
COUNTY, IN REMEMBRANCE OF THE MILLIONS OF PETS
THAT LOST THEIR LIVES WITHOUT THE BENEFIT OF A
LOVING HOME. ACCEPTED BY DARCY ANDRADE, KELLIE
CARROLL, KATHY DREW, TAMMY WOLNY, KYRA LYNCH,
AND GERI LYNN WATERBURY FROM DOMESTIC ANIMAL
SERVICES — ADOPTED
Page 10
September 23, 2014
MR. OCHS: Mr. Chairman, Item 4.A is a proclamation to
declare the fourth Thursday of September "Remember Me Thursday"
in Collier County in remembrance of the millions of pets that lost their
lives without the benefit of a loving home. To be accepted by Darcy
Andrade, Kellie Carroll, Kathy Drew, Tammie Wolny, Kyra Lynch
and Geri Lynn Waterbury from our Domestic Animal Services
Department. And this item is sponsored by the entire Board of County
Commissioners. Please step forward. (Applause.)
CHAIRMAN HENNING: I must say, Tom Capp, who was here
receiving that proclamation and I've known each other for over 40
years and it's always a pleasure to see Tom.
Next proclamation?
Item #4B
PROCLAMATION RECOGNIZING THE ROOKERY BAY
NATIONAL ESTUARINE RESEARCH RESERVE AND
DESIGNATING SEPTEMBER 27TH AS NATIONAL ESTUARIES
DAY IN COLLIER COUNTY. ACCEPTED BY BROOKE
CARNEY REPRESENTING THE ROOKERY BAY NATIONAL
ESTUARINE RESEARCH RESERVE — ADOPTED
MR. OCHS: Item 4.B is a proclamation recognizing the Rookery
Bay National Estuarine Research Reserve and designating September
27th as National Estuaries Day in Collier County. To be accepted by
Brook Carney, representing the Rookery Bay National Estuarian
Research Reserve. And this item is sponsored by Commissioner Fiala.
(Applause.)
COMMISSIONER FIALA: Would anybody mind if we read that
proclamation? I'd really like to do that. Thank you so much.
WHEREAS, the estuaries occur where creeks and rivers meet the
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September 23, 2014
sea and our protected coastal areas, serving as important nurseries for
marine life, recreation and provide essential habitat for over 75 percent
of our nation's commercial fish catch; and
WHEREAS, estuaries provide over 28 million jobs in commercial
and recreational fishing, boating and tourism, generating $111 billion
yearly. I wish that was all here in Collier County.
WHEREAS, Rookery Bay National Estuarian Research Reserve
protects and manages 110,000 acres along Collier County's coastline,
and represents one of the few remaining undisturbed mangrove
estuaries in North America -- I thought this was important for all of our
people to hear, that's why I asked to read it -- Rookery Bay is part of a
network of 28 reserves focused on long-term research, water quality
monitoring, education and coastal stewardship. Established by the
Coastal Zone Management Act of 1972, the reserve system is a
partnership program between the National Oceanic and Atmospheric
Administration and the coastal states; and
WHEREAS, the mission of Rookery Bay National Estuarine
Research Reserve is to provide a basis for informed stewardship of
estuaries through research and education and offers field classes for
children, kindergarten through 12, and supports teachers through
professional development programs and marine education; and
WHEREAS, National Estuaries Day was established in 1988 and
is an annual event that promotes the importance of estuaries and the
need to protect them.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida that a grateful board
recognizes Rookery Bay National Estuarine Research Reserve and
joins coastal communities across the country to designate September
27th as National Estuaries Day.
Thank you so much.
DONE AND ORDERED this 23rd day of September, Tom
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September 23, 2014
Henning, Chairman.
Thank you so much for allowing me to do that. (Applause.)
Thank you for all you do.
CHAIRMAN HENNING: I'll entertain a motion to approve
today's proclamations as presented.
COMMISSIONER FIALA: So moved.
COMMISSIONER NANCE: So moved.
CHAIRMAN HENNING: Motion by Commissioner Fiala,
second by Commissioner Nance.
All in favor of the motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Item #5A
RECOGNIZING SEAN MCNICHOLS, EMT II, EMS, AS THE
EMPLOYEE OF THE MONTH FOR AUGUST 2014 —
PRESENTED
MR. OCHS: Mr. Chairman, that takes us to Item 5 on your
agenda this morning, presentations.
Item 5.A is a recommendation to recognize Sean McNichols EMS
EMT as the Employee of the Month for August, 2014.
Sean, if you'd please step forward. (Applause.)
MR. OCHS: Sean, let's get a photo. I'll read a little bit about you
Page 13
September 23, 2014
so the crowd knows about you.
Commissioners, Sean's been an employee of our EMS system for
the last six years. On the morning of July 31st, Sean had just gotten
off duty and stopped at Publix for his morning coffee. As he
approached the deli, he noticed some commotion near the checkout
and what appeared to be a customer on the floor with someone
attempting CPR.
Sean rushed to the area, assessed the situation and the victim. He
determined the victim was without a pulse and cardiac arrest so he
took over CPR and performed manual chest compressions while
awaiting the arrival of EMS Medic II.
Once they arrived, Sean continued to work with the crew who
were able to defibrillate the patient, get a return of a normal heart
rhythm and transport to the hospital.
Sean's dedicated to providing quality care to all those who call for
assistance as well as providing outstanding customer service to all the
citizens of this community that he encounters.
Certainly his professionalism and devotion both on and off duty
make him very deserving of this award.
Commissioners, it's my honor to present Sean McNichols as the
Employee of the Month for August, 2014. Congratulations, Sean.
(Applause.)
Item #5B
PRESENTATION BY DAN A. HUGHES COMPANY
REGARDING DRILLING OPERATIONS AT THE COLLIER
HOGAN WELL-SITE — PRESENTED
MR. OCHS: Mr. Chairman, Item 5.B is a presentation by Dan A.
Hughes Company regarding drilling operations at the Collier-Hogan
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well site. We're honored to have several members of the firm here this
morning. Good morning, sir.
CHAIRMAN HENNING: State your name for the record, please.
MR. HUGHES: Yes. Dan Allen Hughes, Jr. Good morning,
Chairman Henning, good morning, Commissioners. Thank you for
allowing me and my staff the opportunity to come address you today.
I know that it's been an ongoing discussion about activities we've
conducted in Collier County and we'd just like to visit with you a little
bit about it this morning.
Again, as I said, my name is Dan Allen Hughes, Jr. I'm the
president of Dan A. Hughes Company. I'm also the President of
Hupecol, LLC, which is an entity we operate outside the United States.
Dan A. Hughes Company is a private partnership between my
father and myself. My father has been in the oil and gas business for
65 years and I've been in the oil and gas business for 35 years.
Our company's committed to the highest standard in oil and gas
operations and our reputation is very important to us, and we are
regarded as an outstanding oil and gas operator, both domestically and
internationally.
My father and I are landowners and mineral owners in Texas and
in other states in the United States. And Commissioners, like you, I'm
a committed steward to the land and the environment.
We currently operate both domestically and internationally.
Domestically we have operations in several states in the United States.
Internationally we've been operating in Columbia and South America
since the late 1990's and drill almost 200 wells in Columbia. Currently
in Columbia we're operating in the Llanos Basin in the eastern part of
Columbia, and we've drilling in a very environmentally sensitive area.
We also have operations in Belize. And as I speak to you today
our company is drilling a well in the southern part of Belize in the
Temash National Park, in an extremely environmentally sensitive area.
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We have operations in Italy, and we are doing rework operations
on wells currently on the Island of Sicily. And again this is a very
pristine and environmentally sensitive area.
We consider ourselves to be experts in operating environmentally
sensitive areas, and protecting the environment is at the utmost
importance to me and our company. All the countries that we operate
in and all the states having either an agency or a board. In Texas we
have the Railroad Commission that regulate oil and gas operations.
These agencies have rules and regulations. And if you comply, you
can conduct your oil and gas operations.
As you're aware, in Florida the agency that regulates oil and gas
industry is the Department of Environmental Protection, and they have
specific rules and regulations for oil and gas operations.
I'm here today to assure you that all operations on the
Collier-Hogan well were conducted and done within the guidelines
specified by the DEP.
Before I turn the presentation over to my staff this morning, I
want to give you an update on the status of the Collier-Hogan well.
The Collier-Hogan well is currently shut in and our company plans to
plug and abandon the well. This will be done in compliance with all
DEP regulations.
The well -- during the test period the well was encouraging and
we did produce oil at fair rates. However, we've relinquished all of our
leases with the Colliers and we are exiting South Florida.
Commissioners, we're all on the same team. We all want to
protect our environment and we all want to protect our water. And in
closing my statement, I think this might be an excellent opportunity for
your DEP and your legislators to review your oil and gas regulation in
Florida and modify, if deemed necessary.
I'm going to turn it over to our chief operating officer, Hank
Kremers, but I'll be glad to answer any questions if there's specific
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questions for me after our staff has made their presentations.
Thank you for allowing us to be here today.
MR. KREMERS: Good morning. Thank you, Dan.
The oil and gas industry is a highly regulated industry. And as
Dan Allen Hughes previously stated, Hughes has operated all over the
world and in many states. We have encountered varying degrees of
regulation.
And I want to make a statement. The DEP in the State of Florida
does in my opinion an excellent job of regulating our industry. I don't
want to run down the DEP, because we really feel like if you compare
the amount of detail that has to be prepared prior to drilling a well to
other states and other countries, Florida has much greater detail.
The operation conducted by Hughes in December of 2013 was a
work-over by DEP's own definition. Hughes received a five-year
operating permit in August of 2013. Once you receive an operating
permit in Florida, the Florida Administrative Code is crystal clear with
respect to what is required prior to conducting a work-over operation.
I call your attention -- these are quotes that we have put from the
Administrative Code. Section 62C29.006(1), notification. Once you
receive a permit, the only thing required is notice. I quote: Each
operator shall notify the department agent prior to commencing
work-over operations or during an emergency as soon thereafter as
possible.
Section 62C-25.002 (61) defines a work-over operation. And I
quote again, an operation involving a deepening, plugging back, repair,
cement squeeze perforation hydraulic fracturing, acidizing or other
chemical treatment which is performed in a production, disposal or
injection well in order to restore sustained or increased production
disposal or injection rates.
What we conducted was absolutely a work-over.
Wade Chapman, our Operations Manager, will discuss our
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work-over in great detail immediately after me. But before -- but first I
would like to show you that Hughes's work-over or chemical treatment
compares very closely to accepted acidizing operations conducted in
Florida. And these operations have been conducted for the last 50 or
60 years.
The comparison is shown up on the slide up there. As you can
see, and I'm having a hard time seeing it, but the pressures that were
used were very similar between a standard acidization. The two
columns on the right side will compare the two operations.
The final column is a typical Florida acidization. It uses 8,000
pounds of pressure; we used 8,300 pounds of pressure. It also
compares the rates of injection which are basically the same.
The most different is the amount of acid which is used. In an acid
operation, the typical acidization in Florida uses three times as much
acid as we used.
Of all the elements that were injected, acid is by far the most
toxic. And it turns into a salt within an hour after injection. And we'll
get into more detail about that.
I would also like to take this opportunity to clarify several points.
On November the 4th, 2013, Hughes's staff flew to Tallahassee and
presented our proposed work-over to the DEP staff. For the next six
weeks there was constant dialogue between both staffs. The point that
I'm trying to address here is it has been reported to the press that
Hughes was caught doing an illegal work-over operation. First, we
don't consider it illegal in any way, shape or form. Secondly, we
weren't caught. The DEP was very much aware of everything we were
doing. There was constant dialogue, dates were set, dates were
extended for conducting the work-over. The use of the word caught is
certainly incorrect. The DEP was very much aware of what we were
doing.
Secretary Vinyard has stated on various occasions that this was
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the only cease and desist that he has ever signed and the reason for it
was that a list of questions delivered to Hughes went unanswered.
We have obtained -- we have, I have with me a copy of a Notice
of Voluntary Dismissal wherein DEP's General Counsel Matt Leopold
represents to our attorneys that no such list existed. We answered all
the questions that were presented.
On April 8th of this year, Hughes executed a consent order.
Commissioners, I want to tell you that we intend to fully comply with
that consent order. We are exiting Florida, but we want to assure you
that we will monitor that well and that we will make sure that nothing,
no contamination or pollution, ever comes of that well. And if it does,
we will be liable, stand by it.
We are very confident of our procedures and we think that time
will tell that what we did was prudent and that our operations in
Florida are safe and respect the environment.
Finally, I just want to make a personal comment. We are very
confident of our operations, but we didn't do a very good job of
communicating to this community the safety and the amount of
engineering that goes into our operations. And if we could turn the
clock backwards, I think we would do things differently. But we are
very confident that our operations are safe.
I'll now turn the program over to Wade, our operations manager.
MR. CHAPMAN: Good morning, Mr. Chairman, Collier County
Commissioners. I'm Wade Chapman, the Operations Manager for Dan
A. Hughes. I graduated from Texas A&M in 1985 with a degree in
petroleum engineering and I have over 29 years of experience in all
phases of the oil and gas industry.
A lot of this is going to be review from what the Collier Company
showed you all a couple of weeks ago. But I would like to briefly
review the construction of the Collier-Hogan well and the acid
stimulation we pumped in order to alleviate any concerns you may
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have regarding groundwater contamination at this site.
What you have on the screen here is a drawing or well sketch that
depicts the wellbores that Collier-Hogan well was drilled and
completed. Each string of pipe or casing that was cemented in the well
is shown.
As you can see, we started out drilling a larger hole and cemented
successfully smaller casing streams as we drilled deeper.
The first casing stream that was cemented in the ground is called
the surface casing. Surface casing is a basic component of all oil and
gas wells. Its primary job is to protect the freshwater sources. It is
installed and cemented immediately after drilling below all of the
freshwater sources, and before drilling into any hydrocarbon or
saltwater bearing sources. It is a requirement of all regulatory agencies
that cement be circulated to the surface in the space behind the surfacer
CHAIRMAN HENNING: Sir, hang on. Commissioner Fiala has
a request.
COMMISSIONER FIALA: I was suggesting that maybe you
could bring that table up here in front of the dais, well, not too -- so we
can see it but so everyone else can see it and the TV cameras can see it
as well.
MR. CHAPMAN: Sure.
COMMISSIONER FIALA: This way everybody knows what
you're pointing to.
MR. CHAPMAN: And we'll talk about it in a minute when I get
through this discussion.
CHAIRMAN HENNING: Thank you.
MR. CHAPMAN: It is a requirement of all regulatory agencies
that cement be circulated to the surface in the space behind the casing.
This is also called the casing annulus.
By installing casing and placing cement across all the freshwater
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sources, the freshwater is protected from any additional operations in
the well.
After drilling the surface interval and installing casing across all
of the freshwater sources, the well is drilled deeper and additional
streams of casing were installed as needed to reach the productive
interval.
One unique geological feature of South Florida is what is called
the boulder zone. This is a highly porous interval composed of
gravel-like particles. Because it is so porous, it is easy to pump into
this interval. And since it's so easy to pump into this interval, it is used
as a disposal zone for all types of fluids in South Florida, such as
sewage effluent and industrial waste.
In order to isolate this interval, before any additional operations
were performed in this well, we drilled to a depth just below this
boulder zone and installed nine and five-eighths casing, which will be
the second string shown on that model there just below this boulder
zone.
So now we have the boulder zone isolated with one string of pipe
and we've got the freshwater sources protected by two strings of pipe.
So after setting the nine and five-eighths casing we drilled ahead to the
lower Sunniland, which was the proposed productive interval in this
well.
When we reached the productive interval, another string of casing
was installed and cemented which provided a third layer of protection
between the freshwater sources and any potential hydrocarbons
encountered while drilling the zone that contained oil and gas. And this
zone is about 12,000 feet true vertical depth to 12,000 feet below the
surface of the earth. So you've got over two miles of earth between
where we were looking for oil and gas and where the freshwater
sources are.
After drilling into the lower Sunniland, our -- after drilling to the
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lower Sunniland we set the seven-inch casing and then we drilled our
lateral, which is a horizontal section of the well. Which was kind of
the new thing that we did in this well to try to make it productive. And
that's about a 3,800-foot lateral.
Once we drilled that lateral, we installed a fourth string of pipe. It
was four-and-a-half-inch casing which is a smaller string sticking up
there. So now across the freshwater sources you have four strings of
steel across the fresh water zones protecting it.
As you can see, the freshwater sources were protected by multiple
redundant strings of casing. The pressure ratings of these casing
strings are much higher than any pressures they were exposed to
during the drilling completing or stimulating of this well.
Additionally, these strings were pressure tested numerous times
during the completion of the stimulation process. These tests proved
the integrity of the casing was maintained.
Finally, pressure gauges continuously monitored the pressures
between each string of casing during the completion and stimulation
process. Any leak would immediately be detected by an increase in
pressure on the casing stream immediately behind the casing that was
being pumped into.
The four-and-a-half-inch casing was a string through which the
stimulation was pumped. At no time during the pumping did the
gauge on the seven-inch casing show an increase in pressure, which
proves that there was no communication between the
four-and-a-half-inch casing and the seven inch casing. There was no
leak in the four-and-a-half. All our acid was going down the hole to
the lower Sunniland where we wanted it to go.
Okay, about the model. This model shows the four strings
installed between the freshwater sources and the portion of the well
where the acid stimulation was pumped. You can see the redundant
layers of steel between the acid stimulation and the freshwater sources.
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And I want to stress that everything about this casing is
engineered. The quality control is very strenuous and includes
pressure testing, hardness testing and thread inspections.
Okay, that's how the well was constructed. The freshwater was
definitely protected in this well.
Okay, now, some of you -- the other concern you may have is
ability for the wellbore or reservoir fluids to migrate through the earth's
layers to the freshwater sources.
Get it up here.
This is a log which is basically a tool we use to show the different
layers of rock and what the rock is made out of, whether it's a
sandstone or limestone or shell or anhydrite in this case.
But this log, which we ran in the well after we drilled the hole --
and this is the actual log from the Collier-Hogan well -- shows the hard
-- this log shows the hard, tough, impermeable layers of anhydrite
between the lower Sunniland productive zone and freshwater sources.
These layers are almost impossible to pump liquids into, as compared
to the weak, porous productive zone that contains hydrocarbons.
The porous spaces where the hydrocarbons are in a rock, it's just
like wood that's been eaten, you know, that has holes eaten into
through terminates. It's much weaker than, you know, a solid bore.
So you've got this porous rock that's weak with these really hard
tough layers above it. And so when you pump into it, the water breaks
the weak rock and it can't travel through the hard tough layer of rock.
But these layers are almost impossible -- okay. All oil and gas
fills have at least one impermeable layer that forms the trap that holds
the hydrocarbons in place and prevents the kind of migration some of
you may be concerned about.
The Collier Company indicated there are seven layers of
anhydrite. Archeologists have identified more than 50 different
anhydrite layers in the two miles between the productive interval and
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the freshwater sources. And that's -- these layers are shown here in this
log in red. Any one of these will prevent the upper migration of fluids.
Also, although impossible, should any fluids migrate upwards, the
boulder zone will absorb any liquids that reach it and prevent any
additional upward migration. So it's just sitting there like a big thick
sponge, and once fluids get it, hits it, they would just dissipate into the
boulder zone.
So just to run through the log all the way from the lower
Sunniland all the way through all the anhydrite layers to the boulder
zone and then finally where we set our 13 and three-eighths surface
casing, above that point is where you have the freshwater sources.
Okay, what did we pump in this well? Here's a table showing the
details of the seven stimulation stages that were pumped in this well.
Each stage contain 10 percent HCL acid, followed with gel containing
sand.
The primary method of stimulating a limestone formation like the
Sunniland is to acidize it. We followed the acid with a small amount
of gel and sand to hopefully erode the formation where the acid had
dissolved the rock, in order to additionally improve the ability for oil to
flow out of the formation.
As Hank just mentioned, this job was much smaller than the frack
jobs typically pumped in Shell Place currently being developed in
states like Texas and North Dakota. These jobs pump approximately
200,000 barrels of fluids into the formation, and millions of pounds of
sand at much higher rates.
I would also like to address the type of liquids and solids pumped
into this well. The acid was 10 percent hydrochloric acid. This is a
fairly weak acid that reacts with limestone to form a salt called calcium
chloride and carbon dioxide.
HCL acid is commonly used in freshwater source wells to
increase the freshwater output of these wells. The sand was just
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common silica quartz sand, no different than beach sand. And there's a
sample of the product right there, it's just sand.
The gel is made of guar powder. Guar powder is simply ground
up guar beans. Guar beans are grown on a plant that has pods much
like any other bean plant. Guar is used to thicken fluids. We use it to
thicken the water so the water can carry and suspend the sand. Guar is
also used to thicken food products such as baby foods, jams and salad
dressings. If you can envision fruit being suspended in Jello, this is
what we do with guar, water and sand.
In conclusion, I would like to emphasize the Collier-Hogan
number 20-3H well was drilled, completed and acid stimulated in a
manner that protected the freshwater sources.
Additionally, impermeable rock layers called anhydrite prevented
the migration of reservoir or stimulation fluids upward through two
miles of earth to the freshwater sources.
Finally, I want to emphatically state that Dan A. Hughes and I
have the same goals as the DEP, the Collier County Commissioners
and the residents of Collier County. We all want to protect the
environment. We all want to protect the freshwater sources for
generations to come. The manner this well was drilled, completed and
acid stimulated did just that. Thank you.
CHAIRMAN HENNING: Okay. Is there anymore presenters?
MR. HUGHES: Just in closing.
MR. MATTHEWS: Frank Matthews, Hopping, Green and Sams,
Attorneys for Dan A. Hughes.
Just to acknowledge that unfortunately we are in litigation with
the Department relative to the implementation of the consent order. A
third-party contractor to do the verification report has been selected
and will be undertaking that study or report, which is the study of that
consent order.
We know there's big policy issues over oil extraction, where it
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should be, how it should be done, what the standard should be. I just
wanted to let you know that the current litigation pending in the
administrative and circuit courts won't address those issues. Those will
be attended to in the next couple of months, certainly through
regulation, legislation and other forums. So we appreciate giving the
company the opportunity to come before you and make this
presentation.
CHAIRMAN HENNING: Thank you.
Now we have questions by the Board. Commissioner Hiller?
COMMISSIONER HILLER: Yes, thank you.
If I understand what you said in the beginning, Mr. Hughes, is
that you were not caught, that DEP had full knowledge of what you
were doing throughout the entire process, and that when they issued
the cease and desist order they subsequently issued a note of voluntary
dismissal?
MR. HUGHES: Well, that's correct, we were not caught. We did
COMMISSIONER HILLER: I understand, but that's what has
been said. But I'm just clarifying in my own mind that the reason you
were not caught is because you just described that DEP had full
knowledge of everything you were doing and that after they issued the
cease and desist order they issued a notice of voluntary dismissal?
MR. MATTHEWS: I don't know about --
COMMISSIONER HILLER: Or did I misunderstand that?
MR. MATTHEWS: -- the voluntary dismissal.
COMMISSIONER HILLER: Maybe the other gentleman --
maybe I'm misunderstanding. I didn't quite follow what you said.
MR. KREMERS: If you could repeat the question again one
more time?
COMMISSIONER HILLER: You said you were not caught, that
DEP had full knowledge of what you were doing every step of the
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way. But what we have heard is that DEP issued a cease and desist
order. Notwithstanding that they knew everything that was going on, it
doesn't make any sense. I mean, if they knew what was going on, you
know, they obviously were acknowledging what you were doing.
Then all of a sudden they issued a cease and desist, not withstanding
that they were basically partnering with you every step of the way as
you were proceeding through the process. And then you said
something about a notice of voluntary dismissal.
MR. KREMERS: Yes, the notice of voluntary dismissal was with
respect to a statement made by Secretary Vinyard that there was a list
of questions presented to Hughes which went unanswered.
We filed a petition to get a copy of that, because we never
received it. We answered every question that they presented.
When we filed this Writ of Mandamus, they I guess said that --
well, anyway, the end of it was that they gave us this statement from
their legal department that there was no list. So we did a voluntary
dismissal.
COMMISSIONER HILLER: Okay.
MR. KREMERS: Of just that. Now, they did have full
knowledge, constant communication between us.
COMMISSIONER HILLER: I understand.
Jeff, I have some concerns about the litigation between DEP and
Hughes. And I know that we're going to have a discussion later about
whether or not to join DEP.
Is there anything that bars us, because the county staff is currently
engaging in testing of the site around the well along with Collier
Resource's cooperation, we've got all the experts, you know, being
retained and going out there to do the testing.
If we don't join DEP's suit, do we preserve our right to sue the
Dan A. Hughes Company under a tort action if subsequently it's
discovered as a result of our experts coming back to us and telling us
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that there is contamination, can we pursue litigation subsequently once
there is, you know, actual confirmation that there is some sort of
injury?
MR. KLATZKOW: That is something DEP would do.
COMMISSIONER HILLER: I don't care about DEP, I want to
know about us.
MR. KLATZKOW: If DEP does not do it, what could we do
after that? Just off the top of my head, I think what we would do is an
action to compel DEP to take action.
COMMISSIONER HILLER: But we would have the ability to
do that. In other words, we don't lose our rights to file suit if there is
injury to the county.
MR. KLATZKOW: No.
COMMISSIONER HILLER: Now, I have another question, and
I don't know which of you can answer this.
Bonding. Did you have to post a bond with the state?
MR. HUGHES: I believe I can answer that. Yes, ma'am, we
posted a million dollar bond with the DEP for -- and I'm not sure what
all -- plugging.
MR. CHAPMAN: Plugging and banding reclamation.
MR. HUGHES: Yes, there is a bond in place to --
COMMISSIONER HILLER: That bond is with DEP. That is
with the state, correct?
MR. HUGHES: Yes, ma'am.
COMMISSIONER HILLER: County Attorney, would we be
able, and obviously there has to be some agreement, would we be able
to get a bond in favor of Collier County to protect us? Like let's say
we asked for a million -- an additional million dollar bond to protect
Collier County in the event there is a discovery of some sort of
contamination pursuant to the inspection by our experts.
MR. KLATZKOW: You don't have the right to get one. You
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September 23, 2014
would have to either get one voluntarily from Hughes or you would
have to try to compel it through litigation, but you do not have the
right.
COMMISSIONER HILLER: All right. Well, if we don't have
the right but we can ask, then I'm going to ask, and I'm going to ask if
the Board would support me, to request that the Dan A. Hughes
Company provide an additional bond to protect the interests of Collier
County to the tune of another million dollars.
CHAIRMAN HENNING: Well, if you're talking about for any
potential which hasn't been discovered yet --
COMMISSIONER HILLER: Yes.
CHAIRMAN HENNING: -- any potential damage to the -- our
water source or the environment, you better ask for a billion dollars. If
you recall the BP oil spill, that is not even one billion dollars, it's
billions of dollars of lawsuit against that. So if you truly want
protection, you know, make it sufficient enough to cover any kind of
damage to the environment or water source.
COMMISSIONER HILLER: Well, first of all, you know, DEP
thought it adequate to have a million dollar bond. Secondly, we
preserve our right to sue if any damage is uncovered that goes beyond.
But at a minimum we would have a million dollars to protect Collier
County in addition to the million dollars that the state has. So you
would have $2 million to start the process of curing any possible injury
while at the same time having the ability to sue if anything is
uncovered.
I mean, I think -- you know, I pick a million because that's what
the state picked. So, you know, I'm sure they've come up with that
number based on a determination that that would be reasonable under
the circumstances if there was some injury. You know, this is not the
-- what's the name of that boat, the Exxon Valdez, what's the name of
the big oil spill, that's the one, right, or the BP oil spill, this is not on
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par with that. This is not on par with that. And I think you have to be
reasonable.
Now, I don't know -- again, I'm basing that million dollars, I think
we need protection now, I think we need a bond in favor of Collier
County. I think it should be equal to what DEP required of Hughes.
And I think we should preserve our right to sue based on a
determination that there's an injury. I don't think we should sue
without evidence that there is injury. And if we preserve our -- if the
County Attorney says we can sue at a later date, either by compelling
DEP to sue or by independently going after the Dan A. Hughes
Company, then I think we should do that once we have the evidence.
But I don't like to see public funds spent on litigation ahead of
knowing that we have injury. On the other hand, I don't like to see us
unprotected without our own bond. I'd like to save our money.
I mean, if we're going to sue, then I want to save every dime we
have to be able to sue once there is evidence of injury on the record.
CHAIRMAN HENNING: Is there anything else?
(No response.)
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I'd just like to make a brief
statement about what I've heard here today, and then make a
recommendation.
There is substantial disagreement between the positions of DEP
and Hughes that has led to the creation of perhaps a lot of opinions
both on this Board as well as in the public. My interest is finding out
who is right in order to hopefully influence legislation in Florida that
will perhaps solve any future problems of this nature.
And having said that, I think this particular discussion should take
place while we are talking about joining DEP in the suit against
Hughes. That might be the only way we find the answers to these
questions. Because if Hughes and DEP continue to disagree on the
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facts of the matter, we need to find a better way. And maybe the only
way is by joining that litigation. But I think we should have this
discussion later when we have an opportunity for public input.
CHAIRMAN HENNING: Okay.
COMMISSIONER HILLER: And I don't have a problem waiting
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Yes. Mr. Hughes, I just want to
ask you a couple of questions on your acid reworking process.
How old is this technology, to your knowledge, sir? I mean, has
this been done for a long period of time?
MR. HUGHES: It's been done for a long period of time. I don't
-- Wade Chapman may -- do you have any idea how long we've been
acidizing wells?
MR. CHAPMAN: No, I would say probably since the Thirties.
COMMISSIONER NANCE: Is this a process that has been used
more for horizontal -- wells that are drilled horizontality rather than
traditional vertical wells, or there is no correlation between the use of
this --
MR. HUGHES: Well, I don't know the exact number, but it's
been used in vertical wells, as Mr. Chapman said, since the Thirties.
It's done in thousands of vertical wells, a number of horizontal wells.
It's a newer technology, but I can't quantify the number of either one.
But it's an old technique that's been proven. As Mr. Chapman said,
acid in your water in Florida wells are acid pumped into them to
increase a deliverability. So it's used not just in oil and gas but also in
water well operations.
COMMISSIONER NANCE: So to your knowledge, in the
Sunniland formation -- and I realize your competitors are the ones out
there that have been engaging in oil and gas exploration in Collier
County. Have they been using these acid reworks in Collier County?
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September 23, 2014
MR. HUGHES: Yes, sir. And recently in horizontal wells have
been acid reworks in Collier County.
COMMISSIONER NANCE: Is this something that's typically a
proprietary trade secret, or are these techniques generally similar?
MR. HUGHES: Wade, can you answer that? It's getting above
my expertise.
MR. CHAPMAN: For the most part people in the industry know
what other operators are doing. You know, we're both working with
all the same surge companies. If they do something different that
works really well, they may try to keep it secret for a while. Like in
this case we drilled this horizontal well and combining the sand with
the acid we were trying to evaluate it and see how it was going to
work, thought maybe we might have a competitive advantage that we
didn't want to release.
COMMISSIONER NANCE: Right. But hydrochloric acid is
typically the primary product that's used?
MR. CHAPMAN: It's very common, sure.
COMMISSIONER NANCE: All right. And the rest of it -- on
the 17 secret herbs and spices that are your proprietary blend, what
percentage of the injectable fluid would be something proprietary
versus hydrochloric acid? I mean, just as a guideline. I'm just trying to
get a sense of it. If you use 12,000 gallons of hydrochloric acid and
there are other products that assist that, what percentage of that
injectable fluid --
MR. CHAPMAN: Really what was unique that we did was
combining the gel and sand with the acid, rather than just doing strictly
an acid job. Hopefully -- like I said, we were hoping the sand might
erode the limestone or just help the productivity a little bit.
COMMISSIONER NANCE: All right. I just wanted to get a
little background as to the general state of the industry in Collier
County with, you know, yourselves as the Dan A. Hughes Company
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September 23, 2014
versus other people that are out there with active wells at this time.
Thank you.
CHAIRMAN HENNING: Okay, before I go to Commissioner
Hiller and Commissioner Fiala, I have a couple questions.
How many different formations -- going by your chart, how many
different formations are between the boulder zone and the Sunniland?
MR. CHAPMAN: On the log that I counted between the
Sunniland and the boulder, it only -- the log was only shown on there
up to the boulder zone. But there were 60 different anhydrite layers.
CHAIRMAN HENNING: Sixty?
MR. CHAPMAN: Yes, sir.
CHAIRMAN HENNING: Sixty layers, different layers.
MR. CHAPMAN: Sixty red -- there were a lot more layers than
that, but of the impermeable anhydrite layers, there were 60 layers of
just anhydrite.
The Collier Company said seven. I think they were grouping
some of those layers. There were more like seven groups, but actual
individual layers, there were 60 layers.
CHAIRMAN HENNING: The slurry that was used in the acid
fracking, that was pumped back out, correct? That was --
MR. CHAPMAN: Yes, it --
CHAIRMAN HENNING: -- taken back out?
Let's talk about what happened to that after it was pumped out.
MR. CHAPMAN: After you do a stimulation job, you open the
well up and hopefully it flows back. In this case we didn't get all of
our -- all the fluid we pumped into it, we didn't get it all back and we
did end up having to put the well on pump, because the well ceased to
flow.
CHAIRMAN HENNING: Can you speak into the mic?
MR. CHAPMAN: Sure.
The well ceased to flow at some point, so we had to pump it. And
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September 23, 2014
we were -- at that time we were getting oil and some of our stimulation
fluids back.
There was a study out by Penn State just this past week that I
think there were some concerns in the public that when you pump
stimulation fluids into a rock over time, you don't get it all back and
over time it can come up through the different layers and reach the
groundwater.
What that study just showed, and it was just released a few days
ago, was that the pores are so small in this rock that we're stimulating
that once the water gets pumped into there, if you don't get it back
from the wellbore, it will stay in there forever. It's called the capillary
pressure. And so basically that rock just sucks -- it's almost like a
sponge the way it sucks up water. That rock sucks that water up. And
once it's in there, it can never be released.
So what we didn't get back up through the wellbore and send onto
an approved disposal well, it's going to stay in that rock.
CHAIRMAN HENNING: Okay. Well, let's talk about the
stimulation fluids that was pumped out. What happened to those
fluids?
MR. CHAPMAN: Tito, our completion eng -- Tito Hopkins, he's
a completion engineer, he was actually there on-site also. But all of
our fluids, the oil was sold and the water that we got back was sent to
an approved commercial disposal site.
CHAIRMAN HENNING: And where was that at?
MR. CHAPMAN: Do you all know?
It's in Miami.
CHAIRMAN HENNING: It was trucked over to Miami?
MR. CHAPMAN: Yes, sir.
CHAIRMAN HENNING: How much was trucked over to
Miami?
MR. CHAPMAN: Do you know how many?
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September 23, 2014
MR. HOPKINS: Roughly 7,000 barrels.
MR. CHAPMAN: So not quite half of it; 7,000 barrels of 15,000.
CHAIRMAN HENNING: Okay. I was told that there was a
contractor on-site to clean up the water that was used, separate the
fluids and that to clean up the fluid. Is that true?
MR. CHAPMAN: What we had on-site was what's called well
testers. And they have equipment on -- it's called separation. So all
that equipment does, if you say clean it up, is it separates the oil from
the water, gets the oil in a condition to where we can --
CHAIRMAN HENNING: Mr. Kremers, would you mind
standing up? I believe that you told me this, that you had an
experimental contractor on-site to clean up the fluids instead of
shipping them off for disposal.
MR. KREMERS: We would always ship it off. Michael
Fitzsimmons was the name of an expert. He's got a Doctorate in
Chemistry. We were doing an experiment on-site to see if we could
treat the water on-site before it got shipped. The reason for that is just
so it would be -- if it was clean water, it would be easier to dispose of;
there would be more disposal companies which would accept it. It was
done in an experimental basis on a very small scale. We never got to
Phase II, which was can you treat it on a large scale.
CHAIRMAN HENNING: And what was the outcome of that
small-scale cleanup?
MR. KREMERS: It was very favorable. He was able to clean up
what amounted to -- I wasn't there so I really can't speak to that, but it
was a small sampling, like a couple gallons.
CHAIRMAN HENNING: Is there any way that you could
provide the -- or would you provide the Board with that person's
contact information?
MR. KREMERS: Absolutely.
CHAIRMAN HENNING: Thank you.
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September 23, 2014
That's all the questions I have.
Commissioner Hiller, then Commissioner Fiala.
COMMISSIONER FIALA: Well, you can take mine off, because
you just asked my questions about the fluid and the disposal of it.
CHAIRMAN HENNING: You don't have anything to add to
that?
COMMISSIONER FIALA: That was what I wanted to ask.
CHAIRMAN HENNING: Thank you.
COMMISSIONER HILLER: I agree with Commissioner Coyle,
we're not going to make any decisions now during this presentation,
and obviously we want the public's input on any decision we make.
The concern I have is that if there is no evidence of any
environmental impact of what you've done, then we have entered a
lawsuit and spent public tax dollars unnecessarily. If there is damage
we have the right to sue and we would have those dollars available to
require remedy for whatever injury you may have caused. And then of
course the question is, you know, did you cause it or was, you know,
someone else at fault.
So my concern is, and this is for purposes of this future discussion
CHAIRMAN HENNING: Can we wait 'til that future
discussion?
COMMISSIONER HILLER: I will finish my statement, thank
you.
I want to make sure that we carefully contemplate timing and
getting additional security such as bonding in the interim.
CHAIRMAN HENNING: Is there any other discussion?
(No response.)
CHAIRMAN HENNING: Okay, thank you. I think we can get
at least one public speaker -- I mean public petition before we go to our
break.
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September 23, 2014
MR. OCHS: Yes, sir, Mr. Chairman.
Item #6A
PUBLIC PETITION REQUEST FROM ROBERT WALLACE
REQUESTING A MORATORIUM ON DEVELOPMENT IN
EXCESS OF LDC 6.05.01F AND USING DRIVEN PILINGS -
MOTION TO ACCEPT PRESENTATION PACKET —
APPROVED; COMMISSIONER HILLER MADE THE MOTION
TO BRING BACK THIS ITEM TO A FUTURE MEETING —
FAILED DUE TO LACK OF A SECOND
MR. OCHS: Sorry, sir. That takes us to Item 6.A on the agenda
this morning under public petitions. That is a public petition request
from Robert Wallace requesting a moratorium on development in
excess of Land Development Code 6.05.01(F) and using driven
pilings.
CHAIRMAN HENNING: I headed this public petition. I just
want to say, there is a process for this, and that is an official
interpretation of our Land Development Code that can be obtained by
anybody.
MS. WALLACE: May I approach with hard copies?
CHAIRMAN HENNING: The Board needs to vote on whether
they want to accept any material on that.
What is it that you want to give us?
MS. WALLACE: It's copies of the slide presentation.
CHAIRMAN HENNING: Okay. You can give it to one of the
gentlemen over here, and I'll ask the Board if-- or entertain a motion to
accept the presentation by the Wallaces.
COMMISSIONER COYLE: Motion to accept.
COMMISSIONER FIALA: Second.
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September 23, 2014
CHAIRMAN HENNING: Motion and second. Discussion on the
motion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
THE COURT REPORTER: Who seconded the motion?
CHAIRMAN HENNING: Commissioner Fiala seconded the
motion.
Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Okay, Mr. Wallace, you have 10 minutes.
MR. WALLACE: Thank you.
I'm here speaking in front of Collier County's Commissioners
because after months of working with the Collier County Building
Department I still have no resolution to the serious issue of increased
flooding impact to the structure permitted next to where I live. This
structure is currently permitted to exceed the house pad maximum
height requirements of LDC 4.03.05(B). As a result it will change the
existing floodplain, funneling flood waters onto both neighboring
properties.
The project incorrectly identifies impervious surfaces as pervious,
which allows untreated runoff to flow onto the street and directly into
Rookery Bay Estuary, increasing the risk of street flooding and
reducing the quality of surrounding waters.
LDC 6.05.01 limits the total building under roof and total
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September 23, 2014
impervious surface coverage. To mitigate the effects of building in
excessive of these limits a woefully inadequate drainage plan was
submitted and accepted.
My wife and I have identified another recently built property on
our street that has been elevated in excess of LDC 4.03.05(B), and
numerous properties that are built with sand set pavers excluded from
impervious area calculations, as well as numerous properties that have
deficient drainage plans allowing development in excess of LDC
6.05.01(F).
I am in the belief that the project at 11 East Pelican Street is
representative of a systemic problem in the interpretation and
implementation of the LDC.
I hope at the end of my time here today the Board sees the issues
I'm raising as real and as concerning to you as they are to me. As a
result, you issue a moratorium on permitting development of building
in excess of LDC 4.03.05(B), and LDC 6.05.01(F) until substantive
changes can be made to these sections of the LDC; that the Board
directs the Building Department to begin requiring standards-based
engineering when identifying pervious surfaces; and finally, that a stop
work order be issued for the project located at 11 East Pelican Street
until these issues are addressed.
The Isles of Capri is an island community primarily made up of
small lots. Most of the homes are waterfront and the entire community
is in a FEMA designated flood zone. Heavy rains combined with
medium to high tides result in frequent minor street flooding. Since all
storm drains dump runoff directly into waters designated as part of the
Rookery Bay Estuary, the storm drains become ineffective during
rising tides.
The secondary relief from rising waters resulting from heavy
rains is between the houses. So if a project is permitted to be elevated
in excess of the limits imposed by the LDC, it is negatively affecting
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September 23, 2014
the floodplain.
While the impacts of one such exception has a small total impact
to the community, the cumulative effect of many exceptions will be
devastating. In communities like the Isles of Capri where flood relief
is between the homes, elevating the house pad and moving the septic
drain fields to the side setbacks effectively walls off the street flooding
from elevated properties.
LDC 4.03.05(B) states: Exceptions to this section can be sought
based on site stormwater retention design done by a professional
engineer licensed in the State of Florida showing that the site has
sufficient water quality retention, water quality attenuation on site to
prevent the shedding of excess runoff onto neighboring properties and
showing that floodplain compensation has been achieved.
The drainage plan provided for this project does nothing to
address this requirement. Its only stated purpose is to address the
excess lot coverage. And in my opinion, backed by SWIFTMUD
documentation, this drainage plan does not accomplish even that.
The project at 11 East Pelican Street is permitted in excess of
LDC 6.05.01(F). This section limits lot coverage as well as total
impervious areas. The exception used to allow the overdevelopment of
this lot is a site drainage plan signed and sealed by an engineer. LDC
6.05.01(F(2), the site drainage analysis shall include water quality
calculations to SWIFTMUD standards and water quantity calculations
done to accommodate the runoff from the areas in excess of ratio of a
five-year one-day storm and shall include percolation test by a
qualified engineer and technician. The approved drainage plan has no
water quality calculation and there is no percolation test on the
retention area included in the drainage plan.
So let's take a look at a drainage plan and compare the design to a
dry retention area provided by SWIFTMUD.
The bottom of this permitted retention area is designated at four
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September 23, 2014
feet N.A.V.D., and the wet season high water table is 3.29 feet. The
discharge pipe will allow unfiltered runoff to flow directly into a body
of water designated as an aquatic preserve. The retention area has
almost the exact volume needed to hold the runoff from the excess
roof. Its design factor is 1.2.
I've got to wait for my slides to catch up.
While your engineers will probably tell you that the runoff from
the roof will be clean, research shows that potential for release of
pollutants is substantial. SWIFTMUD states that the minimum design
should be at least one foot above the seasonal groundwater levels.
The SWIFTMUD design has a discharge pipe installed below the
sod surface but above the seasonal high water table, allowing runoff to
infiltrate through the soil prior to being discharged.
The SWIFTMUD design suggests a factor of two, which makes
sense when you consider that the rain falling on the roof is also falling
in the retention area.
Also of concern to me is the fact that a retention area requires
regular maintenance, yet no easement will be recorded.
And again I'm catching up.
The Collier County Building Department has adopted a position
that pavers set in sand are to be considered as pervious surface. The
position is contrary to decades of research on the subject and contrary
to the definition of pervious in LDC 108.02.
Numerous research papers exist showing that particles, fine
particles, clog the openings in pavers, rendering the surface
impervious. Note the highlighted section. The permeability of
joint-filling materials is key to long-term surface infiltration
performance. This slide shows infiltration rates of several different size
of joint aggregate, comparing the initial installation performance to the
performance after several years of usage.
Note that sands have the lowest initial infiltration rates. As a
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September 23, 2014
result, sand is not recommended for use in joints, bedding or base for
permeable concrete paver systems.
And I'm waiting.
This slide shows the proper design for a permeable paver system.
Note that stone aggregate is used for the joints and the bedding.
Studies have shown that properly designed and installed permeable
pavers will significantly reduce runoffs and pollutant volumes.
My time will not permit me to go into more detail of the problems
in the permitting of 11 East Pelican Street. But other issues include the
building of hardened structures in the setback that should have been a
flood wave of rising waters. This area was also a VE zone just two
years ago and now is now an AE zone.
They're also calling a three-foot encroachment of the side
easement of the pool deck a stair landing which they are claiming is
permitted. And --
MR. OCHS: You have one more minute.
MR. WALLACE: In summary, we believe that the permit on the
11 East Pelican should never have been granted and we believe that the
use of sand set pavers in this county is not a correct solution as a
permeable surface.
It beeps.
Anyway, I hope you'll take what I'm saying serious. There needs
to be some changes in the Building Department, definitely on the
Building Department's use of sand set pavers to reduce the impervious
areas of newly constructed homes.
CHAIRMAN HENNING: Thank you.
Questions, comments by Commissioners? Commissioner Hiller?
COMMISSIONER HILLER: This is a very serious issue. And
the Land Development Code is law, and staff does not have the ability
to provide variances to what is clearly provided for in the code. If
there's an issue with respect to a variance, then hardship has to be
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September 23, 2014
proven.
CHAIRMAN HENNING: Who's to say there was a variance?
COMMISSIONER HILLER: That's not the issue. That's not
what I'm saying. I'm not saying there is a variance. I'm saying that if
this builder had sought a variance, they would have to prove hardship.
Otherwise staff has to enforce the code as written.
Both sections of this code are extremely important. We've had
major flooding issues in the Estates where homes were built
improperly. And because of the amount of surface which became
impervious, excess stormwater which should have been retained
on-site was displaced and flooded neighboring properties. What was
going on there, it was kind of like king of the mountain, who could
build a higher mount and displace, you know, the excess stormwater
onto the properties of older homes that were built at a lower elevation.
That is illegal, all right. I mean, it's just point blank illegal. You
cannot displace your excess stormwater on another person's property.
That's called trespass. Which is why this law exists and why strict
enforcement of this law is required on the part of our staff.
So I move we bring this back, because this is an important issue,
not just with respect to the specific facts of this case but with respect to
the protection of all existing homes as against new development where
this could very conceivably occur.
CHAIRMAN HENNING: There's a motion on the floor. Is there
a second to the motion?
(No response.)
CHAIRMAN HENNING: Seeing none, the motion dies for lack
of a second.
I've got to say, I disagree with your statement. Golden Gate
Estates, I lived out there for a number of years. Commissioner Nance
also. What I see in Golden Gate Estates is you have older homes that
were built in the Sixties, Seventies and Eighties that don't comply to
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September 23, 2014
the flood elevation standards. The neighbor next door builds on his
property and therefore that neighbor's property is not used for storage,
water storage, okay. Unlike a subdivision, approved subdivision
where you have all lots equal level, Golden Gate Estates, I mean,
there's wetlands, there's lower lands, there's uplands. It's all different.
So I mean, I totally disagree with that statement.
Who's next? Commissioner Fiala, Commissioner Coyle?
COMMISSIONER COYLE: This has been going on for some
time. I think the staff has taken a look at that.
County Manager, what is the conclusion and/or recommendation
of staff in this matter?
MR. OCHS: Sir, the staff has concluded that this particular home
is in compliance with your Land Development Code and Florida
Building Codes. Mr. French is here to address any specific items.
COMMISSIONER COYLE: Well, I'm interested in
understanding why the presenter thinks it's very clear and our staff
thinks it is in compliance. So I'd like to deal with that issue.
MR. OCHS: Yes, sir. Mr. French?
MR. FRENCH: Good morning, Commissioners. For the record,
my name is Jamie French with the Growth Management Division.
We certainly appreciate the Wallaces research. We spent a great
deal of time with the Wallaces over the last two months answering
their questions. And a number of the items that were presented today
making reference to our Land Development Code do not simply apply
to single-family homes, subdivided lots.
Now, in this particular case, this is in a flood zone, there's no
doubt. This is a AE-9. This home is built at 9.01 feet. It is -- and that
is federal law that requires that the occupiable space be built at or
above the flood zone. There is no free board.
And also, this particular structure is built on pile caps, structural
beams and stem walls. So in making reference to the LDC section that
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September 23, 2014
talks about a typical foundation that would go through compaction and
then you would pour a monolithic slab on top of it, this is not the case
in this structure.
We don't deny, this house is going to be much taller, because it is
new construction, under the new FEMA regulatory guidelines on the
flood maps compared to the neighboring properties that were built
many years ago.
COMMISSIONER COYLE: But it is not in violation of the
code?
MR. FRENCH: Sir, we have reviewed this at least no less than
half a dozen times. And the Wallaces have sent us no less than 40 or
50 questions. And many of the questions are just the same questions,
just asked in a different way. But we have taken the time to review
every one of those questions. We have compared it to our review
results. We have gone as far as having contact with the contractor and
the design engineer. And there was a flood design done by
professional engineer on this contractor, and there were some moderate
swales that were added to the site plan to make us -- I don't want to say
make us look at this different, but -- and to try to make the neighbors
feel a little different about the project, there were moderate set swales
that were added to the sides of the yard. Moderate meaning probably
about four or five inches, but yet they were put in there to help mitigate
any potential floodwaters that the neighbors may have a concern over.
But they were not a requirement, according to the code.
So we've been in contact with the design engineer, we've been in
contact with the contractor, their legal counsel, the Wallaces. We've
certainly done our -- given it our college try to make sure we can have
this project move forward without violating any codes.
MR. WALLACE: Can I respond to one statement that he made?
CHAIRMAN HENNING: No, your 10 minutes is up. Thank
you.
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September 23, 2014
COMMISSIONER COYLE: Let me ask the question a different
way.
Do the FEMA regulations result in a situation which makes the
flooding of adjacent yards of older homes inevitable?
MR. FRENCH: In this particular case this lot is designed to flow
to the bay, to the bay and to the swale. So not in this case. The water
is supposed to flow into the bay. So it's not going to -- it should not
flow onto the neighbors. And that's the way this engineer has designed
this site.
COMMISSIONER COYLE: Okay, thank you.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes, I went out to the property and
took a look last week, as a matter of fact. In fact, I drove up and down
that street, as well as other streets, because I've never had any
complaints about flooding before. There's a lot of homes that have --
or a lot of properties actually that have new buildings on them and they
-- because they're small lots they're built a lot higher, and so you have a
little house and then a tall house and a little house and a tall house.
And I haven't had any complaints from anybody on Capris. And I
have a pretty close relationship with them all these many years. And I
just haven't had any complaints at all.
So I wanted to see for myself what the difference was. But it
seems that that right now -- I'm sure when the Wallaces first bought
they noticed that the newer houses were all pretty tall. And the other
ones -- I like the little ones myself, because that's the kind of house I
live in too, I just feel more comfortable in that, and so I can understand
why they bought it. But as long as they're protected from all of the
back run -- and I've talked with staff about this as well, and as long as
they're protected from any flooding, I would believe that this should
just be allowed to stand as it is, not make any changes to what's
happening to the people's property. As long as they've already got that
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September 23, 2014
all taken care of, they've complied with everything, they've gone the
extra mile to do even more, I would think there's nothing else we can
ask of them.
MR. FRENCH: Commissioner, the obligation was made by the
Administrator, Nick Casalanguida, and we will follow through with
that to make sure that this home is fully in compliance with the plans
that were approved.
COMMISSIONER FIALA: Do we have steps along the way to
ensure, like inspections and so forth --
MR. FRENCH: Yes, ma'am.
COMMISSIONER FIALA: -- to ensure everything is done to
prevent any flooding on adjacent properties?
MR. FRENCH: Both building and engineering inspections will
commence on this project as they advance and they call in those
inspections.
And I will tell you that our county engineer, Jack MCKENNA,
who is licensed, like our building official, is a certified professional
engineer, they will both be involved in making sure that this home is
built to compliance.
COMMISSIONER FIALA: Thank you.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Yeah, the motion that I made was
to bring back the issue of compliance with the LDC, not the Wallaces
specific case, because that's the petition before us. So I want to clarify
that. Because I do think this is a very significant issue that should be
revisited and periodically updated through review by the Board.
I want to go back to the statements you made, Jamie. I
understand that you're saying you're going to ensure compliance with
what you have approved. But what I would like to know is that in this
particular case that you have made a determination on an engineering
level that no excess stormwater will be displaced and cause flooding of
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September 23, 2014
neighboring properties.
And while I understand that -- you know, and actually I want to
tell the homeowner, notwithstanding any representation by our staff
that that would be the case, there is -- county staff doesn't have
liability. So even if what they say is wrong and you end up getting
flooded as a consequence of this house being built, your recourse isn't
against them, your recourse would be in circuit court and to sue your
neighbor for trespass because they in effect have immunity.
So can you answer the question just for my information?
MR. FRENCH: Because I'm not a professional engineer, I have
our county engineer, Jack MCKENNA, who will answer the question.
MR. MCKENNA: Good morning, Commissioners, Jack
MCKENNA, your County Engineer.
I spent a fair amount of time looking at this site. But I'll make my
answers more generic.
COMMISSIONER HILLER: I'd like them specific.
MR. MCKENNA: I'm sorry?
COMMISSIONER HILLER: I'd like them specific.
MR. MCKENNA: Okay, let me start with generic and then we
can go in specific, how's that?
COMMISSIONER HILLER: Thank you.
MR. MCKENNA: In this area, the flooding risk is really from
surge. It's from tidal surge. It's a different situation from what we
have out in Golden Gate Estates where it's a displacement issue.
The challenge of dealing with the water here is a routing, you
know, sending the water to the bay or sending it out to the right-of-way
where it would then run to the bay. It's not a displacement function.
So as Jamie had mentioned, we're going to be diligent in watching
the home as it's being built. There will be final inspections happening
prior to occupancy to make sure that the water isn't directed onto the
neighbor's property.
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September 23, 2014
The -- while I'm here I'll speak also, there's a lot of discussion on
the pervious, impervious pavers. Let me just touch on that, if I may.
There's pervious pavement, there's designs for pervious pavement
with the District. The pervious pavers are not designed as a pervious
pavement section. Everything has a relative level of pervious, if you
will. Glass is pretty impervious, wood is a little bit more. Everything
-- there's a spectrum. And when the -- what we refer to as lot coverage
ordinance when this code was developed, the intent was to consider
pavers set in sand to be pervious for the sake of this code. Would not
allow that to replace water -- in that application, you would not use that
as pervious pavement in a parking lot or something like that.
But for the sake of this code, my predecessor Stan considered the
pavers to be pervious. Again, they're relatively pervious, everything
being relative. And so in my time in, you know, four plus years that
I've been here, we've tried to be consistent in that interpretation, as that
was the origin of the code.
Relative to the specifics now of this home, the -- there is a
retention area put in the back that then will discharge that holds the
water and is an attenuation thing. It slowly discharges it through a
three-inch orifice to the bay.
COMMISSIONER HILLER: The attenuation for pollution?
MR. MCKENNA: The lot coverage ordinance, it's more of a --
even though quality is mentioned in the code, it's really more of a
quantity thing of thou shall not flood thy neighbor. It's particularly
applicable where you're not near a discharge point, Naples Park, for
example, where you have a lot of homes close together and a system
that isn't very well defined and receiving those waters.
Here the bay is the receiving water. It takes the water directly
from the roads, it takes it from the lots, you know.
So really, it's not a water quality thing, because even if you had
grass, the runoff from the grass with the fertilizers is probably more
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September 23, 2014
polluting than what's coming from the roof and the paver pool deck.
But the codes being applied uniformly, we have talked -- in fact
Stan's leading the charge with DSAC to look at some changes
potentially to the code. If those changes -- one of the changes that we
talked about having is if you're by a bay system, it doesn't really make
sense, you have a free discharge point. It's not the same as being in
Naples Park well in from your discharge point, that maybe there
should be an exception in those applications. So --
COMMISSIONER HILLER: Can I just go back to my specific
question?
MR. MCKENNA: Sure. I'm sorry.
COMMISSIONER HILLER: And that is within the -- and thanks
for your explanation, and I understand and agree with what you said.
But with respect to this specific home, when you reviewed the
design, which considers the lot area ratio and the pervious versus
impervious surfaces and you know what the potential rainfall is based
on the various storms that you have to consider in these type of
analyses, did you run the numbers and come to the calculation that
based on the design that was presented, considering the lot area ratio
and the types of surfaces being used, that there would be no
displacement of excess stormwater on this gentleman's property? And
that's just a simple yes or no.
MR. MCKENNA: Yes, I did consider.
COMMISSIONER HILLER: You calculated that.
MR. MCKENNA: We looked at the amount of water being
stored according to the lot coverage ordinance. That's all that happens
for a single-family residence. It's not -- you don't run routings based
on storm design events for a single-family. That's done for site
development plans or --
COMMISSIONER HILLER: So you haven't done that
calculation then.
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September 23, 2014
MR. MCKENNA: Not for design storm event, no.
COMMISSIONER HILLER: So you don't know whether or not
excess stormwater will be displaced, given this design, based on
certain storms?
MR. MCKENNA: It's not a function of excess stormwater. The
stormwater has its discharge point which is allowed to go to the
right-of-way or to the bay.
COMMISSIONER HILLER: Well, let me just clarify. When I
say excess, I mean if the house would be designed in a different
manner where, you know, it was expected that so much would be
absorbed on the site if the design is bigger and goes beyond the lot area
ratio standards that we have here, then you're going to have excess
stormwater that otherwise would have been absorbed but isn't and
therefore is displaced and will have that trespass, and you're telling me
you haven't done that calculation.
MR. MCKENNA: The stormwater is not being trespassed. It's
not running onto the neighbor's property. It's by swales and berms; it's
going front and back, primarily to the back. The --
COMMISSIONER HILLER: Because you've done the
calculations ensuring that the swales have the ability to absorb that
excess stormwater.
MR. MCKENNA: It's a routing. It's routing the water. It's not
looking at the absorption rate of the swales, that's where it's directed.
COMMISSIONER HILLER: But the swale has to have capacity.
MR. MCKENNA: It has to --
COMMISSIONER HILLER: It's okay, I understand.
CHAIRMAN HENNING: We're going to take a 10-minute
break.
COMMISSIONER HILLER: Thank you.
(Recess.)
CHAIRMAN HENNING: Okay, I think we're done with 6.A, is
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September 23, 2014
that -- anybody else have any other comments?
(No response.)
CHAIRMAN HENNING: Okay, let's move on to 6.B.
Item #6B
PUBLIC PETITION REQUEST FROM DAVID BOLDUC
REQUESTING THAT THE BOARD OF COUNTY
COMMISSIONERS PLACE AN ITEM ON A FUTURE AGENDA
TO DISCUSS THE CREATION OF A PUBLIC BANK -
PRESENTED WITH NO ACTION TAKEN
MR. OCHS: Yes, sir, Item 6.B is a public petition request from
David Bolduc requesting that the Board of County Commissioners
place an item on a future agenda to discuss the creation of a public
bank.
MR. BOLDUC: Good morning. For the record, David Bolduc.
Yes, I'd like to introduce the Commissioners to the concept of a
public bank, specifically a Collier County bank. And I'm talking about
potentially a future agenda item to talk about a potential funding
feasibility study for one.
As reported in Bloomberg recently and in other financial
publications, the Federal Reserve, the FDIC and the OCC recently
changed liquidity requirements for the nation's largest banks. And
what they've done is that municipal bonds are going to be eliminated
from banks' list of high-quality collateral assets starting January 1st,
2015.
And as Ben Watkins said at the bottom of the page here, Director
of Florida's Bond Finance Divisions, banks have been large purchasers
of municipal bonds. Currently the large banks hold about 425 billion
of municipal bonds. And if they're no longer going to be purchasing
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September 23, 2014
them, in fact selling them, that's certainly been helpful in keeping rates
low in the past which means, you know, rates are probably going to go
up in the future for future municipal bond projects, or bond issuance.
Now, banks hold about 425 billion of municipal bonds currently
but, you know, where do they get the money to purchase those bonds?
And what they did is they actually just created that money to purchase
the bonds. They either borrowed it directly from the Federal Reserves
essentially at zero interest rate, or they plowed back their profits from
loans that they created out of thin air and received the interest back on
those loans.
Now there's a high level bankers documentation for that. Graham
Towers, who was the Governor of the Bank of Canada from 1935 to
1955 describes the banking process this way: Banks create money,
that's what they're there for.
The manufacturing process of money consists of making an entry
in a book, that is all. Each and every time a bank makes a loan new
bank credit is created. Brand new money.
It's also confirmed by Robert Anderson who was the Secretary of
Treasury under Eisenhower from '57 to '61. He was quoted in the U.S.
News World Report article where he stated: When a bank makes a
loan, it simply adds to the borrower's deposit account in the bank by
the amount of the loan. The money is not taken from anyone else's
deposit, it was not previously paid into the back by anyone. It's new
money created for the bank for the use of the borrower.
More recently another confirmation is from an IMF economist,
Michael Kumhof. He co-wrote a paper called the Chicago Plan
Revisited, and he was --
CHAIRMAN HENNING: Hold on.
Cherie', are you able to keep up?
THE COURT REPORTER: No.
COMMISSIONER HILLER: You have to speak slower so the
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September 23, 2014
court reporter --
CHAIRMAN HENNING: Just slow down.
MR. BOLDUC: Sony. I'm just trying to get it in in 10 minutes.
At his presentation at the London School of Economics in
November, 2013 he describes the banking process as this: The key
function of banks is money creation, it is not intermediation. The
banks do not wait for Granny to walk through the door and deposit
some money so they can lend it to someone else. Instead what banks
do is create new money, ex nihilo, out of thin air in the act of lending.
And I emphasize, this is not a theory, this is a fact.
So if municipal bonds issuance costs are probably going to go up,
is there an alternative? And there is an alternative and it's to create a
municipal bank and then loan for that municipal project rather than
issue municipal bonds.
You know, state, county and city municipalities, they cannot print
their own money, but they can create their own banks modeled after
the highly successful Bank of North Dakota. Established in 1919, the
Bank of North Dakota is the only publicly owned bank in the United
States. It is 100 percent owned by the State of North Dakota.
So what the State of North Dakota does is they deposit all tax and
fee revenue at the Bank of North Dakota. Then the Bank of North
Dakota creates new loans, new money to finance infrastructure
projects. And having its own bank allows North Dakota municipalities
to fund municipal projects without raising taxes or incurring debt. This
makes North Dakota municipal projects effectively interest free since
North Dakota owns the Bank of North Dakota and the Bank of North
Dakota receives the benefit of the interest.
And it's been quite profitable for the state, in fact. The Bank of
North Dakota has returned profits to the State of North Dakota and
they returned over 400 million over the past decade.
Well, looking at the bank of North Dakota economy, it's not
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September 23, 2014
loading but I'll just kind of summarize it. It's essentially the top
economy in the country. They're the only state that has been in a
continuous budget surplus since 2008, the banking crisis. They have
the lowest unemployment rate in the country by far. And in fact the
legislators in the State of North Dakota are very popular. In 2011 they
reduced income and property taxes by 500 million. In 2013 they
reduced income and property taxes by 1.1 billion. And since 2009,
essentially since the economic crisis, the Governor and the legislature
have lowered all forms of taxation by $2.4 billion.
So some people say well, North Dakota is rich in oil. But it's not
about oil, it's about the bank, it's how you finance the infrastructure
projects to extract that oil out of the ground and for their agricultural,
which are the two dominant economies there.
This is straight from the Department of Energy. This is total
energy production when it's oil, gas and coal. And North Dakota ranks
12th. So it's not the oil, it's about how they finance it.
To really kind of hit home on how it's not the resources, it's how
you finance those recourses; I think a great way to look at it is look the
debt level of Canada. This graph at the top comes from Statistics
Canada, and it is the gross Canadian federal debt since 1867
confederation to 2008.
And to get out of the depression, the government of Canada in the
Thirties created the Bank of Canada. So what they did is they
borrowed directly from their own bank starting in 1939. So from 1939
to '74 the government of Canada borrowed from their Bank of Canada.
And in '74 they joined the Basel Committee at the Bank of
International settlements and discouraged them to no longer do that.
And rather than borrow from their own bank they just issued Canada's
bonds and auctioned them off to private banks.
But you can see how successful it was. From 1939 to 1974
Canada funded major public projects, including the production of large
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September 23, 2014
numbers of aircrafts for World War II; free education for returning
soldiers and the young; old age pensions; TransCanada Highway,
which was the longest highway in the world that was built; St.
Lawrence Seaway, the longest inland waterway in the world; they built
the Welland Canal, which is west of Buffalo, which connected Lake
Erie and Lake Ontario so you could directly ship goods from the
Midwest to the Atlantic; built hydro-powered dams; universal
healthcare and Canadian Post Office was financed virtually debt free.
And you can see the debt level of Canada once they started
auctioning their bonds to private banks, again, who created that money
out of thin air to buy those bonds. They couldn't keep up with the debt
level or the interest rates -- or the interest banks, excuse me.
When we're talking about creating potentially a public or a
municipal bank, it's actually the safest banking structure in the world.
In early September Global Finance Magazine released their 50 safest
banks for 2014. And I've summarized the top 10. And you look at it,
all 10 of them are publicly owned or municipal banks. And actually
this is a very prestigious list. And these banks are going to be honored
at the combined IMF World Bank annual meeting in October.
It's interesting to note after the 2008 economic crisis, only five
banks in the world were able to maintain their AAA ratings from the
three large rating agencies, which are S&P, Moody's and Fitch. All
five banks are on this list.
And I kind of point to number eight on the list, one in France. It's
Caisse des Depots et Consignations. That was created in 1816. So for,
you know, I'm sure there were some naysayers back then who said,
you know, a public bank or a municipal bank's going to be a train
wreck, but 200 years later it's one of the five banks in the world that
still maintains its AAA rating from all three rating agencies.
So what are some of the financial benefits if Collier County were
to create a public bank? Well, in the future it would not have to issue
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September 23, 2014
municipal bonds, it could just issue a loan from its own bank. But, you
know, from day one, one thing it could do is issue a $550 million, you
know, total cash is roughly about $600 million when you have the
short-term working account and the longer term enhanced cash
investments, from what I could tell from Mr. Brock's reports. They
could issue a loan to the government of Collier County and buy back
the $550 million of existing debt. That would save about 55 million
per year for, you know, a savings of 1.4 billion over the next 25 years.
And you could buy back other municipalities or other nonprofits that
have issued bonds. NCH Healthcare, we could buy back the 104
million that they issued in 2012. We would be able to capture the 179
million payments that they're going to be making over the next 25
years.
Arlington Naples, we could buy back the 100 -- or they could --
we could issue a loan to them and they could buy back their 190
million bond issuance or municipal bond issuance that they had in
2013. Again, being able to capture the 408 million that they're going
to pay back over the life of that bond.
So essentially if we were to talk about creating a public bank, just
from these three areas we -- Collier County could see a combined
savings and potential new revenue of over two billion over the next 25
years. And since it's a traditional working bank, the cash would be
deposited at the bank, it could issue checks, and it would -- we'd never
have to get into the discussion of where to I guess deposit our cash,
we'd deposit it in our own bank.
CHAIRMAN HENNING: Questions, comments from the Board
members?
Commissioner Hiller?
COMMISSIONER HILLER: Yeah, I want to thank you so much
for coming to speak. I think you put a lot of effort into your
presentation. And you and I had spoken about this going back several
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September 23, 2014
years; you came to my office once to present the idea.
It is a very interesting idea and it is one that I think should be
lobbied to the state legislature. Maybe you'd like to lobby Senator
Richter who's sitting in the audience about it. And I'm not joking, I'm
serious.
I think it is something to look at. I don't know if we can do it in
the State of Florida. I don't know what our current laws are, whether
or not it's allowable. But it is something to be considered, because
there are other, you know, European banks that are owned by their
governments and you correctly point out they are well regarded and
they do benefit the local, you know, or the state jurisdictions.
MR. BOLDUC: Right, that's why I --
COMMISSIONER HILLER: Whatever the political jurisdictions
that they serve.
MR. BOLDUC: Exactly. That's why I feel a feasibility study or
discussing it would be of interest, because it's not that expensive. If
you do decide to do one, it would probably be around $10,000. And,
you know, they can ferret out all those issues, you know, once the
current legal structure -- you know, how does it get created essentially,
if that's the choice.
COMMISSIONER HILLER: Yeah, I can't speak to any of that,
I'm not familiar with any of that. But I think it's something that could
be looked at.
Thank you for coming today.
CHAIRMAN HENNING: Any other questions?
(No response.)
CHAIRMAN HENNING: Thank you.
MR. BOLDUC: Okay, thanks.
CHAIRMAN HENNING: Next item?
Item #1 OA
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September 23, 2014
AUTHORIZING THE COUNTY ATTORNEY TO ADVERTISE
FOR FUTURE CONSIDERATION AN ORDINANCE AMENDING
ORDINANCE NO. 2012-23, WHICH ESTABLISHED THE
COLLIER COUNTY PUBLIC SAFETY AUTHORITY —
APPROVED WITH ADDITIONAL VERBIAGE (PER THE
AGENDA CHANGE SHEET)
MR. OCHS: Yes, sir, next item on your agenda is Item 10.A. It's
a recommendation to authorize the County Attorney to advertise for
future consideration an ordinance amending Ordinance No. 2012-23
which established the Collier County Public Safety Authority, and
further amend the Public Safety Ordinance to provide that the Public
Safety Authority will be a five-member citizens committee with
members having no affiliation with any hospital, fire district, EMS,
municipality or Collier County Sheriffs Office, and eliminating the
Medical Director's sub-committee. And this item was placed on the
agenda by Commissioner Henning.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion and second to approve.
Discussion on the motion?
COMMISSIONER NANCE: Yeah, I'd like to make one
comment. I would like to thank Commissioner Henning for bringing
this forward. I think it's been needed for a long time. And I think the
additions that were on the change sheet answered all the questions I
had, so I certainly support it.
CHAIRMAN HENNING: And we know this is coming back for
potential final ratification. However, we do have public speakers.
MR. MILLER: Mr. Chairman --
COMMISSIONER HILLER: I have a comment.
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September 23, 2014
COMMISSIONER FIALA: I have a question.
CHAIRMAN HENNING: Okay, before we do that, we have
Commissioner Hiller wants to make a comment and Commissioner
Fiala wants to -- has a question.
Go ahead.
COMMISSIONER HILLER: Yeah, I think, Commissioner
Henning, in your summary you improperly stated that the reason there
was low attendance was because of concern over Sunshine. That isn't
the case at all. I received an email from Reg Buxton, who was the
chair. And he properly points out, and I'm going to read this into the
record because he could not be here today and so I would like his
words reflected on the record.
He properly points out that the committee became disillusioned
when the tremendous volume of effort that the committee engaged in
to try to make good recommendations to the Board was disregarded by
the Board. And I'm going to read to you what Reg said.
CHAIRMAN HENNING: And I appreciate his opinion.
COMMISSIONER HILLER: "Georgia, I see on the agenda
tomorrow is the PSA. Let me say a few words on this. The PSA had
two controversial items given to us to vet and return a recommendation
to the BCC. Many hours of individual and group thought went into the
two recommendations sent to the BCC. The time was given willingly
by the PSA to reach a decision that including input by all members of
the PSA. As you know by looking at the PSA member list, it contains
many leaders including COO, CEOs and business leaders in the
community. All decisions that led to the recommendations given the
BCC came from these people. Since the last recommendation
Corkscrew was treated lightly, as was the recommendation for Medical
Director. It has been impossible, despite members caring deeply about
the PSA, to get a quorum. The reason for that is plain and simple. The
members of the PSA, the leaders in the community, see that their
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September 23, 2014
decisions are not taken seriously and therefore why provide them. The
thought process that the Sunshine Law prevents various members from
talking to each other during business hours is true, but this was brought
up strongly when the PSA was formed. A true Public Safety Authority
would have its members coming from the community preferably with
great problem-solving skills and a great deal of common sense. This
group, which should represent all areas of Collier County would then
discuss the problem put before it and call in experts in the field to
present to them the facts and process of the problem. Then the PSA
would without politics make a recommendation to the BCC.
Respectfully, Reg Buxton, Chair of the PSA."
Now, one thing to be clear on with respect to Sunshine is the only
thing these members could not do is speak about matters coming
before the PSA for a vote. But once -- but they could speak and work
together otherwise. Just to clarify.
And it has to be remembered that the reason that the PSA was
created was it was intended to be the launching organization for what
was going to be the independent authority to oversee EMS operations
in Collier County. Disbanding the PSA suggests that we're also
abandoning the purpose for which it was created, which is to divest
Collier County of the responsibility of managing EMS and
consolidating it in this independent political entity.
I am not sure that, you know, having five citizens on a committee
is going to help us in deciding public safety policy. The mix of
professionals with citizens is what was important.
So I can't support your motion for those reasons. I don't see, you
know, leaving these professionals out of the mix making sense. And I
see this as the Board's abdication of its original intent when it created
the PSA.
CHAIRMAN HENNING: Thank you for your legal opinion.
Commissioner Fiala, you have a question?
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September 23, 2014
COMMISSIONER FIALA: Yes, I do. First of all, I like your
amendment. I think that that clears up a lot of problems that we could
have with the Sunshine.
And I just wanted to ask the County Attorney, do you feel with
this motion we can have a committee that can function without any
problems with the Sunshine, being that everybody is being chosen
from the community itself and it's going to be our responsibility to
select people that would have some background and knowledge to lead
this committee forward?
MR. KLATZKOW: The committee as proposed reconstituted
would have no Sunshine issues.
COMMISSIONER FIALA: Okay, good. Thank you.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I'd just like to make a brief
statement concerning the function of the PSA. And I normally agree
wholeheartedly with everything Commissioner Hiller says, but we
might have a difference of opinion here today.
In my opinion the PSA is a failed organization that got itself
involved in political maneuvering and in my estimation unethical
behavior with respect to several contentious votes. Some agencies
refused to vote because they didn't want to be caught in a situation
where they might be criticized. All of which served to influence the
votes that they did make. And negatively so.
So I think this is a good change. As a matter of fact, some of the
people who had advocated the creation of this organization actually
resigned because of its conduct. And I think it's clear what happened
there. And the best thing to do is get rid of it. And I think
Commissioner Henning's recommendation is an excellent one and I
will continue to support it.
CHAIRMAN HENNING: Yeah, I don't want to get away from
input. And it's the reconstitution of a committee, it is not a
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September 23, 2014
disbandment which I think was referred to twice.
Talking to our chief, EMS chief, he talks to the professionals all
the time and gets their input. And in fact I know that speaking to the
East Naples chief and fire commissioners now we have a joint facility
because of that. And decisions are made upon a good input, not
political input, okay. And that's what we need and that's what our staff
needs is good input on how we can serve the public better.
And, you know, we have an award winning department here.
And I don't want others to have control of it. I think it's the public's
asset and the public should have input.
So with that said, let's call the public speakers.
MR. MILLER: You have one registered public speaker. Michael
Murphy.
MR. MURPHY: Honorable Commission and public, my
comments will be in reference to the City of Marco Island and our
service that we provide.
The concern I bring before you today is the concern of the City of
Marco Island --
CHAIRMAN HENNING: You're speaking for the City Council?
MR. MURPHY: I'm speaking on behalf of Marco Island Fire
Rescue, and I've had a discussion with my City Manager.
CHAIRMAN HENNING: Thank you.
MR. MURPHY: And I will bring in my council at the end of it.
The concern I bring before you is concern of the City of Marco
Island Fire Rescue and Marco Island.
Marco Island Fire Rescue has always enjoyed a partnership with
Collier County and EMS. We have walked the walk in the provision
of patient care through all of the good times and bad since I've been
here in 2001. When other departments dropped out, we walked the
walk, we paid attention to what the Medical Director did and wanted
and we've always been a great partner in the delivery of care.
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September 23, 2014
You are about to change this ordinance, or you are looking at
changing this ordinance and you intend on potentially making it a
citizen based ordinance.
I will go back to the original MSAC that was created in the
Eighties or Nineties and the City of Marco Island had a representative
on that MSAC. And I would request that the City of Marco Island
again be given a representative on whatever committee is created that
you determine to be created. It is your ordinance and your advisory
board.
When that committee is created, I would like the City Council of
Marco Island to name its representative that will sit on that board and
represent Marco Island and the citizens and the delivery of care that the
citizens of Marco Island will attain. That is my request. Thank you.
CHAIRMAN HENNING: Thank you.
Any further 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 COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
COMMISSIONER HILLER: Aye.
CHAIRMAN HENNING: Motion carries 4-1, Commissioner
Hiller dissenting.
Next item?
Item #10B
THE BOARD DIRECTS THE COUNTY MANAGER TO REVIEW
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September 23, 2014
AND PROPOSE REVISIONS TO THE COUNTY'S
INVESTMENT POLICY GIVEN THE CURRENT ECONOMIC
CLIMATE AND CHANGES IN STATE LAW WHICH HAVE
OCCURRED SINCE 2002; THAT THE COUNTY ATTORNEY
REVIEW COUNTY ORDINANCE 87-65 AND RESOLUTION 95-
552 (AS AMENDED IN 2002), AND STAFF'S RECOMMENDED
INVESTMENT POLICY MODIFICATIONS TO ENSURE
COMPLIANCE WITH FLA. STAT. 218.415 AND APPLICABLE
LOCAL LAW, SUCH AS THE COUNTY'S PURCHASING
ORDINANCE; AND, THAT THE COUNTY MANAGER AND
COUNTY ATTORNEY JOINTLY REVIEW THE CLERK'S
OPERATIONAL RULES GOVERNING DEPOSITS AND
INVESTMENTS OF COUNTY FUNDS TO ENSURE
CONSISTENCY WITH THE BOARD'S SAFEKEEPING AND
INVESTMENT PLANS AND POLICIES, AND, LOCAL AND
STATE LAW. THAT THE UPDATED INVESTMENT POLICY
BE BROUGHT TO THE BOARD FOR APPROVAL AT THE
FIRST BOARD MEETING IN OCTOBER - MOTION TO
APPROVE AND THE COUNTY MANAGER TO CONSULT
WITH PFM TO REVIEW THE CURRENT POLICY AND BRING
BACK ANY RECOMMENDATIONS TO UPDATING IF NEEDED
BY THE NEXT MEETING IF POSSIBLE — APPROVED
MR. OCHS: Item 10.B is a recommendation that the Board
direct the County Manager review and propose revisions to the
county's investment policy given the economic climate and changes in
state law which have occurred since 2002; that the County Attorney
review County Ordinance 87-65 and resolution 95-552, as amended in
2002; and staffs recommended investment policy modifications to
ensure compliance with Florida Statute 2.08.415 and applicable local
law, such as the county's purchasing ordinance; and that the County
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September 23, 2014
Manager and County Attorney jointly review the Clerk's operational
rules governing deposits and investments of county funds to ensure
consistency with the Board's safekeeping and investment plans and
policies and local and state law; that the updated investment policy be
brought to the Board for approval at the first board meeting in October.
And Commissioner Hiller has placed this item on the agenda.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Yeah. As a result of all this
discussion about our bank depository, you know, the decision to hold
cash as an investment decision, where to hold cash is part of that
investment policy decision-making process.
And it became very obvious to me as I was reviewing the
information that we had available to us that our investment policy,
which has not been updated since 2002, needed updating. And I
remember in the past Commissioner Coyle bringing out questions
about how our surplus funds were being invested and not getting
answers to his satisfaction. So I reviewed the information out there
and felt that it was really incumbent upon us as a Board to direct the
County Manager to do what's in this recommendation as just read by
Leo and to have the County Attorney work with him to bring back an
updated investment policy and amend the ordinance, if necessary, and
to review the rules, the operational rules that the Clerk is operating
under to ensure that they match what our direction is.
I still don't know what the Clerk is doing. I have no idea who he's
using to make investments. I've done a public records request for the
third-party custodial agreements. I have not received responses on
that. I've made a public records request for the internal controls
governing securities; I have not received a response on that.
So I have concerns and I felt it was appropriate for staff to
essentially, you know, update and ensure that everything that is done
will be in conformance with what their recommendation is.
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So with that, I make a motion to accept the recommendation as
read by Leo.
COMMISSIONER COYLE: And I second the motion.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: Maybe the more appropriate -- the
County Manager doesn't have any expertise on investment policy.
However, there is a financial -- fmance committee that I think would
be more appropriate where you have people from county utilities on
there, you have the director and staff members from the fmance
department and the finance director from the Clerk of Courts. That's
my opinion. But that would be a suggestion for a motion.
However, Commissioner Hiller, have you -- you've said you've
done public records request on information on who the financial
adviser is to the --
COMMISSIONER HILLER: No --
CHAIRMAN HENNING: -- Clerk of the Court?
COMMISSIONER HILLER: -- that's not what I said. And staff
can send you the request that I made.
CHAIRMAN HENNING: Pardon me?
COMMISSIONER HILLER: I said staff can send you the
request I made.
CHAIRMAN HENNING: I'm asking a simple question.
COMMISSIONER HILLER: I'll send you the request I made.
I'll pull it up right now.
CHAIRMAN HENNING: We're talking about an issue --
COMMISSIONER HILLER: I talked about the request that I
made is -- I'll read it to you specifically. It was regarding the custodial
accounts. Let me just take a look here.
Actually, Jim, if you don't mind, can you take my iPad and do a
search for the records request that I've made to the Clerk? Look under
my sent files and you can see what was made. And go ahead and pull
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September 23, 2014
it up for us, please, so we can continue this conversation. Thank you so
much, Jim.
CHAIRMAN HENNING: By the way --
COMMISSIONER HILLER: Just what was sent, and it was what
was sent to Dwight.
You can have a seat, thanks.
CHAIRMAN HENNING: The law that's governing the
investments is not the statute that you provide in the -- in your
executive summary, in your backup. Would you like a copy of that?
COMMISSIONER HILLER: I'd be happy to accept anything
you're relying on. But maybe you'd like a copy of what I have.
CHAIRMAN HENNING: Well, I have a copy of what you put in
the record. It's not the Florida statutes governing the investment -- or
investment policy.
COMMISSIONER HILLER: If I may, Commissioner Henning,
it's Section 218.415 and the title is Local Government Investment
Policy, so I do believe it's applicable. If there's anything else that's
applicable, my executive summary specifically provides that the
County Attorney shall pull all applicable state and local laws and
review the policy proposed by staff in accordance with that.
And in response to your statement about the finance committee
deciding policy, we will -- we have a financial adviser on staff who is
under contract -- not on staff, forgive me, under contract with us who
-- is that right, Leo? Who do we have? Who do you have available to
consult with?
MR. OCHS: I believe it's PFM is your consulting --
COMMISSIONER HILLER: On financial matters?
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: So you were intending on going to
talk to PFM to help them -- to have them help you write up the actual
investment policy?
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September 23, 2014
MR. OCHS: To review it, if--
COMMISSIONER HILLER: Sure.
MR. OCHS: -- that's the Board's direction. I think that would be
a logical consulting --
COMMISSIONER HILLER: I'll add that, to have PFM review it.
CHAIRMAN HENNING: Is that an amendment to your motion?
COMMISSIONER HILLER: Yes. Thank you so much.
CHAIRMAN HENNING: Is that the amendment to the second?
COMMISSIONER COYLE: Yes, I'll recognize that amendment.
CHAIRMAN HENNING: Okay. And then I do -- you know, the
annual audits, and I have some in my office, I could show you the
exact language that the auditor reviews the investment and he makes a
statement that is compliant to Florida Statutes 218.415. Every year
over and over and over. So there is an oversight. And if you still have
your audit reports, I'd be glad to highlight that for you.
COMMISSIONER HILLER: No, that's not the issue.
CHAIRMAN HENNING: Well, that was one of the --
COMMISSIONER HILLER: That is one of the issues. I'm not
sure how the auditor can give a legal opinion as to whether or not we're
compliant with the statute. But what I will say is that we are not, and
we will have our County Attorney and our County Manager, assisted
by our financial adviser, update the policy so it addresses those things
that should be considered in a prudent investment policy.
But I guess what I'm hearing you say is you don't want the
investment policy reviewed and updated for the benefit of the
protection of the public's funds is what I'm hearing you say.
CHAIRMAN HENNING: No, I didn't say that at all.
COMMISSIONER HILLER: Okay.
CHAIRMAN HENNING: What I said was, and it actually is in
the Florida Statutes, that a Certified Public Accountant shall look at the
investment.
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September 23, 2014
COMMISSIONER HILLER: Of course.
CHAIRMAN HENNING: And make sure that they're compliant
to any of all laws. And again, that's in -- right here, Commissioner.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: I'll point it out on Page 4 of 5 of the
documents that I gave you. Is right here, number 22, audits. Certificate
of public account in conducting audits, like we do every year, of any
local government pursuant to Florida Statutes 218.39 shall report as
part of the audit on whether or not the unit of local government has
complied to this section.
COMMISSIONER HILLER: Yeah, that's in the statute.
CHAIRMAN HENNING: And that section is 218-415. And it's
in your annual audits every year.
COMMISSIONER HILLER: Well, it's our duty to ensure that it's
updated and compliant.
CHAIRMAN HENNING: So can you respond to the question
about public records that you have --
COMMISSIONER HILLER: Of course. I'll read -- I actually
sent in an earlier public records request. But I'll read you -- I amended
it because I wanted it for a longer period of time.
I said, I'm amending my previous request to the following: All
records relating to the solicitation procurement of the current
investment management of BCC funds of the contract, including but
not limited to the RFP selection committee, tapes, minutes, ranking
schedule, selection committee meeting, public notices, all ranking
notes generated by the Clerk and his appointed selection committee, all
bid protests, email addresses of where the RFP was sent, existing
contracts, et cetera.
So that's what I asked for. And this is regarding the Investment
Management Services contract. And I'm assuming the Clerk has hired
an investment manager. I mean, I believe we invest about, if I
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remember correctly, about $600 million in securities. I hope that when
he is executing the policies that currently exist as previously approved
by the Board that he is using an investment management service
provider to make the decisions how $600 million is being invested.
CHAIRMAN HENNING: So you're assuming that they hired
somebody to give them advice on how they should invest the money.
COMMISSIONER HILLER: I'm asking him to provide me the
contract of who he's using to provide investment management advisory
services or investment services, if you will, simplified.
I think it's pretty clear. I'm assuming nothing. I want what he's
got and he's not producing it. And that's a violation of Sunshine. I
mean, the bottom line is he should be producing it in the time it takes
to pull out of his drawer. That's what the law provides. If he doesn't
have it, then he should respond that he does not have an investment
management service provider. If he's got some other arrangement that,
you know, involves a contract then he should produce that.
CHAIRMAN HENNING: So you're assuming that he has an --
COMMISSIONER HILLER: I assume nothing, sir.
CHAIRMAN HENNING: Okay. You just stated --
COMMISSIONER HILLER: I'm asking the question. I'm asking
for him to produce documents, and he has failed to provide them.
CHAIRMAN HENNING: Have you ever considered calling the
Constitutional officer?
COMMISSIONER HILLER: I'm not required to call anyone. If
I make a records request, I can do it in writing, I can do it orally, and I
don't have to state my reasons for doing so.
CHAIRMAN HENNING: I'm just saying, I thought we were all
supposed to be working together, that's all.
COMMISSIONER HILLER: We are working together.
CHAIRMAN HENNING: Okay.
Who is next? Sorry I missed it. Commissioner Coyle.
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September 23, 2014
COMMISSIONER HILLER: The problem is he's not being
responsive and the law requires him to be responsive. My staff--
CHAIRMAN HENNING: Are you done?
COMMISSIONER HILLER: Our staff doesn't even know.
CHAIRMAN HENNING: Are you done? Are you complete?
COMMISSIONER HILLER: Thank you, yes.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: I view this as a request for
information. It doesn't specify any particular actions that would be
taken, and I think it's fair that we get this information so that we can
determine if the investment policy needs to be changed. And the
request for information I think is relatively simple. But it appears not
to be. Because when I made this request probably six years ago, rather
than having the person who is responsible for making the trades for our
investment instruments, we got a presentation by Mr. Brock's professor
from Florida State University, which was totally irrelevant.
I think it is important that we know who it is that is executing
these trades, what policies have they been given, are those policies
consistent with the policy that we have created, how was that person
selected. Was there a competitive process? And how is that person
compensated? How much money is being paid for, for this service?
We need -- in fact, we should have all of this information. And if
it exists, I have never seen it. And I would appreciate it if someone
could enlighten me if such information has ever been provided.
But rather than getting into an argument about this, I think that
just asking for the information, not making any accusations at all, I
could be entirely mistaken concerning this, but I would like to see this
information. And I have asked for it before and it's never been
provided to my satisfaction.
But that's the reason I'm supporting this. It's a simple request for
information. I see that it does no harm. It could do a lot of good for all
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of us. And I think it's worth the effort to get it.
CHAIRMAN HENNING: Okay. Commissioner Nance?
COMMISSIONER NANCE: Yes. Well, I think we're down
crawling around in the weeds on this issue. I think we've got a little bit
of debate mediated paralysis on going forward on some of the basic
things that we'd like to do.
I certainly can support review of the investment policy. I don't
particularly relish an agenda item which calls for a new policy to be
brought forward unless and until our professionals that's supposed to
be managing this on a daily basis indicate there's been a problem.
So I can certainly support a motion for the County Manager and
the staff that he has and consultants that he might have working
together with the County Attorney and the Clerk to take a look at it and
bring back an analysis to see if our policy is adequate. And, you know,
then we can go forward if people would like to go ahead and debate
and discuss to their own pleasure whether that policy is being
instituted. I think that's a separate and distinct thing from what I see
this recommendation as being.
So if it -- you know, if it just requests that they come back with
some recommendations and discuss what it is that we need to do or
should do in their opinion, then I can support it. If it's something other
than that, I don't know where we're going to go.
CHAIRMAN HENNING: That's what I understand the motion
is. And I can definitely support that. However, I will allow the motion
maker to clarify her motion.
Commissioner Hiller?
COMMISSIONER HILLER: Yeah, thank you.
Before I do that, I'd like to --
CHAIRMAN HENNING: Well, wait a minute, let me go back to
Commissioner Nance if you're wanting to go off.
Commissioner Nance, do you have anything else?
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COMMISSIONER NANCE: No, sir, I'm trying to frame one
thing at a time and get one issue dealt with at a time. And I thought
that this recommendation was concerning the county's investment
policy and how we could or should update it --
COMMISSIONER HILLER: That is correct.
COMMISSIONER NANCE: -- based on everybody working
together.
COMMISSIONER HILLER: Correct.
COMMISSIONER NANCE: I don't see the Clerk on this list.
COMMISSIONER HILLER: Well, this -- and let me explain
why. The Clerk's role is to execute the county's policy. There's a
division of functions there. The Clerk's role is compromised if he's
involved in formulating the policy. His role as a matter of law is
ministerial. It's the Board's role to develop policy. You know, staff
will solicit whatever information, whatever factual information it needs
in order to properly develop this policy. But it isn't the Clerk's role to
be involved in policy making, and it would be improper for him to be
involved.
COMMISSIONER NANCE: Commissioner Hiller, I disagree. I
think that since it's the Clerk that has to put it into operation, that's like
saying your division of administration of the county should never talk
to operations because it's a conflict of interest. That's ridiculous.
COMMISSIONER HILLER: But the Clerk --
COMMISSIONER NANCE: Certainly the people that put rules
into effect and have to manage and use those rules should have an
opportunity to comment on whether they're realistic or even efficient
and functional. So I disagree, I don't see any reason why the Clerk
shouldn't participate in this discussion, because everybody has to work
together. And if we start separating people because there's some
perception that somebody is doing a bad job or it's improper, I think
that's all philosophical I don't think it's real.
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COMMISSIONER HILLER: It's not. The role of the Clerk is
operational. And, you know, the decision whether or not we are going
to accept compensating balances, the decision, you know, whether or
not we'll accept AA or AAA collateral, the decision whether or not,
you know, we want to have our securities held in the same institution
that's our initial depository or have third-party custodial arrangements
are policy decisions that go to for example risk diversification, things
like that. If I may continue.
Once this is brought forward, once the Board has decided on a
policy, if there is something in the policy that allows for
impracticability in terms of operational implementation then, you
know, by all means the Clerk can weigh in and say, well, you know,
operationally this is problematic because.
But the initial decision as to what the policy should be and what is
in the best interest of the public with respect to safeguarding the
public's funds should be a decision that is decided by the Board of
County Commissioners with staffs input from our financial advisers.
You know, there's -- look, you know, you can split hairs on this
and you can certainly vote against me. I don't have a problem if you
want to do that. Because you say if the Clerk is not involved I don't
think we should update the policies. I mean, that's your prerogative to
do that. But I believe your --
COMMISSIONER NANCE: Ma'am, that's not what I'm
suggesting --
COMMISSIONER HILLER: It is.
COMMISSIONER NANCE: I'm suggesting that this --
COMMISSIONER HILLER: And that's fine.
COMMISSIONER NANCE: No, I'm suggesting that the process
would be improved from the onset if all the parties involved were
functioning together. That's all I'm saying. I'm not saying that the
Clerk should weigh in on parts of the policy that don't pertain to his
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role.
CHAIRMAN HENNING: Let's clarify the motion.
COMMISSIONER HILLER: The motion is as its written, which
is that the Board direct the County Manager review and propose
revisions to the county's investment policy given the current economic
climate and changes in state law which have occurred since 2002; that
the County Attorney review County Ordinance 87-65 and Resolution
95-552, as amended, in 2002 and staffs recommended investment
policy modifications, to ensure compliance with Florida Statute
218.415 and applicable local laws such as the county's purchasing
ordinance; and that the County Manager and County Attorney jointly
review the Clerk's operational rules governing deposits and
investments of county funds to ensure consistency with the Board's
safekeeping and investment plans and policies and local and state law;
and that the updated investment policy be brought to the Board for
approval at the first Board meeting in October. With one modification
to what I just read and that is that the County Manager seek out the
assistance of our financial adviser. What is the name of the company?
MR. OCHS: PFM.
COMMISSIONER HILLER: PFM, to ensure that everything
that, you know, the statutes say we should contemplate in our policy
are properly contemplated.
Obviously -- and the objective is is that our policy as the law is
written should -- and I'm not adding this to the motion, I'm just reading
this for clarification so that everybody understands. I don't have the
ordinance in front of me -- I'm sorry, the statute in front of me. Oh,
here it is. That the priorities in our policies shall be structured -- and
this is what the statute says, 218.415, that such policies will be
structured to place the highest priority on the safety of principal and
the liquidity of funds; and that with respect to investment objectives
which is in Section II, that the investment objective shall include safety
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of capital, liquidity of funds and investment income, in that order.
CHAIRMAN HENNING: Here it is right here, 405.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: Okay. Commissioner -- who was
next?
COMMISSIONER FIALA: Coyle.
CHAIRMAN HENNING: Coyle, then Commissioner Fiala.
COMMISSIONER COYLE: Okay, I'll go first again.
CHAIRMAN HENNING: You're almost last.
COMMISSIONER COYLE: Yeah, I know.
But once again, I'd just like to emphasize that there is no policy
decision being made at this point in time.
COMMISSIONER HILLER: Correct.
COMMISSIONER COYLE: This is purely a request for
information to be gathered by the County Manager who will obviously
have to make requests of the Clerk to get some of the information.
And then only after we have the facts do we have something come
back that we can debate about policy.
COMMISSIONER HILLER: Correct.
COMMISSIONER COYLE: We're not making a policy decision
at this point in time. So I don't see anything wrong with the motion as
it is currently structured and I'll continue to second it and support it. It
is just very simply a request for information and analysis to determine
if we need to make any changes in investment policy or procedures.
That's really all --
COMMISSIONER NANCE: Commissioner Coyle, am I reading
this wrong here? The last line says that the updated investment policy
be brought to the Board for approval at the first board meeting in
October. That means all this has got to be done by next Wednesday.
How is that going to happen?
COMMISSIONER COYLE: County Manager has weekends.
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How many weekends do you have before that point in time?
COMMISSIONER NANCE: If it's this important to say this has
got to be done by next Wednesday, I think it's preposterous.
COMMISSIONER COYLE: How about you say as soon as
possible, and let it go --
COMMISSIONER NANCE: It's a request for information. This
is a suggestion that this policy be brought for a vote of approval at the
next meeting. That's what this says here.
COMMISSIONER HILLER: That is correct.
COMMISSIONER COYLE: That's the County Manager's
recommendations as a result of his analysis. He might recommend that
there be no update to the policy. There cannot be any conclusion about
the investment policy until you gather the information. There just can't
be any. And that we try and debate that now is really not --
CHAIRMAN HENNING: Let me clarify your second motion.
COMMISSIONER COYLE: Okay.
CHAIRMAN HENNING: And that's for the County Manager to
come back when he has the information.
COMMISSIONER COYLE: Well, that might be -- you've got to
set a time limit for it.
CHAIRMAN HENNING: Well, right now it's October 8th.
COMMISSIONER HILLER: I spoke to the County Manager and
CHAIRMAN HENNING: Well, hang on, hang on.
COMMISSIONER HILLER: It's my motion.
COMMISSIONER COYLE: Let me ask the County Manager.
Can you do this by the next meeting?
MR. OCHS: I don't know, sir. I really don't know if I'll be able
to pull the consultant in and consult internally and have it all in the
printed agenda by the next meeting. I will do my best if that's what the
Board directs.
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COMMISSIONER COYLE: Why don't you do your best and
then if you can't do it notify us and then we'll give you another couple
of days.
CHAIRMAN HENNING: Is that the amendment to your second
motion -- or motion seconded?
COMMISSIONER COYLE: I'll defer to --
COMMISSIONER HILLER: And that was -- if I may, I spoke to
the County Manager and asked him whether this was doable, and he
said exactly what he's saying now, that he will do his best, that it's
possible, but that if more time was necessary he would come back to
the Board and ask for an extension of time, which obviously I would
bring forward. The --
CHAIRMAN HENNING: Wait a minute --
COMMISSIONER HILLER: The motion stays as it is. And then
what's going to happen is the County Manager, if he needs more time,
can come back and ask for an extension.
CHAIRMAN HENNING: Is that a second to your -- or is that
amendment to your motion if the County Manager cannot come back
by the 8th he will notify the Board that he cannot pull the information
together in time enough for the --
COMMISSIONER HILLER: I will amend to add that in
addition.
CHAIRMAN HENNING: That's all I was asking. Holy crow.
Is that acceptable to the second?
COMMISSIONER COYLE: I will buy it with the addition that --
or the admonition that if he comes back and asks for an extension, he
will bear the fury of at least two commissioners.
MR. OCHS: That's why my evaluation's the next item, sir.
COMMISSIONER COYLE: I'll give you a really bad evaluation
next time.
CHAIRMAN HENNING: Anything else, Commissioner Coyle?
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September 23, 2014
COMMISSIONER COYLE: No, that's it.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes, I just wanted to say it's always
healthy to take a good look at where you are. We haven't adjusted
anything since, what did I hear, 2002?
COMMISSIONER HILLER: 2002.
COMMISSIONER FIALA: And it's always good to go back and
take a second look at what we're doing, especially when it comes to
investing, and to review our present policy and seek additional
information and then present it all to the Board to then consider. So
I'm in for this one. I think it's good.
CHAIRMAN HENNING: Okay, I guess we're going to keep on
debating. You know, when there's a motion and a second on the floor,
the discussion from then on should be the motion.
So is there any more discussion on the motion?
(No response.)
CHAIRMAN HENNING: Commissioner Hiller, is there any
more discussion on the motion.
COMMISSIONER HILLER: No, but I do have a comment that
CHAIRMAN HENNING: Commissioner Nance, is there any --
COMMISSIONER NANCE: No, sir.
CHAIRMAN HENNING: Okay, we're going to vote on the
motion.
All in favor of the motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
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September 23, 2014
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Now, we're going to take a lunch break at noon --
COMMISSIONER HILLER: I have --
CHAIRMAN HENNING: -- if you want to continue the
conversation.
COMMISSIONER HILLER: I just have one thing, one question.
CHAIRMAN HENNING: But I think that we can get other
business done. We have public sitting here.
COMMISSIONER HILLER: I have a question.
CHAIRMAN HENNING: So what is the next item?
COMMISSIONER HILLER: No, I'm sorry, Commissioner
Henning, I reserved to put forward my question after the vote. I could
have done it before but I'm going to ask a question.
Crystal, can you help me out? Who is doing the trades for the
Clerk's Office?
MS. KINZEL: Commissioner, that's a long-term employee of the
Clerk's Office. He's been with us for over 20 years.
COMMISSIONER HILLER: What's his name?
MS. KINZEL: John Kannengeiser.
COMMISSIONER HILLER: And he does all the trades for the
Clerk's Office --
MS. KINZEL: Yes, ma'am.
COMMISSIONER HILLER: -- on behalf of the Board?
MS. KINZEL: Yes, ma'am.
COMMISSIONER HILLER: Is he under contract?
MS. KINZEL: No, ma'am, he's an employee of the Clerk of
Courts.
CHAIRMAN HENNING: And see, if you would have asked the
Clerk that question --
COMMISSIONER HILLER: Let me -- if you don't mind, I'm in
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the middle of asking Crystal some questions.
So you do not have an outside investment advisory firm that is
managing the trades of the securities of the county?
MS. KINZEL: No, Commissioner Hiller, we use an internal
employee who has expertise in that area and has handled the county's
trades for 20 years.
COMMISSIONER HILLER: So you don't have any contracts
with any other organizations for the security trading?
CHAIRMAN HENNING: She answered that question already.
MS. KINZEL: No, ma'am, we do not.
COMMISSIONER HILLER: Is he licensed to trade in the State
of Florida?
MS. KINZEL: No.
COMMISSIONER HILLER: Where is he licensed to trade?
MS. KINZEL: He executes the trades through a bid process. He
does not do trades.
COMMISSIONER HILLER: Where is he -- is he licensed to
trade anywhere?
MS. KINZEL: I do not believe so.
COMMISSIONER COYLE: Where does he live?
COMMISSIONER HILLER: Where does he live?
MS. KINZEL: I believe in Arizona.
COMMISSIONER HILLER: Is he currently living in Arizona
but he's on the Clerk's payroll?
MS. KINZEL: Yes, ma'am.
COMMISSIONER HILLER: Thank you.
MS. KINZEL: And communicates with us regularly regarding all
the cash and assets. We have cash management employees in our
office that communicate regarding the balances and the investment
protocols, so --
COMMISSIONER HILLER: And I'd like to make a records
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request for his employee file. Thank you.
CHAIRMAN HENNING: Okay, yeah, I don't think we should
take the next item, because I can see this is going to be debated
forever. So it's nonsensical on --
COMMISSIONER COYLE: What is the next item?
COMMISSIONER FIALA: Accept into the official record the
attached banking services document.
COMMISSIONER HILLER: And there is no vote on this. It's
just for informational purposes. Any Commissioner can put anything
they want. It was improperly uploaded.
CHAIRMAN HENNING: And that's why it's going to be
debated, because she's wrong again.
COMMISSIONER HILLER: County Attorney, is --
CHAIRMAN HENNING: So let's go to the Item 11.B.
Item #11B
ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY
MANAGER - REPORT ACCEPTED
MR. OCHS: Yes, sir, 11.B is a recommendation to -- for the
Board to complete the annual performance appraisal for the County
Manager. As the Board knows, the contract with the County Manager
requires an annual review by the Board of County Commissioners.
That review has been conducted by the Commission.
I appreciate the thorough and careful review and the constructive
criticism and advice. And the aggregate score was 2.49 on a one to
three scale. And I stand ready if the Board has any additional
questions or would like to discuss it.
CHAIRMAN HENNING: There's no action on this item; is that
correct?
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September 23, 2014
MR. OCHS: No, sir.
COMMISSIONER COYLE: I suggest it be continued until your
response for 10.B comes back.
COMMISSIONER HILLER: Actually, it would be the County
Attorney, so we have to worry about his contract, not Leo's.
COMMISSIONER COYLE: That would be both of them.
Item #11C
THE BOARD OF COUNTY COMMISSIONERS EXTEND THE
COUNTY MANAGER EMPLOYMENT AGREEMENT WITH
LEO E. OCHS, JR., FIXING THE END DATE OF THE SECOND
EXTENSION TERM AS SEPTEMBER 30, 2017 — APPROVED
CHAIRMAN HENNING: Okay, next item is recommendation
that the Board of Commissioners extend the County Manager's
employment agreement with Leo Ochs, fixing the end date of the
second extension term of September 30th, 2017.
COMMISSIONER HILLER: Motion to approve.
COMMISSIONER NANCE: Second.
CHAIRMAN HENNING: There's a motion to approve by
Commissioner Hiller, second by Commissioner Nance.
Discussion on the motion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
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September 23, 2014
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Let's wait. I don't see a lot of public here. Let's wait on item 12 --
well, 12.A, I guess we can do 12.A.
Item #12A
THE MEDIATED SETTLEMENT AGREEMENT FOR THE
PAYMENT OF A GLOBAL SETTLEMENT OF $3,145,000 FOR
THE TAKING OF PARCEL 120FEE IN THE CASE STYLED
COLLIER COUNTY V. NEW PLAN FLORIDA HOLDINGS, LLC
FOR THE IMPROVEMENTS TO THE INTERSECTION OF
COLLIER BOULEVARD (C.R. 951) AND US 41 — APPROVED
MR. OCHS: Yes, sir.
MR. KLATZKOW: You want a presentation, sir?
CHAIRMAN HENNING: Just a brief description. Well, let's
read the item. Recommendation to approve a mediated settlement
agreement for the payment of a global settlement of$3,145,000 for the
taking of parcel 120FEE in the case styled Collier County versus New
Plan Florida Holdings, LLC for the improvements of the intersection
of Collier Boulevard and U.S. 41. Fiscal impact is $2,041,170.
MR. KLATZKOW: Commissioners, this is part of the road
project we have for widening of the intersection of Collier Boulevard
and 41. The cleared area is the area that is before taking.
They were going to an approved Site Development Plan, put up a
post office building and parking lot. This is what we took: Pretty
much the entire office building and about a third of the parking lot.
The portion of the taking along Collier Boulevard was to widen
the turn lanes and a portion of it that took care of the parking lot is for
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a retention pond.
One of the issues is with the turning lanes here, whether or not
they would have adequate access off of Collier Boulevard onto the
remainder of the property.
And that's an aerial of the property with the two takings.
The takings are the majority of the property, slightly, as far as
acreage goes, leaving them with far less to develop.
Staff believes that the compensation offered is appropriate, given
the cost of trial and potential outcomes and it believes that the
recommendation to the Board is in the public's best interest.
CHAIRMAN HENNING: Okay, questions?
(No response.)
CHAIRMAN HENNING: Seeing none, entertain a motion.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER NANCE: Second.
CHAIRMAN HENNING: Motion by Commissioner Fiala to
accept this settlement agreement. Second by Commissioner Nance.
Discussion on the motion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries 4-1 (sic),
Commissioner Coyle absent.
Item #12C
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September 23, 2014
THE ANNUAL PERFORMANCE APPRAISAL FOR THE
COUNTY ATTORNEY - REPORT ACCEPTED
CHAIRMAN HENNING: Item 12.C, annual performance for the
County Attorney.
Any comments?
(No response.)
CHAIRMAN HENNING: None?
MR. KLATZKOW: I am here to answer questions.
CHAIRMAN HENNING: I don't think we need to approve that.
I mean, just kind of a report --
MR. KLATZKOW: It's a report, yes. You're accepting the report
is what it is.
CHAIRMAN HENNING: Yeah.
Item #12D
THE BOARD OF COUNTY COMMISSIONERS EXTENDS THE
COUNTY ATTORNEY EMPLOYMENT AGREEMENT TO
SEPTEMBER 30, 2017 — APPROVED
Next one is 12.D, recommendation (sic) the Board of
Commissioners extend the County Attorney's employment agreement
'til September 30th, 2017.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER HILLER: Second.
CHAIRMAN HENNING: Motion by Commissioner Fiala,
seconded by Commissioner Hiller.
Discussion on the motion?
(No response.)
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September 23, 2014
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
We're going to take a lunch break and be back at 1:00.
MR. KLATZKOW: Thank you.
COMMISSIONER FIALA: We've got bankers sitting here all
day. Will we be addressing that when we get back first, or what?
CHAIRMAN HENNING: What's your pleasure? We have a 1:00
time certain, Commissioner. Do you want to do that after?
COMMISSIONER FIALA: I can't even remember what the 1:00
is about.
CHAIRMAN HENNING: Well, the 1:00 is about Platt Road?
MR. OCHS: Platt Road.
CHAIRMAN HENNING: Did you want to do the banking item
after that?
COMMISSIONER FIALA: Well, okay. I just felt sorry for them
sitting here all day. But isn't it entertaining?
CHAIRMAN HENNING: Does anybody have any objections to
that?
(No response.)
CHAIRMAN HENNING: So we're going to take item -- the
Clerk's item after the Platt Road item.
MR. OCHS: Okay.
MR. KLATZKOW: Commissioners, just as a public
announcement, we have a number of people registered for public
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comment, but my understanding is their comments are related to 12.B,
and I think that's the more appropriate, rather than doing it twice when
they come back for public comment, to simply have what they have to
say on 12.B.
CHAIRMAN HENNING: Yes.
MR. MILLER: I will double check, but the exception, just off
memory, the exception of one name in here, everyone that has
registered for public comment has also registered for Item 12.B.
CHAIRMAN HENNING: Okay. All right, well, when they
come back we'll straighten it out and have a wonderful joyous meeting
after that. We're on break.
(Luncheon recess.)
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN HENNING: We have a time certain.
MR. OCHS: Yes, we do, sir. That is Item 11.A. And I believe
before the Board broke for recess, the Board also said they were going
to hear Item 13.A immediately after 11.A; is that correct?
CHAIRMAN HENNING: That's correct.
MR. OCHS: And then --
CHAIRMAN HENNING: Then we'll go from there.
Item #1 1 A
AUTHORIZE ADVERTISING AN ORDINANCE CREATING
THE PLATT ROAD IMPROVEMENT MUNICIPAL SERVICE
TAXING UNIT TO FUND AND LEVY NOT TO EXCEED THREE
MILLS OF AD VALOREM TAXES PER YEAR TO REIMBURSE
THE COUNTY $10,500 FOR EMERGENCY ROADWAY
IMPROVEMENTS MADE TO PLATT ROAD - MOTION TO
DELAY ADVERTISING AND FOR STAFF TO WORK WITH
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RESIDENTS TO DEVISE A POSSIBLE ALTERNATIVE
SOLUTION AND PAYMENT PLAN — APPROVED
MR. OCHS: Okay. Item 11.A is a recommendation to authorize
advertising an ordinance creating the Platt Road improvement
Municipal Service Taxing Unit to fund and levy not to exceed three
mills of ad valorem taxes per year to reimburse the county $10,500 for
emergency roadway improvements made to Platt Road.
Ms. Michelle Arnold, your Alternative Transportation Modes
Director, will begin the presentation.
COMMISSIONER NANCE: Mr. Chairman, I'd like -- with the
permission of the Board, I'd like to make a few introductory remarks
on this agenda item, because I think it's going to be a little perhaps
nontraditional.
CHAIRMAN HENNING: Okay. You mean your remarks are
going to be nontraditional?
COMMISSIONER NANCE: No, my remarks are going to be
very traditional, but the item might be a little nontraditional.
This item came forward, and basically as all of you realize by
reading the backup material, as a forced MSTU to repay a little more
than $10,000 for work that was done to maintain private roads.
And during my discussion with the community, actually the
greater community, much larger than the immediate Platt Road area,
because up in the Corkscrew Island neighborhood area, as well as
numerous other regions in the county, we have large communities of
low density that are privately owned properties where people are
responsible for maintaining their roads. And these are -- there's a lot of
areas there where the ownership of the road is various and sundry. The
county typically doesn't own many right-of-ways if any and the county
does no work.
And of course these areas in the rural residential parts of the
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county and the agricultural parts of the county, the condition of those
roads suffered greatly during the recession, because people just did not
have any money to spend towards maintenance of those roads.
With last year's heavy rains, it created some emergency
conditions where first responders, primarily Big Corkscrew Island Fire
and Rescue District, had a difficulty responding to crises, health crises
and calls, and so it's precipitated this agenda item.
I would like to have Michele introduce the items just to remind
you of where we are on this. But what I would like to do is in the
course of discussing this item, I would like to make a motion that this
recommendation be continued for a period of two years to allow the
county to assess a community proposal that's coming forth. And the
community proposal will be to address this Platt Road area and indeed
a larger area.
So if that pleases the Board, I think we're going to have a pretty
interesting discussion.
CHAIRMAN HENNING: Okay.
MS. ARNOLD: For the record, Michelle Arnold.
Commissioner Nance gave you an introduction of why we are
here. And on September 24th the Board passed a resolution which
established a procedure where public funds could be utilized to make
emergency repairs on private roadways; more specifically so that those
roadways could be passable for emergency vehicles.
On that same date the Board also passed a resolution specifically
to address Platt Road, because of the concerns that were raised of that
condition of that particular road.
Within the resolution and the procedure that was established, it
directed the County Manager to take action to make the minimum
repairs to make the road passable. It also directed that the County
Manager send out letters to property owners to advise them of their
responsibility to create a voluntary MSTU for the purposes of
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maintaining a road. It further noted that should the property owners
not voluntarily create the MSTU, that the Board should have that
ability to involuntarily create one for the community.
The MSTU also would be utilized, if one was created, to repay
any funds that were utilized to do repairs on the roadway.
On September 25th the county did do repairs, and those repairs
came out to about $10,500. My department did send letters out to the
property owners advising them of the cost and the process that has
been established for the -- by the Board of County Commissioners.
At this point we have not had an interest from the community.
My staff has been working with them. They are working very hard to
avoid the need for the county to do additional -- expend additional
funding, because they're taking it upon themselves to voluntarily
collect funds amongst themselves and do the repairs.
My staff has gone out and been monitoring the area, Platt Road,
as well as the other roadways, and they have been maintained by the
community, more specifically the Big Cypress neighborhood district.
You are going to hear from representatives from that
neighborhood association today to identify what it is specifically that
they've done and they're going to present to you a proposal.
We are just here today, staff, that is, to follow through with the
policy that has been established by the Board. And if you also choose
to fulfill that policy, establish an MSTU mainly for the purposes of
repaying the monies expended by the Board.
At this point I turn it over to the public speakers, or if you all have
any questions of me, I'd be happy to answer those questions.
CHAIRMAN HENNING: Questions by the Board or staff?
(No response.)
CHAIRMAN HENNING: Seeing none, let's go to public
speakers.
MR. MILLER: Mr. Chairman, I have six registered public
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speakers. Four speakers have ceded additional time to Doug Wilson,
who will have a total of 15 minutes.
CHAIRMAN HENNING: Okay. I guess we'll start off with Mr.
Wilson, and then who else after that?
MR. MILLER: And then Mr. Wilson. And after his 15 minutes
will be followed by Chief Rita Greenberg. And that basically is all of
them then.
CHAIRMAN HENNING: All right, thank you.
Mr. Wilson?
MR. WILSON: Thank you, Mr. Chairman. I am the secretary of
the Corkscrew Island Neighborhood Association, which is our
association that covers the affected area here.
As you have seen in your materials, it's about seven square miles
up around the curve of Immokalee Road as it approaches Sanctuary
Road. And we've got about 200 families or so out there.
And I approach you today feeling that this is really a good news
story. What started out as a problem, Chief Greenberg encountered
some difficulties in accessing a home along Platt Road because it was
in such bad shape that the emergency vehicles couldn't get there. And
that led to a further discussion about what the county wanted to do
long term in terms of the MSTU, and there were various options
discussed which included an MSTU that would cover our whole
neighborhood association service area. And this stimulated a lot of
discussion among our residents.
Now, as you may know, our residents out there are east of 951,
they're sort of independent folks, and they are great believers in the
Jeffersonian ideal that government is best which governs least. And so
they wanted to take the bull by the horns and treat this as an
encouragement to set about fixing the problem ourselves.
And we have come a long way with that. We have a map and the
materials which I think you've seen before, but -- this map displays the
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roads involved. The black places on the map are the ones that were the
worst. The Platt Road segment was one of the first ones that was
addressed.
The county, as reported, went out with its repair effort and spread
some rock. Now, the rock was kind of rough. I have a photo I'm
going to show you in a minute, it's also on your materials. You may
have seen it on the page with the Platt Road photos. The ones with all
the rocks, that's where the county laid its rocks down.
Well, our people came along after that and got some fill dirt, put
it on top of the rocks, made the road even better. And that's pretty
much what happened on all of the bad segments in our area.
As we kept discussing this, we learned, for example, that there are
half a dozen people, three of them are in this room, who have taken
responsibility to go out and without telling anybody use their own
equipment to improve and fix the roads when the erosion set in.
We have now identified most of the people that have done that
voluntarily. And while some of the early repair efforts were geared
through our association to fix particular problem spots, looking ahead
in the future our intention is to coordinate with all of those people who
have volunteered so far and encourage the property owners around
them to help them keep those roads in repair.
In short we are now monitoring all of the roads out there. As of
today they are all passable. Most of them are highly passable. I want
to brag a little bit more and even though they're in your materials show
you just an example or two of what the roads look like.
I won't put all the photos up, but they all look about like this.
They're flat, they're even, they have good fill dirt on them, and they are
excellent -- in excellent condition for unpaved roads.
Our association, which we call CINA, C-I-N-A, CINA has
adopted a formal policy to coordinate among our neighbors out there.
And one of the things that I'm in the process of doing now, though it
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may not bring fruition, but I think there may be some grant funds out
there to supplement our private donations. There have been substantial
private donations from the property owners in addition to the in-kind
contributions of equipment. We also have a neighbor out there who
has some --
CHAIRMAN HENNING: Mr. Wilson, hang on. Somebody --
somebody want to have a conversation on the phone?
MR. BEYRENT: I was president of the amalgamated sign
holders.
CHAIRMAN HENNING: Can you silence your phone, sir?
MR. BEYRENT: I did, actually. I don't know what the hell's the
matter with it. I apologize for that, by the way.
CHAIRMAN HENNING: I'm sorry, Mr. Wilson.
MR. WILSON: We have a neighbor who has scientific
background and has told us about some materials that are available that
help retard erosion. Now, they're kind of expensive, but compared to
the cost of maintaining the consequences of erosion, it looks
promising.
So we're studying all of these things. The neighborhood is
actively involved. And this is a very good outcome from the initial
crisis -- it wasn't a great crisis, but it was a small neighborhood crisis,
that caused the expenditure of county funds.
And in that regard we are hopeful that the county will regard that
expenditure, which is made on an emergency basis, as just another
emergency that it needed to attend to at the time, and regard it as an
investment in what is a very positive program going forward. And not
bothering to go ahead with the MSTU.
There may come a time some day in the long distant future when
if our program doesn't work you may need to revisit the MSTU. We
don't think that's likely in the foreseeable future. Our neighbors are
together on this, we've done a great job, we'd like your support for the
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idea of going ahead.
CHAIRMAN HENNING: I'm sorry, the idea -- Mr. Wilson, the
idea of what?
MR. WILSON: The idea of going ahead on our basis, on a
volunteer basis under the overall supervision of our association and not
imposing the MSTU or asking the Platt Road residents to pay the
money back.
CHAIRMAN HENNING: Okay. So you want a gift of-- you
want us to waive the 10,500?
MR. WILSON: Yes, sir.
CHAIRMAN HENNING: Okay. Understand. Thank you.
MR. WILSON: Any questions?
CHAIRMAN HENNING: Any questions?
Commissioner Fiala?
COMMISSIONER FIALA: You also wanted to -- you didn't
want to create an MSTU, you wanted to do this on your own.
MR. WILSON: That's correct.
COMMISSIONER FIALA: Yes. That's what I understood.
There's nothing that unites a community more than everybody working
together for the benefit of each other. Sounds nice.
MR. WILSON: Thank you.
CHAIRMAN HENNING: Thank you.
MR. MILLER: Mr. Chairman, your next public speaker is Chief
Rita Greenberg.
CHIEF GREENBERG: Good afternoon, Commissioners. Chief
Rita Greenberg for the record.
I just want to let you know as the fire chief of the Big Corkscrew
Island Fire Control District which serves the CINA neighborhood that
they have complied with the things that Mr. Wilson just spoke to you
about. The roads are passable, they've been passable since this event
occurred. And I just wanted you to be aware that the community has
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done -- created that bonding. I get a monthly report on what roads
they're working on, what they plan to do next. We evaluate the roads
after the heavy storms. We've just had some recently that caused some
minor flooding in the Corkscrew total fire district, and we went out and
evaluated the roads and they were in good shape, they were all
passable. And to that end, I just want you to give consideration to their
request.
CHAIRMAN HENNING: That's a legal question I think that
needs to be answered. Can we expend public monies on private
property? I think that's the issue, you know, waiving this. Maybe the
fire department will pay for it.
MR. KLATZKOW: The process we put together is the
appropriate process, which is that we'll upfront the money and then
we'll be get paid back.
CHAIRMAN HENNING: Can we forgive what we did and --
MR. KLATZKOW: I think the more prudent thing would be to
get the money back. Can I tell you you can forgive? No I can't tell
you you can forgive. But the next time this issue comes up where a
community is asking for a payment in advance, we either have a
process or we don't.
Now, I understand that Commissioner Nance wants to come
forward with a different process. Perhaps that will help with these
issues.
CHAIRMAN HENNING: Who's next? Commissioner Fiala,
Commissioner Coyle, Commissioner Nance.
COMMISSIONER FIALA: I already spoke.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: I have sort of the same question.
I'm concerned about the precedent it establishes. I don't really feel
strongly about how they do it. If it's -- if they don't want a mandatory
fund collection and they're willing to collect the funds voluntarily, I
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would be happy to enter into an agreement that would specify the
amount that they would pay back each year. But just waiving the
expenditure of the funds creates a precedent that I'm afraid will work
to the disadvantage of the people of Collier County.
As the county attorney has said, we don't normally do this. So I
would like to hear how we're going to get the money back in a way
that has the least impact upon the residents there.
CHAIRMAN HENNING: And I think Commissioner Nance is
going to answer that.
COMMISSIONER NANCE: What I'm -- what -- members of the
Board, what I'm trying to start a discussion on, and what I'd like to do
is I would like to see the county enter into some sort of a
Memorandum of Understanding with this community organization.
And let me tell you why. This is only one circumstance.
Mr. Wilson, could you put that map up of the Corkscrew Island
neighborhood? I'd just like to point out one thing to the
Commissioners here. I'm going to try to use this laser without blinding
our County Attorney over here, but I want to point something out on
this map over here. Shows the whole Corkscrew Island neighborhood.
The MSTU that we're talking about establishing is on this road
only right along here. And it extends from about here to here. The area
that is covered by the proposal of CINA is this entire everything you're
seeing on this map. So if we create an MSTU, we're going to be
creating an MSTU just for this little strip of road down here, and you're
going to have I don't know how many participants in it but it's going to
be a little piddly MSTU.
There are requests like this in neighborhoods all over rural Collier
County. I've had three or four more. Mr. Sells has been approached
numerous times. I'm afraid that what we're going to get into is we're
going to get into a situation where we're creating MSTUs to get paid
back emergency money, which is fine, and it's very equitable and
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meets all the requirements and the questions Commissioner Coyle and
Commissioner Henning have raised, but we're not going to be solving
the problem.
And the fact of the matter is the county is going to have great
liability to continue to have all sorts of little piddly MSTUs and we're
not going to solve the problem, we're going to continue to create these
MSTUs in response to a crisis. In other words, you're not going to be
able to rescue somebody, Chief Greenberg or one of the other fire
districts is going to have damaged equipment, we're going to have
incident, we're going to have some liability or something and we're
going to stumble, fumble and fall forward with this methodology.
I'm reaching out -- I worked very closely with CINA in a couple
of meetings, and there were some very contentious meetings, but I
think we got a proposal that's included in here that is the basis from a
Memorandum of Understanding that can be a model for some of these
other areas to get the county to work with some of these community
areas to not only get the roads fixed but to have information provided
to the county at no cost that assures them that things are being taken
care of and that our first responders can do what they need to do.
So I don't have all the answers to this. I think it's a worthy request.
I think that the county will more than get its monies worth back, if it
gets a Memorandum of Understanding for those seven square miles
right there. That will take a burden off of a lot of people, including,
you know, our first responders first and of course the responsibility of
the county. If our MSTU administrators get that information on a
semi-annual or annual basis brought to the Board to assure them that
this has taken place, this could be a very creative solution to a very
longstanding problem. And I don't have any other possible solutions to
this problem. But I know that throughout my district and I believe in
Commissioner Fiala's district there's a number of areas where we need
to come up with something, because we're simply not getting it done.
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We're not safe. We're not in a safe circumstances. And the only time
we find out is when we get to be a crisis situation.
And I'm reaching to find a solution. And I think -- you know, I
would like to make a motion that the Board consider this information
and rather than forge ahead on this MSTU assessment at this time, to
consider -- have staff evaluate it and consider what sorts of set-ups we
can -- what sort of a public/private partnership we can put together at a
very minimum cost to the county to solve this problem.
CHAIRMAN HENNING: Okay, there's a motion on the floor. Is
there a second to the motion?
COMMISSIONER FIALA: I'll second the motion.
CHAIRMAN HENNING: Second by Commissioner Fiala.
Discussion on the motion?
COMMISSIONER COYLE: Yeah, I still don't have an answer to
my question. Will the money be paid back or is it a gift?
COMMISSIONER NANCE: Commissioner Coyle, can I address
your concern?
COMMISSIONER COYLE: Sure, please.
COMMISSIONER NANCE: When I started this discussion what
I asked the Board to consider was to continue this item for two years to
give this a chance to work. And if we can't work out something and
the county doesn't think it's getting its money's worth out of a
public/private partnership, they can turn around and assess the people.
That way we don't forgive it but we continue it that allows this process
to go forward, give these citizens a chance to prove their worth and to
show that they are providing information and services of value to the
county as a whole. And then if you don't like it, come back and -- you
know, I don't think you've -- you're not forgiving it, you're just giving
it a chance to work. And I don't think the potential loss to the county is
anything if we adopt that sort of methodology. Maybe that's a copout,
you think, but I don't know how else to get there, sir.
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COMMISSIONER COYLE: Will you let me come back in two
years and vote on that?
COMMISSIONER NANCE: I will have you be the first speaker,
sir. We'll give you -- we'll let you have public petition.
COMMISSIONER HILLER: See, there's a real problem, because
you'll be gone and these three could be gone. So I would be the only
one left to vote on it.
COMMISSIONER NANCE: Commissioner Hiller will have to
take the entire responsibility.
COMMISSIONER HILLER: It will be me, myself and I.
COMMISSIONER COYLE: Maybe that's not too bad.
But okay, County Manager, what is our legal obligation to
maintaining these roads?
MR. OCHS: I'm going to defer to your County Attorney to give
you that legal advice.
MR. KLATZKOW: You have no legal obligation to maintain
private roads. What we had here was a situation where the -- you
couldn't get emergency vehicles down the roads.
COMMISSIONER COYLE: Yeah, I understand that.
MR. KLATZKOW: And honest to God, the reason we're here is
public safety first and foremost. And so the thought process was we'll
do just enough on these roads just to get the EMS vehicles down there
and no more.
This is going to be a recurring problem. We have God knows how
many miles of private roads out there, many of them are 30, 40, 50
years old, deteriorating. It's a problem. We have Rock Road, Sable
Palm Road, you've got this one over here. And I think as people move
out there and the older people go away, as it were, the ones who
moved out there for the privacy, I think the new people will have
higher expectations of what public service should be.
COMMISSIONER COYLE: And those expectations would be
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that --
MR. KLATZKOW: Getting a school bus down there, getting fire
engines down there and the problems that you might have, nine
residents down the road who want that and one resident saying this is
my private property and he puts a gate on it. And we've literally had
that happen.
COMMISSIONER COYLE: I don't have the perfect solution
either.
COMMISSIONER NANCE: Commissioner Coyle, let me give
you a little more information. I'll give you an example. Rock Road,
which is one that you'll remember, there was an MSTU set up under a
similar situation. Now so far those people on that road, it's not even a
mile long, have expended close to a quarter of a million dollars
maintaining that Rock Road. And they've done that under a forced
MSTU. I don't think anybody out there feels like that's been a great
value to them. Almost all of them feel like they could do it cheaper
themselves. And as a matter of fact they're putting a lot of sweat
equity into it right now to do that. But I think they could have done as
good or better a job under an agreement if there would have been some
methodology to do that that, you know, wasn't available at the time.
I'm not saying they had bad results, but it's been exceedingly expensive
to people that really can ill afford to do it. I think they can take care of
their roads and fix the problem spots cheaper and more efficiently
under some guidance together.
But, you know, how do you encourage them to do that? I don't
know. If we don't come up with some offering for our staff to go out
to these people to try to bring them together, I don't know what else we
can do other than just bump forward on a crisis-to-crisis basis. And
what I'm telling you is I predict that we're going to have a lot more of
them. Complaints are coming in, questions about MSTUs are coming
in, and we just really don't have that many options other than just a
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blanket going into huge areas and just tax people.
CHAIRMAN HENNING: You know, there is an option,
Commissioner, and I haven't seen it exercised up here, and it's to say
no. It's okay to say no, all right? There's a lot of public demand what
is reasonable and what is fair. Nobody's going to put fruit trees on my
property. They -- obviously the Board doesn't want to put in shopping
centers either. But it's okay to say no.
Anyways, Commissioner Fiala?
COMMISSIONER FIALA: Yes, I was just thinking along the
lines that you just mentioned. And you're right, have I a lot of those
same type of roads, whether they be in the farm rural area or even in
the -- in the areas that are well maintained and yet hidden back in
there. And I'm thinking of like Polly Avenue and Atkins and all those
little roads back there that are still dirt roads.
And maybe there would be some -- we could offer an initiative
where we can get people representing those dirt roads, sit them around
at a table and have them come up with an idea that would be fair to
everybody that doesn't cost the taxpayers any money but something
they can settle with if they want to keep their private roads. Have you
ever thought about something like that?
COMMISSIONER NANCE: Well, that's what this -- if you look
at this proposal, that's what Corkscrew Island Neighborhood
Association put together.
COMMISSIONER FIALA: Yeah, but I'm talking now about the
whole -- because we're talking now about the whole county.
COMMISSIONER NANCE: Well, you need each community to
come together. But I want you to know that I did not write a single
word of what was attached in your executive summary. That was all
put together by the community. It was not edited by me, I didn't
change a period, cross an I or T. This is all generated by citizens.
And what I'm seeking is I'm seeking a methodology to start
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addressing this problem. Because it's just not going to go away.
CHAIRMAN HENNING: The community, and Mr. Wilson
stated, they don't want to pay this back, okay. So that's not a resolution
to this item in my opinion.
You want to restate the motion?
COMMISSIONER NANCE: Well, my original motion, Mr.
Chairman, was to continue this item for two years pending
development of a program with public/private arrangement with the
community, and at that time the Board should reconsider this -- would
rule on this item to see if they think they've gotten their $10,500 worth
of benefits and cooperation back out of the community. If not, then I
would not object to them being assessed at that time.
But I'm just asking to defer that decision as an encouragement to
this group to go forward.
Are you saying you're holding it over their head? Yeah, okay,
you're holding $10,500 over their head. Let's see what comes out of it
and let's see if we can develop this into a methodology and a pattern to
use in other areas.
CHAIRMAN HENNING: Okay, thank you.
Any further discussion on the motion?
COMMISSIONER COYLE: Yeah, I didn't finish my question
last time.
CHAIRMAN HENNING: Sorry.
COMMISSIONER COYLE: That's all right, it just got diverted.
I don't want to seem uncharitable, but I have purchased land in
rural areas on private roads and not once during the entire time of
ownership have I ever asked a government to come in and pave my
private road or to make it passable. When you buy property that you
know is remote and private and not on a public road, you have to
expect that it will deteriorate. You must have known this when you
bought the property. And for the government to go in and create better
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roads for you and maintain the roads for you increases your property
values.
So yeah, you're looking for a hand-out from the rest of the
residents of Collier County to increase your property values. And I
guess human nature being what it is, that's sort of natural. But it
creates a problem for all of the other people who are in the same
circumstance. Why would they bother to do anything unless the
government came in first and gave them some money to do it?
I don't understand why any community would be reluctant to pay
their fair share for doing something like this and pay back the $10,000.
Pick a time frame that is convenient for you, that doesn't have a major
financial impact upon the residents. But at least make the gesture and
the attempt to pay the $10,000 back that other taxpayers in Collier
County have given to you. That's the fair thing to do.
And there's no assurance that having invested $10,000 to do your
repairs on your roads at one point in time is going to motivate people
to continue to maintain it forever. And if they believe that they're only
obligated to maintain it if the government gives them a financial
subsidy, then they're ultimately going to do nothing at all.
So I just don't know that it's a solution, but I'd be happy to vote in
favor of what you've proposed if you would say look, we'll pay you
back $1,000 a year over the next 10 years. And oh, at least make the
gesture to pay the other taxpayers back, and that would make it a lot
easier for me to support it.
CHAIRMAN HENNING: Any further discussion on the motion?
(No response.)
CHAIRMAN HENNING: Seeing none, all in favor of the
motion, signify by saying aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
COMMISSIONER COYLE: Aye.
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COMMISSIONER FIALA: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN HENNING: Aye.
Motion fails 4-1.
Is there a motion to accept staffs recommendation?
COMMISSIONER COYLE: What is staffs recommendation?
CHAIRMAN HENNING: Staffs recommendation is --
MS. ARNOLD: Staffs recommendation is to follow your policy
and to establish an MSTU for the repayment of the 10,500.
COMMISSIONER COYLE: If you don't mind me chiming in
again on this issue, I would rather not ram something down the throats
of the residents. If the residents would voluntarily say yes, we'll make
an attempt to pay this back over a period of time and suggest a period
of time that is reasonable then, you know, I'd be willing to accept that.
CHAIRMAN HENNING: Michele, in your communications did
you do anything like that or similar to what Commissioner Coyle is
suggesting?
MS. ARNOLD: We didn't, you know, request that of the
community. But we can surely do that, if that's the direction of the
board. We can work with them and, you know, try to get some sort of
payment plan established to get the repayment over time.
COMMISSIONER NANCE: How many property owners have
been identified on the proposed MSTU, Mr. Sells?
MR. SELLS: 50.
COMMISSIONER NANCE: There's 50.
MR. OCHS: Commissioner, I'm not sure we totally answered
your question.
Michele, what's the time frame in the ordinance in terms of
voluntary compliance versus the staff being obligated to come
forward?
MS. ARNOLD: There's a six-month time period for establishing
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the MSTU, which we've exceeded already.
CHAIRMAN HENNING: Well, you can't do any kind of taxing
on this to the following year.
MS. ARNOLD: Correct.
CHAIRMAN HENNING: So it won't even go in effect until the
2015 tax roll.
COMMISSIONER HILLER: Am I correct in understanding this
is about $210 per resident? When you said $10,500 for 50 residents,
we're talking about $210 per resident.
CHAIRMAN HENNING: Well, per property.
COMMISSIONER HILLER: Per property, forgive me.
CHAIRMAN HENNING: Per parcel.
COMMISSIONER FIALA: That's the total.
CHAIRMAN HENNING: I'm going to make an alternative
motion to approve staffs recommendation. And along with that is, you
know, if anything comes up before the implementation of the MSTU,
in other words, go out to put on the tax roll, if there's any other solution
by the residents, for staff to coordinate with the residents and then
come back to the Board of Commissioners with that idea.
MR. KLATZKOW: And this is coming back. This is just a
request to add a tax.
COMMISSIONER HILLER: I have a question, if I may.
CHAIRMAN HENNING: Well, it's coming back through the
budget process. That would be the last thing.
MR. KLATZKOW: Yes, eventually.
COMMISSIONER HILLER: I don't understand what we're
doing. Because I thought, Commissioner Henning, you said that you
cannot create an MSTU to make improvements to private property.
That was the whole issue with the seawall down in, what was the name
of your --
COMMISSIONER FIALA: Isles of Capri.
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COMMISSIONER HILLER: Isles of Capri. So how can we be
creating an MSTU for the improvement of private property here when
we couldn't do it for the improvement of the seawall?
CHAIRMAN HENNING: You can't expend public dollars --
COMMISSIONER HILLER: But we have expended public
dollars. I mean, recapturing those public dollars is the same thing.
CHAIRMAN HENNING: That was --
COMMISSIONER HILLER: I don't see the difference.
CHAIRMAN HENNING: Okay. Well --
COMMISSIONER HILLER: That one was public safety too, I
mean, the seawall was.
CHAIRMAN HENNING: And if you recall, Commissioner, and
I'll be glad to provide the minutes, you asked that certain question.
And on the seawall there was no imminent danger to private --
COMMISSIONER HILLER: Well, there's no imminent danger
here.
CHAIRMAN HENNING: I know that you wasn't here at the
time, but the chief of the fire district came in and says we can't get
down there, you know, these roads. So that's the reason for it. But --
COMMISSIONER HILLER: So it's okay if there's --
COMMISSIONER FIALA: May I suggest something?
CHAIRMAN HENNING: No, I put a motion out there and I
want to see if there's a second to the motion, okay.
COMMISSIONER COYLE: Would you refresh my memory on
the motion?
CHAIRMAN HENNING: Yeah, it's been a while.
COMMISSIONER COYLE: I'm getting old.
CHAIRMAN HENNING: No, I don't know if you're getting old,
but there's a domination on the Board here.
The motion was to accept staffs recommendations and also work
with the residents to come up with any alternative, bring those
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alternatives to the Board in the meantime.
COMMISSIONER COYLE: I'll second that.
CHAIRMAN HENNING: Okay, there's a motion and a second.
So we're going to discuss the motion. Is there a discussion on the
motion?
COMMISSIONER FIALA: Yes.
CHAIRMAN HENNING: Yes, go ahead.
COMMISSIONER FIALA: I would like to suggest that we bring
this motion back to the next meeting and allow the members of the
community to come up with a payment plan themselves and -- for say
a two-year time frame where they don't have to enter into an MSTU.
Being that it's only $210 a home, maybe they can figure that out and
pay that all back in a couple years and then they don't even have to go
into the MSTU process.
CHAIRMAN HENNING: Right. And that is --
COMMISSIONER FIALA: Bring that back at next meeting.
CHAIRMAN HENNING: That's a part of the motion. However
it's not going to be at the next meeting. I wanted to give it a longer
timeframe if there's other solutions.
MR. KLATZKOW: It will be coming back next meeting,
because I've got to advertise this.
CHAIRMAN HENNING: Advertise the MSTU?
MR. KLATZKOW: Yes.
CHAIRMAN HENNING: That doesn't need to be taken place
until --
MR. KLATZKOW: My drop-dead date is the last -- your
meeting in December. That's when it has to be enacted.
CHAIRMAN HENNING: Okay. Is that acceptable to you?
COMMISSIONER FIALA: As long as you can add the provision
that they can come back with their own plan instead of an MSTU.
CHAIRMAN HENNING: Correct.
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COMMISSIONER FIALA: If they prefer.
CHAIRMAN HENNING: And also staff is going to be working
with them up 'til the time of putting the MSTU assessment on the tax
roll.
COMMISSIONER FIALA: Yes. And Commissioner Nance,
would that meet with your approval?
COMMISSIONER NANCE: Yeah, you can do whatever you
want. I mean, this proposal was an alternative proposal. You know, if
you're just talking about how they're going to pay it, you know, the
decision has already been made to tax them to recover it in two years.
That's what this calls for. So after two years, you know, you're going
to have gotten the $10,500 back, and then you're going to accumulate
$5,000 in taxes every year and be fooling around with one little road.
So then the county's going to be fooling around with $5,000 a year
maintaining one little road.
MS. ARNOLD: And we wouldn't -- our recommendation is only
to create the MSTU for the purpose of repayment, not for the
maintenance.
COMMISSIONER NANCE: All right. So in two years, you
know, you get your money back and then you're right back where you
started.
CHAIRMAN HENNING: I'd just say no. That's my point, you
could say no to any of this. And it's okay to say no.
COMMISSIONER NANCE: No, that's fine. Then you have --
well, then the fire district and the Board can deal with it on an ongoing
basis as crises arise. That's what we've done so far. So, I mean, I can't
really say that, you know, anything's going to be any different.
CHAIRMAN HENNING: In my opinion, this should be the
experience of reason to say no. Again, it's private property. And like
Mr. Wilson said, doesn't necessarily mean that government knows best
or can do the best. Whatever. Whatever it was, something like that.
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Anyways, any further discussion on the motion?
COMMISSIONER FIALA: So let me just clarify that motion,
okay? Just to make sure I understand what the motion is.
The motion is to either -- to come back at the next meeting to
either create an MSTU or to allow the people to come up with their
own plan to repay the $10,500, right?
MR. KLATZKOW: My understanding is that I'm going to delay
advertising this so that it will be advertised for your December hearing,
which gives them almost three months to come up with a different
payment.
CHAIRMAN HENNING: Gives them more time.
MR. KLATZKOW: So I'll hold off on the advertising, I'll bring it
forward for your meeting in December and hopefully staff will have
time to get with the residents and work something else out.
CHAIRMAN HENNING: Any further discussion?
MR. KLATZKOW: That's my understanding.
COMMISSIONER COYLE: So I'll still be here in December
then to vote on this?
CHAIRMAN HENNING: You can send your opinion.
COMMISSIONER FIALA: Just hang onto your chair, don't let it
go.
COMMISSIONER COYLE: Okay.
CHAIRMAN HENNING: Okay, all in favor of the motion,
signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
COMMISSIONER HILLER: Aye.
CHAIRMAN HENNING: Motion carries 4-1, Commissioner
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Hiller dissenting.
COMMISSIONER HILLER: I don't think these people should be
subjected to this MSTU and there needs to be some alternative means
to collect the payment back from them. But --
COMMISSIONER FIALA: That's what I'm hoping they'll come
up with their own plan about.
COMMISSIONER HILLER: I don't even see why you're
directing the County Attorney to go forward with this.
CHAIRMAN HENNING: What's the next item?
Item #13A
BOARD OF COUNTY COMMISSIONERS (BOARD) APPROVAL
OF THE ATTACHED NEWLY PROPOSED THREE PARTY
AGREEMENT FOR BANKING SERVICES BETWEEN THE
CLERK, THE BOARD AND FIRST FLORIDA INTEGRITY
BANK AND ACKNOWLEDGE ANY WAIVERS OF THE
BOARD'S PURCHASING POLICY AS THE SOLICITATION
WAS MADE IN ACCORDANCE WITH THE CLERK'S
PURCHASING POLICY - MOTION TO APPROVE AND
WAIVING PURCHASING POLICY IRREGULARITIES TO
PREVENT ANY INTERRUPTION OF SERVICES FOR
VENDORS AND EMPLOYEES — APPROVED
MR. OCHS: 13.A, sir. That is a -- recommend that the Board of
County Commissioners approve the attached newly proposed
three-party agreement for banking services between the Clerk, the
Board and First Florida Integrity Bank and acknowledge any waivers
of the Board's purchasing policy as the solicitation was made in
accordance with the --
COMMISSIONER HILLER: Are we not doing 12.B?
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September 23, 2014
MR. OCHS: Not right now, ma'am.
COMMISSIONER HILLER: Okay. Do we have a time certain
on the 13.A?
MR. OCHS: No, there was an agreement before the --
COMMISSIONER HILLER: Oh, I see. Okay, got it.
MR. OCHS: -- break that it would be heard under the 13.A.
CHAIRMAN HENNING: Crystal, are you going to present this?
MS. KINZEL: Thank you, Commissioners. For the record,
Crystal KINZEL with the Clerk's Office.
I apologize for my voice, it's gone today.
But we worked very closely with County Manager, County
Attorney's Office. We believe that we're proposing a new agreement
that is between the Clerk, the Board and the bank. We have
representatives here from the bank. And hopefully we will get your
support to move forward with this banking agreement as a cooperative
agreement between the parties.
CHAIRMAN HENNING: Okay. Is there any public -- there is
no public speakers.
Discussion from the Board?
COMMISSIONER FIALA: Motion to approve.
CHAIRMAN HENNING: I'll second the motion if you include
in it that we waive any or all minor irregularities with respect to our
solicitation or selection process within the procurement policy. And
make a finding that the award of this agreement is necessary to prevent
any interruption of service in essential services and make --
COMMISSIONER FIALA: Tell me what you mean by making a
finding of this agreement necessary to prevent -- no, the motion before
then, waive any and all minor irregularities? What does that mean?
CHAIRMAN HENNING: Of our -- we have a purchasing policy,
and my motion to second it would be to waive any of those purchasing
policies. Kind of like we do on just about every agenda where staff is
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asking us to waive the purchasing policy.
COMMISSIONER FIALA: And where they're crucified for
something at times because they --
CHAIRMAN HENNING: Could be.
And then the other one is to prevent any interruption of service
that would be -- you know, we know there's an agreement, banking
agreement with Fifth/Third with the Clerk of Court. That's going to
expire in October. Therefore, after that we may not have a bank. So
we're finding that it's necessary to have a -- so we don't potentially
interrupt any delivery of service.
COMMISSIONER FIALA: That makes sense. I'm not
questioning that. I just questioned the other one. It seemed like there
was something deeper on that and that concerns me. If the motion just
included -- if my motion will include just that there would not be any
interruption in the service.
CHAIRMAN HENNING: I ran this through the -- the County
Attorney and I talked about this.
MR. KLATZKOW: There were a number of irregularities in the
bidding process, including Sunshine violations. We are as a Board
recognizing that and waiving them in your decision-making process.
COMMISSIONER HILLER: I'm shocked. Oh, my God.
CHAIRMAN HENNING: Well, that -- that's debatable. And
make a finding that it's in the best interest of the county to award the
agreement.
So that's my second, if you're going to include that.
COMMISSIONER FIALA: Okay. As long as that's something
that the County Attorney recommends, then I will include that.
MR. KLATZKOW: I recommend it, yes.
COMMISSIONER FIALA: Okay.
CHAIRMAN HENNING: Discussion on the motion?
We're going to talk about the motion, correct, Commissioner
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Hiller?
COMMISSIONER HILLER: Yes, sir.
CHAIRMAN HENNING: Okay. Please.
COMMISSIONER HILLER: We cannot as elected officials
waive illegal acts in our decision making. We cannot sit here knowing
that there were irregularities committed by the Clerk and his staff and
knowing that accept a contract that is being executed based on that. I
can't even believe, County Attorney, that you're suggesting what you're
suggesting.
With respect to the interruption of service, Leo has reached out to
Fifth/Third. Fifth/Third has said if the Board would direct them to
bring back a proposal -- we don't have a contract with them now.
We're not a party to the current agreement between the Clerk and
Fifth/Third. So as a consequence, we need a contract today with
Fifth/Third to continue services.
The County Manager has been doing what the Board directed him
to do. He has gotten his staff to very expeditiously put together an
RFP. That RFP, according to the County Manager, would be done by
Friday. I'm not sure what this rush is. We know that the Clerk has
done wrong. We're giving the banks the opportunity to be selected
legally and ethically in the public's interest.
I would like to ask some questions as to what this rush is all
about.
Crystal -- and let me just say this. I'd like to also say, because this
is a matter of fact. I mean, these are factual questions, and they are
very important to me in my decision-making.
Everybody I ask a question of, I'm going to ask to be put under
oath. So Court Reporter, would you put Crystal under oath?
CHAIRMAN HENNING: I think you need to do that at the
beginning of the item. But I don't think anybody has a problem with --
COMMISSIONER HILLER: Would you have a problem being
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put under oath, Crystal?
MS. KINZEL: Good, thank you.
CHAIRMAN HENNING: I don't think the Board would have a
problem.
COMMISSIONER HILLER: Well, the Board is automatically
under oath. I mean, we're put under oath as soon as we're elected, so
everything that we state here is a matter of--
CHAIRMAN HENNING: It's not fact at all. It's just all political.
MS. KINZEL: And Commissioner Hiller, I'd be happy to answer
any --
COMMISSIONER HILLER: No, there's a lot of-- go ahead,
thank you.
CHAIRMAN HENNING: Hang on. Everybody that's going to
participate in this needs to be sworn in. You're going to tell the truth,
the whole truth and nothing but the truth. It's not just one person,
Commissioner Hiller.
COMMISSIONER HILLER: We're already under oath.
CHAIRMAN HENNING: No, no, no.
COMMISSIONER HILLER: But I have no problem, all of us
can be sworn in. I have no problem.
CHAIRMAN HENNING: No, anybody other than the Board of
Commissioners.
COMMISSIONER HILLER: Okay, anybody other than the
Board of Commissioners can be sworn in. That's fine.
Can you swear Crystal in.
CHAIRMAN HENNING: No, wait a minute. She's not chair,
okay.
COMMISSIONER HILLER: Every individual --
CHAIRMAN HENNING: She was.
COMMISSIONER HILLER: Every Commissioner is allowed to
request this individually.
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September 23, 2014
CHAIRMAN HENNING: But we're -- there's a process you need
to do it.
COMMISSIONER HILLER: Please go ahead and do it.
CHAIRMAN HENNING: And you need to be sworn in by the
court reporter and that's the process that we do.
So anybody wishing to participate in this item, besides the Board
of Commissioners, would raise their right hand so they can be sworn in
by the court reporter.
(Mr. Ochs and Ms. Kinzel were duly sworn.)
COMMISSIONER HILLER: I'd like to ask some questions of
Senator Richter also.
CHAIRMAN HENNING: Now wait a minute, wait a minute.
COMMISSIONER HILLER: I just want to know some things.
CHAIRMAN HENNING: County Attorney, I mean, he's not a
speaker to sign up.
COMMISSIONER HILLER: Well, he's here representing the
bank, isn't he? I thought he was here because he wanted to say --
CHAIRMAN HENNING: What's the process?
SENATOR RICHTER: This is a public meeting, correct?
CHAIRMAN HENNING: What's the process?
MR. KLATZKOW: Nobody who does not want to speak need
speak.
CHAIRMAN HENNING: Okay.
COMMISSIONER HILLER: If he doesn't want to speak, that's
fine.
If you don't want to speak, it's your choice. I'd like to ask some
questions, but if you don't want to answer, that's fine.
CHAIRMAN HENNING: You know, we know what the
outcome is going to be on this, so --
COMMISSIONER HILLER: We do?
CHAIRMAN HENNING: -- let's go through the process.
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You have your questions you want to ask Crystal. Please
continue.
COMMISSIONER HILLER: Crystal, what is the reason that this
can't be put out to bid? Has Senator Richter or any member of the
bank told you or the Clerk that there is some time deadline that they
can't wait and that it has to get done now and we can't wait to re-let it?
MS. KINZEL: Commissioner Hiller, this process started back in
May --
COMMISSIONER HILLER: No, if you could just answer my
question.
MS. KINZEL: No, I would like to answer it in total, please.
This operation -- the process for selecting banking services started
last May. The banking services contract that we have had for several
years with Fifth/Third expires November 1. You are already behind
the eight ball on any operational items that we have with banking
services.
This will be a crunch. Even your own departments have said it
will take probably 60 days. We're now well below 60 days to
November 1. The urgency in trying to resolve this, which is the reason
that we brought this item back to be fully cooperative the way it has
been for many years, we would like a cooperative agreement and move
forward so that we can engage the processes and be ready to go with
services November 1.
COMMISSIONER HILLER: I appreciate what you've said. It's
not answering my question.
Has there been any discussion between you and the Clerk or has
the Clerk told you -- was there anything that Senator Richter brought
up related to the reason that this had to be done now?
MS. KINZEL: No, the reason is our reason for --
COMMISSIONER HILLER: I'm not asking that, I --
MS. KINZEL: I answered the question. No, no one has brought
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this up. This is our timeline for operational continuity and efficiency.
That's why we started in May to try to get these things in place so that
it would be a continuous service.
COMMISSIONER HILLER: Well, just so you understand, the
reason we're here today with this problem is because the Clerk didn't
do his job properly and we have irregularities which are material.
CHAIRMAN HENNING: What's your question?
COMMISSIONER HILLER: Just continuing.
And by the way, we don't have exigent circumstances because we
have Fifth/Third that is willing to go forward --
CHAIRMAN HENNING: Okay, what's your question?
COMMISSIONER HILLER: Please stop interrupting me.
-- on a month-to-month basis 'til this issue is resolved.
Can you explain to me why the Clerk refuses to accept the 30-day
termination provision in our contract, which is standard, why we as a
Board do not have the unilateral right to terminate on 30 days notice?
MS. KINZEL: No, I think the 30 days was just a standard that we
already had in place. I mean, there's nothing unique about it.
COMMISSIONER HILLER: County Attorney, can you weigh in
on that?
MR. KLATZKOW: Both staff and I asked for a change in the
contract so that currently the contract reads that the Clerk and the
Board may terminate on 30 days notice. We ask that it read that the
Clerk and/or the Board of County Commissioners have the right to
terminate on 30 days notice, and that change was not incorporated.
COMMISSIONER HILLER: That's a very material issue.
Commissioner Fiala, did anyone approach you on this? Like did
anyone from the Clerk's Office or the bank approach you ahead of this
vote?
COMMISSIONER FIALA: Ahead of this vote? Well, I think the
Clerk came down the halls and talked to everybody in our -- on our
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hallway that was there.
But I approached the Clerk and I said we need to get this thing --
it was me that approached the Clerk and I said, we need to get this
thing settled. We just can't let this languish.
And I said -- and I don't think he thought it could be done, but I
said, you know, all we need to do is get the players together. Get the
County Manager, get Mark Isackson, get the County Attorney, sit
down at the table and see what you've already come together with. I
said, you know, ask questions, change things if you want so we have a
total agreement between all departments. And I said, and then all of
the co-signers would then be a part of this agreement.
And the Clerk agreed and then they took it from there and called
-- I don't know if one of you called Jeff and one of you called Leo.
And then I wasn't privy to that meeting, I was not there. But I
understand that some questions were asked by the County Manager
and then they signed it. And I said, now put it on the agenda. I said
now it's a new contract. So it was me that started that.
COMMISSIONER HILLER: And no one else approached you to
address this contract.
COMMISSIONER FIALA: No.
COMMISSIONER HILLER: So you don't have a problem
signing a contract and waiving the Board's policy and waiving illegal
acts that basically are behind this underlined contract?
COMMISSIONER FIALA: You know, if these illegal acts were
something -- I mean, forgetting to advertise something is one thing.
And I think -- I realize that other places -- maybe the Clerk's Office
hasn't forgiven us for that for different things, but I think that we need
to be the bigger party to this and say we can overcome that. He did by
choosing a whole new committee. And so I can get along with that.
COMMISSIONER HILLER: And the other issues are okay with
you?
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COMMISSIONER FIALA: What other issues?
COMMISSIONER HILLER: All the issues that I brought out at
the last meeting about the improprieties in his process. And in effect
that this is a sham selection. I don't want to have to repeat all of it,
because we don't want to revisit that. I mean --
COMMISSIONER FIALA: I'm afraid that when you made kind
of like broad statements, it wasn't this, this, this and this. So as a broad
statement from you, I wasn't aware of any of the other --
COMMISSIONER HILLER: But you supported it. You
supported the reasoning and you voted in favor of having the --
COMMISSIONER FIALA: Yes, I did, because I felt it could be
fixed. But it couldn't be fixed that way. I feel that he's corrected the
things that he needed to correct.
COMMISSIONER HILLER: I see. Okay.
CHAIRMAN HENNING: Okay, you're done.
Commissioner Coyle?
COMMISSIONER COYLE: I thought the last time we discussed
this the County Attorney had the opinion that this was not a legally
acceptable item to be approved by the Board, and Mr. Brock said that
he had the authority to do this by himself, and that it was the County
Attorney's opinion at that time that if Mr. Brock believed he had the
right to do this, let him do it but do it alone and the Board of County
Commissioners should not endorse the procurement process that was
followed by Mr. Brock.
I don't see that anything has changed here. And in fact the
disagreements were not fixed, as the County Attorney has said. Mr.
Brock has retained veto power over the Board's votes. We have no
vote unless we get Mr. Brock to agree to do what we want to do.
So given those circumstances, at the very least this Board should
not endorse Mr. Brock's actions. If Mr. Brock believes that he can
legally proceed on his own, then that is his responsibility. And we
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should proceed with what our action is, to ask the county to address the
procurement process and solve that issue.
That issue is not solved by the vote we take here today. Any vote
here to endorse Mr. Brock's actions is merely acquiescence in his
improper solicitation process.
So I cannot vote for this. If Mr. Brock believes he can legally do
this in this manner, then let him go along with it. I don't know of any
reason why we should try to endorse Mr. Brock's actions. Otherwise
he'll continue to do things like this, as he always has in the past.
CHAIRMAN HENNING: Okay, I'm going to speak on the
motion.
I'm going to support the motion because it would prevent any
delay of payment, not only to our employees but our vendor.
I've asked the County Manager several times to get back to me on
if the bank, Fifth/Third, would extend the contract. He has not done
that. So I'm assuming the answer is no. Any other contract between
the Board and any other bank at this time under what I consider
emergency would take a waiver of our policy, our purchasing policy.
This went out to bid and it was scrutinized by several people.
And, you know, we must get on and do the public's business.
So is there any other questions or comments on the motion?
Commissioner Fiala?
COMMISSIONER FIALA: Yes, you just said it was scrutinized
by many people. I think that the first round that was presented to us
was done most internally in the Clerk's Office. And that's why I felt it
needed to -- because the County Attorney himself said it was
insufficient, legally insufficient to be presented. And I couldn't vote
for that. So that's when I called the Clerk's Office. I said are you ready
to do it the right way to include everybody on this committee, talk with
everybody, get -- if they feel that they want to sign, then you've got a
cooperative agreement between all the parties.
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And he said yes. And so then I asked the County Attorney, will
this be acceptable, will this be legally sufficient? He said yes, if they
all meet, it will be legally sufficient. So then I kind of prompted that to
happen.
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
COMMISSIONER COYLE: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN HENNING: Motion carries 3-2, Commissioner
Coyle and Commissioner Hiller dissenting.
Next item?
Item #12B
BOARD OF COUNTY COMMISSIONERS PROVIDE
DIRECTION TO THE COUNTY ATTORNEY AS TO WHETHER
TO INTERVENE IN LITIGATION WITH THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP")
AGAINST THE DAN A. HUGHES COMPANY, L.P., BASED ON
HUGHES COMPANY'S ("HUGHES COMPANY")
UNAUTHORIZED ACID FRACKING ACTIVITIES IN COLLIER
COUNTY - MOTION TO CONTINUE
MR. OCHS: Next item is Item 12.B, Mr. Chairman. That is a
request that the Board of County Commissioners provide direction to
the County Attorney as to whether to intervene in litigation with the
Florida Department of Environmental Protection against the Dan A.
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Hughes Company, L.P., based on Hughes Company's unauthorized
acid fracking activities in Collier County.
CHAIRMAN HENNING: Before we get started, I do want to say
I received -- when we were at lunch, and I copied all the
Commissioners, The Conservancy has agreed with some stipulations
with DEP on this issue. So it's good to see that we're having further
cooperation with interested groups and government to the final
resolution, you know, this particular incident and future legislation.
Jeff, this is your item?
MR. KLATZKOW: Yeah, I don't know if you want to hear the
public speakers.
COMMISSIONER FIALA: Say that again?
MR. KLATZKOW: I don't know if you want to hear the public
speakers first. But briefly stated, at your last meeting you had asked
me to discontinue or withdraw our petition, subject to receipt of a letter
from Secretary Vinyard.
We got that letter. I certainly ask the Commissioners if they are
satisfied with that letter. I had two Commissioners that told me they
were not satisfied with that letter, so I have not yet pulled that petition.
I figured I'd give the Board the opportunity to address that issue, along
with whether or not you want to join in at DEP's request their litigation
against Dan A. Hughes Company.
CHAIRMAN HENNING: That's two different issues. I don't
know if the dissenting Commissioners want to talk about it in this item
or do it under Commissioners comments. What's the pleasure?
COMMISSIONER NANCE: I would just like to bring it up,
because I think it's part of the entire package, Commissioner Henning.
CHAIRMAN HENNING: Does anybody object to that?
COMMISSIONER NANCE: Our decision on one relates directly
to the other.
CHAIRMAN HENNING: Okay. Do you want to start out with
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that then? Let's --
MR. KLATZKOW: I think they're interwoven.
CHAIRMAN HENNING: Pardon me?
MR. KLATZKOW: I think they're interwoven.
CHAIRMAN HENNING: Commissioner, was it Nance, did you
have concerns about the --
COMMISSIONER NANCE: Yes, I very much appreciate the
letter. And if you'll recall, I requested some very specific things from
Secretary Vinyard when he was here. I appreciate the fact that he sent
the letter. The letter was not as specific as I had hoped. And actually,
I'm encouraged by what The Conservancy has done here.
What I was going to propose was that we request from DEP and
Secretary Vinyard a Memorandum of Understanding to go along with
their letter that outlines in specific some of the things that we requested
in our dialogue, each of us, and for the Commission to authorize the
Chair to work with DEP to accept that Memorandum of Understanding
based on what our requests to them have been on this issue.
And that if they would supply us with that MOU, I'd be more than
glad to follow through with our agreement to drop our --
CHAIRMAN HENNING: I thought everything was in there that
addressed the Board's concerns that was voted on. Are you saying --
what MOU?
COMMISSIONER NANCE: I was just asking for an MOU to
memorialize their commitments. Rather than just have a letter to have
a Memorandum of Understanding that outlines what's put forth in the
letter. And I think they could go back to the transcript and see what
they agreed to and be sure that they include what they agreed to, which
I think they're falling short on a little bit. I looked at the transcript and
I think there are shortcomings in their letter.
CHAIRMAN HENNING: Well, an MOU is signed between two
parties.
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COMMISSIONER NANCE: Yes.
CHAIRMAN HENNING: So if-- how would you --
COMMISSIONER NANCE: I would like the Board to authorize
you to just review the letter in your wisdom representing the Board and
sign on our behalf so that we do have a written commitment from
them.
MR. KLATZKOW: The MOU would be between the DEP and
the Board so this item would have to come back for Board review and
CHAIRMAN HENNING: That's true. Okay.
COMMISSIONER COYLE: I've got a question.
Why isn't a legal stipulation acceptable, more acceptable than a
Memorandum of Understanding? We've got this legal stipulation
between FDEP and us signed by Secretary --
CHAIRMAN HENNING: Well, that's The Conservancy.
COMMISSIONER NANCE: That's The Conservancy. That's an
agreement with The Conservancy, sir.
I mean, I'm encouraged by that. I wish that they would grant us
the same consideration they've granted The Conservancy. I think that's
wonderful.
CHAIRMAN HENNING: So you want me to work on some
kind of stipulated agreement between DEP and the Board of
Commissioners and bring it on a future agenda.
COMMISSIONER NANCE: Yes, sir.
CHAIRMAN HENNING: Okay.
COMMISSIONER COYLE: It would be the same as this
stipulation?
CHAIRMAN HENNING: Yeah, not -- well, the same format.
COMMISSIONER HILLER: There's no need to have
Commissioner Henning do this. The County Attorney -- I mean, the
Board has given the County Attorney direction what needs to be put in
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this agreement. However -- whatever legal format is best to make it
binding should be in the County Attorney's opinion and then he should
just bring it back to the Board for approval. I mean, there's no need to
assign any Commissioner to go do what the Board as a whole has
already done. And then just bring it back.
CHAIRMAN HENNING: Okay. Well, let me go back to what
Commissioner Nance has said and find out if there's any objections.
And that would be Commissioner Nance's wishes for me to, you know,
work with a stipulated agreement with DEP and bring it back to the
Board. Does anybody object to that besides Commissioner Hiller?
COMMISSIONER COYLE: No.
COMMISSIONER FIALA: No.
CHAIRMAN HENNING: Okay. Somebody else had concerns
about the letter from DEP? Jeff, can you help me out here?
MR. KLATZKOW: Commissioner Fiala has some concerns.
Commissioner Fiala's primary concern that was related to me was the
letter did not mention fracking. When I asked DEP if they would put
that in, DEP is uncomfortable using that term.
CHAIRMAN HENNING: Hm. Well, we have something from
Collier Resources that said there will be no fracking for this new
process. They're not going to allow it until the DEP makes rules on that
process, which has to go through the Florida legislature. But that
wasn't even brought up, though, I mean, at the last meeting when we
asked for certain stipulations. But I can include that, if you would like,
in my request to DEP.
COMMISSIONER FIALA: Yes.
CHAIRMAN HENNING: Does anybody have any objection to
that?
COMMISSIONER NANCE: No, sir.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: I'm not supporting you going to
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talk to DEP. I don't agree with, you know, closed door meetings
between you and DEP. I think the County Attorney was given
direction by the Board and the County Attorney should go get what the
Board directed him to get in a manner that, you know, legally binds
DEP and makes them obligated to us. I don't see any reason for your
involvement.
COMMISSIONER NANCE: Well, I'm certain that the Chair is
going to involve the County Attorney. Everybody -- you know, I think
the two of them have been most involved in this discussion.
COMMISSIONER HILLER: Not at our direction.
COMMISSIONER NANCE: No, but I think it's prudent at this
time to do that. I think we have a very short window in time. We've
agreed that this course of action is wise. But I'm just trying to
memorialize it a little more. Like I say, I'm encouraged by the fact that
The Conservancy has simply done the same thing.
COMMISSIONER HILLER: I support the memorialization and I
support it being done by the County Attorney.
CHAIRMAN HENNING: Commissioner Coyle, do you have
any objection?
COMMISSIONER HILLER: Bringing it back to the Board and
the Board voting as a whole.
CHAIRMAN HENNING: Well, let's hear from our public
speakers.
MR. MILLER: Mr. Chairman, we have eight registered public
speakers. Your first speaker is Jennifer Hecker. She will be followed
by Dr. Karen Dwyer.
MS. HECKER: Good afternoon. Jennifer Hecker on behalf of
The Conservancy of Southwest Florida. And we are very happy to be
able to offer our comments today, thank you.
The Conservancy of Southwest Florida had sought the county to
obtain the safeguards for appropriately protecting Collier County
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citizens and our water supply from potential contamination from the
Hogan well violation and legally binding commitments from DEP
prior to its withdrawal from the petition challenging the DEP consent
order or considering intervention into DEP's suit against Hughes.
We've offered our assistance and requested the Board to provide
direction to the County Attorney to collaborate with us to that end.
We also had discussions with the County Attorney and the Chair
where we had expressed an interest in trying to work to create a
three-way agreement where we could try to get the type of
commitments that you all have expressed verbally that you're seeking,
in writing in a legally binding fashion.
However, since the Board chose not to do so at this last meeting
and voted to withdraw without these additional commitments, The
Conservancy, on behalf of our members and all citizens, including our
partners, had to itself pursue securing these.
As a result today, Secretary Vinyard signed a legally binding
stipulation agreement in return for our voluntarily withdraw of our
petition to intervene in the DEP consent order case.
That provides us these assurances. These commitments include:
Providing what chemicals will be testified for; deadlines for sampling
and information releases; what secondary assessment steps would be
taken if contamination were found, et cetera.
Therefore we can now support the county moving forward with
its withdrawal and focusing its resources on intervening and support of
the DEP against Dan A. Hughes.
We've provided you each a copy of the stipulation agreement and
we'd be happy to pursue if there's a way to have the county enter in and
make it a three-way agreement or have a similar agreement, and we
would be supportive of the county pursuing that. But we think based
on the agreement that we've been able to enter into with DEP that there
is sufficient legally binding commitments now that would allow the
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county in our view to be justified in its withdraw and to move forward
with intervening in support of DEP against the Dan A. Hughes
Company.
Thank you very much. We look forward to continuing to work
closely with the county and supporting the protection of Collier
County citizens in quality of life.
COMMISSIONER COYLE: Mr. Chair, can I ask a question of
the County Attorney?
CHAIRMAN HENNING: Yes.
COMMISSIONER COYLE: Have we withdrawn from the suit
against the DEP?
MR. KLATZKOW: No, I have not physically withdrawn yet.
COMMISSIONER COYLE: Nor did we vote to withdraw last
time. We did not withdraw our suit against DEP.
Secondly, it was incorrectly characterized in the Naples Daily
News that it was the suit with Hughes that we had withdrawn from,
which was clearly inaccurate. So there's been a lot of misinformation
and people keep getting very exercised about things that did not in fact
happen.
So I'd just like to make that clear to everybody. We did not
withdraw. I don't think we've withdrawn yet, have we?
MR. KLATZKOW: No, sir.
COMMISSIONER COYLE: Okay. So let's just make sure we
all understand that, okay?
MR. OCHS: Mr. Chairman, excuse me, the stipulated agreement
that Ms. Hecker referenced that was distributed to the Board she
handed to me to distribute to the Board. Mr. Chairman, under the
Board's rules, I don't know if you want to take a vote to --
CHAIRMAN HENNING: Yeah, we need to take a vote on that,
because that may influence our decision on this item.
So is there a motion to accept the -- not accept but accept the
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written stipulated agreement by DEP and The Conservancy?
COMMISSIONER FIALA: Yes, motion to --
COMMISSIONER HILLER: We haven't even had time to
review it.
COMMISSIONER NANCE: It's just informational, is it not, sir?
CHAIRMAN HENNING: Well, according to our rules on any
item, Jeff, that may influence the outcome of any decision as being
whether we should enter in the lawsuit or not.
MR. KLATZKOW: You may want to take a break and go
through this.
COMMISSIONER NANCE: I don't think we've had a chance. I
don't mind accepting it as informational, but I don't think we should
take action based on this. I don't think anybody's had a chance to read
this, digest it or process it. I think it's quite irregular for us to proceed
in that way.
COMMISSIONER COYLE: Why don't we continue it 'til next
meeting and give us all a chance, take a --
COMMISSIONER NANCE: I would agree with that, actually.
COMMISSIONER HILLER: Motion to continue.
CHAIRMAN HENNING: Motion to continue what?
COMMISSIONER HILLER: This whole agenda item.
CHAIRMAN HENNING: Okay, that's what I needed
clarification.
So I need to recognize the motion before we have discussion on
the motion.
COMMISSIONER NANCE: We already have a motion on the
floor.
CHAIRMAN HENNING: What is the motion?
COMMISSIONER FIALA: To accept the paperwork.
COMMISSIONER NANCE: No, no, the motion on the floor is
to request that the --
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CHAIRMAN HENNING: No, that was a -- I just asked if-- there
wasn't a motion, I just asked if anybody had any objections to -- for the
Chairman and the County Attorney to work with DEP to bring back a
potential stipulated agreement.
COMMISSIONER NANCE: Okay, I thought we were going to
vote on that. No?
CHAIRMAN HENNING: No. I wanted to see if there's any
objections. There's only one objection.
COMMISSIONER NANCE: Okay.
CHAIRMAN HENNING: Okay, so there was a motion by
Commissioner Hiller to continue this item. And who seconded the
motion?
COMMISSIONER COYLE: I'll second.
CHAIRMAN HENNING: Seconded by Commissioner Coyle.
Discussion on the motion?
COMMISSIONER FIALA: Yes. If we're continuing this
because we haven't read the material, do we have to then make a
motion to accept this material, or being that it's on the next meeting,
can they just distribute it to us afterwards? Because we don't even
know what it says.
CHAIRMAN HENNING: Yeah, Jennifer can email it to us.
The public speakers -- even though that this may be continued,
the public speakers signed up for this item and I would hope that we
can allow the public speakers to speak on this item, even though that
we know this is going to be on a future agenda.
Does anybody have objections to that?
COMMISSIONER NANCE: No.
CHAIRMAN HENNING: Okay, good.
MR. MILLER: Your next speaker is Dr. Karen Dwyer. She'll be
followed by Alexis Meyer.
DR. KAREN DWYER: The county should not withdraw their
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lawsuit without first getting a legally binding and enforceable contract
from DEP. A commitment letter is not enough. We need to secure the
enforcement terms mapped out in your amended petition. Specifically
and at the very minimum, DEP should one, install a water monitoring
device below our underground sources of drinking water.
Two, plug the abandoned wells to current standards.
And three, investigate the inappropriate disposal of flowback.
These three remedies address the three potential pathways for
contamination. The well, the boreholes and the flowback.
Additionally, to improve state and local communication and to
make sure the community gets a public hearing, not some closed secret
closed-door settlement, the county should intervene on the DEP's
lawsuit. A public hearing will provide the transparency and evidence
we need to stop the unlawful fracking from happening again, while
remediation will protect citizens, the public water supply and future
generations from toxic fracking fluids.
The Hogan well is a test case. It will set a precedent and protocol
for the 330,000 acres additionally leased for new Everglades oil
operations.
The plugging of the abandoned boreholes to current standards is
critical. EPA records show that the boulder zone lacks a competent
confining zone, especially in Florida's highly fractured geology. And
that drilling fluids migrate and surface, especially in Florida's hundreds
of improperly plugged wells from the 1940's.
In this instance of unlawful acid fracking, DEP should plug the
wells to current standards, which means three additional plugs at the
surface 1,000 feet and 400 feet. This is such an important point
because flowback can migrate into our water supply through
unplugged wells, even years after the fracking. And flowback contains
heavy metals, radioactive elements and trade secret chemicals,
everything from benzene, a known carcinogen, to hydrofluoric acid, a
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corrosive that eats bone, steel and rock. We don't want toxic fracking
fluids surfacing in our drinking water. Not now, not ever.
The Hogan violation also makes clear that we need new local and
state regulations, including a ban on extreme extraction, a one-mile
buffer zone from drill site to family home and stronger penalties, to list
only three.
To sum up, we need a lawsuit to provide assessment, remediation
and permanent revocation of the Hogan well, and long term we need
new oil regulations to protect our water and communities from extreme
extraction in the greater Everglades that sources all our drinking water.
Further delays pose a public health threat.
CHAIRMAN HENNING: Your next speaker is Alexis Meyer.
She'll be followed by Jaime Duran.
MS. MEYER: For the record, Alexis Meyer, representing the
National Sierra club and the Florida Panther Critical Habitat
Campaign.
We were informed this morning that the DEP has updated their
commitments of the revocation suit to obtain the minimum safeguards
to protect Collier's drinking water in a legally binding agreement.
Due to these updated commitments by the DEP, we support
moving forward with the withdrawal of the county's petition, if the
DEP commitments can be guaranteed. These include a secondary
assessment of contamination, a deadline of completion for the
commitments, a specific list of chemicals being tested, and most
importantly that it is a legally binding agreement.
Given this we support that the County Commissioners review the
commitments between the DEP and The Conservancy of Southwest
Florida.
I want to thank you for continuing to discuss oil drilling issues
and taking public comments. Thank you for your time.
MR. MILLER: Your next speaker is Jaime Duran. He'll be
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followed by Pamela Duran.
MR. DURAN: For the record, I am Jaime Duran. I live at 24th
Avenue Southeast, Naples.
Commissioners, I have addressed this Board several times over
the past year and a half. It has been a long and painful struggle in
which I have endured dismissive comments and insults from public
officials as well as members of this Board. I know that this struggle is
far from over.
I am here today to ask as one of your taxpaying employers for the
same respect and consideration that you expect from me. Today I ask
that you demand accountability and transparency from those who have
shown little respect for the environment.
The FDEP and the Collier family have been negligent in their
obligation to basic human rights and responsibilities, as well as this
Board has been negligent to your obligation to protect the rights and
well-being of the residents of this county.
The residents of Collier County deserve your best judgment. You
must not give in to pressure from the FDEP, Collier Companies, the
Dan A. Hughes Company or even the Governor to give up what we all
know is right. Let the path forward include contractual assurances that
fracking-like activities will not occur, that the well-being of residents
will always be protected, that the damage that is evident in other states
will never happen in Collier County.
Current understanding is not good enough to protect your
citizens. It is a poor excuse. It is your obligation, just as it is mine, to
look after future generations. Let our legacy be one that will make our
grandchildren proud of us. Thank you.
MR. MILLER: Your next speaker is Pamela Duran. She'll be
followed by Dr. John Dwyer.
MS. DURAN: Well, I had a speech but I'm going to ask a few
questions.
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Does anybody know where the boulder zone goes? We've heard
the Collier family talk about it, we've heard the FDEP talk about it, and
today we heard the Dan A. Hughes talk about it. Everything goes into
the boulder zone. The boulder zone is an underground river that flows.
And where does it flow? We're talking about this dilution. All these
toxic chemicals are going to be diluted in this river. This is not a
container, this is a river that flows. Where does it end up? Has
anybody said, where does this end up? Where does the boulder zone
empty into? Does anybody know? Did anybody ask?
I asked Fred McManus, the head of EPA. And it's going into the
Atlantic Ocean. And the fish are going to be considered toxic. Now,
your grandchildren will eat maybe, one, two, will they even eat three
fish? We know mercury is in the fish and we've asked pregnant
women and young children, don't eat it. When is the coverup about --
what are we doing to the future generation? Does anybody care?
Nobody asked where is this ending up at. We're putting toxic
chemicals and we don't know. The Gulf is already a mess. Why not
have the Atlantic Ocean? Thank you.
MR. MILLER: Your next speaker is Dr. John Dwyer. He'll be
followed by Patty Whitehead.
CHAIRMAN HENNING: We need to speak on the item at hand,
okay? Even though it's going to come back, can we please stay on task
and talk about the item on hand?
DR. JOHN DWYER: Would you give me more specific
instructions? What is the item at hand?
CHAIRMAN HENNING: The item at hand is whether the Board
of Commissioners should enter with the State of Florida of suing Dan
A. Hughes.
DR. JOHN DWYER: Okay. And does that also mean
withdrawing your suit against the DEP?
CHAIRMAN HENNING: No.
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DR. JOHN DWYER: Two separate things. Okay.
The thing that I have prepared to speak about is really not going
to be conforming to that; therefore, I'm going to withdraw without
saying much more than my first sentence. And that is the kingpins of
carbon have blackened the facade of democracy. Thank you.
CHAIRMAN HENNING: Thank you.
MR. MILLER: Your next speaker is Patty Whitehead. She'll be
followed by Noelia Rodriguez.
MS. WHITEHEAD: Good afternoon, Commissioners. Patty
Whitehead for the record, representing Preserve Our Paradise. How
are you, sir?
I definitely support intervening with the DEP but also keeping
pressure on the DEP. I don't quite know legally how that would work,
but that's why we have attorneys.
My concern is that, you know, so many issues haven't been
addressed and so many thresholds haven't been crossed in this process.
Of course much of that due to the fact that DEP did intervene early on
to stop the work-over, the improperly notified I suppose work-over.
But, you know, there is a pending permit. I believe it's pending.
I've heard from some of my colleagues than it's already approved Class
II injection well for that site.
That's another thing that the county should really delve into. I
believe the permitting is in the hands of the EPA, but there's also DEP
components, so please look into that. Please put that on your radar
screen to find out about. It's separate, because if that does go through,
it's possible that other drillers could dispose of their wastewater at that
site --
CHAIRMAN HENNING: That's not the item on the agenda.
MS. WHITEHEAD: I understand that, sir, but it's a component
issue for sure.
But yes, I do applaud the action that DEP has taken so far in
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cooperating with The Conservancy on the stipulations, and I would
hope that the county would meet and exceed all those concerns. Thank
you.
CHAIRMAN HENNING: Thank you.
MR. MILLER: Your final speaker is Noelia Rodriguez.
UNIDENTIFIED MEMBER FROM THE AUDIENCE: She had
to go.
MR. MILLER: She is not here, sir. That is all your speakers on
this item.
CHAIRMAN HENNING: So we have a motion and a second to
continue this item. All in favor of the motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Mr. Chairman, you have public comments on
general topics.
CHAIRMAN HENNING: Okay. And until the rules change, it's
for the public's -- for the public to comment to elected officials on
items that are not on the agenda or won't anticipate being on the
agenda. So please call the --
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MR. MILLER: Your first speaker is Garrett FX Beyrent. He'll
be followed by Jennifer Hecker.
MS. HECKER: I'll waive, thank you.
CHAIRMAN HENNING: Next speaker?
MR. BEYRENT: For the record -- okay.
MR. MILLER: Oh, the next speaker --just one second. Mr.
Beyrent will be followed by Dr. Karen Dwyer.
DR. KAREN DWYER: We're all waiving because we just spoke.
CHAIRMAN HENNING: I would like to hear that first, the
speakers signed up. Go ahead.
MR. MILLER: Dr. Karen Dwyer, do you waive?
DR. KAREN DWYER: Yes, waive.
COMMISSIONER HILLER: Alexis Meyer?
MS. MEYER: Yes.
MR. MILLER: Jaime Duran.
MR. DURAN: Yes.
MR. MILLER: Pamela Duran.
MS. DURAN: Yes.
MR. MILLER: Patty Whitehead.
MS. WHITEHEAD: Yes.
MR. MILLER: And Noelia Rodriguez is no longer here. So that
is the bulk of the public comment, aside from Mr. Beyrent.
CHAIRMAN HENNING: Maybe they'll cede their time to him.
MR. MILLER: You now have 137 -- no.
MR. BEYRENT: For the record, I'm Garrett FX Beyrent. I've
been a real estate developer and broker in Naples for 43 years. I'm
currently an unemployed sign holder and creative genius.
In any case, I'm here to speak about a proposal I made at the
direction of Commissioner Fred Coyle several months ago. We were
angling to bring Hertz Global Headquarters to Collier County, and
Fred made a comment when I was at a Board meeting that the problem
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with Collier County is we don't have any shovel ready property. And
he was exactly right.
And when I heard that, I said boy, maybe I could do something
about that. So I got ahold of Commissioner Coyle. He suggested that
he was kind of hoping that Leo Ochs would get together with Nick
Casalanguida and maybe talk to Bruce Register, which actually did
occur with a little nudging. And I suggested to them that maybe I
could talk to about four or five land use attorneys and maybe we could
come up with a new amendment to the comprehensive land use plan
that would allow for more efficient use and expedition of properties for
global corporate headquarters.
And as a result we came up with an ordinance proposal which
was deemed to be the corporate headquarters overlay district.
Leo Ochs took it, at the direction of the Commission, to have a
meeting, and the meeting consisted of Leo chairing with Mark Strain,
our Hearing Examiner, Mike Bosi, from planning, and Bruce Register.
And essentially everybody agreed that Mark Strain's idea of a simpler
way to amend our comprehensive plan was to just simply fit Global
Corporate Headquarters' uses into our C-1 through industrial zoning
categories, which was far more simpler than creating another one of
our overlays which we, as Mark said, have too many of them already.
But this -- actually the reason this happened was because while I
was -- do I have like 107 minutes?
MR. MILLER: No, 30 seconds.
MR. BEYRENT: Anyhow, make it short, we're working on that.
And I'm also working with Commissioner Fiala and Commissioner
Fred Coyle on the creation of public parks that cost the county nothing.
And last but not least I'm working with the disabled veterans holding
signs. So I'll have to save those for a later date. Thank you.
MR. MILLER: That was our last registered public speaker.
COMMISSIONER COYLE: I have a comment. Who's vice
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chair?
COMMISSIONER NANCE: I am, sir, take the floor.
COMMISSIONER COYLE: Do I have 30 minutes?
COMMISSIONER NANCE: As long as you wish, sir.
COMMISSIONER COYLE: I did promise Mr. Beyrent during
one of our conversations that I would put in a plug for helping our
disabled veterans. They've been adversely impacted by the sign
holding ordinance. I understand why we have that ordinance. And I'm
wondering if there's another way that we can help the disabled
veterans. If we have any day labor jobs that could be targeted toward
disabled veterans in Collier County, I don't know if you need day
laborers for doing things, but certainly that's what they're doing when
they're holding signs. And so if there's anything that we could do, I
would greatly appreciate it and strongly support it.
MR. OCHS: Yes, sir. Be happy to.
Item #10C
PLACEMENT OF ATTACHED BANKING SERVICES
DOCUMENTS INTO THE OFFICIAL RECORD (PER AGENDA
CHANGE SHEET) - MOTION TO APPROVE — APPROVED
CHAIRMAN HENNING: We're going to go to 10.C?
MR. OCHS: Yes, sir. That's the placement of attached banking
services documents into the official record. This is Commissioner
Hiller's item.
CHAIRMAN HENNING: You wanted to ask County Attorney a
question, Commissioner Hiller?
COMMISSIONER HILLER: That's no action required. It's just
on the record. It's already on the record. There's nothing to vote on,
it's there.
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CHAIRMAN HENNING: Well, let's ask the County Attorney
what you were going to ask but we knew that this item would take
quite a while.
COMMISSIONER HILLER: No, there was nothing to ask. The
County Manager erroneously uploaded the wrong information. It
wasn't going to ask anything. I gave clear direction that this was
strictly uploaded at my request and no recommendation was required.
Which is what we all voted on at the agenda setting this morning.
CHAIRMAN HENNING: This is the Board of Commissioners
agenda. So let me ask the County Attorney, does the Board of
Commissioners need to vote on Commissioner Hiller's item to accept
these to put into the official record?
COMMISSIONER HILLER: My motion was --
CHAIRMAN HENNING: No, I'm going -- would you --
COMMISSIONER HILLER: -- not to accept. That's not what I'm
asking. I'm not asking --
CHAIRMAN HENNING: Are you asking to withdraw this item?
COMMISSIONER HILLER: No, sir. And stop manipulating the
facts.
CHAIRMAN HENNING: Then stand away from the mic. I've
asked the question. Just be silent for a minute so we can get an
answer. Can you accept that? Would that be okay?
(No response.)
CHAIRMAN HENNING: County Attorney?
MR. KLATZKOW: All items on the agenda are voted on by the
Board.
CHAIRMAN HENNING: Okay. Well, let me ask you another
question. If a commissioner wants to introduce items onto the record,
does it have to be voted on by the Board of Commissioners or is it just
put into the record?
MR. KLATZKOW: The way we typically put things in the
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record is through an executive summary.
CHAIRMAN HENNING: Correct.
MR. KLATZKOW: All documents are loaded by staff in support
of the item. That thing gets published, it goes out to the Board of
County Commissioners and the public four days before the meeting so
that everyone could have a chance to review the materials, and then it
comes to the Board for a decision.
CHAIRMAN HENNING: What about if it's done on the fly?
MR. KLATZKOW: What we typically do is if in the beginning
of a meeting somebody wants to introduce more stuff, what we
typically do is we either say okay, we don't have time to review this at
this point in time, we'll continue it to another meeting, or we'll simply
vote to accept it and move head.
CHAIRMAN HENNING: That's exactly what we did with this
stipulated agreement between DEP and The Conservancy is we
continued it so we can -- we didn't accept it, in other words, like
Commissioner Nance said. We need to review that before putting it in
the agenda, correct?
Okay, I'm going to make a motion to approve 10.C.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion by Commissioner Henning,
second by Commissioner Fiala.
Discussion?
COMMISSIONER HILLER: Yes.
CHAIRMAN HENNING: I'm sorry, I forgot all these. Okay,
Commissioner Hiller.
COMMISSIONER HILLER: There is no motion required. This
is not recommendation to accept these documents. We have the legal
right to put what we want on the agenda. There is no action required,
there is no vote.
At the last Board meeting you violated the ordinance because
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when I wanted to introduce the record you refused. And you didn't
suggest that there be a continuance, you strictly refused and that was it.
And you said that you had the right to and that was the end of the
discussion.
I have the right to put documents on the record, and there is no
vote to accept them. They are on the record already. They are part of
the agenda, it was accepted, they're there. And you can't deny it or
accept it. It's present.
And our ordinance provides that any member of the staff or any
member of the board can place information on the agenda. The Board
can choose to continue it if it's not presented in a timely manner before
the agenda is published.
But I'm sorry, I don't understand why you're making a point of
voting on this material. You do not have the desire obviously to
provide information in a readily accessible manner for the public. You
know, you want to control everything by vote and not allow documents
to come forward into the Sunshine? Fine.
Next time I present a document you don't like, you're going to try
to solicit, you know, a three-man vote to block information from the
public? There is no vote. It's on the agenda, it's uploaded, it's there.
You can vote on it if you'd like but it's there. What are you going to
do, delete it?
COMMISSIONER FIALA: And Commissioner --
CHAIRMAN HENNING: Are you done?
COMMISSIONER FIALA: -- we actually accepted this when we
accepted the agenda as --
COMMISSIONER HILLER: Exactly, it was. You're absolutely
right, Commissioner Fiala. There's no purpose for a vote and I thank
you for pointing that out. Thanks.
CHAIRMAN HENNING: Well, then there's no need to have any
discussion on any of these items then and take a second vote on it.
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The reason we set the agenda -- we voted on setting the agenda at
the beginning of the meeting, not on a particular item. With that said,
there's a lot of allegations.
So Jeff, if you can help me. Did I violate an ordinance by -- well,
her understanding is different than my understanding. My
understanding is I wanted to read the documents before considering --
COMMISSIONER HILLER: You didn't ask for a continuance.
There was no vote on a continuance. As a consequence it should have
been accepted.
CHAIRMAN HENNING: Did I violate any ordinance?
MR. KLATZKOW: No.
COMMISSIONER HILLER: Jeff, that's not what the law says
and that's not what you said to me. Now I'm very concerned. You're
saying one thing to me off the record and you're saying something
different publicly. And that goes to the vote on the banking as well.
I'm starting to have concerns. I expect that what you tell me privately
outside of the public forum is the same thing that you tell me publicly.
CHAIRMAN HENNING: Commissioner Hiller, you said you
were done.
COMMISSIONER HILLER: I am done.
CHAIRMAN HENNING: Okay. Can you stand away from the
mic, please. Thank you.
Do we have to vote on accepting these documents to put in the
record?
MR. KLATZKOW: You typically vote on everything on your
agenda.
CHAIRMAN HENNING: Right, okay. That's what I thought.
Is there any discussion on the motion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
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September 23, 2014
COMMISSIONER FIALA: This is just to accept them, right?
CHAIRMAN HENNING: Yeah.
All in favor of the motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
COMMISSIONER HILLER: I'm withholding a vote. There is
none required.
CHAIRMAN HENNING: Okay, you're abstaining from the
vote?
COMMISSIONER HILLER: I am.
CHAIRMAN HENNING: Okay, let me back up and say the
motion carries 3-1. Commissioner Nance wasn't here and
Commissioner Hiller abstained from the vote. Okay?
COMMISSIONER FIALA: Would it be 3-0 if somebody
abstained?
CHAIRMAN HENNING: No, it passes 3-1. There's four
Commissioners here, one abstained and three voted in favor.
MR. KLATZKOW: It's 3-0 with one abstention.
CHAIRMAN HENNING: Okay, thank you.
What's the next item?
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Item 15, staff and Commission general
communications.
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CHAIRMAN HENNING: Do you have anything?
MR. OCHS: Yes, sir, just a couple quick housekeeping items.
I received a call earlier -- actually last week from Chief Schultz at
East Naples Fire. Their fire boards both in Golden Gate and East
Naples have voted to place these signs out in their -- in front of their
stations urging their constituents to vote on November 4th.
He is asking permission on behalf of his board to allow these
signs to be placed at two stations that are jointly owned by the fire
district and the county. And he didn't want to presume that the Board
would or wouldn't approve of that. But we have two stations in the
district, one in Grey Oaks at Airport Road and Golden Gate Parkway,
and another one on the East Trail in Naples Manor. And he's simply
seeking consensus or approval from the Board that there's no objection
to them placing those same signs at those stations, encouraging their
constituents to vote on November 4th.
CHAIRMAN HENNING: And you're asking the Board if--
MR. OCHS: If they have any objections to those signs going at
those two stations.
CHAIRMAN HENNING: Any objection by the Board
members?
COMMISSIONER FIALA: Question.
COMMISSIONER COYLE: Question.
CHAIRMAN HENNING: Go ahead.
COMMISSIONER COYLE: Me?
CHAIRMAN HENNING: Sure.
COMMISSIONER COYLE: Okay.
Why aren't they governed under the same sign ordinances that
any other politician or referendum is governed under? You're not
suggesting that they just be able to put these at these two locations, are
you? Can't they put them anywhere it is legally allowed for posting
putting a political sign?
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MR. OCHS: I imagine that they can, Commissioner. The request
to me by the Chief was would there be an objection from this Board
since they're going to place these at their other stations, would there be
an objection if they placed them at these two station that are jointly
owned by --
COMMISSIONER COYLE: Well, I certainly wouldn't have any
objection. I'd encourage it, as a matter of fact. And I'd encourage
them to put these signs anywhere else they can put them too.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: He asked my question.
CHAIRMAN HENNING: Yeah, they have to ask permission of
the property owner. I guess that's what they're doing.
Any other comments, objections?
MR. OCHS: No objection to this then by the majority?
CHAIRMAN HENNING: No.
MR. OCHS: Since we're on the topic of the agenda, so to speak,
there's been a lot of discussion about the ability of the public to
comment or not have knowledge of the Board's rules on comment and
registered speakers with respect to items five and six on your agenda. I
thought as one way to make sure the public knows that, if we put this
type of a trailer on these two items, at least when they look at the
agenda they'll know in advance that speakers are not taken on those
items. So if they were going to sit here all day waiting to speak on
that, they would know when they see the index. But I didn't want to
presume that the Board wanted me to do that or not, but I thought I'd
bring it up.
CHAIRMAN HENNING: Does anybody have any objections to
the additional language on our summary agenda?
COMMISSIONER COYLE: I do have a question concerning
that. It could be a point of confusion. There's nothing which should
prevent a person from talking about two different topics. They could
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make a presentation or public petition of one topic but then sign up to
talk about another topic on the agenda. I don't think we should
prohibit that.
What I think we want to prohibit is a person taking two strikes at
the same ball. And I think we could reword this a little bit to solve that
problem. You understand what I'm saying?
CHAIRMAN HENNING: You want some kind of notification
the public is -- you know, you can't talk about other items on the
agenda, like we have under public comments.
MR. OCHS: I mean, the simple rule is right now the Board's rule
historically has been there are no speakers allowed on presentation
items and public petition items, period.
CHAIRMAN HENNING: That isn't his question. Do you want
someone kind of notification to kind of tell the public they can only
speak on -- they can't speak on the same thing over and over.
COMMISSIONER COYLE: That's right, you can speak on the
same thing twice. If you signed up to speak on an item that's on the
agenda, you can't speak about the same item on public petitions or
presentations.
CHAIRMAN HENNING: And what the County Manager's
proposing, there's no public speakers on presentation or public
petitions, is to add that language.
COMMISSIONER COYLE: Well, the County Manager is
saying that no registered speaker is permitted to speak on the items in
this section.
CHAIRMAN HENNING: No speaker. It should say no speaker.
MR. OCHS: Commissioner Coyle, to your point, if you look at
number seven below that, public comments, it's public comments on
topics not on the current or future agenda. So if somebody tried to
have two bites on an item on the current agenda, it would seem to be
prohibitive based on what you already have for public comments.
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COMMISSIONER COYLE: I'm not sure what you're telling me.
Let's just take number five, presentations. No registered speakers.
Now, that means a person who is registered to speak on something on
this agenda.
MR. OCHS: No, in this section it says.
COMMISSIONER NANCE: In this section.
MR. OCHS: Section five. It's just reminding the public or better
informing the public of--
COMMISSIONER COYLE: All right, I misinterpreted what you
were doing.
CHAIRMAN HENNING: Do you have any objections to the
addition of the summary?
COMMISSIONER FIALA: May I jump in for a second while
you're doing that?
COMMISSIONER COYLE: Well, okay, but --
COMMISSIONER FIALA: In the Coconut Tele there was an
advertisement by Mr. Wallace that everybody should come out from
Isles of Capri and speak on this subject. And so I responded and said
really nobody's allowed to speak on this subject but the person who
petitioned the county, and he's the only one that has the right to speak.
If you want to speak, you'll have to either come under public petition
or you'll have to come at a later date. And so I think it just kind of
clarifies that, you know, people can't just enlist a bunch of people to
speak after their public petition.
COMMISSIONER COYLE: Okay. I think I understand what
you're getting at. And it seems to me that it would be clearer to most
people if you were to say that only the presenter or only the petitioner
is permitted to speak on items in this section. Or no --
COMMISSIONER FIALA: Additional.
COMMISSIONER COYLE: -- yeah, no additional registered
speakers are permitted to speak on items in this section or something
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of that nature. Because I completely misinterpreted the intent here.
But there still is a concern in my mind that a person will come in
with a public petition on something that is on the agenda and make a
public petition and then come back and speak on the item that's on the
agenda.
CHAIRMAN HENNING: Those are screened by the County
Manager's Office to make sure they're not allowed.
COMMISSIONER COYLE: Make sure they're not allowed,
okay. All right.
CHAIRMAN HENNING: So what language are you proposing?
COMMISSIONER COYLE: Gaelic.
CHAIRMAN HENNING: Pardon me?
COMMISSIONER COYLE: Gaelic.
MR. OCHS: What I heard him saying was instead of saying no
registered speakers permitted, just turn it around and say only the
presenter is permitted to speak and only the petitioner is permitted to
speak on items in this section.
COMMISSIONER FIALA: That works.
MR. OCHS: Is that the consensus?
COMMISSIONER COYLE: Yeah, that was what I had
recommended. It seems to be more clearer to me that way than the
way it is currently structured.
CHAIRMAN HENNING: Yeah, we should all blame Beyrent
for this last meeting. I know that he was behind all this.
Yes, Commissioner Nance?
COMMISSIONER NANCE: Mr. Chairman, I'm afraid I
probably precipitated this. Because I suggested to Mr. Ochs that some
of the troubles that we had in our last meeting was that the public --
CHAIRMAN HENNING: It was Beyrent.
COMMISSIONER NANCE: Well, no, the public just doesn't
understand some of the rules of our decorum here. And I believe we
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need to supply people who are going to do public petitions more
structured information on how speakers respond. And I think we need
to provide that information in the hall when people sign up for speaker
slips so that they are not frustrated. Because it does create a bunch of
frustration.
And honestly, between section five, which is a presentation and a
public petition, nobody knows what that means. Nobody knows what
a presentation is. They think anybody here is presenting.
So I believe we need to take presentations and put information
only on there, just to let people know what they're all about, and do the
best we can to try to guide the public speakers through their speaker
slips and through their applications for public petitions. Because what
we had at the pleasure of the Board, we had some irregularities in that
we did take action based on presentations. And we have taken action
under Commissioners comments. And I'm actually very
uncomfortable with that.
But if we decide that we are going to -- that a presentation is so
compelling that we're going to take action, I do believe that we need to
change our rules at that time. And if we decide we're going to vote on
something, we should allow speakers to speak.
The problem is the typical citizen is not expecting an
informational presentation to be a Board action item. And therefore
that's why I'm troubled by it.
CHAIRMAN HENNING: Okay. Well, the Board can change
these rules because it's not a resolution or --
COMMISSIONER NANCE: Sure.
CHAIRMAN HENNING: -- ordinance at any time.
COMMISSIONER NANCE: Absolutely.
CHAIRMAN HENNING: So if you see that we're going afoul,
just say something.
COMMISSIONER NANCE: I think we should take a vote as a
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Board and agree if it's an informational presentation, we should not
take action on it, or bring it back as an advertised item.
CHAIRMAN HENNING: And I don't --
COMMISSIONER NANCE: Same with Commissioners
comments.
CHAIRMAN HENNING: I don't think that we should box
ourself in. If you have a concern about any action item that we're
about to do, and we've done this in the past, Commissioner Coyle is
famous for that, he says well, I think this ought to be a regular agenda
item, okay. There's nothing wrong with that.
COMMISSIONER NANCE: No, I agree. But the last -- you
know, we had an example, an unfortunate example where we had a
presentation and we decided to take action and then we insisted that
none of the people in attendance should be able to address our
decision-making. And that created some consternation from the public.
And I think it was fair criticism on their part.
So I believe if we decide to make that change that we should also
allow at least at the minimum those in attendance to opine on our
voting.
CHAIRMAN HENNING: Right. And I think that could be
action of the Board at the time.
COMMISSIONER NANCE: All right, sir, fair enough.
CHAIRMAN HENNING: Does anybody -- do you have any
problem with this particular language?
COMMISSIONER NANCE: No, sir, I think anything we add
there is helpful.
MR. OCHS: Yeah, I have a little bit of a concern now listening
to this last discussion. If I understood it correctly, the Board still has
the latitude to take action on a presentation item if the majority feels
that that's in order.
If that's the case, then I would be reluctant to say only the
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presenter is allowed to speak on the item. I might just, you know,
having listened to all this, maybe try to find a better way to get the
general rules out to the presenters and the petitioners and maybe not
put a hard and fast statement on these indexes if that cuts the Board's
flexibility off.
CHAIRMAN HENNING: We have the flexibility to -- the
suggested added language to waive it at that time. But in fairness to
the public, I think they ought to be aware of it ahead of time.
MR. OCHS: Okay.
CHAIRMAN HENNING: You know. Like Commissioner
Nance has said, you know, if it's going to be an action item then we
might waive the rules to allow the public to speak.
MR. OCHS: Yes, sir.
CHAIRMAN HENNING: Or put it on a future agenda like
Commissioner Coyle has said over and over again.
COMMISSIONER NANCE: That's preferable to me.
CHAIRMAN HENNING: Yeah, I agree.
Commissioner Hiller, do you have any input on the suggested
language?
COMMISSIONER HILLER: Yeah, I think it's absolutely
unacceptable to vote on a public presentation where speakers can't
speak. I think that is a no vote item just like public petitions are in
effect a no action item other than to direct staff to bring the petition
item back.
You know, the wording for presentations and public petitions
should be very simple, you know, there will be no public speakers on
these items, speak under public comment at 1 :00, or after 1 :00. I
mean, I think this is absolutely --
CHAIRMAN HENNING: Leo, you have a majority to add that.
Commissioner Hiller, it's my duty to recognize motions, and that's
why I recognized your motion under DEP's at the last meeting. Wasn't
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my duty to say no, you can't do that. There's no rule on not taking
motions under presentations. So I just want to tell you why I recognize
your motion to --
COMMISSIONER HILLER: Yeah, it was -- I was remiss. I
mean, there's no question. Because I wasn't thinking it in the context of
this conversation. And this conversation has brought to light to me
that that probably was the wrong thing to do and you shouldn't have
accepted it and we should have done what Commissioner Coyle said at
the time which was to wait and put it on the agenda.
And after hearing this discussion, I have to concur with
Commissioner Coyle that presentations should be relegated to that or
they should be brought under Board of County Commissioners or
County Manager with, you know, a presentation by someone on behalf
of that Board member.
But I think that if you're going to put it in that category, as I listen
to this conversation, it does create some confusion as to whether or not
there's going to be an action taken by the Board because there is no
recommendation on the part of anyone, be it a Board member or a staff
member. So I feel that I have to -- you know, on reflection, I have to
agree with Commissioner Coyle's interpretation of what should have
been done at the last meeting. And yeah, I feel going forward we
really do need to take a different tact.
Commissioner Coyle, I'm sorry, you're right.
COMMISSIONER COYLE: That's all right. I understand you
go astray from time to time.
COMMISSIONER HILLER: Hey, listen, I'm going to miss you.
COMMISSIONER COYLE: As long as you find the proper path,
it's okay.
COMMISSIONER HILLER: That's what it's all about, right?
COMMISSIONER COYLE: That's right.
But I would like to say that if there is that much agreement on the
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September 23, 2014
Board for doing that, we should notice that here also.
COMMISSIONER HILLER: Yeah.
COMMISSIONER COYLE: And say that without -- we're likely
to get too wordy here, but say that the Board will take no action on
these items or no vote on these items unless it is scheduled for a public
hearing. And that lets everybody understand what to expect there.
COMMISSIONER HILLER: Just say no vote, no vote, no public
speaking. I mean, and that's the point. I mean, the point is to allow the
public to speak on a matter that we as a Board would be voting on.
And these two items we should prospectively not vote on.
CHAIRMAN HENNING: And again, I don't want to box it in,
but I think that we're all saying the same thing.
COMMISSIONER HILLER: Could have fooled me.
CHAIRMAN HENNING: But it's up to the Board.
COMMISSIONER COYLE: Maybe one thing you could do as
Chairman is if it looks like something like that is ripe for a decision,
you could just -- we could just move it to the regular agenda and say
okay, we'll allow public speakers and we'll proceed with a decision on
this. And it's just a judgment call because we have to make sure that
there's sufficient notification of people about what's going on here.
CHAIRMAN HENNING: Right. And I know there's -- in the
past there's cases where the Board has taken action on public petitions,
okay. And we have taken votes and it's, you know, like recognizing a
business as one of the best restaurants, I forget what it was. But we
have taken votes on it. And I'm just saying, let's have some flexibility
but under public concerns. Commissioner Nance is right that, you
know, it should be continued or allow public speakers. Okay?
MR. OCHS: So am I going to add the phrase no vote will be
taken on these items, or not?
COMMISSIONER HILLER: I would say no vote on
presentations, no vote on public petitions, no public speakers on both.
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September 23, 2014
CHAIRMAN HENNING: Okay, let's --
COMMISSIONER HILLER: Actually, you could put it there or
you could put it at the front. You know how you have the -- if you go
to the first page --
MR. OCHS: Yes, ma'am, I know what --
COMMISSIONER HILLER: -- of the agenda. You could explain
it there and then you don't have to clutter up the body of the agenda.
CHAIRMAN HENNING: So let me ask the majority. Let me
get a majority, because -- and my position is you don't want to box it in
because we've found it most important to, you know, take action under
public petition. I don't think it's necessary to do that. We ought to do
it on a case-by-case basis.
Commissioner Fiala, do you want to add the language no vote
will be taken on public petitions or presentation?
COMMISSIONER FIALA: No, because there might be an
emergency and that walls us in.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: I would say no vote would be taken
unless public input is allowed.
COMMISSIONER HILLER: I agree. Because that's what it's all
about.
COMMISSIONER COYLE: And that's a judgment call. That
way you can say all right, we've got people in the audience who are
clearly aware of this situation, they want to talk. We want to make a
decision on it so we're going to allow public comment here and we'll
make a decision.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: I understand what you're trying to
do, Commissioner Coyle. But what I'm trying to do is I'm trying to be
able to put directions out there in the hall so these people can know
what their responsibilities are to fill out a speaker slip.
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September 23, 2014
COMMISSIONER HILLER: You just put that on the front page
then. I mean, that's --
COMMISSIONER NANCE: Well, you can put it on everything
that, you know, you may be able to talk under certain circumstances.
Everybody will be filling out speaker slips on everything on the
agenda. You won't gain anything.
COMMISSIONER HILLER: But that's not the point. I mean, it's
just clarity. Because we had a very significant issue at the last Board
meeting because action was taken under an item under public petition,
and then Commissioner Henning decided not to let people talk about it
under public comment --
COMMISSIONER NANCE: Ma'am I agree --
COMMISSIONER HILLER: -- or under public petition, which
was very unnerving to the public since --
CHAIRMAN HENNING: We're going to take a 10-minute
break.
(Recess.)
(Commissioners Coyle and Hiller are absent from boardroom.)
MR. OCHS: You have a live mic, sir.
CHAIRMAN HENNING: Okay. All right, where were we?
MR. OCHS: Why don't I take a stab at capturing the Board's
intent and bring something back at the next meeting. Would that work
for you, or not?
CHAIRMAN HENNING: Yeah, that's fine with me.
Commissioner Nance?
COMMISSIONER NANCE: I would love the County Manager
to do that.
MR. OCHS: It would be my pleasure.
COMMISSIONER NANCE: I think a lot of it's linguistics but it
will be helpful to the public in guiding them.
MR. OCHS: That's all I have, Mr. Chairman. Thankfully.
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September 23, 2014
CHAIRMAN HENNING: Thank you.
County Attorney?
MR. KLATZKOW: Nothing, sir.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Have you noticed people are
coming back to town? The streets are getting fuller and the stores are
getting busier. And so I just thought in case you haven't noticed the
weather's getting cold up north, I think people are coming back earlier.
So make sure you smile and let them know they're welcome.
CHAIRMAN HENNING: Oh, that's great to say, welcome our
winter residents.
Commissioner Nance?
COMMISSIONER NANCE: Yes, I just want to make a couple
of comments on a couple things on the consent agenda today.
There was two related items, 16.A.26 and 16.A.34, that had to do
with revisions regarding our temporary special event directional signs,
and it had some guidelines on how that should be done. And I'm going
to ask staff at some time in the future to bring back some additional
proposals for consideration of the Board in that regard, because I
believe that there are some temporary events in our community that
enjoy a different status than some of the commercial events that might
be contemplated here. And that is the events, for example, that we had
Mr. Wert spending hundreds of thousands of dollars to promote and
advertise because we've deemed those in the public interest. Special
recurring annual events and things that we want to promote in our
community like Swamp Buggy or the Everglades Seafood Festival or
things that we think bring in winter visitors and so on and so forth. We
spend a lot of money to promote and advertise those. I think that those
events should enjoy special treatment under the temporary sign
guidelines, because we want to get the word out.
So I think that if we deem an event -- if we have an opportunity to
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September 23, 2014
classify events as being in the public interest, that they should have
additional signs available to them under very strict and controlled
guidelines. But, you know, we want to get the word out, we want to
see them successful. And, you know, we're spending money on it, I
see no reason why we should deny it right before the event locally. We
should do whatever we can to help take it to the finish line.
COMMISSIONER FIALA: I asked that same question, because
there are things like Everglades City Seafood Festival.
COMMISSIONER NANCE: Right.
COMMISSIONER FIALA: People will drive over from other
counties even to get to it. And I felt that, you know, things like that
need to be --
COMMISSIONER NANCE: But we would have to make a
judgment as a Board that those are in the public interest and allow
them different guidelines.
Other than that, it's the first day of fall, I'm ready for it to cool
down. Thank you.
CHAIRMAN HENNING: If you're going to bring something
back, you want the County Attorney to be involved in that one. You
want to treat everybody equal.
COMMISSIONER NANCE: Oh, sure. It will go through a
process where everybody gets a chance to work within the system. I
just didn't want to pull these items from the agenda to extend our time.
CHAIRMAN HENNING: Well, and just the opposite. I mean,
I'm seeing a proliferation of illegal signs in our right-of-way, I'm
seeing banners. We're starting to look like Fort Myers, and that's
concerning to me. We spend a lot of money beautifying this
community, and in my opinion it's disrespected by some.
And that's all I've got, and I entertain a motion to adjourn.
COMMISSIONER FIALA: Motion to adjourn.
COMMISSIONER NANCE: Aye.
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September 23, 2014
CHAIRMAN HENNING: Aye. We are adjourned.
*****
**** Commissioner Hiller moved, seconded by Commissioner
Fiala and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted
Item #16A1
AN EASEMENT USE AGREEMENT BETWEEN COLLIER
COUNTY AND THE PROPERTY OWNER FOR PORTIONS OF
LOTS 3 AND 4, BLOCK C, KENSINGTON PARK PHASE ONE
PLAT, APPROVED ON FEBRUARY 23, 1993, AND RECORDED
AT PLAT BOOK 21, PAGES 62 THROUGH 67 — A RECENT
MORTGAGE SURVEY FOUND THE PROPERTY OWNER'S
POOL DECK ENCROACHED 2. 1 FEET ON A 10-FOOT LAKE
MAINTENANCE EASEMENT DEDICATED TO THE COUNTY
& KENSINGTON PARK PROPERTY OWNER'S ASSOCIATION
Item #16A2
RECORDING THE MINOR FINAL PLAT OF VERCELLI
REPLAT, APPLICATION NUMBER PL20140001449 — UNLIKE
STANDARD APPROVAL THIS METHOD DOES NOT REQUIRE
IMPROVEMENTS, A CONSTRUCTION AND MAINTENANCE
AGREEMENT, A SECURED BOND OR PHASING
Item #16A3
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September 23, 2014
RESOLUTION 2014-183 AND RESOLUTION 2014-184:
FINAL ACCEPTANCE OF ROADWAY AND DRAINAGE
IMPROVEMENTS AND PLAT DEDICATIONS FOR MADISON
PARK PHASE ONE (AR-5760) AND PHASE TWO (AR-6003)
AUTHORIZE RELEASE OF THE PLAT MAINTENANCE
SECURITIES IN THE AMOUNTS OF $63,933 AND $296,045.65,
RESPECTIVELY AND AUTHORIZE THE CHAIRMAN TO
EXECUTE A STANDARD LANDSCAPE MAINTENANCE
AGREEMENT BETWEEN COLLIER COUNTY AND MADISON
PARK HOMEOWNER'S ASSOCIATION FOR ROADWAYS
WITHIN THE PLATS
Item #16A4
A REVISED MEMORANDUM OF AGREEMENT TO REPLACE
AN APPROVED BUT NEVER EXECUTED VERSION BETWEEN
COLLIER COUNTY AND BIG CYPRESS NATIONAL
PRESERVE DETAILING TERMS OF A COMBINED EFFORT TO
RESTORE A MORE NATURAL SURFACE WATER FLOW TO A
SECTION OF THE TURNER RIVER — AFTER THE BOARD'S
JUNE 24, 2014 APPROVAL NAT'L PARK SERVICE STAFF
NOTIFIED THE COUNTY ADDITIONAL STANDARD CLAUSE
LANGUAGE WAS NEEDED IN THE AGREEMENT THAT
PROVIDES FOR THE INSTALLATION OF ADDITIONAL
CULVERTS TO DECREASE RISKD OF THE CANAL
OVERFLOWING ONTO TURNER RIVER ROAD WHICH IS
LOCATAED APPROXIMATELY 5.5 MILES EAST OF SR29
WITHIN THE BIG CYPRESS NATIONAL PRESERVE
Item #16A5
Page 162
September 23, 2014
AN EASEMENT AGREEMENT TO PURCHASE A ROAD
RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
(PARCEL152RDUE) REQUIRED FOR EXPANSION OF
GOLDEN GATE BOULEVARD FROM EAST OF WILSON
BOULEVARD TO 20TH STREET EAST. PROJECT NO. 60040
(FISCAL IMPACT: $10,521) — AN APPROXIMATELY 15,000
SQUARE FOOT PERPETUAL, NON-EXCLUSIVE EASEMENT
WITH PROPERTY LINES ALONG GOLDEN GATE
BOULEVARD E AND 4TH STREET SE AND PART OF A 5. 15
ACRE UNIMPROVED PARENT TRACT OWNED BY THE
ROBERT MENTA REVOCABLE TRUST
Item #16A6
AN EASEMENT AGREEMENT TO PURCHASE A ROAD
RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
(PARCEL 241RDUE) REQUIRED FOR EXPANSION OF
GOLDEN GATE BOULEVARD FROM EAST OF WILSON
BOULEVARD TO 20TH STREET EAST. PROJECT NO. 60040
(FISCAL IMPACT: $2,977) — AN APPROXIMATELY 1,500
SQUARE FOOT PERPETUAL, NON-EXCLUSIVE EASEMENT
WITH A PROPERTY LINE ALONG GOLDEN GATE
BOULEVARD E. AND PART OF A 1. 17 ACRE UNIMPROVED
PARENT TRACT OWNED BY ELIAS AND JULIA HUGUET
Item #16A7
AWARD RFP #14-6319 TO THE SELECTION COMMITTEE'S
NUMBER ONE RANKED FIRM ALLIED ENGINEERING &
TESTING FOR "MATERIALS VERIFICATION TESTING FOR
COLLIER BOULEVARD AND GREEN BOULEVARD PROJECT
Page 163
September 23, 2014
#68056 — TESTS TO CONFIRM CONTRACT COMPLIANCE
REQUIREMENTS ARE BEING MET THAT ARE PERFORMED
AT THE PLANT AND IN THE FIELD DEPENDING ON
MATERIAL SPECIFICATIONS
Item #16A8 — Language Added (Per Agenda Change Sheet)
RESOLUTION 2014-185: AMENDING RESOLUTION 2010-29,
RELATED TO THE DESIGNATED STEWARDSHIP SENDING
AREA "SUNNILAND FAMILY SSA 12"; APPROVING THE
EXTENSION OF CERTAIN DATES TO FEBRUARY 9, 2018 IN
THE SUNNILAND FAMILY SSA 12 CREDIT AND ESCROW
AGREEMENTS — 4,793.5 ACRES DESIGNED TO UTILIZE
STEWARDSHIP CREDITS TO PARTIALLY ENABLE
DEVELOPMENT OF THE PROPOSED ALICO SRA THAT WAS
DELAYED DUE TO THE RECENT ECONOMIC RECESSION
Item #16A9 — Language Added (Per Agenda Change Sheet)
RESOLUTION 2014-186: AMENDING RESOLUTION 2013-199,
WHICH AMENDED RESOLUTION 2008-331 RELATED TO THE
DESIGNATION OF STEWARDSHIP SENDING AREA "CLH SSA
14"; APPROVING THE EXTENSION OF CERTAIN DATES TO
NOVEMBER 18, 2017 IN THE CLH SSA 14 STEWARDSHIP
SENDING AREA CREDIT AND ESCROW AGREEMENTS —
1,713.5 ACRES IN THE RURAL LANDS STEWARDSHIP AREA
(RLSA) OVERLAY DESIGNED TO UTILIZE STEWARDSHIP
CREDITS TO PARTIALLY ENABLE DEVELOPMENT OF THE
PROPOSED TOWN OF BIG CYPRESS SRA THAT WAS
DELAYED DUE TO THE RECENT ECONOMIC RECESSION
Page 164
September 23, 2014
Item #16A10 — Language Added (Per Agenda Change Sheet)
RESOLUTION 2014-187: AMENDING RESOLUTION 2013-200,
WHICH AMENDED RESOLUTION 2008-329, RELATED TO
THE DESIGNATION OF STEWARDSHIP SENDING AREAS
"CLH AND CDC SSA 15"; APPROVING THE EXTENSION OF
CERTAIN DATES TO NOVEMBER 18, 2017 IN CLH AND CDC
SSA 15 STEWARDSHIP SENDING AREA CREDIT AND
ESCROW AGREEMENTS — AMENDING AND EXTENDING
THE AGREEMENTS CONDITIONALLY AND ACCEPTING THE
AMENDED NOTICE OF RESTRICTIONS FOR 5,259 ACRES IN
THE RURAL LANDS STEWARDSHIP AREA (RLSA) OVERLAY
THAT WAS DESIGNED TO UTILIZE STEWARDSHIP CREDITS
TO PARTIALLY ENABLE DEVELOPMENT OF THE TOWN OF
BIG CYPRESS SRA THAT WAS DELAYED DUE TO THE
RECENT ECONOMIC RECESSION
Item #16A11 — Language Added (Per Agenda Change Sheet)
RESOLUTION 2014-188: AMENDING RESOLUTION 2013-201,
WHICH AMENDED RESOLUTION 2008-330, RELATED TO
THE DESIGNATION OF STEWARDSHIP SENDING AREA
"CDC SSA 16"; APPROVING EXTENSION OF CERTAIN DATES
TO NOVEMBER 18, 2017 IN CDC SSA 16 CREDIT AND
ESCROW AGREEMENTS — EXTENDING THE AGREEMENTS
CONDITIONALLY AND ACCEPTING THE AMENDED NOTICE
OF RESTRICTIONS FOR 2,876 ACRES IN THE RURAL LANDS
STEWARDSHIP AREA (RLSA) OVERLAY DESIGNED TO
UTILIZE CREDITS TO PARTIALLY ENABLE DEVELOPMENT
OF THE PROPOSED TOWN OF BIG CYPRESS SRA DELAYED
DUE TO THE ECONOMIC RECESSION
Page 165
September 23, 2014
Item #16Al2
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY
EASEMENT (PARCEL 235RDUE) REQUIRED FOR THE
EXPANSION OF GOLDEN GATE BOULEVARD FROM EAST
OF WILSON BOULEVARD TO 20TH STREET EAST. PROJECT
NO. 60040 (FISCAL IMPACT: $3,527) —A 3,600 SQUARE FOOT
NON-EXCLUSIVE EASEMENT ALONG GOLDEN GATE
BOULEVARD E AND PART OF A 2.81 ACRE UNIMPROVED
PARENT TRACT OWNED BY JUDY M. WEIGARD
Item #16A13
RESOLUTION 2014-189: CLARIFYING THE APPLICABILITY
OF RESOLUTION 2014-155, WHICH PLACED A STAY ON
DEVELOPMENT ORDERS FOR SERVICE STATIONS WITH
MORE THAN EIGHT FUEL PUMPS WHEN A PROPOSED
FACILITY IS ADJACENT TO RESIDENTIAL PROPERTY — TO
CLARIFY THE RECENT STAY THAT HAS BEEN PLACED ON
THIS TYPE OF DEVELOPMENT IS RESTRICTED TO
PROJECTS ABUTTING NOT ADJACENT TO RESIDENTIAL
PROPERTY
Item #16A14
AWARDING INVITATION TO BID (ITB) #14-6336, "ROADWAY
SIGN INSTALLATION AND REPLACEMENT," TO MUNICIPAL
SUPPLY AND SIGN COMPANY FOR SIGN MAINTENANCE
AND REPLACEMENT — IN THE AMOUNT OF $207,179. 11 AND
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September 23, 2014
AWARDED AFTER A VISUAL ASSESSMENT DETERMINED
APPROXIMATELY 1,000 COUNTY SIGNS DO NOT MEET FHA
MINIMUM STANDARDS FOR NIGHT REFLECTIVITY AND
UNIFORM TRAFFIC CONTROL DEVICE MANUAL
REQUIREMENTS
Item #16A15 — Continued to the October 14, 2014 BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO APPROVE A RESOLUTION
AUTHORIZING THE COUNTY MANAGER TO DESIGNATE AN
OFFICIAL WHO WILL PROVIDE SIGNATURE AUTHORITY
ON BEHALF OF THE COUNTY FOR THE RESOURCES AND
ECOSYSTEM SUSTAINABILITY, TOURIST OPPORTUNITIES,
AND REVIVED ECONOMIES OF THE GULF COAST STATES
ACT OF 2012 (RESTORE) GRANT APPLICATIONS
SUBMITTED THROUGH THE FEDERAL GRANTSOLUTIONS
ONLINE GRANT MANAGEMENT SYSTEM
Item #16A16
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $259,082 FOR PAYMENT OF $532, IN
THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF
COUNTY COMMISSIONERS V. JESUS JAIME AND MARIA
MARTINEZ, CODE ENFORCEMENT BOARD CASE NO.
CELU20120008659, RELATING TO PROPERTY LOCATED AT
3014 EVERGLADES BOULEVARD S., COLLIER COUNTY,
FLORIDA — THE RESULT OF 518 DAYS OF ACCRUED FINES
FOR UNLAWFUL ELECTRICAL IMPROVEMENTS AND A
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September 23, 2014
BURIED STORAGE CONTAINER BROUGHT INTO
COMPLIANCE BY THE NEW PROPERTY OWNER MAY 1, 2014
Item #16A17
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $431,864. 18, FOR PAYMENT OF
$714. 18, IN THE CODE ENFORCEMENT ACTION ENTITLED
BOARD OF COUNTY COMMISSIONERS V. JEFFREY A.
MACASEVICH, CODE ENFORCEMENT BOARD CASE NO.
2006100314, RELATING TO PROPERTY LOCATED AT 4469
LAKEWOOD BOULEVARD, COLLIER COUNTY, FLORIDA —
BASED ON 2,158 DAYS OF ACCRUED FINES FOR PROPERTY
COMPLETELY ENCLOSED WITH SLIDING DOORS AND
WINDOWS WITHOUT OBTAINING ALL REQUIRED PERMITS
BROUGHT INTO COMPLIANCE BY A NEW OWNER ON
JUNE 23, 2014
Item #16A18
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $27,438.46, FOR PAYMENT OF
$1,888.46, IN CODE ENFORCEMENT ACTION ENTITLED
BOARD OF COUNTY COMMISSIONERS V. CAMIL CAMILI,
SPECIAL MAGISTRATE CASE NO. CEPM20130002097,
RELATING TO PROPERTY LOCATED AT 1353 BRIARWOOD
COURT, COLLIER COUNTY, FLORIDA — BASED ON 52 DAYS
OF ACCRUED FINES FOR AN UNMAINTAINED SWIMMING
POOL AND TORN SCREEN OF A POOL ENCLOSURE WITH
PROPERTY BROUGHT INTO COMPLIANCE JULY 1, 2013 BY
THE COUNTY AND IS NOW UNDER NEW OWNERSHIP
Page 168
September 23, 2014
Item #16A19
RELEASE OF A CODE ENFORCEMENT LIEN WITH A NET
ACCRUED VALUE OF $64,579.84 FOR PAYMENT OF $679.28,
IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS VS. WALTER DAVID
CRAWFORD, SPECIAL MAGISTRATE CASE NO.
CEPM20140000371, RELATING TO PROPERTY LOCATED AT
270 SUGAR LOAF LANE, COLLIER COUNTY, FLORIDA —
BASED ON 150 DAYS OF ACCRUED FINES FOR NOT
PROVIDING RUNNING WATER TO AN OCCUPIED
DWELLING WITH PROPERTY ACQUIRED JUNE 10, 2014
THRU THRU TAX DEED SALE AND JULY 11, 2014 NEW
OWNERS BROUGHT THE PROPERTY INTO COMPLIANCE BY
REMOVING THE OCCUPANTS FROM THE DWELLING
Item #16A20
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $33,112.38, FOR PAYMENT OF $562.38,
IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS V. DANIEL W. SASAKI AND
JULIE B. CARLIN-SASAKI, SPECIAL MAGISTRATE CASE NO.
CEPM20130000199, RELATING TO PROPERTY LOCATED AT
16540 CELLINI LANE, COLLIER COUNTY, FLORIDA — BASED
ON 132 DAYS OF ACCRUED FINES FOR AN UNMAINTAINED
POOL WITH THE PROPERTY BROUGHT INTO COMPLIANCE
OCTOBER 23, 2013 BY NEW OWNER DEUTSCHE BANK
Item #16A21
Page 169
September 23, 2014
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $9,119.77 FOR PAYMENT OF $1,119.77,
IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS V. WILLIAM HILDERBRAND
AND SANDRA LEONARD, SPECIAL MAGISTRATE CASE NO.
CEPM20100019517, RELATING TO PROPERTY LOCATED AT
717 CROSSFIELD CIRCLE, COLLIER COUNTY, FLORIDA —
BASED ON 32 DAYS OF ACCRUED FINES FOR AN
UNMAINTAINED POOL AND TORN SCREEN ENCLOSURE
WITH THE PROPERTY BROUGHT INTO COMPLIANCE BY
THE COUNTY NOVEMBER 15, 2011 AND A CERTIFICATE OF
TITLE IN FAVOR OF NATIONSTAR MORTGAGE RECORDED
DECEMBER 31, 2013
Item #16A22
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $54,550, FOR PAYMENT OF $450, IN
THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF
COUNTY COMMISSIONERS V. TAYLOR BEAN AND
WHITAKER MORTGAGE CORP., SPECIAL MAGISTRATE
CASE NO. CEPM20120012329, RELATING TO
PROPERTY LOCATED AT 717 CROSSFIELD CIRCLE,
COLLIER COUNTY, FLORIDA — BASED ON 220 DAYS OF
ACCRUED FINES FOR AN UNMAINTAINED POOL AND A
DAMAGED SCREEN ENCLOSURE AND FRONT DOOR AND
AS A RESULT OF FORECLOSURE WAS BROUGHT INTO
COMPLIANCE MAY 14, 2013 BY THE NEW OWNER
Item #16A23
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September 23, 2014
RELEASE OF A CODE ENFORCEMENT LIEN WITH A NET
ACCRUED VALUE OF $179,316.44, FOR PAYMENT OF
$531. 15, IN THE CODE ENFORCEMENT ACTION ENTITLED
BOARD OF COUNTY COMMISSIONERS V. JENNIFER
CAROLYN SAMUELS, CODE ENFORCEMENT BOARD CASE
NO. CESD20090000661, RELATING TO PROPERTY LOCATED
AT 4320 14TH ST. NE, COLLIER COUNTY, FLORIDA — BASED
ON 988 DAYS OF ACCRUED FINES FOR CANCELED
PERMITS ON A SINGLE FAMILY HOME AND GUESTHOUSE
FOR PROPERTY ACQUIRED VIA A TAX DEED RECORDED
SEPTEMBER 25, 2013 AND BROUGHT INTO COMPLIANCE
BY A NEW OWNER JULY 8, 2014 AFTER CONSIDERABLE
EFFORT AND OVER $195,000 IN EXPENDITURES
Item #16A24
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $11,622.86, FOR PAYMENT OF
$1,272.86, IN THE CODE ENFORCEMENT ACTION ENTITLED
BOARD OF COUNTY COMMISSIONERS V. JOSEPH AND
MARIA RANGHELLI, CODE ENFORCEMENT BOARD CASE
NO. CEPM20100007867, RELATING TO PROPERTY LOCATED
AT 11169 LONGSHORE WAY W., COLLIER COUNTY,
FLORIDA — BASED ON 108 DAYS OF ACCRUED FINES FOR
AN UNMAINTAINED POOL BROUGHT INTO COMPLIANCE
FEBRUARY 8, 2011 BY A COUNTY VENDOR PRIOR TO THE
TITLE RECORDED JANUARY 22, 2014 IN FAVOR OF
FEDERAL NATIONAL MORTGAGE ASSOCIATION
Item #16A25
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September 23, 2014
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $11,745.57, FOR PAYMENT OF $5,000,
IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS V. LEON D. AND JOAN
MCCASKEY, CODE ENFORCEMENT BOARD CASE NO.
CEVR20110014528, RELATING TO PROPERTY LOCATED AT
1335 CENTER LANE, COLLIER COUNTY, FLORIDA — BASED
ON 55 DAYS OF ACCRUED FINES FOR POSSESSING
PROHIBITED EXOTIC VEGETATION (BRAZILIAN PEPPER,
AIR POTATO AND DOWNY ROSE MYRTLE) WITHIN 200
FEET OF IMPROVED PROPERTY BROUGHT INTO
COMPLIANCE OCTOBER 15, 2012 BY LEON MCCASKEY
WHO IS ADVANCED IN AGE AND UNABLE TO PAY THE
FULL AMOUNT WHICH WAS DETAILED IN A HARDSHIP
LETTER SUBMITTED BY MR. MCCASKEY
Item #16A26
RESOLUTION 2014-190: REVISING RIGHT-OF-WAY PERMIT
FORMS FOR TEMPORARY, SPECIAL EVENT DIRECTIONAL
SIGNS, WITH A RESOLUTION UPDATING RIGHT-OF-WAY
PERMITTING FEE SCHEDULE RESOLUTION 2007-162 TO
REFLECT A $75 RELATED FEE — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16A27
REMOVING 42 ADOPT-A-ROAD SPONSORS FROM THE
Page 172
September 23, 2014
ADOPT-A-ROAD PROGRAM TO PROVIDE OPPORTUNITIES
FOR NEW SPONSORS — AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16A28
A LANDSCAPE MAINTENANCE AGREEMENT (AGREEMENT)
BETWEEN COLLIER COUNTY AND THE ROYAL WOOD
MASTER ASSOCIATION, INC. FOR LANDSCAPE PLANTING
ALONG SANTA BARBARA BOULEVARD AND REDUCING
PERMITTING FEES FROM $2,000 FOR A COMMERCIAL
LARGE RESIDENTIAL DEVELOPMENT TO $200 FOR A
RESIDENTIAL LANDSCAPING SITE — COMPRISING 1.56
ACRES IN FRONT OF ROYAL WOOD ON SANTA
BARBARA BOULEVARD THAT WILL SAVE THE COUNTY
APPROXIMATELY $1,872 IN YEARLY MAINTENANCE COSTS
Item #16A29
BUDGET AMENDMENTS TO RECOGNIZE REVENUE FOR
PROJECTS WITHIN THE TRANSPORTATION CAPITAL
FUNDS IN THE AMOUNT OF $86,599. 18 — COLLECTED FOR
THE FAIR SHARE INTERSECTIONS PROGRAM, PATHWAYS
PROGRAM, TRAFFIC IMPACT STUDY REVIEW, PLANNED
UNIT DEVELOPMENT (PUD) MONITORING/TRAFFIC
COUNTS PAYMENT-IN-LIEU AND PUD FAIR SHARE
REQUIRED TO BE TRACKED AND SPENT ON PROJECTS
IDENTIFIED FOR MITIGATION OR CONSULTANT
CONTRACTS TO PERFORM STUDIES ON BEHALF OF A
DEVELOPMENT UNDER REQUIRED MONITORING
CONDITIONS
Page 173
September 23, 2014
Item #16A30 — Continued to the October 14, 2014 BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO AUTHORIZE THE DIRECTOR OF
TRANSPORTATION ENGINEERING TO EXECUTE
STANDARD ZERO-DOLLAR CONSTRUCTION AGREEMENTS
WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION ACTING AS COORDINATOR FOR THE
COUNTY TO ENSURE ALL IMPROVEMENTS CONSTRUCTED
THROUGH THE FDOT PERMITTING PROCESS WITHIN
STATE RIGHT-OF-WAYS COMPLY WITH FDOT STANDARDS
AND CONDITIONS
Item #16A31
REVISIONS TO THE PALM RIVER PARK AGREEMENT WITH
WALLACE HOMES OF SOUTHWEST FLORIDA, INC., THE
PALM RIVER HOMEOWNERS AND CIVIC ASSOCIATION,
AND COLLIER COUNTY (PROJECT NUMBER 60184)— AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16A32
CONTRACT #14-6315, "PALM RIVER PARK" IN THE AMOUNT
OF $305,000 AWARDED TO BONNESS INC. FOR SIDEWALK
AND LANDSCAPE IMPROVEMENTS (PROJECT #60184) —
INCLUDES 5-FOOT WIDE SIDEWALKS WITH A BRICK
PLAZA ON PIPER BOULEVARD NORTH OF IMMOKALEE RD
Item #16A33
Page 174
September 23, 2014
INTERLOCAL AGREEMENTS WITH CITY OF MARCO
ISLAND AND THE CITY OF NAPLES AND AUTHORIZING
DISPOSITION OF TRAFFIC OPERATION EQUIPMENT TO
THOSE CITIES PER BOARD AGREEMENTS PREVIOUSLY
EXECUTED WITH FDOT — AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16A34
REVISIONS TO THE CONSTRUCTION STANDARDS
HANDBOOK FOR WORK WITHIN PUBLIC RIGHT-OF-WAYS,
RELATED TO PERFORMANCE BONDS FOR IMPROVEMENTS
IN PUBLIC RIGHTS-OF-WAYS, AND CERTAIN COSMETIC
REVISIONS AND ALLOWING STAFF TO FURTHER AMEND
THE HANDBOOK FOR FUTURE BOARD CONSIDERATION —
UPDATING PROVISIONS RELATED TO PERFORMANCE
BONDS BY ESTABLISHING THRESHOLDS WITH PROJECTS
IN THE PUBLIC RIGHT-OF-WAY THAT EXCEED $250,000
WILL REQUIRE A PERFORMANCE BOND AND PROJECTS
IN EXCESS OF $500,000 A BOND AND A BOARD-APPROVED
AGREEMENT WITH THE EXCEPTION OF UTILITY
COMPANIES AND FRANCHISEES THAT WOULD SUBMIT A
BLANKET PERFORMANCE BOND, IN LIEU OF BOND
REQUIREMENTS TO COVER MAINTENANCE AND REPAIRS
Item #16B1
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
(BCC), IN ITS CAPACITY AS THE COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY (CRA),
Page 175
September 23, 2014
AUTHORIZE ITS CHAIRMAN TO NOTIFY THE UNITED
STATES DEPARTMENT OF AGRICULTURE (USDA) OF ITS
TERMINATION OF THE RURAL BUSINESS ENTERPRISE
GRANT (RBEG) AGREEMENT VALUED AT $35,000 FOR A
FEASIBILITY STUDY FOR THE IMMOKALEE BUSINESS
DEVELOPMENT CENTER (IBDC) WHICH IS NO LONGER
OPERATED BY THE CRA. APPROVAL OF THIS ITEM WILL
ALLOW LOCAL CRA FUNDS (FUND 186) IN THE AMOUNT
OF $2,528.79 TO BE USED TO PAY THE TOTAL PROJECT
EXPENDITURE IN LIEU OF USING USDA GRANT FUNDS —
TERMINATED BY USING A CONVENIENCE CLAUSE
IDENTIFIED IN THE AGREEMENT AND BASED ON THE
FOLLOWING: THE IBDC CEASED AFFILIATION WITH THE
CRA AND COUNTY ON JULY 31, 2014 AND IS NOW THE
NON-PROFIT KNOWN AS IMBIZ, INC.; THE DEADLINE TO
DELIVER THE STUDY TO THE USDA WAS JULY 31, 2014;
THE CONSULTANT RELOCATED TO NORTH CAROLINA
AND GIVEN THE CURRENT STATUS OF THE IBDC IT IS
NOT IN THE BEST INTEREST OF THE COUNTY TO HAVE
THE STUDY DONE
Item #16B2
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
(BCC), AS THE COMMUNITY REDEVELOPMENT AGENCY
(CRA), APPROVE A BUDGET AMENDMENT REFLECTING A
BUDGET INCREASE IN THE AMOUNT OF $633,739.04
RELATED TO A PREVIOUSLY APPROVED DISASTER
RECOVERY ENHANCEMENT FUNDS (DREF) GRANT
AGREEMENT BETWEEN THE BCC & IMMOKALEE CRA —
AN INCREASE TO THE ORIGINAL $2,011,955.46 FUNDING
Page 176
September 23, 2014
AWARD FOR GRANT #12DB-P5-09-21-01-K39 ADMINISTERED
BY HOUSING, HUMAN & VETERAN SERVICES TO
IMPLEMENT THE IMMOKALEE STORMWATER MASTER
PLAN PROJECT NO. 33214. 1
Item #16C1
SELECTION COMMITTEE RANKINGS AND AUTHORIZING
STAFF TO PROCEED TO THE NEXT STEP IN THE SELECTION
PROCESS FOR REQUEST FOR PROPOSAL #14-6287, DESIGN
AND RELATED SERVICES FOR DEEP INJECTION WELLS
PROJECT NUMBER 70104 — STEP TWO WILL INCLUDE FINAL
PROPOSALS FROM CDM SMITH, INC., MWH AMERICAS,
INC. AND URS CORPORATION THAT WILL BE REVIEWED
BY THE COMMITTEE TO DETERMINE FINAL RANKING FOR
BOARD CONSIDERATION AFTER WHICH NEGOTIATIONS
WITH THE CHOSEN FIRM WILL TAKE PLACE AND A
CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES
WILL BE SUBMITTED FOR BOARD APPROVAL
Item #16C2
BID #14-6260, "HAZARDOUS MATERIALS MANAGEMENT
CONTRACTOR," AWARDED TO E.Q. FLORIDA, INC. — A
4-YEAR CONTRACT FOR SERVICES THAT INCLUDE
COLLECTION, IDENTIFICATION AND PROPER DISPOSAL OF
MATERIAL FROM THE COUNTY'S HAZARDOUS MATERIAL
COLLECTION CENTER, RECYCLING CENTERS AND
HAZARDOUS COLLECTION THROUGHOUT THE COUNTY
AS NEEDED AND DURING EMERGENCIES WITH STAFF'S
REQUEST THAT THE $500,000 ANNUAL CAP BE INCREASED
Page 177
September 23, 2014
AN $250,000 TO COVER A 6 MONTH CONTRACT EXTENSION
DUE TO NEGOTIATIONS WITH FY14 COST ESTIMATES OF
$690,000 AND FY15 OF $960,000 DUE TO AN INCREASE IN
DISPOSAL COSTS AND VOLUME OF WASTE
Item #16C3
RESOLUTION 2014-191 : AUTHORIZING EXECUTION AND
DELIVERY OF A UTILITY WORK AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO
LOCATE, PROTECT AND ADJUST IF NECESSARY COLLIER
COUNTY WATER-SEWER DISTRICT (CCWSD) UTILITIES IN
CONJUNCTION WITH FDOT'S PROJECT TO RESURFACE
AND REPLACE SIGNAL MAST ARMS ALONG SR84 (DAVIS
BOULEVARD) BETWEEN AIRPORT-PULLING ROAD AND
HERITAGE TRAIL — FOR UNDERGROUND WATER AND
WASTEWATER FACILITIES WITH WORK CONTRACTED,
MANAGED AND COSTS ASSOCIATED PAID BY CCWSD FOR
THE PROJECT THAT WILL BEGIN IN 2015
Item #16C4 — Language Corrected (Per Agenda Change Sheet)
RESOLUTION 2014-192: AN ANNUAL RATE RESOLUTION TO
ESTABLISH FEES, RATES, AND CHARGES FOR THE USE OF
COLLIER COUNTY SOLID WASTE FACILITIES, INCLUDING
LANDFILL TIPPING FEES, DROP-OFF RECYCLING CENTER
FEES AND RESIDENTIAL MULTI-FAMILY & COMMERCIAL
WASTE COLLECTION FEES THAT FUND THE FY15 BUDGET
FOR SOLID WASTE COLLECTION AND DISPOSAL — BASED
ON MANDATORY SOLID WASTE COLLECTION & DISPOSAL
ASSESSMENTS AND USER FEES FOR COLLIER COUNTY
Page 178
September 23, 2014
LANDFILL, IMMOKALEE'S TRANSFER STATION AND THE
(4) RECYCLING DROP-OFF CENTERS IN NAPLES, NORTH
COLLIER, CARNESTOWN AND ON MARCO ISLAND
Item #16D1
A BUDGET AMENDMENT FOR U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) FY2014-15
IN THE AMOUNT OF $2,945,603; BUDGET ENTITLEMENTS
AS APPROVED IN THE HUD ANNUAL ACTION PLAN AND
APPROVE STANDARD HUD ENTITLEMENT AGREEMENTS
UPON ARRIVAL; APPROVE EIGHT SUBSTANTIAL
AMENDMENTS AND NINE SUBRECIPIENT AGREEMENTS
ASSOCIATED WITH THE FY2014-15 ACTION PLAN, AND ONE
AGREEMENT AMENDMENT TO HUD'S FY2013-14 ANNUAL
ACTION PLAN; ALL FOR THE COMMUNITY DEVELOPMENT
BLOCK GRANT, HOME INVESTMENT PARTNERSHIP AND
EMERGENCY SOLUTION GRANT PROGRAMS — AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16D2
RELEASE OF LIEN TO ACKNOWLEDGE COMPLETION OF
REQUIREMENTS IN THE AGREEMENT AUTHORIZING AN
AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING
COVENANTS AND RESTRICTIONS ON REAL PROPERTY FOR
THE BEAR CREEK APARTMENTS — TO SATISY A 1992 LIEN
THAT WAS NEVER RELEASED PLACED ON BEAR CREEK OF
NAPLES, LTD FOR AN AGREEMENT THAT AUTHORIZED
CONSTRUCTION OF 119 BONUS UNITS ON THE PROPERTY
WITH TERMS ENDING APRIL 21, 2010
Page 179
September 23, 2014
Item #16D3
ACCEPT AND RATIFY FEE WAIVERS GRANTED BY THE
DIRECTOR OF DOMESTIC ANIMAL SERVICES FOR THE
PERIOD OF FEBRUARY 1, 2014 THROUGH JULY 31, 2014 IN
ACCORDANCE WITH THE PROCESS ESTABLISHED BY
RESOLUTION NO. 2014-29 — WAIVING $250 IN FEES FOR
FIELD SURRENDERS AND BOARD FOR QUARANTINED
ANIMALS AT THE DISCRETION OF THE DIRECTOR TO
PREVENT AN ANIMAL'S SUFFERING, ENSURE PUBLIC
SAFETY AND WHEN NO OTHER ALTERNATIVE EXISTS
Item #16D4
RESOLUTION 2014-193: REMOVING UNCOLLECTIBLE
RECEIVABLES IN THE AMOUNT OF $39,346.05 FROM PARKS
AND RECREATION DEPARTMENT'S FINANCIAL RECORDS
IN ACCORDANCE WITH RESOLUTION 2006-252 AND
AUTHORIZE THE CHAIR TO EXECUTE ATTACHED
RESOLUTION — TO REMOVE 334 RECORDS RELATED TO
RENTALS, MEMBERSHIPS, CHILDCARE AND VARIOUS
PROGRAMS FOR CHARGES THAT WERE NEVER PAID
Item #16D5
THREE MORTGAGE SATISFACTIONS FOR STATE HOUSING
INITIATIVES PARTNERSHIP PROGRAM LOANS IN THE
COMBINED AMOUNT OF $62,500 — MORTGAGES
SATISFACTIONS FOR PROPERTY IN NAPLES AT 1875
Page 180
September 23, 2014
FLORIDA CLUB DRIVE #7103, 387 VALLEY STREAM CIRCLE
AND 8274 KEY ROYAL CIRCLE #1013
Item #16D6
SATISFACTION OF MORTGAGE FOR THE STATE HOUSING
INITIATIVES PARTNERSHIP PROGRAM, ACCEPTING
$1,637. 10 TO SATISFY THE SHIP MORTGAGE IN
ACCORDANCE WITH THE BOARD'S SHORT SALE POLICY —
FOR PROPERTY AT 7338 BRISTOL CIRCLE, NAPLES
Item #16D7
A STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM
SATISFACTION AND RELEASE OF LIEN IN THE AMOUNT OF
$5,793.82 FOR AN OWNER OCCUPIED AFFORDABLE
HOUSING DWELLING UNIT WHERE OBLIGATION HAS BEEN
REPAID IN FULL — DEFERRED SHIP IMPACT FEES PAID FOR
PROPERTY AT 8274 KEY ROYAL CIRCLE, NAPLES
Item #16D8
A BUDGET AMENDMENT RECOGNIZING $21,758.51 IN
PROGRAM INCOME REVENUE GENERATED BY
AFFORDABLE RENTAL PROPERTIES ACQUIRED UNDER
THE NEIGHBORHOOD STABILIZATION PROGRAM NSP1 —
FOR RENTAL INCOME GENERATED BY THE GILCHRIST
STREET APARTMENTS THAT WILL BE USED TO FUND
ADMINISTRATION AND PROGRAM ACTIVITIES
Item #16D9
Page 181
September 23, 2014
DECLARATION OF RESTRICTIVE COVENANTS FOR THE
IMMOKALEE SOUTH PARK PROJECT AS PART OF CDBG
PROGRAM REQUIREMENTS — TO ENSURE OBJECTIVES ARE
MET BY REGULATING AND RESTRICTING USE AND
OCCUPANCY OF THE PROPERTY FOR A 5-YEAR PERIOD
Item #16D10
AFTER-THE-FACT ELECTRONIC SUBMITTAL OF A SENIOR
CORPS RETIRED AND SENIOR VOLUNTEER PROGRAM
GRANT APPLICATION FOR FY 14-15 TO THE CORPORATION
FOR NATIONAL AND COMMUNITY SERVICE AND A
BUDGET AMENDMENT PRIOR TO EXECUTION OF THE
FUNDING AWARD — REQUESTING MAXIMUM FUNDS OF
$56,022 PERMITTED UNDER THIS APPLICATION THAT
INCLUDES A 30% LOCAL MATCH FOR A 3-YEAR GRANT
COMMITMENT PERIOD THE WILL END JUNE 30, 2015
Item #16D11
STATE-REQUIRED AMENDMENT NO. 1 TO SUBRECIPIENT
AGREEMENTS WITH DAVID LAWRENCE MENTAL HEALTH
CENTER, INC., NAMI OF COLLIER COUNTY, INC. AND THE
COLLIER COUNTY SHERIFF'S OFFICE ADDING PROVISIONS
FOR PROPER ACCOUNTABILITY OF STATE RESOURCES
AND A PROPERTY CLAUSE FOR PURCHASE OF TANGIBLE
PERSONAL PROPERTY — DUE TO RECENT DEPARTMENT
OF FINANCIAL SERVICES AUDIT FINDINGS PROVISIONS
HAVE BEEN ADDED TO THE CRIMINAL JUSTICE MENTAL
HEALTH SUBSTANCE ABUSE PROGRAM AGREEMENTS
Page 182
September 23, 2014
APPROVED BY THE BOARD ON JUNE 10, 2014 THAT ARE
EFFECTIVE JULY 1, 2014 THRU MAY 31, 2017
Item #16D12
SUBORDINATION OF AN AFFORDABLE HOUSING DENSITY
BONUS LIEN TO ALLOW REFINANCING OF THE FIRST
MORTGAGE — ALLOWING THE HOMEOWNER TO LOWER
HIS MONTHLY MORTGAGE ON PROPERTY IN AVE MARIA
AT 5182 BECKTON ROAD
Item #16D13
A 5-YEAR UPDATE OF THE FINAL MANAGEMENT PLAN
FOR THE CONSERVATION COLLIER NANCY PAYTON
PRESERVE — THE PRESERVE LOCATED IN NORTH BELLE
MEADE HAS BEEN OWNED BY THE COUNTY SINCE 2005
Item #16D14
TWO MORTGAGE SATISFACTIONS FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP PROGRAM LOAN IN
THE COMBINED AMOUNT OF $27,485 — FOR SHIP LOANS ON
PROPERTY AT 3570 20TH AVENUE NE AND 4460 10TH
AVENUE NE, NAPLES
Item #16D15
AFTER-THE-FACT AMENDMENT AND ATTESTATION
STATEMENT WITH AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA, INC. FOR THE OLDER AMERICANS
Page 183
September 23, 2014
ACT PROGRAM TITLE III TO REFLECT AN INCREASE IN
GRANT FUNDING. (NET FISCAL IMPACT: $7,333) — THE
SECOND AMENDMENT AND ATTESTATION STATEMENT
FOR AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA
CONTRACT #OAA 203. 14
Item #16D16
AFTER-THE-FACT CONTRACTS, ATTESTATION
STATEMENTS, AND BUDGET AMENDMENTS TO REFLECT
ACTUAL AWARD OF THE COMMUNITY CARE FOR THE
ELDERLY, ALZHEIMER'S DISEASE INITIATIVE, AND HOME
CARE FOR THE ELDERLY GRANTS FROM AREA AGENCY
ON AGING FOR SOUTHWEST FLORIDA, INC. (NET FISCAL
IMPACT: $41,005) — FOR CONTRACTS CCE 203. 14, ADI 203.14
AND HCE 203. 14
Item #16D17
AFTER-THE-FACT APPROVAL OF AN ELECTRONIC
SUBMITTAL OF THE SENIOR CORPS RETIRED AND SENIOR
VOLUNTEER PROGRAM 2015-2018 COMPETITION GRANT
APPLICATION TO THE CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE — IF AWARDED THE ANNUAL
GRANT REQUEST PERMITTED UNDER THIS APPLICATION
IS $54,522 SUPPLEMENTED BY A 30% LOCAL MATCH WITH
THE GRANT CYCLE JULY 1, 2015 THRU JUNE 30, 2018
Item #16D18
Page 184
September 23, 2014
AN AGREEMENT IN THE AMOUNT OF $107,283 WITH THE
AGENCY FOR HEALTH CARE ADMINISTRATION AND AN
AGREEMENT WITH COLLIER HEALTH SERVICES TO
PARTICIPATE IN THE MEDICAID LOW INCOME POOL
PROGRAM, GENERATING $158,007 IN FEDERAL MATCHING
FUNDS THAT WILL PROVIDE ADDITIONAL HEALTH
SERVICES FOR CITIZENS IN COLLIER COUNTY — FUNDS
WILL BE TRANSFERRED TO AHCA AND THEN REMITTED
TO CHS FOR SERVICES FOR INCOME-QUALIFIED CLIENTS
Item #16D19
RFP #14-6277 "MUSEUM FACILITY EVENT COORDINATOR"
AWARDED TO CATERMASTERS, INC. — A THREE YEAR
AGREEMENT WITH AN OPTION TO RENEW FIVE (5)
ADDITIONAL 1-YEAR PERIODS TO OFFSET MUSEUM
OPERATING EXPENSES BY RENTING MUSEUM FACILITIES
FOR PRIVATE FUNCTIONS AFTER NORMAL BUSINESS
HOURS AND THE COUNTY RECEIVING 17.5% OF GROSS
REVENUE FOR EVENTS BOOKED UNDER THE CONTRACT
Item #16D20
THIS WAS CONTINUED FROM THE SEPTEMBER 9, 2013
MEETING. RECOMMENDATION TO AWARD INVITATION
TO BID #14-6278RR, "AQUATIC MAINTENANCE SUPPORT
SERVICES" TO TRI-CITY POOLS, INC., TO PROVIDE
PREVENTIVE AS WELL AS ON-CALL MAINTENANCE AND
REPAIR SUPPORT FOR COUNTY-OWNED AND OPERATED
AQUATIC FACILITIES (ESTIMATED ANNUAL FISCAL
IMPACT: $80,000)
Page 185
September 23, 2014
Item #16D21
THIS WAS CONTINUED FROM THE SEPTEMBER 9, 2013
MEETING. RECOMMENDATION TO APPROVE TWO
MODIFICATIONS TO DISASTER RECOVERY GRANT
AGREEMENTS FOR DISASTER RELIEF AND LONG TERM
RECOVERY OR MITIGATION WITH THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY, AND
APPROVE TWO ASSOCIATED SUBRECIPIENT AGREEMENT
AMENDMENTS — TO EXPEND FUNDS FOR DRI GRANT
#10DB-D4-09-21-01-K09 AND #12DB-P5-09-21-01-K3 BY
EXTENDING 2014 END DATES TO 2015, REALLOCATING
FUNDS AND REVISING PLANS (NEW FISCAL IMPACT: $0)
Item #16D22
FIRST AMENDMENT TO THE AGREEMENT WITH COLLIER
COUNTY HOUSING AUTHORITY, INC. FOR A COMMUNITY
DEVELOPMENT BLOCK GRANT ELECTRICAL
REPLACEMENT PROJECT TO EXTEND THE COMPLETION
DATE AND UPDATE LANGUAGE TO SATISFY LOCAL AND
FEDERAL COMPLIANCE REQUIREMENTS — EXTENDS THE
END DATE FOR CDBG AGREEMENT CD-13-06 FROM
SEPTEMBER 30, 2014 TO MAY 31, 2015
Item #16D23
FOUR AGREEMENTS TO ALLOW PARTICIPATION IN THE
LOW INCOME POOL PROGRAM; TWO BETWEEN THE
COUNTY AND THE AGENCY FOR HEALTH CARE
Page 186
September 23, 2014
ADMINISTRATION, AND ONE EACH BETWEEN THE
COUNTY AND NAPLES COMMUNITY HOSPITAL AND
COUNTY AND PHYSICIANS REGIONAL HOSPITAL WITH
A COUNTY TOTAL FINANCIAL COMMITMENT OF UP TO
$2,400,300 — PARTICIPATING ON BEHALF OF THE
HOSPITALS WILL RESULT IN $3,535,160 OF ADDITIONAL
FEDERAL FUNDS THAT WILL BE USED TO PROVIDE
HEALTH CARE FOR LOW INCOME INDIVIDUALS
Item #16D24
CONCURRING WITH THE SELECTION OF MS. STEPHANIE
VICK AS THE NEW COLLIER COUNTY HEALTH
ADMINISTRATOR — INCLUDES A RECOMMENDATION
SUBMITTED BY STATE SURGEON GENERAL DR. JOHN
ARMSTRONG; MS. VICK HAS OVER 30 YEARS OF HEALTH
CARE EXPERIENCE INCLUDING 23 YEARS WITH COLLIER
COUNTY, SHE HOLDS A BACHELORS DEGREE IN NURSING,
A MASTERS IN HEALTH SERVICES ADMINISTRATION AND
IS A LICENSED REGISTERED NURSE
Item #16E1
CHAIRMAN TO EXECUTE THE THIRD AMENDMENT TO
MEDICAL EXAMINER CONTRACT #11-5776 WHICH WILL
EXTEND AGREEMENT TERMS TO SEPTEMBER 30, 2015 —
FOR THE CONTRACT WITH DR. MARTA COBURN, M.D.
Item #16E2
AFFIRMING AND CLARIFYING AWARD OF ITB #13-6166,
Page 187
September 23, 2014
"ELECTRICAL CONTRACTORS" TO E. B. SIMMONDS
ELECTRICAL OF NAPLES, INC., HART'S ELECTRICAL, INC.,
AND TECHNICAL MANAGEMENT ASSOCIATES, FOR
ON-CALL ELECTRICAL SERVICES CONSISTENT WITH
THE PREVIOUSLY APPROVED CONTRACT DOCUMENTS
Item #16E3
RECOMMENDATION TO SELF FUND THE GROUP DENTAL
INSURANCE PROGRAM AMENDING AGREEMENT #11-5729,
"THIRD PARTY ADMINISTRATOR FOR HEALTH BENEFITS"
WITH ALLEGIANCE BENEFIT PLAN MANAGEMENT, INC. TO
PROVIDE CLAIM ADMINISTRATION SERVICE FOR A 2-YR
PERIOD EFFECTIVE JANUARY 1, 2015, AT AN ESTIMATED
ANNUAL COST OF $58,509 — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16E4
PURCHASE OF LIABILITY, AUTOMOBILE, WORKER'S
COMPENSATION, AIRCRAFT, AIRPORT AND OTHER
INSURANCE COVERAGE FOR FY 2015 FOR THE ANNUAL
AMOUNT OF $968,081.22, A 7.98 % REDUCTION OR $83,975.52
Item #16E5
THE PURCHASE OF FLOOD INSURANCE FOR FISCAL YEAR
2015 IN THE ESTIMATED AMOUNT OF $347,100 — TO
PROTECT REAL AND PERSONAL PROPERTY ASSETS OF
COUNTY OWNED PROPERTY AGAINST LOSSES CAUSED BY
FLOOD IN SPECIAL FLOOD HAZARD AREAS
Page 188
September 23, 2014
Item #16E6
RESOLUTION 2014-194: PAY AND CLASSIFICATION PLANS
FOR THE COUNTY MANAGER'S AGENCY AND COUNTY
ATTORNEY'S OFFICE EFFECTIVE OCTOBER 1, 2014;
PROVIDING FOR A GENERAL WAGE ADJUSTMENT OF UP
TO A $1,000 ALLOWING FOR MARGINAL DIFFERENCES FOR
HOURLY RATES DUE TO SYSTEM ROUNDING OR 2%
INCREASE TO BASE PAY, WHICHEVER IS GREATER,
EFFECTIVE OCTOBER 4, 2014; AND APPROVING CREATION
OF NEW CLASSIFICATIONS, MODIFICATION AND/OR
DELETION OF CLASSIFICATIONS AND ASSIGNMENT OF
PAY RANGES FROM THE PROPOSED PAY AND
CLASSIFICATION PLANS, FROM JULY 1, 2014 FORWARD
USING THE EXISTING "ARCHER" POINT-FACTOR JOB
EVALUATION SYSTEM
Item #16E7
A US DEPARTMENT OF INTERIOR NATIONAL PARK
SERVICE BIG CYPRESS NATIONAL PRESERVE SPECIAL USE
PERMIT FOR A ONE-YEAR LEASE EXTENSION FOR THE
CARNSTOWN SHERIFF'S SUBSTATION — THE ORIGINAL
50 YEAR LEASE EXPIRES AUGUST 31, 2014 FOR PROPERTY
OWNED BY THE INTERIOR WITH NO ANNUAL RENT
ALTHOUGH STAFF HAS REQUESTED $100,000 FOR
REQUIRED IMPROVEMENTS (PERMIT #14288)
Item #16E8
Page 189
September 23, 2014
REQUEST FOR QUOTATION #14-6286 , COMPUTERS FOR
EMS AWARDED TO CDW GOVERNMENT, INC., UTILIZING
THE NATIONAL IPA COOPERATIVE CONTRACT, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE FAIR MARKET
VALUE LEASE AGREEMENT WITH VAR RESOURCES, INC.,
FOR A TOTAL OF $130,285.08 OVER THREE YEARS
Item #16E9
INVITATION TO BID #14-6308 "FLEET AND EQUIPMENT
SERVICES" AWARDED TO MULTIPLE VENDORS FOR FLEET
MANAGEMENT SERVICES, REPAIR PARTS AND
ACCESSORIES — WITH THE VENDORS: DAVALCO
ENTERPRISES, INC., DEVOE BUICK CADILLAC DEVOE
COLLUSION NAPLES, FL, RELIABLE TRANSMISSION
SERVICE RIVERVIEW, FL AND TAMPA TRUCK CENTERS
D/B/A FT MYERS FREIGHTLINER, FT. MYERS, FL
Item #16E10
AN AGREEMENT AND AUTHORIZING A BUDGET
AMENDMENT IN AN AMOUNT NOT TO EXCEED $62,000
FROM RESERVES IN THE GOLDEN GATE ESTATES LAND
SALES TRUST FUND TO PROVIDE BIG CORKSCREW ISLAND
FIRE CONTROL AND RESCUE DISTRICT FUNDING FOR THE
PURCHASE OF EIGHT MOBILE DATA TERMINALS,
INSTALLATION AND TECHNICAL SUPPORT AND
SOFTWARE UPDATE FOR A STATION ALERTING SYSTEM —
TO SUPPORT SYSTEM UPGRADES FOR A MORE RAPID
DISPATCH OF EMERGENCY CALLS, TO PROVIDE AUTO
UPDATES TO CALLS WHILE UNITS ARE EN ROUTE AND
Page 190
September 23, 2014
WILL ALLOW FOR A REDUCED RESPONSE TIME FOR
EMERGENCY PERSONNEL AND APPARATUS
Item #16F1
A120-DAY EXTENSION TO THE AGREEMENT WITH THE
PARTNERSHIP FOR COLLIER'S FUTURE ECONOMY
INCORPORATED — TO ALLOW TIME FOR THE PUBLIC
PRESENTATION OF THE COMMUNITY AND ECONOMIC
DEVELOPMENT STRATEGIC PLAN ON OCTOBER 7, 2014
AND DEVELOP THE TERMS AND CONDITIONS OF A
SUCCESSOR AGREEMENT BASED ON RECOMMENDATIONS
Item #16F2
AN AMENDMENT TO THE TEMPORARY USE AGREEMENT
WITH KRAFT OFFICE CENTER LLC, FOR THE NO COST USE
OF FURNISHED OFFICE SPACE FOR THE PILOT LAUNCH OF
THE SOFT LANDING BUSINESS ACCELERATOR PROJECT —
WITH AMENDED SQUARE FOOTAGE THAT TOTALS
APPROXIMATELY 800 SQUARE FEET
Item #16F3
RESOLUTION 2014-195: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2013-14
ADOPTED BUDGET
Item #16F4
Page 191
September 23, 2014
BOARD OF COUNTY COMMISSIONER'S REVIEW AND
APPROVAL OF THE PROPOSED FY2015 ACTION PLAN FOR
LEO E. OCHS, JR., COUNTY MANAGER
Item #16F5
A ONE-YEAR EXTENSION TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS AND THE EARLY LEARNING
COALITION OF SOUTHWEST FLORIDA, INC., TO PROVIDE
FUNDING IN THE AMOUNT OF $75,000 IN FISCAL YEAR 2015
Item #16F6
RESOLUTION 2014-196: AUTHORIZING REMOVAL OF NON-
SUFFICIENT FUNDS (NSF) CHECKS IN THE AMOUNT OF
$196,097.81 DEEMED UNCOLLECTIBLE FROM THE
FINANCIAL RECORDS OF COLLIER COUNTY IN
ACCORDANCE WITH RESOLUTION 2006-252 — NSF CHECKS
COVER THE PERIOD OF TIME 1988 THRU 2013 AND ENTAIL
20 FUNDS WITH 864 CHECKS THAT TOTAL $196,097.81
Item #16H1
RESOLUTION 2014-197: APPOINTING KEN DAWSON (TO
THE REMAINDER OF A TERM EXPIRING MARCH 31, 2017)
AND HENRY BACHMAN (TO THE REMAINDER OF A TERM
EXPIRING MARCH 31, 2018) TO PELICAN BAY SERVICES
DIVISION BOARD
Item #16H2
Page 192
September 23, 2014
RESOLUTION 2014-198: REAPPOINTING MARK STRAIN,
(REPRESENTING THE COLLIER COUNTY PLANNING
COMMISSION) FOR A TERM EXPIRING OCTOBER 1, 2017
TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE
Item #16H3
RESOLUTION 2014-199: REAPPOINTING KATHLEEN
DAMMERT AND ROBERT SLEBODNIK TO TERMS EXPIRING
OCTOBER 1, 2018 TO THE LELY GOLF ESTATES
BEAUTIFICATION MSTU ADVISORY COMMITTEE
Item #16H4
RESOLUTION 2014-200: APPOINTING STEPHEN KOZIAR
REPRESENTING THE CITY OF MARCO ISLAND (TO FILL THE
REMAINDER OF A TERM EXPIRING MAY 22, 2017) TO
COLLIER COUNTY COASTAL ADVISORY COMMITTEE
Item #16H5
RESOLUTION 2014-201 : APPOINTING WILLIAM SCOTT AND
ROBERT ANDERSON (TO TERMS THAT WILL EXPIRE ON
THE COMMITTEE'S JUNE 12, 2015 SUNSET DATE) TO THE
ALL TERRAIN VEHICLE PARK AD HOC COMMITTEE IN
ORDER TO REACH A QUORUM FOR FUTURE MEETINGS
Item #16H6
RESOLUTION 2014-202: APPOINTING ALLISON KRIDER (TO
Page 193
September 23, 2014
FULFILL A TERM EXPIRING FEBRUARY 9, 2018) AND
ROBERT CHALHOUB (TO FULFILL A TERM EXPIRING
MAY 10, 2017) TO THE HEALTH FACILITIES AUTHORITY
Item #16J1
BOARD DECLARATION OF EXPENDITURES SERVING A
VALID PUBLIC PURPOSE AND APPROVAL OF
DISBURSEMENTS FOR THE PERIOD OF AUGUST 28, 2014
THROUGH SEPTEMBER 03, 2014
Item #16J2
BOARD DECLARATION OF EXPENDITURES SERVING A
VALID PUBLIC PURPOSE AND APPROVAL OF
DISBURSEMENTS FOR THE PERIOD OF SEPTEMBER 4, 2014
THROUGH SEPTEMBER 10, 2014
Item #16J3
BOARD DECLARATION OF EXPENDITURES SERVING A
VALID PUBLIC PURPOSE AND APPROVAL OF
DISBURSEMENTS FOR THE PERIOD OF SEPTEMBER 11, 2014
THROUGH SEPTEMBER 17, 2014
Item #16J4
TAX COLLECTOR'S REQUEST FOR ADVANCE
COMMISSIONS IN ACCORDANCE WITH FLORIDA STATUTE
192. 102(1) FOR FY2015 — A STATEMENT FOR COMMISSIONS
IN THE AMOUNT OF $994, 596.88
Page 194
September 23, 2014
Item #16K1
COUNTY ATTORNEY TO FILE A LAWSUIT ON BEHALF OF
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
AGAINST VINEYARDS DEVELOPMENT CORPORATION,
DEBRA LEE GOGAN, AMELIA SOSA, AND ASTRID RAMIREZ
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL
CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA, TO
RECOVER DAMAGES FOR THE REPAIR OF A TRAFFIC
CONTROL BOX IN THE AMOUNT OF $30,771 .56, PLUS COSTS
OF LITIGATION — THE RESULT OF AN OCTOBER 29, 2013
VEHICLE ACCIDENT THAT CAUSED SIGNIFICANT DAMAGE
TO A COUNTY OWNED TRAFFIC CONTROL BOX ON THE
SOUTHEAST CORNER OF PINE RIDGE ROAD AND
WHIPPOORWILL LANE
Item #16K2
JOINT MOTION AND FINAL JUDGMENT IN THE AMOUNT OF
$8,187.50 FOR PARCEL 175RDUE IN THE LAWSUIT STYLED
COLLIER COUNTY, FLORIDA V. ROBERT E. WILLIAMS, TR.,
ET AL., CASE NO. 14-CA-816 FOR THE COLLIER
BOULEVARD EXPANSION (PROJECT NO. 68056). (FISCAL
IMPACT $4,987.50) — FOR A 1,500 SQUARE FOOT ROADWAY,
DRAINAGE AND UTILITY EASEMENT
Item #16K3
BOARD OF COUNTY COMMISSIONER'S REVIEW AND
APPROVAL OF THE PROPOSED FY 2014-2015 ACTION PLAN
Page 195
September 23, 2014
FOR COUNTY ATTORNEY JEFFREY A. KLATZKOW
Item #16K4
COUNTY ATTORNEY TO FILE A LAWSUIT ON BEHALF OF
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
AGAINST MICHAEL H. CHALFIN AND TYLER R. CHALFIN IN
THE COUNTY COURT OF THE TWENTIETH JUDICIAL
CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA, TO
RECOVER DAMAGES FOR THE REPAIR OF A COUNTY
VEHICLE AND A COUNTY ROAD SIGN IN THE AMOUNT OF
$7,348.79, PLUS COSTS OF LITIGATION — THE RESULT OF A
MARCH 17, 2014 VEHICLE ACCIDENT AT THE GOLDEN
GATE PARKWAY AND SANTA BARBARA BOULEVARD
INTERSECTION THAT DAMAGED A COUNTY VEHICLE AND
ROAD SIGN
Item #17A
ORDINANCE 2014-35: AMENDING ORDINANCE 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH ESTABLISHED COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA BY AMENDING APPROPRIATE
ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF HEREIN DESCRIBED REAL PROPERTY
FROM A RURAL AGRICULTURAL ZONING DISTRICT (A), A
RURAL AGRICULTURAL ZONING DISTRICT WITH AN ST
OVERLAY (A-ST), A RURAL AGRICULTURAL ZONING
DISTRICT WITH A RURAL FRINGE MIXED USE SENDING
LANDS OVERLAY AND NATURAL RESOURCE PROTECTION
Page 196
September 23, 2014
OVERLAY (A-RFMUD-NRPA), AND AN AGRICULTURAL
ZONING DISTRICT WITH A RURAL FRINGE MIXED USE
SENDING LANDS OVERLAY AND SPECIAL TREATMENT
OVERLAY AND NATURAL RESOURCE PROTECTION AREA
OVERLAY (A-RFMUD-ST-NRPA) TO A RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT
TO ALLOW UP TO 590 DWELLING UNITS FOR A PROJECT TO
BE KNOWN AS WILLOW RUN RPUD ON PROPERTY AT 9220
COLLIER BOULEVARD IN SECTIONS 11, 12, 13 AND 14,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA CONSISTING OF 559+ ACRES; AND BY PROVIDING
AN EFFECTIVE DATE (PUDZ-PL20130000682)
Item #17B
RESOLUTION 2014-203: PETITION VAC-PL20140001704, TO
DISCLAIM, RENOUNCE AND VACATE THE PRESERVE AND
DETENTION EASEMENT IN TRACT "A", AIRPORT ROAD
SUBDIVISION ACCORDING TO PLAT BOOK 24, PAGES 82
THROUGH 83 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, LOCATED IN SECTION 12, TOWNSHIP
49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA
Item #17C
RESOLUTION 2014-204: RENAMING CREEKSIDE WAY
ARTHREX BOULEVARD, LOCATED IN CREEKSIDE
COMMERCE PARK WEST UNIT ONE, TRACT R, EAST OF
GOODLETTE-FRANK ROAD AND JUST SOUTH OF
IMMOKALEE ROAD IN SECTION 27, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA
Page 197
September 23, 2014
Item #17D
RESOLUTION 2014-205: APPROVING AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2013-14
ADOPTED BUDGET
Item #17E
RESOLUTION 2014-206: APPROVING AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2014-15
ADOPTED BUDGET
Page 198
September 23, 2014
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 3:23 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
rj,#•%,, .
TOM HENN , CHAIRMAN
ATTEST:
DWIGHT t BROCK, CLERK
a ' --')' .e':*
attest as Nis
These minutes appr,Oved by the Board on 34-frior 2 g /0 14
as presented V or as corrected
Transcript prepared on behalf of Gregory Court Reporting,
Incorporated by Cherie' R. Nottingham, CSR.
Page 199