BCC Minutes 11/18/2014 R BCC
REGULAR
MEETING
MINUTES
November 18, 2014
November 18, 2014
TRANSCRIPT OF THE MEETING
OF THE BOARD OF COUNTY COMMISSIONERS
Naples, Florida, November 18, 2014
LET IT BE REMEMBERED, that the Collier County
Commissioners, in and for the County of Collier, and also acting as the
Board of Zoning Appeals and as the governing board(s) of such special
districts as have been created according to law and having conducted
business herein, met on this date at 9:00 a.m. in REGULAR SESSION
in Building "F" of the Government Complex, East Naples, Florida,
with the following members present:
Chairman: Tom Henning
Tim Nance
Donna Fiala
Penny Taylor
Georgia Hiller
ALSO PRESENT:
Leo E. Ochs, Jr., County Manager
Jeffrey Klatzkow, County Attorney
Crystal Kinzel, Office of the Clerk of Courts
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
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
November 18, 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 Penny Taylor, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER 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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November 18, 2014
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DEPARTMENT.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Father Philemon Patitsas - St. Katherine Greek Orthodox Church
B. SWEARING IN CEREMONY for COMMISSIONER TAYLOR, District 4
(The swearing in will be conducted by Judge Christine Greider).
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. October 14, 2014 - BCC/Regular Meeting
C. October 28, 2014 - BCC/Regular Meeting
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November 18, 2014
3. SERVICE AWARDS
4. PROCLAMATIONS
A. Proclamation designating November 25, 2014 as St. Katherine Greek
Orthodox Church Day. To be accepted by Dr. John Klemes, Parish Council
2nd Vice President. Sponsored by Commissioner Hiller.
B. Proclamation designating November 2014 as Join Scout Month. To be
accepted by Burt Saunders, Boy Scouts of America District Chairman; Tom
Birch, District Commissioner; James Giles, District Executive; Grae
Sidener, STEM/NOVA Program Chair. Sponsored by Commissioner
Henning.
C. Proclamation recognizing a new Waste Reduction Award Program recipient
Positano Place of Naples. To be accepted by Mr. Jack Hedenstrom, LCAM,
CMCA, Community Association Manager, Mr. Tom Nigro, Association
Treasurer. Sponsored by Commissioner Henning.
D. Proclamation designating November 18, 2014 Mary Ellen Hawkins
Appreciation Day in Collier County. To be accepted by Mary Ellen
Hawkins. Sponsored by Commissioner Henning and Commissioner Taylor.
E. Proclamation recognizing the 60th Anniversary of Corkscrew Swamp
Sanctuary. To be accepted by Brad Cornell, Southwest Florida Policy
Associate for Audubon of the Western Everglades, and Jason Lauritsen,
Director, Corkscrew Swamp Sanctuary. Sponsored by Commissioner
Nance.
F. Proclamation designating November 21-27, 2014 as Farm City Week in
Collier County. To be accepted by Stephanie Kissinger 2014 Chair of the
Farm City BBQ and representatives of Collier County 4H Association,
Youth Leadership Collier, Collier County Junior Deputies League, and Key
Club International, the four youth leadership development programs
benefitting from the proceeds of Farm City BBQ. Sponsored by
Commissioner Nance.
G. Proclamation designating November 2014 as Diabetes Awareness Month in
Collier County. To be accepted by members of the Black Affairs Advisory
Board LaVerne Franklin, Vaughn Young, Debra Johnson Hubbard, Jennifer
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November 18, 2014
Williams, Darling Smith and Dr. Pamela Wilkins. Sponsored by
Commissioner Fiala.
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for November
2014 to Comcast Cable. To be accepted by Justin Damiano, Manager,
Government and Regulatory Affairs.
B. Presentation of the Dr. Charles H. Townes Supernova Award, the Boy
Scouts top STEM award for Webelos, to Dalton Sidener, Webelos Scout,
Pack 210 Chartered by the Big Corkscrew Island Volunteer Firefighter's
Association recognizing his accomplishments.
C. Recommendation to recognize Jonathan Harraden, Paramedic Company
Officer, EMS as the Employee of the Month for October 2014.
D. Recognition of Collier Area Transit as the recipient of the following awards
presented by the Florida Public Transportation Association: Bus Safety (3rd
Place); Print Collateral (2nd Place); Print - Instructional Information (1st
Place); Signage & Graphic - Interior Bus (1st Place); and Internal Employee
Communications (1st Place).
E. Recognition of Collier Area Transit as the recipient of the 2014 Outstanding
Transit System of the Year award presented by the Florida Public
Transportation Association.
F. Recognition of the county employees who were selected as winners of the
Distinguished Public Service and Excellence in Public Service Awards
bestowed by the Greater Naples Chamber of Commerce, in association with
Naples Daily News. Congratulations to the winner of the Distinguished
Public Service Award Isabelle Favier, Paramedic/Firefighter Company
Officer, EMS; and winners of the Excellence in Public Service Award Jamie
French, Deputy Administrator, Collier County Growth Management
Division and Paul E. Mattausch, Director, Northeast Utilities Integration,
Public Utilities Division.
6. PUBLIC PETITIONS
A. Public Petition request from Judith M. Hushon, Ph.D. requesting that the
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November 18, 2014
County take a regional approach to address sea level rise.
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
A. This item requires that ex parte disclosure be provided by Commission
members. All participants are required to be sworn in. Recommendation
to consider a Resolution of the Board of Zoning Appeals providing for the
establishment of a Conditional Use to allow a church within an Estates
zoning district pursuant to Section 2.03.01.B.1.c.1 of the Collier County
Land Development Code for property located on the northwest corner at the
intersection of Everglades Boulevard and Randall Boulevard in Sections 19,
20, 29 and 30, Township 48 South, Range 28 East, Collier County, Florida.
[CU-PL20110002615, The Church of Jesus Christ of Latter-Day Saints.
PL20110002626/CPSS-2012-1 Small Scale GMPA]. (This item to be heard
after Item 9C)
Item 9 to be heard no sooner than 1:30 pm unless otherwise noted.
9. ADVERTISED PUBLIC HEARINGS
A. Recommendation to review and approve the 2014 combined Annual Update
and Inventory Report (AUIR) on Public Facilities and Capital Improvements
Element (CIE) amendment as provided for in Chapter 6.02.02 of the Collier
County Land Development Code and Section 163.3177(3)(b), Florida
Statutes and adopt an ordinance that updates the 5-year capital improvement
schedules.
B. Recommendation to consider an ordinance amending Ordinance Number 04-
41, as amended, the Collier County Land Development Code, which
includes the comprehensive land regulations for the unincorporated area of
Collier County, Florida, by providing for: Section One, Recitals; Section
Two, Findings of Fact; Section Three, Adoption of Amendments to the Land
Development Code, more specifically amending the following: Chapter Two
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November 18, 2014
- Zoning Districts and Uses, including Section 2.03.01 Agricultural Districts,
more specifically (1) to amend the permitted uses in the Agricultural and
Estate districts to allow hogs to be kept for show by children enrolled in a 4-
H development program, and (2) to amend the accessory uses in the Estate
District to allow off-site retail sale of fruits, vegetables, and nursery plants
grown on site; Chapter Four - Site Design and Development Standards,
including Section 4.02.07 Standards for Keeping Animals; Chapter Five -
Supplemental Standards, including Section 5.04.05 Temporary Events;
Section Four, Conflict and Severability; Section Five, Inclusion in the
Collier County Land Development Code; and Section Six, Effective Date.
C. Recommendation to deny the Everglades-Randall Subdistrict Small-Scale
Amendment to the Golden Gate Area Master Plan Element of the Collier
County Growth Management Plan, Ordinance 89-05, as amended, for
transmittal to the Florida Department of Economic Opportunity Adoption
Hearing (PL20110002626/CPSS-2012-1) (Companion to Petition CU-
PL20110002615).
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to authorize the County Attorney to amend Ordinance
2005-44 to remove composting restrictions and to advertise for future
consideration a new ordinance establishing composting regulations.
(Commissioner Henning)
B. This item to be heard in conjunction with Item 11D. Recommendation to
consider the recommendations contained in the Conservancy of SW
Florida's Oil Legislation Presentation. (Commissioner Fiala)
C. Recommendation to approve a Resolution in support of the budget request
made by the South Florida Ag Council to the Florida Legislature for
continued funding of the Southwest Florida Research and Education Center,
and to distribute resolution in the manner set forth below. (Commissioner
Nance)
11. COUNTY MANAGER'S REPORT
A. Recommendation to accept the Collier County Economic Development
Strategic Plan. (Bruce Register, Business and Economic Development
Director)
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November 18, 2014
B. Recommendation to approve a $2,500,000 Grant Agreement with the State
of Florida Department of Economic Opportunity for funding assistance for
the County's Soft Landing Business Accelerator Project and approve
necessary budget amendments. (Bruce Register, Business and Economic
Development Director)
C. Recommendation to waive formal competition and approve and authorize
the Chairman to execute an agreement with Economic Incubators, Inc.
("EII") for administrative and management services associated with the
Collier County Soft Landing Accelerator Project. (Bruce Register, Business
and Economic Development Director)
D. Recommendation to 1) consider and accept the report and presentation by
AECOM Technical Services, Inc. regarding oil exploration/production in
Collier County; 2) approve recommendations for the development of new
state regulations to be presented, in coordination with Florida Department of
Environmental Protection, to the Legislative Delegation. 3) direct the
County Attorney's office and County Manager or his designee to develop
zoning code changes including, but not limited to, a potential Conditional
Use process for oil exploration/production wells that are within an identified
distance to residential areas. (Nick Casalanguida, Growth Management
Administrator)
E. Recommendation to award Contract No. 14-6349 - Lely Area Stormwater
Improvement Project (LASIP), County Barn Road Weir and Canal
Improvements to D. N. Higgins, Inc., in the amount of$7,415,247.53.
(Project No. 33384) (Jay Ahmad, Transportation Engineering Director)
F. Recommendation to award a construction contract in the amount of
$20,684,000 to Community Asphalt, Ft. Myers and reserve $2,004,000 on
the purchase order for funding allowances, for a total of$22,688,000 for ITB
#14-6342 - "Collier Boulevard (CR951) Roadway Capacity Improvements"
(from Green Boulevard to Golden Gate Boulevard), (Project No. 68056)
(Jay Ahmad, Transportation Engineering Director)
G. Recommendation to select a method of collecting the $10,500 utilized for
emergency repairs on Platt Road and authorize the advertisement of an
Ordinance for the December 9, 2014 BCC meeting for final consideration.
(Michelle Arnold, Alternative Transportation Modes Director)
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November 18, 2014
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
1) Recommendation that the Board of County Commissioners, acting as
the Collier County Airport Authority, accept staffs report on the
status of efforts at the County's Airports over the past year.
2) Recommendation that the Board of County Commissioners, acting as
the Collier County Airport Authority, provide preliminary guidance
and next steps to Staff in addressing the resolution of Internal Audit
Report 2014-3 Collier County Airport Authority - Campground (RV
Park).
3) Recommendation that the Board of County Commissioners, acting as
the Collier County Airport Authority, direct staff to negotiate a new
lease with RIFT Enterprises, Inc., d/b/a Immokalee Regional Raceway
(IRR) pursuant to the resolution of all outstanding current lease issues.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Community Redevelopment Agency (CRA)
approve an Agreement for Purchase and Sale authorizing the sale of
CRA owned property in the Gateway mini-triangle to Fortino
Construction & Development, LLC for construction of a mixed-use
development comprising residential, hotel and rooftop restaurant and
retail uses.
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Current 13CC Workshop Schedule.
16. CONSENT AGENDA - ALL MATTERS LISTED UNDER THIS ITEM ARE
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November 18, 2014
CONSIDERED TO BE ROUTINE AND ACTION WILL BE TAKEN BY
ONE MOTION WITHOUT SEPARATE DISCUSSION OF EACH ITEM. IF
DISCUSSION IS DESIRED BY A MEMBER OF THE BOARD, THAT
ITEM(S) WILL BE REMOVED FROM THE CONSENT AGENDA AND
CONSIDERED SEPARATELY.
A. GROWTH MANAGEMENT DIVISION
1) 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 the offsite removal of up to 10,500 cubic yards of excess fill
from the Collier Area Transit Passenger Transfer Facility,
Commercial Excavation Permit EXP-PL20140002163. The excess
fill is a result of previously approved development lake excavation
within the project site.
2) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of Lakoya (AR-12021) and
authorize the release of the maintenance security in the amount of
$248,723.75.
3) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of Valencia Lakes - Phase 5-A (AR-
4205) and authorize the release of the maintenance security in the
amount of$94,956.13.
4) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of Valencia Lakes - Phase 7-A (AR-
5749) and authorize the release of the maintenance security in the
amount of$56,919.
5) Recommendation to approve final acceptance of the private roadway
and drainage improvements for the final plat of Summit Place in
Naples, Phase II (AR-6955) and authorize the acceptance of the plat
dedications and release of the maintenance security (Performance
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November 18, 2014
Bond) in the amount of$182,800.58.
6) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Breeze of Calusa, (Application
Number PL20130001575) approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security, and to accept an off-site donation of mitigating
Preserve pursuant to Section 3.05.07 H.1 of the Collier County Land
Development Code. (This item is a companion to Item #16E9)
7) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Bent Creek Preserve Phase
Two, (Application Number PL20140001345) approval of the standard
form Construction and Maintenance Agreement and approval of the
amount of the performance security.
8) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Corsica at Talis Park,
(Application Number PL20140001402) approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
9) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Oyster Harbor at Fiddler's
Creek Phase 1, (Application Number PL20140001944) approval of
the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
10) Recommendation to authorize the Clerk of Courts to release
Performance Bond No. 929558792 in the amount of$25,000 which
was posted as a guaranty for Excavation Permit Number 60.083,
(PL20120002276) for work associated with the Dunes.
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November 18, 2014
11) Recommendation to approve final acceptance of the water and sewer
utility facilities for Acqua di Treviso, PL20120002489, and to
authorize the County Manager, or his designee, to release the Utilities
Performance Security (UPS) and Final Obligation Bond in the total
amount of$38,832.15 to the Project Engineer or the Developer's
designated agent.
12) Recommendation to approve final acceptance of the privately owned
utility facility for Granada Shoppes - Chuck E. Cheese,
PL#20130001893, and authorize the County Manager, or his
designee, to release a Utility Performance Security (UPS) and Final
Obligation Bond in the total amount of$5,675.25 to the Project
Engineer or the Developer's designated agent.
13) Recommendation to approve the partial release of a code enforcement
lien with an accrued value of$12,084.06, for payment of$2,284.06,
in the code enforcement action entitled Board of County
Commissioners v. Andrew D. Clarke and Sandra Ann Jones, Code
Enforcement Special Magistrate Case No. CEPM20130010878,
relating to property located at 6123 Manchester Place, Collier County,
Florida.
14) Recommendation to approve the release of a code enforcement lien
with an accrued value of$20,612.47, for payment of$562.47, in the
code enforcement action entitled Board of County Commissioners v.
John M. Ferner, Code Enforcement Special Magistrate Case No.
CEPM20110012778, relating to property located 789 107th Avenue
N., Collier County, Florida.
15) Recommendation to approve the release of a code enforcement lien
with an accrued value of$199,000, for payment of$54,500, in the
code enforcement action entitled Board of County Commissioners v.
Norman C. Partington, Code Enforcement Special Magistrate Case
No. CEPM20120003671, relating to property located 5761 Golden
Gate Parkway, Collier County, Florida.
16) Recommendation to approve the release of a code enforcement lien
with an accrued value of$399,000, for payment of$450, in the code
enforcement action entitled Board of County Commissioners v. AMG
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November 18, 2014
Properties, Inc., Code Enforcement Board Case No. 2007090454,
relating to property located at 3831 Arnold Avenue, Collier County,
Florida.
17) Recommendation to authorize a Mediated Settlement Agreement for
the payment of$125,000 plus fees and costs for the taking of Parcel
112FEE 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 (Project No. 60116) (Fiscal
Impact:$132,763)
18) Recommendation to approve Agreement No. 4600003150 with the
South Florida Water Management District for the continued collection
of ground water quality samples in Collier County.
19) Recommendation to authorize the removal of aged accounts
receivable in the amount of$3,175.72 considered uncollectible from
the financial records of various Growth Management Division
departments and the Airport Authority, in accordance with Resolution
2006-252.
20) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to adopt
a Resolution amending Resolution 2009-302, relating to the
Stewardship Sending Area with a designation as "BCI/BCP/SI SSA
13"; approving the extension of certain dates to December 15, 2017 in
the Stewardship Sending Area credit agreement for BCI/BCP/SI SSA
13 and the Escrow agreement for BCI/BCP/SI SSA 13.
21) Recommendation to cancel the Adopt-a-Road Agreement with
sponsor Naples Safe Driving Academy and to allow the roadway
segment of Airport Road from Golden Gate Parkway to Radio Road
to become available for adoption as part of the Adopt-a-Road
Program.
22) Recommendation to approve one (1) Adopt-a-Road Agreement name
change for the road segment of Airport Pulling Road from Golden
Gate Parkway to Clubhouse Drive for the volunteer group Young
Realty Group, and cancel the existing agreement with Lori Young
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November 18, 2014
Florida Home Realty for the same road segment with two (2)
recognition signs at a total cost of$60.
23) Recommendation to award Term Contracts for RFP #14-6212,
"Annual Contract for Bridge Repairs and Maintenance" to Quality
Enterprises USA, Inc. and Wright Construction Group, Inc. and
authorize the Chairman to execute the standard agreements after
County Attorney approval on behalf of the Board.
24) Recommendation to approve two full time positions within the
Growth Management Division, Transportation Engineering
Department, with the Classification Title of Inspector and to authorize
the necessary budget amendment (fiscal impact $220,000).
25) Recommendation to approve the donation of between 10,000-15,000
CY's of beach quality sand from the Marco Island Marriott to be used
in the Marco Island Central Beach re-grade project scheduled after
November 1, 2015.
26) Recommendation to approve Change Order No. 2 to Purchase Order
#45-151465, authorize the expenditure of Tourist Development
Category "A" tax funds to provide engineer of record and construction
engineering inspection services during the nourishment of the Naples
Beach project by Atkins North American, Inc. under Contract No. 14-
6256 for time and material amount of$24,648.68, authorize necessary
budget amendment, and make a finding that this item promotes
tourism.
27) Recommendation to accept a proposal from CB&I Coastal Planning &
Engineering dated October 22, 2014 for Collier County Creek
Feasibility Analysis, approve a work order under Contract No. 13-
6164-CZ for a not to exceed amount of$59,807.44, authorize
necessary budget amendment and make a finding that this item
promotes tourism.
28) Recommendation to approve and execute a Modification to Florida
Division of Emergency Management (FDEM) Subgrant Agreement
HMGP #1785-027-R, to extend The Period of Performance
completion deadline to August 31, 2015, in connection with the Lely
Area Stormwater Improvement Project (LASIP)/Crown Pointe (Loch
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November 18, 2014
Louise Weir) and Haldeman Creek Weir Replacements (Project
#51101)
29) Recommendation to approve an Adopt-A-Road Program Agreement
for the segment of Orange Blossom Dr. from Goodlette Frank Road to
Airport Pulling Road, with two (2) recognition signs at a total cost of
$60 with the volunteer group, Makara & Associates, LLC.
30) Recommendation to acknowledge and approve the "HITS Triathlon
Series" event to take place in Collier County on January 10-11, 2015,
including evening hours.
31) Recommendation to approve a proposed list of tentative Land
Development Code Amendments for two 2015 Land Development
Code Amendment Cycles.
32) Recommendation to review and approve the list of proposed projects
to be submitted for the FY 2016 South Florida Water Management
District Cooperative Funding Program.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners (BCC)
acting in its capacity as the Community Redevelopment Agency
(CRA) Board approve a budget amendment to the Collier County
Community Redevelopment Agency - Immokalee (CRA) Fund (186)
budget that reestablishes funding for the CRA's Commercial Facade
Improvement Grant Program in the amount of$20,000 to cover a
previously approved grant commitment.
2) Recommendation that the Collier County Board of County
Commissioners (BCC) as the Collier County Community
Redevelopment Agency (CRA) approve submission of the attached
Letter of Intent and related Resolution to the Southwest Florida
Regional Planning Council (RPC) memorializing the CRA's role as
an active partner in carrying out the tasks related to the Federal
Promise Zone designation for Immokalee.
C. PUBLIC UTILITIES DIVISION
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November 18, 2014
1) Recommendation to approve a work order for the first phase of the
Livingston Road Force Main under Request for Quotation Number
14-6213-9, to Quality Enterprises USA, Inc., in the amount of
$549,253.95, Force Main Technical Support (Project Number 70044).
2) Recommendation to approve a Change Order in the amount of
$208,960 and add 162 days to Contract #13-6064 for "Asset
Management Software and Consulting," with Woolpert, Inc. (Project
#50105).
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve an Agreement with the Aquatic Boosters
d/b/a Swim Florida for a competitive swim program at the Golden
Gate Aquatic Center.
2) Recommendation to approve the First Amendment to Agreement #12-
5944 with Collier County Child Advocacy Council, Inc. to provide
mandated services identified under Florida Statute 39.304(5).
3) Recommendation to approve the selection committee rankings and
authorize entering into negotiations with Victor J. Latavish Architect,
PA for a contract related to Request for Proposal Number 14-6338,
"Eagle Lakes Community Park Pool Design Services."
4) Recommendation to approve substantial amendments to the U.S.
Department of Housing and Urban Development Community
Development Block Grant FY2011-2012, FY2012-2013, FY2013-
2014 and FY2014-2015 Annual Action Plans to reallocate unspent
funds and approve a $479,000 subrecipient agreement for Youth
Haven Safe and Secure Home for Collier Youth Phases II and III and
a subrecipient agreement amendment for Goodwill Industries
Microenterprise Program.
5) Recommendation to approve a substantial amendment to the U.S.
Department of Housing and Urban Development Community
Development Block Grant FY2014-2015 HUD Annual Action Plan
and approve a subrecipient agreement amendment to increase the
existing agreement by $94,685 for a total of$175,144 for the City of
Naples Intersection Improvements.
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November 18, 2014
6) Recommendation to approve Amendment #0002 to the Criminal
Justice, Mental Health and Substance Abuse Reinvestment Grant
Agreement with the Department of Children and Families and the
associated Subrecipient Agreement with NAMI of Collier County,
Inc. to reflect a staffing change to support a .75 Peer Counselor
position provided by NAMI of Collier County and add State and
Federal Laws, Rules and Regulations.
7) Recommendation to approve the Collier Area Transit Bus Stop
Americans with Disabilities Act Assessment.
8) Recommendation to approve Fourth Amendment to Agreement with
the Immokalee Community Redevelopment Agency for the
Community Development Block Grant Economic Development
Assistance project to extend the completion date and update
reimbursement language.
9) Recommendation to award Invitation to Bid (ITB) No. 15-6360 for
Fitness Equipment Repair and Purchase to Tropic Gym Tech, LLC.
10) Recommendation to approve the Collier County University Extension
Department's request for funding from the Collier County 4-14
Association in the amount of$82,000; approve a subsequent
acceptance of requested funds; authorize the Chairman to sign a
Memorandum of Understanding with Collier County 4-H Association;
and authorize the necessary Budget Amendment.
11) Recommendation to approve the necessary budget amendments to
reflect estimated funding for the Calendar Year 2015 Older
Americans Act Programs (Net Fiscal Impact $807,677).
12) Recommendation to recognize carry forward from accrued interest in
the amount of$388.17 from State Aid to Library Grants revenue and
appropriate those funds for expenditures on library materials, services,
and equipment.
13) Recommendation to approve the Criminal Justice Mental Health &
Substance Abuse Reinvestment Grant Memorandum of Understanding
with several community partners in order to meet a grantor
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November 18, 2014
compliance requirement.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to recognize and appropriate FP&L rebates and
vendor reimbursements for Air Conditioner Maintenance Projects
(52162) within the County-Wide Capital Projects Fund (301).
2) Recommendation to award ITB #14-6350 "Plumbing Contractors" to
BC Plumbing Service of Southwest Florida, Inc. as the primary
vendor and Shamrock Plumbing and Mechanical, Inc. as the
secondary vendor for plumbing services and authorize the Chairman
to execute the contracts.
3) Recommendation to ratify Property, Casualty, Workers Compensation
and Subrogation claim files settled and/or closed by the Risk
Management Director pursuant to Resolution 2004-15 for the fourth
quarter of FY 14.
4) Recommendation to recognize carry-forward from accrued interest
earned by EMS County Grant revenue and appropriate funds for a
total amount of$47.71.
5) Recommendation to award bid #14-6253 Communication Services to
Aztek Communication of South Florida, Inc.
6) Recommendation to approve four (4) First Florida Integrity Bank
Agreements for Contract #2014-001 Master Banking Services, accept
the Electronic Banking Terms and Conditions Agreement, and
authorize the Chairman to execute these County Attorney reviewed
documents.
7) Recommendation to execute a Third Amendment to Lease Agreement
with Naples Zoo, Inc. redefining the leased area to include the
expanded 8.5 acre primary parking area.
8) Recommendation to approve Second Amendment to License
Agreement with Summit Broadband Inc. to add an area for the
Licensee's permanent generator.
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November 18, 2014
9) Recommendation to approve a standard Donation Agreement that
allows Green Palm Investments, Inc. to donate a 1.14 acre parcel
along with a management endowment of$4,020 to the Conservation
Collier Land Acquisition Program under the offsite vegetation
retention provision of the Land Development Code LDC Sec
3.05.07H.1.f.iii.b), at no cost to the County, and authorize the
Chairman to sign the Donation Agreement and staff to take all
necessary actions to close. (This item is a companion to Item #16A6)
10) Recommendation to approve the payment of two invoices from Cover
All, Inc. d/b/a Ron's Jons Porta Potty Rental for painting services at
Veterans Community Park and East Naples Community Park.
11) Recommendation to accept reports and ratify staff-approved change
orders and changes to work orders.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2014-15 Adopted Budget.
2) Recommendation to accept five Florida Sports Foundation Grant
awards to support Sports Tourism events totaling $25,200, authorize
all necessary budget amendments, authorize Chairman to execute, and
make a finding that this item promotes tourism.
3) Recommendation to approve the agreement between Football
University, Inc, and Collier County in support of the National FBU
Youth Football Championships in December 2014, authorize the
Chairman to execute the agreement and make a finding that this
expenditure promotes tourism.
4) Recommendation to approve Second Amendment to Temporary Use
Agreement with Kraft Office Center, LLC, extending the lease term to
December 15, 2014, for the continued no cost use of furnished office
space for the initial implementation of the Soft Landing Business
Accelerator Project.
G. AIRPORT AUTHORITY
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November 18, 2014
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to reappoint two members to the Ochopee Fire
Control District Advisory Committee.
2) Recommendation to appoint two members to the Immokalee
Enterprise Zone Development Agency.
3) Recommendation to reappoint member to the Immokalee
Beautification MSTU Advisory Committee.
4) Recommendation to appoint members to the Parks and Recreation
Advisory Board.
5) Recommendation to reappoint one member to the Collier County
Citizens Corps.
6) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Naples Press Club Luncheon on October 23, 2014. The
sum of$25 to be paid from Commissioner Fiala's travel budget.
7) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the East Naples Civic Association Luncheon on October 16,
2014. The sum of$18 to be paid from Commissioner Fiala's travel
budget.
8) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended lunch on November 3, 2014 with Julie Cerach and Susan
Lawson to discuss speech for a future Luncheon. The sum of$12.02
to be paid from Commissioner Fiala's travel budget.
9) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended lunch on October 17, 2014 with Phil Brougham to discuss
Fiddlers Creek and fire services. The sum of$18.50 to be paid from
Commissioner Fiala's travel budget.
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November 18, 2014
MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve a budget amendment recognizing
Federal HHS Vote Program Grant Award 2010 Funds for Voting
Accessibility for Individuals with Disabilities in the amount of
$8,616.34.
2) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of October 23, 2014 through
October 29, 2014.
3) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of October 30, 2014 through
November 5, 2014.
4) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of November 6, 2014
through November 12, 2014.
K. COUNTY ATTORNEY
1) Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners, against
Walsh Trucking, Inc., and Steven F. Ames, in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County, Florida, to
recover damages in the amount of$19,657.50, plus costs of the
litigation.
2) Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners, against
Mark Merring in the County Court in the Twentieth Judicial Circuit,
Collier County, Florida to recover damages for costs of repair and
replacement of a street light in the amount of$4,254.92, plus the
costs of litigation.
3) Recommendation to direct the County Attorney to pursue an appeal in
the case entitled Penny Phillippi v. Collier County, Case No. 14-416-
Page 20
November 18, 2014
CA.
4) Recommendation to approve a Settlement Agreement in the sum of
$69,000 and direct the County Attorney to file all documents
necessary to end with prejudice the lawsuit styled Evelyn Prieto v.
Collier County Board of County Commissioners, Case No. 2:13-cv-
00489-SPC-CM, now pending in the United States District Court,
Middle District of Florida Fort Myers Division.
5) Recommendation to reject a written Settlement Offer presented by
Plaintiff Susanna Capasso in the lawsuit styled Susanna Capasso v.
Collier County (Case No. 2:12-cv-499-FtM-99DNF) now pending in
the United States District Court, Middle District of Florida Fort Myers
Division and to direct the County Attorney to proceed with the
defense of the lawsuit currently scheduled for trial in December 2014.
6) Recommendation to reject a Settlement Offer presented by Plaintiff
Don Edwards in the lawsuit styled Don Edwards v. Collier County
(Case No. 09-611-CA) now pending in Circuit Court in Collier
County and to direct the County Attorney to proceed with the defense
of the lawsuit currently scheduled for trial in December 2014.
7) Recommendation to approve a Settlement Agreement reached at
mediation in the case styled Collier County Board of County
Commissioners v. the Kirk Family Trust, and the Las Brisas
Neighborhood Association, Inc., requiring Defendants to collectively
reimburse the County for the full amount of damages totaling
$33,333.
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
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November 18, 2014
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. 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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November 18, 2014
November 18, 2014
MR. OCHS: Ladies and gentlemen, please take your seats.
Mr. Chairman, you have a live mic.
CHAIRMAN HENNING: Thank you. Good morning,
everybody. Would you please silent your cell phones or turn them on
vibrate to help us with our proceedings today.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE — FATHER
PHILEMON PATITSAS FROM ST. KATHERINE'S GREEK
ORTHODOX CHURCH - INVOCATION GIVEN
CHAIRMAN HENNING: And Commissioner Taylor? I think
it's most appropriate for you to join us for the invocation and the
Pledge of Allegiance at the dais, please.
The invocation will be given by Father Philemon Patitsas from St.
Katherine's Greek Orthodox Church. And if you would all rise.
FATHER PATITSAS: In the name of the Father and the Son and
the Holy Spirit.
This is the day that the Lord has made, we will rejoice and be
glad in it. Blessed be the name of the Lord henceforth and
forevermore.
We pray, Christ our God, that you will bless these chambers and
all those here gathered and all the current Commissioners and Penny
Taylor, who is about to be sworn in in this chamber, that you will
make all of their meetings peaceful and that many blessings may come
into the City of Naples through all of their work and through all of
their attention.
We pray also Lord that you will keep us mindful of the very great
freedoms that we enjoy in this country, especially through our
Constitution, and that you will keep us free, and that you will keep us
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November 18, 2014
mindful of those people who are suffering in the world, in Naples here
who are hungry and who are without homes, and those people who are
suffering throughout the world, especially those who are suffering
because they are being persecuted for their faith, especially those
Christians. We ask this in your name, for your holy and blessed now
and forever into ages of ages. Amen.
CHAIRMAN HENNING: Ms. Taylor, would you lead us in the
Pledge of Allegiance.
(Pledge of Allegiance was recited in unison.)
CHAIRMAN HENNING: Now, would -- we have the honor to
all witness Commissioner Penny Taylor being sworn in by Judge
Christine Greider.
Item #1B
SWEARING IN CEREMONY FOR COMMISSIONER TAYLOR
DISTRICT 4, CONDUCTED BY JUDGE CHRISTINE GREIDER —
SWORN IN
COMMISSIONER TAYLOR: Thank you. I've come to rely on a
lot of sources in my life. Frankly, I figured out I need a lot of help.
And I've asked four special people to say some words after I've been
sworn in.
JUDGE GREIDER: Good morning. Ladies and gentlemen, the
oath of office that is administered to public officers is found in Article
2, Section 5 of our Florida Constitution.
Please raise your right hand and repeat after me.
I do solemnly swear or affirm.
COMMISSIONER TAYLOR: I do solemnly swear or affirm.
JUDGE GREIDER: That I will support, protect and defend.
COMMISSIONER TAYLOR: That I will support, protect and
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November 18, 2014
defend.
JUDGE GREIDER: The Constitution and Government.
COMMISSIONER TAYLOR: The Constitution and
Government.
JUDGE GREIDER: Of the United States.
COMMISSIONER TAYLOR: Of the United States.
JUDGE GREIDER: And the State of Florida.
COMMISSIONER TAYLOR: And the State of Florida.
JUDGE GREIDER: That I am duly qualified to hold office.
COMMISSIONER TAYLOR: That I am duly qualified to hold
office.
JUDGE GREIDER: Under the Constitution of the State.
COMMISSIONER TAYLOR: Under the Constitution of the
State.
JUDGE GREIDER: And that I will well and duly.
COMMISSIONER TAYLOR: And that I will well and duly.
JUDGE GREIDER: Faithfully perform the duties.
COMMISSIONER TAYLOR: Faithfully perform the duties.
JUDGE GREIDER: Of Collier County Commissioner.
COMMISSIONER TAYLOR: Of Collier County Commissioner.
JUDGE GREIDER: On which I am now about to enter.
COMMISSIONER TAYLOR: On which I am now about to
enter.
JUDGE GREIDER: So help me, God.
COMMISSIONER TAYLOR: So help me, God.
JUDGE GREIDER: Congratulations.
(Applause.)
COMMISSIONER TAYLOR: And now I would like to ask my
four guests to come forward, please. As I said, these four men have
been a big part of my life for many years, and I've asked them now to
say a few words.
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November 18, 2014
So the first one is the Reverend Michael Basden. He is the leader
of my church, Trinity by the Cove.
REVEREND BASDEN: I'm just going to pray, which is sort of
what I do. Let us pray.
The Lord our Governor whose glory is in all the world, we
commend this nation and most especially Collier County to your
merciful care, that being guided by your providence we may dwell
secure in your peace.
Grant our County Commission and now especially your servant
Penny Taylor and to all in authority, wisdom and strength to know and
to do your will. Fill them with the love of truth and righteousness, and
make them ever mindful of their calling to serve your people in honor,
respect and concern. In Jesus Christ our Lord who lives and reigns
with you and the Holy Spirit, one God, world without end, Amen.
Episcopalians are sort of short. We just shorten it.
COMMISSIONER TAYLOR: This is Pastor Paul. Pastor Paul is
the pastor of the First Church of the Nazarene on Bayshore, the Haitian
Church of the Nazarene.
PASTOR PAUL: As I am Haitian, before I pray I am going to
read a few verses, but I am going to read it in my language. And when
I finish reading, I'm going to leave the Creole Bible to the brand new
Commissioner.
It's Joshua, Chapter 1. I'm going to read only verse 2 through 9.
(At which time, Pastor Paul reads and prays in Creole.)
COMMISSIONER TAYLOR: And the next man of God is
Rabbi Fishel. He is the director of the Chabad of Naples, and his wife
runs a fabulous Preschool of the Arts. It's connected to the Chabad.
RABBI FISHEL: That's my claim to fame, my wife Ettie.
Good morning. So a pastor and a rabbi are invited to -- (laughter)
-- to deliver consecutive invocations at a Commissioners' meeting in
Collier County, Florida. There's got to be a punchline in there
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November 18, 2014
somewhere. Just fill in your own.
I'm honored to stand in the presence of such distinguished
individuals who devote their lives to better the lives of others. In her
own words, when Penny Taylor ran for County Commission she said,
and I quote, what I stand for in a word is integrity. It is a big word that
has been at the heart of my life and my service to my community.
As we gather here to recognize and give thanks for those who
dedicate their lives to public service, we give thanks to the successful
candidate and pray that she will continue to respond to and serve the
electorate with honor and humility.
It is always gratifying when a woman with Penny's political
experience comes forth with an agenda like this. We have witnessed
evidence of Penny's integrity at the municipal level and now we will
experience it at the county level.
In addition to this, her expertise as a first class photojournalist is
also widely known. And we have been personal recipients of her talent
on occasion at the Preschool of the Arts. She has captured in photos
many memorable moments for Chabad Preschool unique and creative
ways which remain as permanent milestones in our history here in the
community. Our hope is that she's able to bring a unique fresh and
creative perspective to the decision-making of this Commission.
At the work of this Commission begins with this meeting, we
hope and pray that all the commitments and promises that attract you
to this way of life will remain with you through good times and trying
times, and that your concepts of freedom, fairness, civic duty and
responsibility will be foremost in your practice of maintaining
stewardship of our natural world.
May you be gifted with continuing compassion, understanding
and inclusiveness and always treasure the values of dignity and respect
for the people with whom you deal.
God of Heaven, Master of the world, look favorably and bless the
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November 18, 2014
members of the Board of County Commissioners gathered here today.
Look favorably and bless these distinguished individuals chosen by
thousands of people who have placed their faith and confidence in
them to make laws and decisions for them and their families. Give
them the wisdom to enact laws which will bring ethics and values into
our beautiful and precious community.
May he who makes peace on high may bring peace upon us and
upon all humanity. God bless America, God bless Collier County,
Naples, Florida. Thank you all.
COMMISSIONER TAYLOR: And finally but not least, Pastor
Lonnie Mills, the pastor at the Macedonia Missionary Baptist Church
on Tenth Street.
PASTOR MILLS: Thank you and good morning. It is a blessing
to be here this morning.
I'm reminded, Ms. Taylor, as the Scripture says, behold how good
and how pleasant it is for brethren to dwell together in unity. That's the
Scripture.
But I want to say to you, it is good for you to be on board with
this great County Commissioner team. We feel that you're going to do
a wonderful job. We feel that you're going to speak up for right. We
feel that you have the integrity to do nothing else but to do the right
thing.
But I want to remind you in that there are going to be some tough
times. But if you stay focused and keep your focus on your job, keep
your focus on God, you will make the right decision. That being said,
let us pray.
Father God, in the name of Jesus, the Christ of Nazareth, we
thank you for this opportunity, we thank you for this great City of
Naples, we thank you for this great County of Collier. We thank you
for this great Board of County Commissioners, one by one, name by
name. And we especially thank you for Ms. Penny Taylor who has
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November 18, 2014
embarked to take on the responsibility of this task and this job. We ask
you to grant her with many blessings, grant her with understanding and
grant her with knowledge that she will always do the right thing. In
Jesus' name we pray, Amen.
(Applause.)
CHAIRMAN HENNING: Ms. Taylor, please join us. You'll find
in your seat a seat belt for today's proceedings. It could be a two-day
proceeding. We'll let you out for break. And I think we have some
water there for you.
County Manager is going to walk us through the change sheet
today.
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: Good morning, Commissioners. Thank you, Mr.
Chairman. These are your proposed agenda changes for the Board of
County Commissioners' meeting of November 18, 2014.
The first proposed change is to move Item 10.B to Item 5.G under
presentations. This is a request by Commissioner Fiala related to the
item regarding The Conservancy of Southwest Florida's oil legislation
presentation.
The next proposed change is to withdraw Item 14.B.1. That was
a purchase and sale agreement for CRA owned property in the
Gateway Mini Triangle. That item is withdrawn at the purchaser's
request. The Board had received correspondence from the purchaser's
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November 18, 2014
legal counsel with details on that earlier today.
We have two agenda notes this morning, Commissioners. The
first is on Item 16.A.27. That item in the title referred to the Collier
Creek Feasibility Analysis as the Collier County Creek Feasibility
Analysis, so we're striking the word "County" to make that correct
both in the title and in the body of the executive summary.
And the final change -- or excuse me, final note is on Item
16.H.2. That was an advisory board appointment to your Immokalee
Enterprise Zone Development Authority, and that is to correct the
home address of Cynthia Lazano. It was listed as Immokalee, Florida,
it is actually in Lehigh Acres, Florida. That change was brought to our
attention by Commissioner Fiala.
We have two -- excuse me, three public hearing items that will
begin after 1:30 this afternoon, Commissioners. And as always, we
have your court reporter breaks scheduled for 10:30 a.m. and 2:50 p.m.
Those are all the changes I have, Mr. Chairman.
CHAIRMAN HENNING: Thank you.
County Attorney?
MR. KLATZKOW: No changes, sir.
CHAIRMAN HENNING: Let me start with myself on ex parte
communication, any further changes on the agenda. It goes like this: I
have no ex parte communication on today's consent agenda and I have
no ex parte communication on today's summary agenda. I may have
communications on today's regular agenda, but I'll give that later on.
The only change that I have would be Item 14.B.1. A contract is
between two parties, this one being with Fortino and Partners and the
Board of Commissioners. A contract is something that is negotiated.
We haven't had a chance to do the final negotiation. So I would want
that item to stay on today's agenda for further consideration and
discussion with the two parties.
COMMISSIONER FIALA: It would be great, but they've
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November 18, 2014
already withdrawn their offer.
CHAIRMAN HENNING: Well, they wrote us a letter stating
why. There were some objections to -- additions to the contract. Now
if, you know, again, I think it's -- could be something negotiable.
Mr. Saunders?
MR. SAUNDERS: Mr. Chairman, we will be here, if that's the
desire of the County Commission.
CHAIRMAN HENNING: Okay.
Now, let me start with my left. Commissioner Nance?
COMMISSIONER NANCE: Mr. Chairman, thank you. I have
no further changes to the agenda on today's regular agenda. On Item
8.A, which is the Church of Latter Day Saints Conditional Use
petition, I've read the staff report, I've had meetings with Mr.
Anderson, the petitioner's attorney, and I had meetings and discussions
with staff.
I have no ex parte communication for today's consent agenda or
today's summary agenda.
CHAIRMAN HENNING: Thank you.
Commissioner Hiller?
COMMISSIONER HILLER: No ex parte communication and no
proposed changes to the agenda.
CHAIRMAN HENNING: Thank you.
Commissioner Fiala?
COMMISSIONER FIALA: Yes, on the consent agenda today I
have ex parte, I have -- on item number 16.A.6, which is Breeze of
Calusa application, I had correspondence, emails and updates from
staff.
On 16.A.7, which is Bent Creek Preserve, I had correspondence
and emails and updates from staff.
And on 16.A.9, I had correspondence, emails and updates with
staff.
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November 18, 2014
And I have no ex parte on the summary agenda.
CHAIRMAN HENNING: Commissioner Taylor?
COMMISSIONER TAYLOR: I have an ex parte Item 8.A,
which is the issue about the Church of Jesus Christ of Latter Day
Saints. I had a phone call with the attorney. But other than that, there's
no other disclosures.
CHAIRMAN HENNING: Entertain a motion to approve today's
changes as submitted by the County Manager, with the exception of
withdrawing Item 14.B.1.
COMMISSIONER NANCE: So moved.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion and second to approve today's
agenda as amended.
All in favor?
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Page 11
Proposed Agenda Changes
Board of County Commissioners Meeting
November 18,2014
Move Item 10B to Item 5G: This item to be heard in conjunction with Item 11D. Recommendation
to consider the recommendations contained in the Conservancy of SW Florida's Oil Legislation
Presentation. (Commissioner Fiala's request)
Note:
Item 16A27 Executive Summary title and index title should read: Recommendation to accept a
proposal from CB&I Coastal Planning& Engineering dated October 22,2014 for Collier Get Hity
Creek Feasibility Analysis,approve a work order under Contract No. 13-6164-CZ for a not to
exceed amount of$59,807.44,authorize necessary budget amendment and make a finding that this
item promotes tourism. (Staffs request)
Item 16H2: The correct address for Cynthia Lozano is 617 Weston Road,Immokalee FL Lehigh
Acres FL 33936 (Commissioner Fiala's request)
11/18/21114 8:28 AM
November 18, 2014
Item #2B & #2C
REGULAR BCC MEETING MINUTES FOR OCTOBER 14, 2014
AND OCTOBER 28, 2014 — APPROVED AS PRESENTED
CHAIRMAN HENNING: Entertain a motion to accept the
minutes of October 14th, 2014, BCC regular meeting and October 8th
(sic), 2014 BCC regular meeting.
COMMISSIONER NANCE: I move approval, Mr. Chairman.
COMMISSIONER FIALA: And I second that, just saying that
it's October 28th for the BCC meeting.
CHAIRMAN HENNING: Thank you.
Motion and a second. All in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Item #4
PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS — ADOPTED
Item #4A
PROCLAMATION DESIGNATING NOVEMBER 25, 2014 AS ST.
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November 18, 2014
KATHERINE GREEK ORTHODOX CHURCH DAY. ACCEPTED
BY DR. JOHN KLEMES, PARISH COUNCIL 2ND VICE
PRESIDENT — ADOPTED 5/0
CHAIRMAN HENNING: Now we'll go to proclamations.
MR. OCHS: Item 4.A is a proclamation designating November
25th, 2014 as St. Katherine Greek Orthodox Church Day, to be
accepted by Dr. John Klemes, Parish Council 2nd Vice President. This
item is sponsored by Commissioner Hiller.
If you would please step forward and receive your proclamation
from the County Commission.
(Applause.)
MR. OCHS: Please step forward, sir.
CHAIRMAN HENNING: Proclamation, picture and then you
can say a few words.
DR. KLEMES: I accept this proclamation and I thank you all.
CHAIRMAN HENNING: Picture first and then you can go to
the microphone.
MR. OCHS: One more, please, sir.
CHAIRMAN HENNING: Just state your name for the record
when you speak.
DR. KLEMES: Good morning. I'm Dr. John C. Klemes. I
represent the St. Katherine's Greek Orthodox Church of Naples.
With several conversations with Catherine Bigelow, I guess they
call her the Cat, she said to limit my acceptance with an "I accept."
However, I'm not going to do that this morning.
I want to -- I appreciate it and I humbly receive this proclamation
for our parish. And I want to thank all of you, especially County
Commissioners, and also our good friend and our Commissioner,
Georgia Hiller, who has been with us on several occasions. And I
thank you all for being here for the acceptance.
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November 18, 2014
(Applause.)
COMMISSIONER HILLER: I want to thank you all for being
here today. St. Katherine's has been an incredible parish and has done
so much for our community, not only in North Naples but for the
whole county.
One very significant event is coming up that they host and that's
the Greek Festival.
Dr. Klemes, would you like to tell everybody when that is to
make sure no one misses it? I know that people would be very
unhappy without their baklava fix, so --
DR. KLEMES: Our festival, as many of you know, is an annual
event, not only for our parish but for all of those in Naples. This year
it's going to be February 6th, 7th and 8th. We intend to have a bigger
festival than we had last year. I hope many of you attend it. But this
year is going to be much bigger. And we're also going to feature our
mascot, Yanni. He's an Evzone. And any of you -- many of you
probably don't know what an Evzone is. But he's a national soldier of
Greece.
However, I appreciate this. Thank you again, Georgia Hiller.
Thank you, Commissioners. I hope to see you there.
COMMISSIONER HILLER: And one last word and that is that
Father Philemon and St. Katherine's is dedicated as a parish and
through their leadership to religious freedom, freedom from
persecution.
And I want to commend Commissioner Taylor for your ceremony
this morning, for, you know, bringing to light the importance of
spirituality in all that we do. It ties in with the proclamation in
recognizing St. Katherine's. Congratulations again.
COMMISSIONER TAYLOR: Thank you.
DR. KLEMES: As a matter of fact, Commissioner Hiller, if I
may take another minute?
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November 18, 2014
It's probably not apropos to say what I'm going to say, but I'm
going to say it anyway.
I have some pens in my pocket and I'd like to leave them with the
Commissioners, if that's acceptable. These pens are a Christian
endeavor to fund for those unfortunate Christians in the Middle East.
So may I step forward and give them to the Commissioners?
CHAIRMAN HENNING: Yes.
COMMISSIONER HILLER: Thank you.
COMMISSIONER FIALA: Where can we send a check for
these?
FATHER PATITSAS: Is it possible I might give a short
explanation of what it is? It's a pen that says, I too am a Nazarene. As
you know, the Christians in the Middle East are being systematically
murdered and destroyed. And so the pen is meant to show that we have
a solidarity with all those people who are suffering in the name of
Christ. And if you could support the project, we would be very
grateful.
CHAIRMAN HENNING: Your name for the record?
FATHER PATITSAS: My name is Father Philemon Patitsas.
CHAIRMAN HENNING: Thank you.
FATHER PATITSAS: I'm the priest of St. Katherine.
CHAIRMAN HENNING: Next proclamation?
Item #4B
PROCLAMATION DESIGNATING NOVEMBER 2014 AS JOIN
SCOUT MONTH. ACCEPTED BY BURT SAUNDERS, BOY
SCOUTS OF AMERICA DISTRICT CHAIRMAN; TOM BIRCH,
DISTRICT COMMISSIONER; JAMES GILES, DISTRICT
EXECUTIVE; GRAE SIDENER, STEM/NOVA PROGRAM
CHAIR - ADOPTED
Page 15
November 18, 2014
MR. OCHS: Item 4.B is a proclamation designating November,
2014 as Join Scout Month. To be accepted by Burt Saunders, Boy
Scouts of America District Chairman; Tom Birch, District
Commissioner; James Giles, District Executive; Grae Sidener,
STEM/NOVA Program Chair.
This item is sponsored by Commissioner Henning. If you'd
please step forward.
(Applause.)
CHAIRMAN HENNING: We got all the pictures? All right.
Great, thank you. Congratulations, boys, go back to school now.
MR. GILES: My name is James Giles and I'm the District
Executive for scouting in Collier County. Good morning and thank
you for affording us the honor of your proclamation.
The Boy Scouts of America in Collier County depends on the
support of the community. And in return the local community reaps the
benefit of countless service hours, including Eagle Scout projects.
Conservation Collier, Junior Deputy Camp, the School District of
Collier County, Lighthouse of Collier, the Veterans League, Freedom
Memorial and many, many others have received projects and service
hours by scouting units and individuals.
Communities across the country, including ours, hold the
expectation that scouting should be available for every boy within its
borders.
I'm proud to say that our volunteer organization has program sites
from Immokalee to Marco Island, from downtown Naples to the far
reaches of the Estates. Scouting in Collier County would not exist
without the direct support of the Collier County Commission and its
agencies. This includes involvement with the United Way and
encouragement of employees to give back to the community at large.
A community's expectation of scouting to be available for every young
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November 18, 2014
man is only as effective as that community's willingness to support it.
Collier County supports scouting. Thank you.
I would now like to introduce Burt Saunders, Collier County's
Volunteer Scouting Chairman.
MR. SAUNDERS: James, thank you.
Just a couple words about scouting. Scouting has been in
existence for over 104 years delivering character development and
career education in the United States. And the scouting program is just
as relevant today as it was 104 years ago.
The mission of the Boy Scouts of America is to prepare young
people to make ethical and moral choices over their lifetimes by
instilling in them the values of the scout oath and the scout law.
We've had tremendous success here in Collier County. You
probably aren't aware that there are 1,300 youth members in scouting.
There are almost 600 volunteers to work with those 1,300 youth. We
have one paid professional, James Giles, who does an excellent job.
And you can imagine his evening schedules with all of the scouting
efforts that he has to put out.
We have some of the highest summer camp rates that we've ever
had, and we also offer camper scholarships to any boy that needs
assistance in getting to a scout camp in terms of financial assistance
and equipment. We make sure that no boy is left behind, if you will, in
terms of that.
We have a new program, it's a STEM program: Science,
Technology, Engineering and Math. And you're going to be hearing a
little more about that in a few minutes. And we have our first super
NOVA aware winner, Dalton Sidener, that's on your green there.
One of the best examples I think of the successful scouting in
Collier County is another statistic: Four percent of Boy Scouts across
the country earn their Eagle. In Collier County that percent is nine
percent. So we're doing more than double the national average, which I
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November 18, 2014
think is a real tribute to the volunteers, as well as the quality of the
youth programs that we have.
Our goal for the coming year is to build partnerships and raise
funds necessary to recruit more children, more young scouts, and to
train more volunteers to serve them.
With your continued support, I'm confident that we will achieve
the following goal, which is to have 1,500 scouts by this time next
year.
On behalf of the 1,900 scouts and volunteers, I want to thank the
Collier County Commission for its support. This type of recognition
of the scouting program in Collier County is very important, and we
certainly do appreciate it. So thank you very much for the
proclamation.
(Applause.)
CHAIRMAN HENNING: Next proclamation?
Item #4C
PROCLAMATION RECOGNIZING A NEW WASTE
REDUCTION AWARD PROGRAM RECIPIENT POSITANO
PLACE OF NAPLES. ACCEPTED BY MR. JACK
HEDENSTROM, LCAM, CMCA, COMMUNITY ASSOCIATION
MANAGER AND MR. TOM NIGRO, ASSOCIATION
TREASURER - ADOPTED
MR. OCHS: Item 4.0 is a Proclamation recognizing a new waste
reduction award program recipient, Positano Place of Naples, to be
accepted by Mr. Jack Hedenstrom, Community Association Manager;
Mr. Tom Nigro, Association Treasurer. And this proclamation is
sponsored by Commissioner Henning.
If you'd please step forward, gentlemen.
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November 18, 2014
(Applause.)
CHAIRMAN HENNING: Next proclamation?
Item #4D
PROCLAMATION DESIGNATING NOVEMBER 18, 2014 MARY
ELLEN HAWKINS APPRECIATION DAY IN COLLIER
COUNTY. ACCEPTED BY MARY ELLEN HAWKINS -
ADOPTED
MR. OCHS: Item 4.D is a proclamation designating November
18, 2014 Mary Ellen Hawkins Appreciation Day in Collier County.
To be accepted by Representative Mary Ellen Hawkins. This item is
sponsored by both Commissioner Henning and Commissioner Taylor
individually. And Mr. Chair, I understand that we're going to read this
proclamation.
COMMISSIONER TAYLOR: Do I read it from here or read it
from there?
CHAIRMAN HENNING: Whatever your preference is is fine.
COMMISSIONER TAYLOR: I'd like to stand.
CHAIRMAN HENNING: You can stand right in front of us,
face the audience.
COMMISSIONER TAYLOR: Pay attention, Collier County.
This woman is a visionary.
WHEREAS, Representative Hawkins moved to Naples in 1972
and was elected to the House District 89 in 1974 as the first
Republican and the first female Representative elected to the Florida
House from Naples. She served in the Florida House for 10 terms until
her retirement in 1994. Representative Hawkins still remains the
longest serving State Representative from Collier County; and
WHEREAS, Mary Ellen Hawkins is a former Member of the
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November 18, 2014
Florida House of Representatives from Naples, Florida. An Alabama
native, Representative Hawkins graduated from the University of
Alabama, went on to be a newspaper reporter, teacher and a
congressional aide to several congressmen for over 10 years before her
service in the Florida House of Representatives; and
WHEREAS, while in the Florida legislature Representative
Hawkins played a leading role on legislative committees with
jurisdiction over growth management, the environment, transportation,
education, tourism and appropriations; and
WHEREAS, in 1976 Representative Hawkins worked tirelessly
for legislation to create the Big Cypress Basin within Southwest
Florida Water Management District. This single piece of legislation
has had a significant impact on Southwest Florida and its development
as a first class community;
WHEREAS, in 1989 Representative Hawkins helped to secure
$3.4 million in funding from the State of Florida for the Naples
Philharmonic Center For the Arts, which is now a nationally
recognized facility;
WHEREAS, after Representative Hawkins returned from the
Florida House she continued to have a strong influence on Southwest
Florida. She was appointed by Governor Jeb Bush to a second
three-year term as a member of the governing board of the Big Cypress
Basin where she served as vice chair;
WHEREAS, in 1998 the Basin's headquarters was named the
Mary Ellen Hawkins Building for her dedicated service;
WHEREAS, citizens of Collier County express their appreciation
for her many contributions and outstanding efforts to promote the
well-being of the residents of Collier County, and her initiatives have
had and will continue to have a significant effect on sustaining the
quality of life for generations to come.
NOW THEREFORE be it proclaimed by the Board of County
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November 18, 2014
Commissioners of Collier County, Florida that November the 18th be
designated as Mary Ellen Hawkins Appreciation Day in Collier
County.
(Applause.)
MR. OCHS: Can we get a photo, please, with the
Commissioners?
REPRESENTATIVE HAWKINS: I gratefully accept.
COMMISSIONER FIALA: Do you want to say some -- oh, there
she goes.
REPRESENTATIVE HAWKINS: I'm Mary Ellen Hawkins.
And as I said, I gratefully accept this.
When I first moved to Naples, first came to Naples, it felt like
home. It still feels like home. And though I'm leaving Naples, moving
to Tallahassee, I'm not leaving because I no longer like Naples. I'm
leaving because I -- for my health I need to do that.
So I will never forget Naples. It's home. And if there's anything I
can do for you, any of you in Tallahassee, let me know. I'm used to
that. Thank you so much.
(Applause.)
MR. OCHS: Item 4.E is a --
COMMISSIONER HILLER: Mary Ellen, over here. Mary
Ellen, four years ago you inducted me. It's so fitting that we're
honoring you today. I'm going to miss you so much. You are such a
wonderful person. You have done so much for this community, you've
done so much for everyone who you have touched in your life. And we
are so grateful to you.
My son is going to be in Tallahassee. He's going to take you out
partying. So I just want you to know.
REPRESENTATIVE HAWKINS: I'm going to adopt him.
COMMISSIONER HILLER: And I would say to that I would be
very grateful.
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November 18, 2014
I love you very much. Congratulations.
REPRESENTATIVE HAWKINS: Thank you.
COMMISSIONER TAYLOR: Mary Ellen, as a new
Commissioner here, but as someone who's been in this community for
almost 35 years, your name has always been on everyone's lips. I
knew about you in the City Hall. Everyone said Mary Ellen Hawkins,
Mary Ellen Hawkins.
And when I learned what you did for women in sports, how you
stood up and you said you give money to these universities for boys
and you don't give it to girls? You're not getting the money. That
takes so much courage and so much integrity, and I just am so blessed
to have known you. And God speed on your future and I'll be looking
you up in Tallahassee.
REPRESENTATIVE HAWKINS: Thank you.
CHAIRMAN HENNING: I have a Representative Mary Ellen
Hawkins story. Back in the mid -- early to mid Eighties,
Representative Hawkins had a Town Hall meeting in Golden Gate at
the Golden Gate Community Center. I attended in my work clothes
and it was in the evening. Sparsely attended but really informative.
I stayed back just to comprehend what was taking place.
Representative Mary Hawkins came to the back of the room after the
meeting and introduced herself. She said, what's your name young
man? And I introduced myself. And she says, is there anything I can
do for you in Tallahassee? And gave me her card. And I was such in
awe of meeting somebody, a great representative that would recognize
the common person. Thank you.
COMMISSIONER FIALA: Beautiful story.
(Applause.)
REPRESENTATIVE HAWKINS: If you keep this up, I can't go.
COMMISSIONER HILLER: We're not letting you go.
CHAIRMAN HENNING: Okay. Next proclamation?
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November 18, 2014
Item #4E
PROCLAMATION RECOGNIZING THE 60TH ANNIVERSARY
OF CORKSCREW SWAMP SANCTUARY. ACCEPTED BY
BRAD CORNELL, SOUTHWEST FLORIDA POLICY
ASSOCIATE FOR AUDUBON OF THE WESTERN
EVERGLADES, AND JASON LAURITSEN, DIRECTOR,
CORKSCREW SWAMP SANCTUARY — ADOPTED
MR. OCHS: Yes, sir, Item 4.E is a proclamation recognizing the
60th anniversary of Corkscrew Swamp Sanctuary. To be accepted by
Brad Cornell, Southwest Florida Policy Associate for Audubon of the
Western Everglades and Jason Lauritsen, Director of Corkscrew
Swamp Sanctuary. This item is sponsored by Commissioner Nance.
If you'd please step forward.
(Applause.)
MR. LAURITSEN: My name is Jason Lauritsen, I'm the Director
of Corkscrew Swamp Sanctuary.
And Aldo Leopold stated that to keep every piece, especially
those which you don't understand, is the first rule of intelligent
tinkering. He's a founding father of the modern conservation
movement, one of my personal conservation heroes.
Over 60 years ago people in Southwest Florida recognized that
we were about to lose a piece of our heritage and our ecological
history. That was that Old Growth Bald Cypress Forest that was being
logged.
And they sounded the alarm and people responded. People from
all over the country responded to the loss of the cypress here in Collier
County. And as a result of that effort, people purchased the first 2,880
acres at Corkscrew Swamp Sanctuary. And Audubon, the National
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November 18, 2014
Audubon Society agreed to take over and manage that property.
Our mission today is the same now as it was back then, to protect
the natural resources of Corkscrew and the surrounding watershed for
people and for wildlife.
Davinci once said, you can neither love nor hate that which you
do not first understand. So our goal, our role, is to make sure we don't
lose pieces of our heritage and our natural history and that we bring
people out to teach them about us, they can connect.
So it is an honor to receive this proclamation on behalf of the
National Audubon Society and of the Corkscrew Swamp Sanctuary.
Thank you very much.
(Applause.)
CHAIRMAN HENNING: Next proclamation?
Item #4F
PROCLAMATION DESIGNATING NOVEMBER 21-27, 2014 AS
FARM CITY WEEK IN COLLIER COUNTY. ACCEPTED BY
STEPHANIE KISSINGER 2014 CHAIR OF THE FARM CITY
BBQ AND REPRESENTATIVES OF COLLIER COUNTY 4H
ASSOCIATION, YOUTH LEADERSHIP COLLIER, COLLIER
COUNTY JUNIOR DEPUTIES LEAGUE, AND KEY CLUB
INTERNATIONAL, THE FOUR YOUTH LEADERSHIP
DEVELOPMENT PROGRAMS BENEFITTING FROM THE
PROCEEDS OF FARM CITY BBQ — ADOPTED
MR. OCHS: Item 4.F is a proclamation designating November
21st through November 27th, 2014 as Farm City Week in Collier
County. To be accepted by Stephanie Kissinger, 2014 Chair of the
Farm City BBQ, and representatives of Collier County 4-H
Association, Youth Leadership Collier, Collier County Junior Deputies
Page 24
November 18, 2014
League, Key Club International, and the four youth leadership
development programs benefiting from proceeds of the Farm City
BBQ.
And this item is sponsored by Commissioner Nance.
COMMISSIONER NANCE: Everybody must think the BBQ is
today.
COMMISSIONER FIALA: We've got enough people here to
start it.
MS. WILLEY: Good morning, Commissioners. For the record
my name is Cindy Willey and I am one of the committee members for
the Farm City BBQ. Today -- well, let me back up a little bit.
More than a decade ago I attended my first Farm City BBQ
committee meeting with a clipboard in hand just taking notes, just
there to help. Little did I know how engrained it would become in my
life.
That year we celebrated having 600 people in attendance and
making a whopping $500 in profit.
Last year under the leadership of Sheriff Rambosk we topped
2,200 guests and raised $46,000 that went to help our next generation
of leaders through 4-H, Youth Leadership Collier, Junior Deputies and
the Key Clubs of Collier County.
This year under the leadership of Stephanie Kissinger, our Chair,
we've hit another milestone. See, 10 years ago we were celebrating
sponsorships of 100 and $250. And our cattle baron sponsor --
sponsorship levels have come in over $3,000. So this year we've come
close to -- I think we've got nine sponsors, which is a new record for us
all around.
So I would love to recognize our host sponsor, which is the
Collier County Fairgrounds, Waste Management, which has been
dedicated for several years, Arthrex, Collier Enterprises, Littman
Produce, Naples Daily News, D'Latino's Magazine, Florida Weekly,
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November 18, 2014
Life In Naples, and one of our most exciting new sponsors, Shula's
Steakhouse, which will be providing the steaks this year.
COMMISSIONER TAYLOR: Why don't you repeat that.
MS. WILLEY: Shula's Steakhouse, with that center cut and
Black Angus beef.
And of course I would love to thank Commissioner Nance for his
assistance in connecting us with the Collier County Fairgrounds for
this great venue and for helping bring in more of our farming
community and more of our representatives from Immokalee.
Thank you so much, Commissioner Nance.
(Applause.)
MS. KISSINGER: Don't forget, the BBQ is next Wednesday the
26th at the Collier County Fairgrounds. We hope to see you all out
there. Thank you.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Thank you very much.
I just wanted to say that way back when this first started, for
audience members who maybe weren't here or whatever at the time,
and still to this day, everybody dresses up like cowboys and puts their
boots on. Of course Jennifer always has her boots on, Jennifer
Edwards, bless her heart. And everybody got dressed up for the
occasion. And you stand at these -- what do you call those wooden
things that they build? Oh, the wooden pallets, yeah, I guess they ship
fruit or something on those things, or vegetables. And everybody just
gets down and pretends they're a cowboy. And it is the coolest thing.
And the tickets are only $20. I have two right here available, in
case anybody wants to buy them. You don't want to miss it. It's a
great affair. It's a great networking opportunity for those business
people. Everybody seems to be there to network that day.
And thank you for all you've done to make it so successful. We'll
all be there serving food.
Page 26
November 18, 2014
CHAIRMAN HENNING: Thank you.
(Applause.)
COMMISSIONER NANCE: Yes, Mr. Chair, I'd like to add a
few other comments. It is indeed going to be at the Collier County
Fairgrounds under the pavilion this year, which I think will be a great
venue. It's going to be certainly rain-safe so if we have potentially
inclement weather there's no reason for you not to come.
And I will also tell you I think you'll be very surprised because
we're actually sneaking up on the committee. I think we're going to
have a very spectacular salad, for those of you that are interested in
local produce. I would encourage you to come. I think it's going to be
very exciting and something maybe a little new this year.
So you all come. We'll look forward to seeing you. For those of
us that have been cowboys, real cowboys in our life, we look forward
to joining with everybody for a great afternoon. Thank you very
much.
CHAIRMAN HENNING: You've been a cowboy?
COMMISSIONER NANCE: I know I don't look like it, but I
actually have.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: No Immokalee salad?
COMMISSIONER NANCE: The Immokalee salad is going to be
re-instigated. What we've had in recent years really hasn't been
Immokalee salad. You're going to see a spectacular, spectacular
Immokalee salad this year.
COMMISSIONER HILLER: Like revitalized?
COMMISSIONER NANCE: Revitalized, new and improved,
majestic and impressive.
COMMISSIONER HILLER: I'm quickly looking through some
photographs here. You are a cowboy, Commissioner Nance, because I
wore your hat last year, I stole it from you. And I have a picture of
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November 18, 2014
Commissioner Fiala who looked very much like an executive chef
rather than a cowgirl. And I have to get this picture. I'm going to
email it to Leo and maybe at some point you can put it up on the
overhead, because I think people deserve to see just how great
Commissioner Fiala looks when she's prepped and ready to grill
Shula's steaks. Hang on a second, I'm going to find it.
CHAIRMAN HENNING: Can we read the next proclamation?
COMMISSIONER HILLER: Go ahead.
CHAIRMAN HENNING: Next proclamation.
Item #4G
PROCLAMATION DESIGNATING NOVEMBER 2014 AS
DIABETES AWARENESS MONTH IN COLLIER COUNTY.
ACCEPTED BY MEMBERS OF THE BLACK AFFAIRS
ADVISORY BOARD LAVERNE FRANKLIN, VAUGHN
YOUNG, DEBRA JOHNSON HUBBARD, JENNIFER
WILLIAMS, DARLING SMITH AND DR. PAMELA WILKINS —
ADOPTED
MR. OCHS: Yes, sir. Item 4.G is a proclamation designating
November, 2014 as Diabetes Awareness Month in Collier County. To
be accepted by members of the Black Affairs Advisory Board,
LaVerne Franklin, Vaughn Young, Debra Johnson Hubbard, Jennifer
Williams, Darling Smith and Dr. Pamela Wilkins. And this item is
sponsored by Commissioner Fiala.
Ladies, if you'd step forward and receive your proclamation.
(Applause.)
MS. FRANKLIN: Good morning. My name is LaVerne
Franklin. I am the chair person for the Black Affairs Advisory Board.
And we are honored to accept this proclamation.
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November 18, 2014
And I would like to say too that this proclamation is about
diabetes awareness. And even though it's -- November is dedicated as
that month, we as the Black Advisory Board, we take it a little further.
Because during our research we have discovered that diabetes affects
every single lifestyle or communities. And even though we focus on
African-Americans, we also realize that it affects everyone, including
my family.
So what we decided to do is to take it further and thank goodness
for the county board, they allowed us to do a Diabetes Awareness Day,
which is very, very successful. And we thank our Commissioner,
Donna Fiala, who gave opening remarks for that occasion.
In addition to that, we decided that we need to partner with
hundreds and thousands of people across the county. And we had a
wonderful successful event last year. We had over 30 tables and
vendors, we had approximately 20 speakers, and we did something that
was very unique. We had people to come in from all societies, from
all agencies to participate, because they realize the importance of
diabetes awareness. A lot of people don't even realize that they have
diabetes.
And what we did on that day, and I thank our members of the
board, because it's a lot of work that went into that. And what
happened was that we reached hundreds and hundreds of people. It
was so impressive that people came up to us and said -- and they're still
calling us saying, when are you going to do it again? We want to get
started, we want to participate in this.
And even with the school board -- and that's one thing I would
like to bring to your attention today is that we did have a representative
from the school board last year to participate in Diabetes Awareness
Day. And we would like to partner with them again this year, because
a lot of kids, a lot of our students have diabetes.
So as a Black Advisory Board, we're asking you today to please
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November 18, 2014
to approve us having again the Diabetes Awareness Day. In addition
to that, maybe you would grant us the opportunity to meet with some
of the representatives at the school board. Because they are genuinely
interested in spreading the word, letting people know that we have
resources here and that we on the Black Advisory Board are willing
and able to step forth and advise our people, to provide them with
information and leadership. Because you had to be there last year.
And we're asking everybody, if you approve, which I hope you do
today, that we can start. Because people are calling us. And they're
getting very upset because they think we have the power to do it and
we don't. So we need our County Commissioners to approve us to
have Diabetes Awareness Day.
Okay, so all that said, we say thank you very much, we'd like to
thank our County Commissioners, we'd like to thank the staff and our
members of the board and say thank you, thank you for allowing us to
serve our county, because we love it here and we want to make it a
better place for everybody. Thank you very much.
(Applause.)
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes. LaVerne, maybe we can meet
after this and you can tell me what you need from us so that I can carry
it forward, okay? And give me a date and a location and what we can
do as a county, okay?
MS. FRANKLIN: Thank you very much.
COMMISSIONER FIALA: Thank you.
COMMISSIONER HILLER: Leo?
CHAIRMAN HENNING: Entertain a motion to approve today's
proclamation.
COMMISSIONER NANCE: Move approval, Mr. Chairman.
COMMISSIONER FIALA: Second.
COMMISSIONER HILLER: I'll --
Page 30
November 18, 2014
CHAIRMAN HENNING: Seconded by Commissioner Fiala.
COMMISSIONER HILLER: Can I make an amendment to the
motion? Motion maker, could you amend it to include the photograph
of all of us wearing your hat?
COMMISSIONER NANCE: Yes, Commissioner Hiller is going
to distribute the photograph.
COMMISSIONER HILLER: Leo, can you put that picture up? I
want everyone to see it. Because they need to understand how great it
is.
MR. OCHS: As soon as I get it here, ma'am. Okay, Tim's going
to load it up so we can put it on. It may take a couple minutes.
CHAIRMAN HENNING: Okay, can we vote on this?
All in favor of the motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Can we go to presentations now while Tim's doing something
over there?
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR NOVEMBER 2014 TO COMCAST CABLE.
ACCEPTED BY JUSTIN DAMIANO, MANAGER,
GOVERNMENT AND REGULATORY AFFAIRS — PRESENTED
Page 31
November 18, 2014
MR. OCHS: Mr. Chairman, Item 5.A is a presentation of the
Collier County Business of the Month for November, 2014 to Comcast
Cable. This item is to be accepted by Justin Damiano, the Manager of
Government and Regulatory Affairs for Comcast Cable.
Please step forward.
(Applause.)
CHAIRMAN HENNING: Next presentation.
MR. OCHS: Sir, go ahead.
CHAIRMAN HENNING: I'm sorry, go ahead.
MR. DAMIANO: Well, first of all, thank you to the
Commission, thank you to the greater Naples Chamber of Commerce,
and most importantly, thank you for making Collier County a great
place to do business. It's a real honor to receive this today for this
month.
As Comcast shapes the future of media and technology in
Southwest Florida, our 1,400 employees strive to earn the trust and
respect of our customers, but most importantly the members of this
community. And we do this by investing in nonprofit organizations
that offer diversity oriented programs that focus in three main areas:
First, digital literacy and computer skills; second, volunteerism and
community service; and third, mentoring and building tomorrow's
leaders.
An example of-- three examples of those nonprofit organizations
are the -- first of all the Southwest Florida Junior Achievement. For
over 30 years Comcast has supported Junior Achievement through the
Business Hall of Fame awards. This year Junior Achievement
received a Gold Medal Grant to enhance the Internet technology
portion of its entrepreneurship program.
And what I mean by Gold Medal Grant is you probably
remember last spring the Commission passed a proclamation
announcing Collier County as one of the top school districts in the
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November 18, 2014
country for connecting low-income families with broadband access at
home through a low cost Internet service with Comcast Internet
Essentials. And we raised awareness about this. Better than anywhere
else in the country, Collier County was connecting low-income
families with a program like this.
Well, as a result and to enhance that momentum, we created over
a million dollars in grants for local nonprofit organizations for these
top performing school districts -- or in these top performing school
districts, and we dubbed those Gold Medal School Districts. And so
that's where these Gold Medal Grant recipients came from. And Junior
Achievement was one such recipient.
Another recipient was The Boys and Girls Club of Collier
County. The Boys and Girls Club recently received a $50,000 grant
from Comcast to support its Club Tech Program. The technology
center opened recently, actually, November 1 lth, and it offers
programs and courses in computer aided design, science, technology,
engineering and math, vocational technical workshops, medical clinics
and audio video recording.
Comcast is also a signature supporter of their Youth of the Year
Awards. And this year all of the Youth of the Year nominees from
Boys and Girls Club of Collier County received a laptop computer,
there's about 40 of them, from Comcast.
And finally, Comcast also awarded a Gold Medal Grant to the
Immokalee's Center, or the Amigos en Cristo, Inc. organization in
Immokalee. Their technology lab offers English language training,
immigration and other social services. And so the program there was
to enhance the technology of that lab in that very rural neighborhood.
And then finally, and recently, Champions For Learning recently
named Comcast in its 25th Anniversary Honor Roll. The Honor Roll
recognizes companies like Comcast who have given a cumulative total
of more than a quarter of a million dollars to enrich the environment
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November 18, 2014
for students learning here in Collier County.
And you probably may be familiar with the Southwest Florida
Celebration of Reading. Comcast is a signature supporter of the
Barbara Bush Foundation Celebration of Reading. We donate over a
million dollars each year in public service announcements air time to
further their event that happens right here in Bonita Springs.
So again, thank you so much. One thing I'll just say lastly is our
new Xfinity store opened recently, and we're opening a new south
Xfinity store in the south end of the market. The first one was opened
in Commissioner Hiller's district and the other one will soon be
coming in Commissioner Fiala's district. These are three times the size
of our existing payment centers, and they are designed with our
customers in mind. Lots of plasma TV's screens everywhere, and it's
really a neat experience, completely different feel. So we're excited
about making that investment in Southwest Florida. Thank you.
(Applause.)
CHAIRMAN HENNING: Next presentation?
Item #5B
PRESENTATION OF THE DR. CHARLES H. TOWNES
SUPERNOVA AWARD, THE BOY SCOUTS TOP STEM
AWARD FOR WEBELOS, TO DALTON SIDENER, WEBELOS
SCOUT, PACK 210 CHARTERED BY THE BIG CORKSCREW
ISLAND VOLUNTEER FIREFIGHTER'S ASSOCIATION
RECOGNIZING HIS ACCOMPLISHMENTS — PRESENTED
MR. OCHS: Item 5.B is a presentation of the Dr. Charles H.
Townes Supernova Award, the Boy Scouts top STEM award for
Webelos to Dalton Sidener, Webelos Scout, Pack 210, chartered by the
Big Corkscrew Island Volunteer Firefighters Association recognizing
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November 18, 2014
his accomplishments.
Please step forward.
(Applause.)
MR. SAUNDERS: Mr. Chairman, let me make a quick comment
as you're making that award, with your permission. Burt Saunders for
your record.
Commissioners and guests, we have a National Boy Scouts of
America award to present to Dalton Sidener, a Webelo Scout with
Pack 210 and a student at Corkscrew Elementary. He has fulfilled all
of the requirements required for the Dr. Charles H. Townes Supernova
Award.
Now, in order for this Board to make the presentation, you have
to be designated as a Court of Honor. That's how these types of
awards are made to recipients.
So by the authority invested in me by the National Council, Boy
Scouts of America and the Southwest Florida Council, I declare this
Court of Honor convened.
(Applause.)
MR. SIDENER: Good job, son.
COMMISSIONER FIALA: Oh, that's beautiful.
MR. SAUNDERS: Mr. Chairman, Mr. Giles is going to give you
a little description of the award.
CHAIRMAN HENNING: Thank you.
MR. GILES: To qualify for this award, Dalton earned the
Scholar, Scientist and Engineer Activity badges, along with three other
STEM-related activity bandages. He researched information about
five scientists, including Nobel Laureate Charles H. Townes, who
invented techniques to create the first lasers.
Dalton also used the scientific method to hypothesize the
performance of a robot he constructed with various renewable energy
sources.
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November 18, 2014
Thank you very much. Congratulations, Dalton.
(Applause.)
COMMISSIONER NANCE: Mr. Chairman, I'd like to say that I
believe the Board of County Commission and the community should
be thrilled with the amount of youth recognition and youth oriented
things that are throughout our agenda today. Not only do we have
scouting recognized numerous times, the Farm City BBQ, which raises
funding each year for youth activities, we also have other activities on
the agenda. And of course this last weekend we had our youth hunts at
the Pepper Ranch.
So I'm absolutely delighted that we can talk about the amount of
youth programming and support.
And in addition, our businesses are coming up and talking about
their programs. So I'm just personally delighted.
CHAIRMAN HENNING: Great. Thank you.
Next presentation?
Item #5C
RECOGNIZING JONATHAN HARRADEN, PARAMEDIC
COMPANY OFFICER, EMS AS THE EMPLOYEE OF THE
MONTH FOR OCTOBER 2014 — RECOGNIZED
MR. OCHS: Item 5.0 is a recommendation to recognize
Jonathan Harraden, Paramedic Company Officer with our Emergency
Medical Services Department, as the Employee of the Month for
October, 2014.
Jonathan, if you'd please step forward.
(Applause.)
COMMISSIONER TAYLOR: He asked about his parking spot.
Thank you very much.
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November 18, 2014
MR. OCHS: Commissioners, let me tell you a few things about
Jonathan while he's getting his photo taken.
John's a 20-year employee of county workforce. His primary
duties include the daily operations of a rescue ambulance, responding
to 9-1-1 calls for help and providing medical treatment and
transportation to the sick and injured in our community.
He was among the first group to participate in the Interim
Battalion Chief Mentoring Program, and was recently chosen to
become the Search and Rescue Team coordinator. This is an
uncompensated position above and beyond his regular EMS duties,
working in conjunction with the Collier County Sheriffs Office.
John has been an asset to the department his entire career. With
his no nonsense approach, his resourcefulness and enthusiasm, he
willingly accepts other assignments and responsibilities, and this
proves just how deserving he is of this prestigious award.
Commissioners, it's my honor to present Jonathan Harraden as
your Employee of the Month for October, 2014.
Congratulations, Jonathan.
(Applause.)
CHAIRMAN HENNING: Next?
Item #5D
RECOGNITION OF COLLIER AREA TRANSIT AS THE
RECIPIENT OF THE FOLLOWING AWARDS PRESENTED BY
THE FLORIDA PUBLIC TRANSPORTATION ASSOCIATION:
BUS SAFETY (3RD PLACE); PRINT COLLATERAL (2ND
PLACE); PRINT - INSTRUCTIONAL INFORMATION (1ST
PLACE); SIGNAGE & GRAPHIC - INTERIOR BUS (1ST
PLACE); AND INTERNAL EMPLOYEE COMMUNICATIONS
(1ST PLACE) — RECOGNIZED
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November 18, 2014
MR. OCHS: Mr. Chairman, Item 5.D is a recognition of the
Collier Area Transit as the recipient of the following awards recently
presented by the Florida Public Transportation Association.
It was a third place award for bus safety; second place award for
print collateral; first place award for print instructional information;
and a first place award for signage and graphic for interior buses; and
also a first place award in the international employee communications
category.
So we'd like to recognize the employees and leadership in our
public transit operation to step forward and receive their award.
CHAIRMAN HENNING: Duly noted. Bring it up here, I'll give
it to you.
MS. ARNOLD: We have several. I'm going to have Trinity
bring them up for you.
We worked very -- I'm so proud to say that we had a very
winning week at the Florida Public Transit Association.
As noted in the agenda, we won third place. And I'll just kind of
show those to you. We won a third place award for print collateral.
And that particular advertisement was promoting a new route to the
beach. And we're really proud of the creative efforts that our staff has
made with limited staff.
We won a third place for bus safety award. And that was based on
three years -- over a three-year period looking at our statistics in a
national transit database, as well as our annual operating report and
looked at things like our passenger count, the number of vehicles
utilized, the vehicle miles that we traveled and number of incidents,
both major and minor, that we had in the system. And looking at all
the various fixed route systems within the state, we ranked third
overall. So I'm really proud of that.
We also won a first place for the internal employee
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November 18, 2014
communication. And that consisted of a video that we produced for
our employees so we could use in retraining efforts to make sure that
they're utilizing our electronic fare boxes correctly, as well as when
new employees come onboard we can utilize that video to train them.
We were also awarded a first place for instructional information.
We produced a flier that showed -- that was provided to the public
when we installed our new fare boxes on the system, and this helped
them figure out how to utilize the system with their Smartcards, as well
as their transfers and the like. And so this is an example of that flier
that was put together by staff.
A first place award was also presented to us for signage and
graphics for internal bus. We had our staff put together this flier that
was posted in our buses that would encourage people to purchase our
monthly passes at a savings. So it showed them that they could get a
lot more rides for less money.
And all of this was presented to us October 28th -- yeah, I think it
was 28th, at the Florida Public Transit Association.
I have staff in here. Trinity Scott is my Transit Manager, and we
also have the staff in the back, and I'll have them come up for
photographs.
CHAIRMAN HENNING: Come on up.
(Applause.)
CHAIRMAN HENNING: Trinity Scott has been a great addition
to Collier Area Transit. I'm sure it was -- well, by the presentation it
appears that it was a lot of her work. So thank you, Trinity.
MS. ARNOLD: I'm really happy to have Trinity as my new
Transit Manager. She's been instrumental in getting everything
brought into shape.
And I want to recognize one of the staff people. Arcadia Rivera,
he was instrumental in a lot of the marketing in putting his creativity to
work. So thank you, Arcy.
Page 39
November 18, 2014
And next -- (Applause.)
Item #5E
RECOGNITION OF COLLIER AREA TRANSIT AS THE
RECIPIENT OF THE 2014 OUTSTANDING TRANSIT SYSTEM
OF THE YEAR AWARD PRESENTED BY THE FLORIDA
PUBLIC TRANSPORTATION ASSOCIATION — RECOGNIZED
MR. OCHS: Commissioner, our next item is S.E. It is a
recognition of Collier Area Transit as the recipient of the 2014
Outstanding Transit System of the Year Award, presented by the
Florida Public Transportation Association.
MS. ARNOLD: Okay, again I am so thrilled about this particular
award, because it's saying that we are the best amongst the state. So I'm
just so thrilled that we got that one. When they were announcing the
statistics about who was winning a particular award at the conference,
I think I was holding my breath the whole time.
But they look at both quantitative measures for a three-year
period in our National Transit Data Information, and they also looked
at qualitative measures such as safety, our operations, our customer
service, our finance management, attendance of our employees and the
costs associated with that, staff development that we do to make sure
that they are keeping up with requirements, marketing that we do,
policy and administration and communication. So it's an array of
things that they're looking at to judge us. And we were judged
amongst five other nominees for this particular award.
And it's -- the group that was evaluating this was a combination
of the executive director for the Florida Public Transit Administration,
FDOT representative, and the Center for Urban Transportation and
Research. So we won this particular award again at the association
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November 18, 2014
meeting. And it demonstrates our achievement of efficiency and
effectiveness. And as I said, we were nominated amongst five other
systems within the state.
And there should be a banner that's flying on campus that just
congratulates the efforts that our team has made. And again, I'm very
proud of the efforts and thank you for recognizing us today.
(Applause.)
MS. ARNOLD: Can I ask the group to come up? It is a team
effort. So come on up, guys.
(Applause.)
CHAIRMAN HENNING: Okay, next? Presentation?
Item #5F
RECOGNITION OF THE COUNTY EMPLOYEES WHO WERE
SELECTED AS WINNERS OF THE DISTINGUISHED PUBLIC
SERVICE AND EXCELLENCE IN PUBLIC SERVICE AWARDS
BESTOWED BY THE GREATER NAPLES CHAMBER OF
COMMERCE, IN ASSOCIATION WITH NAPLES DAILY NEWS.
CONGRATULATIONS TO THE WINNER OF THE
DISTINGUISHED PUBLIC SERVICE AWARD ISABELLE
FAVIER, PARAMEDIC/FIREFIGHTER COMPANY OFFICER,
EMS; AND WINNERS OF THE EXCELLENCE IN PUBLIC
SERVICE AWARD JAMIE FRENCH, DEPUTY
ADMINISTRATOR, COLLIER COUNTY GROWTH
MANAGEMENT DIVISION AND PAUL E. MATTAUSCH,
DIRECTOR, NORTHEAST UTILITIES INTEGRATION, PUBLIC
UTILITIES DIVISION — RECOGNIZED
MR. OCHS: Yes, sir, Item 5.F is a recognition of the county
employees who were selected as winners of the Distinguished Public
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November 18, 2014
Service in Excellence in Public Service Awards bestowed by the
Greater Naples Chamber of Commerce in association with The Naples
Daily News. We'd like to congratulate the winner of the Distinguished
Public Service Award, Isabelle Favier, Paramedic/Firefighter
Company Officer with Emergency Medical Services, and winners of
the Excellence in Public Service Award, Jamie French, Deputy
Administrator, Collier County Growth Management Division, and Paul
Mattausch, Director of the Northeast Utilities Integration Program
from our Public Utilities Division.
If you three would please step up and be recognized.
(Applause.)
COMMISSIONER FIALA: I'd like to just say, I was so proud of
these guys. I attended the ceremony. The Chamber announced and
showed pictures of all that they've been doing, and I was just bursting
with pride as I watched each and every one. Our own people, all three
awards. I don't know if the county's ever received three awards in one
year before. But you all make us so proud.
And folks, this is the quality of people we have working in Collier
County government.
(Applause.)
CHAIRMAN HENNING: Our last presentation?
Item #5G
CONSIDER THE RECOMMENDATIONS CONTAINED IN THE
CONSERVANCY OF SW FLORIDA'S OIL LEGISLATION
PRESENTATION — PRESENTED
MR. OCHS: Yes, sir, that is Item S.G. It is a recommendation to
consider the recommendations contained in The Conservancy of
Southwest Florida's oil legislation presentation.
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November 18, 2014
This item was placed on the agenda by Commissioner Fiala.
COMMISSIONER HILLER: Leo, are we going to hear this in
conjunction with 11.D, or is that changed?
CHAIRMAN HENNING: It was changed.
MR. OCHS: I think that was changed on our change sheet this
morning. We were asked to move it to 5.G by Commissioner Fiala.
COMMISSIONER HILLER: Okay. Because on the agenda it
says to be heard in conjunction with 11.D. So I didn't know if that
meant that 11.D would follow immediately.
CHAIRMAN HENNING: No.
MR. OCHS: No, ma'am, that's when it was still under 10.B.
COMMISSIONER HILLER: No, I understand that it was
moved, but I'm just referring to the note. Are you separating --
MR. OCHS: That's the prerogative of the Chair.
CHAIRMAN HENNING: The Board already voted on it, and it
was to be added to the presentations.
COMMISSIONER HILLER: That's where it is.
CHAIRMAN HENNING: Yep.
COMMISSIONER HILLER: It still says in conjunction with
11.D.
COMMISSIONER FIALA: Hi, Jennifer.
CHAIRMAN HENNING: Jennifer, are you ready today?
MS. HECKER: I am ready. I don't know if they were going to
put a presentation up.
MR. OCHS: Sure. Whenever you're ready, Jennifer.
MS. HECKER: Okay. All right. Just if you wouldn't mind
giving me a moment.
MR. OCHS: Sure.
MS. HECKER: We submitted it. It was attached to the agenda
when it was sent out. The Power Point was provided in advance. You
don't have it?
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November 18, 2014
MR. OCHS: We have the hard copy in the package, yes. We
don't have the --
MS. HECKER: Okay. Well, let me go grab a flash drive then.
Hold on a second.
COMMISSIONER FIALA: Luckily she walks around with a
flash drive. That's good.
MS. HECKER: All right. Good thing we come prepared.
Good morning, Commissioners. Thank you so much for allowing
The Conservancy of Southwest Florida to give you this brief
presentation today. We hope that this information is useful.
We've worked very hard over the summer to try to synthesize
everything that we've learned from what happened out at the Hogan
well site with the unauthorized fracking-like activity that was
undertaken at that site, to try to improve oil well laws regulations
going forward to make sure we're never put in that situation again and
that you all in the future will have more information and be better
prepared for expanded oil drilling in Collier County.
First there is an upsurge in permit requests in Southwest Florida
in the past five years. DEP has received 39 drilling applications,
granting 37 of those. The other two were incomplete or withdrawn.
Many of those were right here in Southwest Florida.
This is, as you can see from the map, not really a state-wide issue,
it really centers around Southwest Florida and the Western Panhandle.
All the oil production in Florida, it's important to know, is only
one-tenth of one percent of all U.S. oil domestic production. So on a
national scale we're not huge oil producers, but still it's a significant
amount of activity in our state.
1943 was when oil was first discovered. And in the Seventies, it
expanded when it was found in the Panhandle as well. And the
regulations were really developed in the Seventies, and they're decades
old. In 1996 there was language added to the Florida Administrative
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November 18, 2014
Code which defined hydraulic fracturing specifically as a work-over.
So that is where the perception then was created that that is an allowed
use, a work-over use.
We feel that really all of the different reforms needed to oil and
gas regulation boil down to four key issues: One has to do with
information and transparency; secondly, effective oversight; third,
accountability; and fourth, public safety. Those are the four legs, if
you will, of any effective oil and gas bill.
The first piece is providing information to make sound decisions.
We know that these unproven techniques could affect our state
differently than other states. We have very unique geology and
hydrology. We feel that it is appropriate to suspend permitting of these
unproven techniques until there's a scientific study done to determine
if, how and where these extreme extraction methods can be done safely
in Florida.
We also believe that we should require well operators to submit
DEP records such as pressure logs, which are absolutely vital for
knowing if there are any leaks or cracks in the casings during the well
procedures.
We also believe that oil drillers should have to disclose all
chemicals to DEP in their permit application. Right now they don't
have to disclose that until after the permit is issued. We think that
information is necessary for the state to have before it makes its
permitting decision.
Secondly, the state should have the authority and ability to
effectively oversee these activities. Right now the work-over is simply
a notice. So they can go in and get a permit for one type of technique,
switch to hydraulic fracturing and all they have to do is notify the
agency. They do not right now, the agency, have the legal ability to
approve or deny such action. That's what the issue is with the ongoing
litigation.
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November 18, 2014
So we want to clarify that they should always have the authority
to stop unsafe drilling practices going forward. And that shouldn't be
simply a work-over notice, it should be a new permit if they switch
drilling techniques.
They should also require that abandoned boreholes near proposed
well sites are properly plugged per current standards, not the standards
in the Forties and Fifties, but per current plugging and abandonment
standards that are required for any plugging done today.
And they should give DEP the authority for ongoing access.
Right now it's very illogical, because DEP, after they permit it, has to
get permission each and every time they go on the site afterwards.
Well, obviously they can't do proper inspection monitoring
enforcement without access. They should always have the ability to
access the site.
So third, we need to hold operators accountable. This has to do
within increasing bonds and fines. You heard DEP talk about this
piece. That's really the pillar of their bill is looking at accountability,
which of course is important, but we need proactive solutions, not just
reactive. It's important to be able to do bonds and fines, they're an
important deterrent, but we also need to make sure that we have
drilling fees so that DEP collects monies to do inspections in the future
and that drillers are responsible for paying all the costs for remediation,
even if those go beyond the bonded amount.
Finally, the fourth pillar is providing resources to the public to
ensure its safety, requiring disclosure of operating information that
may impact public health. Emergency responders to put out a fire or to
respond to a medical emergency, they need to know what chemicals
are being used on that site so they can be prepared. Right now that
information is not being collected and being transferred to the state.
We believe that should go into a state managed public database and
then be available for local governments and the public to access.
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November 18, 2014
There should be a pathway for the public to challenge trade secret
determinations if there is a question that inappropriate information is
being withheld under the Trade Secret Laws.
There has been prior bills. House Bill 71 and 157 have been
introduced. These bills had always dealt with primarily the
information sharing, what information. And then again, that's just one
of the four pillars of an effective oil bill. So while that's important and
we do support that, we want to see a bill that is comprehensive that
addresses all four things.
Again, the DEP bill focuses on accountability, another leg, but we
need all four legs, the information as well.
So we would like these recommendations to be considered in the
county's moving forward with expressing its legislative priorities.
These actually all complement those provided by DEP and AECOM.
We would like to see that well and site construction requirements are
amended to include buffers for residential areas and old boreholes; that
there be no new permits issued until there's a study completed for any
unconventional extraction techniques; that they require inspections and
monitoring by DEP and allow inspectors to stop work, including
support for automatic ongoing access to the site, support for the new
drilling fees to cover the cost of inspection so that the drillers pay but
the DEP is the one who actually does it, rather than right now where
the driller is responsible for inspecting their own site. We don't think
that is appropriate going forward. But DEP shouldn't have to pay for it
either.
Also including that DEP have the authority to approve or deny
these work-overs. Again, they should be able to stop any unsafe
procedures before it gets to the point of inspection. I know that
AECOM talked about the inspectors being able to stop work, but we
want to be proactive. We want to stop unsafe practices before they are
undertaken. So having that authority upfront in the permitting process
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November 18, 2014
would allow them to be more proactive.
Requiring chemical disclosure. Again, this is essential. Not just
the names of what chemicals are used but the amounts, the mass and
concentration. That's absolutely essential for understanding the
toxicity of these different chemicals. Many of those are human
carcinogens. We need to know the amounts that are being used and
injected underground through our drinking water supplies.
We also need to include support that this information is put on a
state housed registry and that there's a public process to challenge these
trade secret claims when they're used inappropriately.
We would like Collier County to be copied on projects within the
county boundaries, that the county should get access to some trade
secret information that the public might not get access to. Because the
county has a fiduciary responsibility to its citizens, it needs
information to give its emergency responders that may not be able to
be shared with the public at large. But we think that's appropriate and
that should be required.
We would also like to increase those bonds to make it a real
deterrent and hold a certain amount in case there is a cleanup. But we
need language additionally added for any and all remediation, in the
event that the bond is not sufficient. Because even it's $2 million, that
may be insufficient if there is a true accident out on the site.
Finally, we just wanted to end with saying that, you know, we
know that with these newer technologies going to be increased interest
in expanded oil extraction. And while we've had vertical drilling for
many years in Collier County and haven't had many problems for
public health or environmental safety, we are concerned that these new
extraction -- unproven extraction techniques are very different in
Florida with our porous geology than in other parts of the U.S. They're
really unproven. And rather than assuming that they're safe in the
absence of science, we do not want to be experimenting with our
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November 18, 2014
water, land and wildlife. We want to make sure that we do the science
first and let that inform our decision as to if, how and where these
techniques are used.
So we think it's critical that the legislation be updated
immediately, because we know the applications are coming. This
session is a critical opportunity. We're hoping that the county will be
engaged in expressing your recommendations.
I've been working with other counties, with state legislators, to try
to build awareness as to what we can do to comprehensively reform oil
and gas regulations to protect public health and safety better. And we
hope that you'll consider our recommendations today going forward.
Thank you so much.
CHAIRMAN HENNING: Jennifer, I've got a question. Doesn't
The Conservancy have its own stipulated agreement with DEP?
MS. HECKER: Yes, we do. And Ralph Brookes is here, our
attorney, he might be able to speak to that.
CHAIRMAN HENNING: Well --
MR. BROOKES: Yes, this is our legal document that we signed
with DEP.
CHAIRMAN HENNING: And that's -- you're going to work
with DEP in future legislation?
MR. BROOKES: Yes, we are working with them.
CHAIRMAN HENNING: Well, we do too. And that's why we
hired a professional, to give us some guidance on factual scientific
information for legislation.
Can you turn to your slide four, please? Go back to it.
MS. HECKER: That slide?
CHAIRMAN HENNING: No, it actually says number four, the
four-legged.
MS. HECKER: This one?
CHAIRMAN HENNING: Yeah. The oil well site that's on fire.
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November 18, 2014
Where was that in Collier County that there was a fire of that nature?
MS. HECKER: No, there hasn't been any in Collier County.
That's what we're trying to introduce legislation as to prevent, to be
proactive in preventing any type of accidents that have occurred
elsewhere in the United States.
CHAIRMAN HENNING: Was that a petroleum well site that
was on fire or was it a, you know, natural gas or --
MS. HECKER: It's only meant to be illustrative in showing that
there has been other accidents in other parts of the country. You know,
we --
CHAIRMAN HENNING: Was that an oil site or was it -- I think
it's natural gas, isn't it?
MR. BROOKES: This particular photo shows natural gas. The
wells in Collier County have natural gas that is not being collected but
it is being disbursed to the atmosphere without being flamed. It's
another problem that's out there that isn't addressed in your report. But
these wells here in Collier County are releasing gas to the air as an air
pollution problem, potential fire problem and potential toxic hydrogen
sulfide problem for residents who live within a couple thousand feet of
these wells.
CHAIRMAN HENNING: Okay, thank you.
Let's take a 10-minute break and get back to the meat of our
agenda. Let's be back at 2:47 -- 10:47. I like 2:47.
(Recess.)
MR. OCHS: Ladies and gentlemen, please take your seats.
Mr. Chairman, you have a live mic.
CHAIRMAN HENNING: Ms. Hushon wants to give a
presentation on sea level rise.
Item #6A
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November 18, 2014
PUBLIC PETITION REQUEST FROM JUDITH M. HUSHON,
PH.D. REQUESTING THAT THE COUNTY TAKE A REGIONAL
APPROACH TO ADDRESS SEA LEVEL RISE - DISCUSSED;
COMMISSIONER NANCE TO DISCUSS WITH REGIONAL
PLANNING COUNCIL AND BRING BACK INFORMATION TO
THE BOARD
MR. OCHS: Yes, sir, Mr. Chairman. That's Item 6.A on your
agenda, public petition from Ms. Judith Hushon, requesting that the
county take a regional approach to address sea level rise.
Go ahead, ma'am.
DR. HUSHON: Good morning, Commissioners. I'm supported
here today by John Cox, president of the Greater Naples Chamber of
Commerce, and by Susan Calkins, representing the League of Women
Voters. She's here.
We have evidence that sea level rise is occurring and that it is
occurring in South Florida. You've probably seen some of the articles
in the paper. It's been measured off the Naples Pier. It's happening.
And South Florida is one of the most vulnerable areas.
Everybody will agree to that. You know, there are a few others, there's
Norfolk and there's the tip of New York City and Louisiana, but we are
on that radar map in bright red. So we should be paying attention to
this.
Miami-Dade has already had saltwater coming up through their
storm sewers during the spring and fall high tides. You may have
heard of that. What they have had to do is install pumps to keep the
water off their streets down in South Beach.
In addition, they've had to abandon approximately 15 -- I'm not
sure of the count today, it's at least 15. It was 15 when I checked, these
are water wells, drinking water wells, because of saltwater intrusion
into the wells. And they've had to drill them further inland and
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November 18, 2014
obviously re-pipe to deliver water to their customers' base.
We can view Miami-Dade and Southeast Florida as a canary in
the coal mine. It's signaling it's time for us in Collier County to take
some action. We can't keep our heads in the sand, much as our sand is
beautiful and we'd love to keep our feet in it anyway.
On the east coast the counties of Miami-Dade, Broward, Palm
Beach and Monroe, as well as the cities of Boyton Beach and Fort
Lauderdale, have come together to start addressing this problem. They
first met in 2009 and they have already come up with a number of
action items and deliverable reports.
What they did was to sign a regional compact. Their leaders, just
like you, all met together and agreed at a meeting to all sign original
compacts, stating that they intended to work together.
I think I sent you all a copy in your packets of the compact that
was signed. It's very short, very simple as part of that exercise.
And in fact they've even put forth a few pieces of legislation.
And what basically you'll agreed to do is to incorporate this into your
own land development codes or whatever you have that you're
operating under. Obviously each city and county has a slightly
different structure. But they basically are coming up with the same
type of actions, action plans, so that the action is uniform along the
coast.
On the west coast several jurisdictions have already taken action.
Charlotte Harbor has done the most. They have a rather
comprehensive plan and studies. Lee County, somewhat less, and
Sarasota has done something.
We are noticeably absent in that these actions have not been
unified. There was a study prepared in 2009 by the Regional Planning
Council under Jim Beever, and it collected information from all of the
counties and tried to do some of the initial planning for sea level rise
and stormwater. This is actually a pillar of the Regional Planning
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November 18, 2014
Council, if they are to look at this type of activity.
And some of you have served on it. I know you have, Tom. And
so these -- this sea level rise report that they did in 2009 is a little thin
on Collier County because Collier County had to put together the right
data to kind of feed into the report. So we didn't get good solid action
activities out of the report. We need to do more in terms of preparing
that information.
Recently Collier County prepared a flood management plan. This
details some of the needed data. But we also have some great data
available to us. We have LIDAR for our whole county. We paid a lot
for that. For those of you who don't know, you Commissioners do
know but some of the public won't, this is topographical information
on the county that we get by doing overflights. And it tells us how
high each piece of property is, where the highs are and where the lows
are. And it lets us -- if we were to be looking at sea level rise, it lets us
very scientifically know which is going to be affected.
What it has shown us is that the areas in Collier County most
likely to be affected are the East Trail, which would be under water,
and Port Royal, both of which are important areas. But they are also
vulnerable areas. So actions are needed to in a concerted manner
address this.
We need to undertake a consistent study of our infrastructure so
that roads are high enough. And these are the grid roads. I'm talking
about the grid roads that run, and then the main access roads. These
need to be high enough that even in a sea level rise, which often is the
seasonal high tide surge event kind of thing, or in the event of a heavy
thunderstorm you can get to the critical places, from the critical places.
We were downtown a couple months ago, it was in the middle of
the summer. There was a very heavy rainstorm in a very short period
of time. You could not get from U.S. 41 to main NCH. It was under
about 18 inches. Now maybe an ambulance could get through that, all
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right, I don't know what the board edge is of the ambulance, but a car
couldn't. And there were cars stalled out all over the place.
So this is a concern. This is the type of event that shows us
concerns. We just need to be sure that our roads are built high enough.
And in talking to Nick Casalanguida, he says we need to start
taking that into account when we are sort of refurbing our main roads,
which we do regularly, that some of them may need to be raised as part
of that refurb to make us safe, so people can get where they have to get
to, so that emergency response people could even get there.
We also need to know the roads -- look at the roads that go to fire
stations, schools, nursing homes, prisons, et cetera. If we require
evacuation, we have to be able to get evacuation vehicles to those
places.
You've all seen the inundation maps for the storm surge. There
are a lot of places that might in the event of a storm surge that was
worse than predicted, you know, let's say they predict it to come to
here and it actually went to there. Some of the areas got more water.
We have to evacuate some certain areas, certain facilities. Because
most of our facilities like retirement homes and things are one story.
They can't go upstairs. Besides, those people can't go upstairs anyway,
many of them. The elevators wouldn't work. And so these are all
things that we have to start looking at.
We also need to protect our stormwater system. We need to
evaluate it as to where pumps might need to be installed to keep what
happened in South Beach from happening in Port Royal. I've talked to
Mike Bauer a little about this, and it's a real potential to happen.
Our stormwater system, we've done some stormwater studies and
done things like that. But we really need to start planning for sea level
rise as part of our stormwater planning.
We're a coastal county with valuable real estate and businesses. It
pays us to take a proactive stance to address these issues and identify
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potential responses or remedies. We can do this more efficiently by
joining with the other counties on this coast.
And one of the reasons I approached the League of Women
Voters when I was discussing this was that they are active in all of
these counties and could help to coordinate some effort there, as well
as the Regional Planning Council. But it helps sometimes to have
some feet on the ground that could help with this kind.
If we do it as a county, we have the potential of putting it and
doing it more cheaply, less expensively. If we do it -- I'm sorry, as a
compact than as a county. These things are also cheaper if done in a
group.
I'm therefore asking the Commissioners to charge the planning
staff on the county to contact the Regional Planning Council and to
begin the process of determining what data we need and start
assembling those data so that we can do this type of planning.
CHAIRMAN HENNING: Thank you.
I know that U.S. 41 and Gulf Shore Boulevard has been flooding
before in this sea level rise.
DR. HUSHON: Right.
CHAIRMAN HENNING: Last 40 years.
DR. HUSHON: Well --
CHAIRMAN HENNING: So anyways, that's my statement.
There's not a question there, you don't have to respond to that.
DR. HUSHON: It's going to get worse.
COMMISSIONER FIALA: May I ask, is there already an
established group that has begun regionally that --
DR. HUSHON: Not coordinately --
COMMISSIONER FIALA: -- people could participate in rather
than --
DR. HUSHON: -- except through the Regional Planning Council
and Jim Beever.
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November 18, 2014
CHAIRMAN HENNING: Let her ask the question first.
COMMISSIONER FIALA: Rather than repeat everything that's
already been taken care of, are you just trying to get us to join into
something that's already been established?
DR. HUSHON: It has not been formally established as a
compact. And I'm asking for that so that we all would then kind of
come forward to a meeting and show what we have. And then we
determine what we need. And some of us might have what we need
and some of us might have to generate it.
COMMISSIONER FIALA: Maybe what we -- I'd be happy to
join you if you'd like to meet in private and learn a little bit more and
talk about participation and we can talk with some of the other people
on staff and see if there's a person that could be involved in the bigger
group.
DR. HUSHON: I've already been told there is.
COMMISSIONER FIALA: Okay, good, thank you.
CHAIRMAN HENNING: Thank you. Next item?
MR. OCHS: Mr. Chairman, that takes us to Item 10.A.
CHAIRMAN HENNING: Oh, Ms. Taylor? I didn't see you.
COMMISSIONER TAYLOR: Okay, my first question, I'd like
to hear -- Mrs. Hushon, I'd like to hear from Mr. Casalanguida.
And I'd like to know, sir, what your opinions are on this. Not in
great detail, but just tell me about this.
MR. CASALANGUIDA: Keep it brief, ma'am. Nick
Casalanguida for the record.
I met with Mrs. Hushon and we discussed it. My suggestion was
that we approach it through the Regional Planning Council. I don't
think anything is eminent. Right now your FEMA base flood
elevations in VE zones require construction standards that are for
storm surge that are above what would be impacted by any short-term
sea level rise.
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November 18, 2014
So it's not imminent, but I agree with her, that's probably
something that through the RPC we review what the other
communities have done and just make sure that we're following and
paying attention.
COMMISSIONER TAYLOR: Mr. Chairman, is that something
-- I'm unfamiliar with our process. Do we actually make a motion for
this or can we do this on a presentation?
CHAIRMAN HENNING: Well, you can give direction. You
can't take official action under presentations or public petitions. It's
just a policy.
We do have two members from the Regional Planning Council,
Commissioner Nance and Commissioner Fiala. They attend those
meetings on a monthly basis. That could be direction. I know that our
staff is a little overloaded to take on anything new, so we can ask the
two Commissioners if they want to bring it up.
COMMISSIONER TAYLOR: That's good. But I'd like to poll
the Regional Planning Council Commissioners.
COMMISSIONER FIALA: I haven't been going to RPC right
now. I think Commissioner Nance has.
COMMISSIONER NANCE: Yes, Commissioner Taylor, I think
it's most appropriate just to take a look at what Dr. Beever has done up
there at the Southwest Florida Regional Planning Council and get
ourselves oriented. I would -- it would be my pleasure to do that and
get back to the Board and see what sort of activity we have.
You know, that entity goes as far north as Sarasota. So it's the
lower southwest coast of Florida. And I think we have things in
common, but I think we also have storm surge potential and flood
situations that are a little bit different. So I would be more than glad to
look into that.
COMMISSIONER TAYLOR: Thank you very much.
CHAIRMAN HENNING: Next item?
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Item #10A
AUTHORIZE THE COUNTY ATTORNEY TO AMEND
ORDINANCE 2005-44 TO REMOVE COMPOSTING
RESTRICTIONS AND TO ADVERTISE FOR FUTURE
CONSIDERATION A NEW ORDINANCE ESTABLISHING
COMPOSTING REGULATIONS - MOTION TO APPROVE WITH
THE ADDITION OF GROUND WASTE TO COMPOSTING -
APPROVED
MR. OCHS: Item 10.A is a recommendation to authorize the
County Attorney to amend Ordinance 2005-44 to remove composting
restrictions and to advertise for future consideration a new ordinance
establishing composting regulations.
This item was brought on the agenda by Commissioner Henning.
CHAIRMAN HENNING: Yeah, things have changed since this
was last on our agenda several years ago. What has changed -- well,
first of all, Commissioner Nance is handing out plenty of seeds, starter
plants to residents throughout the county, mainly Golden Gate Estates.
We have in our own parks community gardens. There's a lot of
interest in gardening. And this whole ordinance that was sent to you
by email, is not a part of your agenda, is to allow composting in your
backyard under certain criteria. A 10-by-10, has to be covered,
naturally it's going to have to be ventilated, you can't put animal waste
in it. It's usually table scraps of, you know, vegetables and that.
Those organic breaks down and creates a very organic type of
application for plants. And so that's why I'm bringing it on the agenda.
If anybody, any of the Commissioners, want, I did find a YouTube
video that another county has applied and encouraging composting to
their residents. That's up to the Board of Commissioners.
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Commissioner Nance?
COMMISSIONER NANCE: Yes, Commissioner Henning, I
fully support moving this item forward. I thank you for putting it on
our agenda. I think composting has a lot of benefits to our community.
One of them is in reducing the flow of organic material into our
landfills and in our disposal system, which can be a tremendous
expense. And it's actually much better, serves our community if we
keep that material spread out, rather than concentrating it in one place.
So I would certainly support considering a new ordinance. The
University of Florida of course has extensive expertise in this area. In
fact, they actually have a composting center of information in Sarasota.
And I did scan just briefly what EIFIS has to offer on composting.
I would suggest, you know, as a mechanism moving forward that
there's going to be a number of considerations that we're going to need
to make. I believe not only the sort of composting that you're
proposing, which I think is completely appropriate for residential areas
when done properly. It's a great benefit and actually encourages
people to get outside and garden and so on, so forth. But I think also in
our rural and rural residential parts of the county we can even expand
that further, because there are other large bulk composting techniques
that would be appropriate for say residential lots in the Estates of two,
two and a half acres where they could do pile composting, trench
composting and a lot of other things that are illustrated by the
University of Florida.
So I would suggest that as we engage this issue that we request
some involvement from Brian Flick and his staff at the University of
Florida Extension to help us put some of these ideas together and to
gather information from the university and move it forward.
I don't know how fast, you know, you want to do that, but I would
suggest that we can really put something together that's nice if we
could engage the folks that we've got that are really knowledgeable on
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the topic as an aide to staff.
CHAIRMAN HENNING: Yeah, I don't want to create any
commercial operations in the Estates that is not agricultural.
COMMISSIONER NANCE: No, I'm talking about private
residential activities. I'm talking about commercial composting. I
think commercial composting, we already have a whole body of
ordinance that manages that. But I mean for homes, let's say larger
Estates, it's really I think in the best interest of the county to encourage
people to compost and retain materials on their properties when they
have two and a half and five acres. For example, I know as a fact that
a lot of these properties, when people don't compost it really burdens
our horticultural recycling system to not engage in this. This is really a
good green practice that can not only be used in gardening but it can be
used in disposing of commonly generated horticultural materials.
CHAIRMAN HENNING: Yeah, such as palm fronds and --
COMMISSIONER NANCE: Grass clippings, palm fronds and
things that are just out of pocket. Certainly urban residential settings
don't want to retain those things. But if you have two and a half and
five acres, it's very much more sustainable for the county to engage in
this sort of on-site recycling, if you will. And it is established as a
green practice and a Florida Friendly practice by the University of
Florida. So I think endorsing that and codifying it in our ordinance
would be a very good --
CHAIRMAN HENNING: If you can get me some material, I'll
work with the County Attorney, providing the Board is in agreement.
There could be separate composting. And what you're recommending
is just on the ground taking those yard waste, such as grass and grass
clippings and so on, so forth. Vegetables and other table scraps, I think
it's in the best interest of all to contain rodent factors --
COMMISSIONER NANCE: Yes.
CHAIRMAN HENNING: -- that that be covered up. If you want
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to give me some information, I'll work --
COMMISSIONER NANCE: If the Board agrees that this should
be moved forward, I'd be more than happy to do that and to engage our
university staff and providing information to staff and yourself for your
considera-- for the Board's consideration.
I think there's a -- there's just a wealth of information available to
us. It addresses different sorts of problems that have been encountered
elsewhere. And I think everybody will be very comfortable with some
of the things that we put together.
CHAIRMAN HENNING: Commissioner Fiala, then
Commissioner Taylor.
COMMISSIONER FIALA: Okay, unless you would want --
COMMISSIONER TAYLOR: I just concur. I think it's a great
idea. Well done, I look forward to reviewing it.
COMMISSIONER FIALA: And I think this is great for
conscientious people who would actually adhere to some of these
suggestions as to how to compost. And it mentioned in here as I was
reading through about first layering the brown layer and then layering
the green layer and then watering and then go back and do the same
thing, and this is how to do it, never put meats or anything like that and
certain things that cannot go in.
And I think people like you would do just exactly that. Then we
have people who are going to just throw anything in there. Now it
becomes a little bit troublesome, especially for the neighbors who
might be having to deal with the odors that emanate from that.
And another thing I was thinking -- and so I don't know how you
could restrict that as you go along. I don't think you can just make it
only for conscientious people who are honorable. But if it would be
for everybody, we'll have to be a little more careful.
Also, another problem we've been dealing with recently that we
never had to deal with years before and that are the bears. And as you
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well know, they'll break into a screened-in porch just to get to the
garbage can. And would this be an attractant to them, especially if
they're mishandled. And I think we're going to have to address that.
Because we have bears and coyotes out there who might just think that
we're preparing lunch for them, who knows?
And I had a couple other things. These are only concerns that I
think we should deal with. Composting is good, as long as it's done
properly and -- as we've all been saying.
And some of the things that you cannot leave in there, you know,
like pet wastes or dairy products or whatever. You know, we have to
just be careful that people adhere to it.
Then it said that if you don't and your neighbor says that the smell
is terrible, then you don't have to fix it until they give you a written
notification. And then if you don't fix it then, then there might be even
a more delayed period. Well, we have to also consider the effects that
it has in a neighborhood.
So, let's see, I think that is all that I had mentioned here. I don't
want to go on and on. But those are things -- I think it's admirable.
My goodness, my son even has a worm farm. He really -- yeah, he
does.
COMMISSIONER TAYLOR: That's the best.
COMMISSIONER FIALA: And they're really great.
But anyway, so composting is great, I just think we have to
address all aspects of it. Thank you.
CHAIRMAN HENNING: Let me try to address some of that for
you.
The people who are going to compost are the people that is going
to want to take that material and put it on their plants. And if you put
the things that you mentioned in there -- George help me out, it doesn't
go anaerobic? In other words, it doesn't --
COMMISSIONER FIALA: They have it here.
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CHAIRMAN HENNING: Yeah, it doesn't break down the good
material.
COMMISSIONER FIALA: You can't put certain things in there.
CHAIRMAN HENNING: Right, you can't put them in there.
MR. KLATZKOW: You can't put fat in compost.
CHAIRMAN HENNING: Yeah, you can't put fat --
MR. KLATZKOW: I composted for years. Just organic.
COMMISSIONER TAYLOR: We have an expert.
CHAIRMAN HENNING: And if you do, it kills all the good
stuff. And you want to create those food products that is going to
encourage the worms to come in there to help you break down those
materials. And if you put meat products or fat, waste or something like
that, it's not going to happen, you're going to kill the worms.
COMMISSIONER FIALA: You're talking about a conscientious
honorable person doing that.
CHAIRMAN HENNING: But now the next person -- now a
person that's going to put the meats and the fats, they're not interested
in composting, they're going to put it in their garbage for the bears and
the coyotes. And the bears and coyotes are not vegetation (sic) so
they're still going to be going into the garbage can and getting those
materials.
So it's just like Commissioner Nance says, there's several reasons
to do it, including reducing our waste stream that goes into our landfill.
So with that, if there's anything else?
COMMISSIONER TAYLOR: No, I just -- I'm sorry, I'm fine.
CHAIRMAN HENNING: Entertain a motion?
COMMISSIONER TAYLOR: So moved to move this issue
forward with the background that's needed to make an effective
ordinance for folks who want to compost in Collier County.
COMMISSIONER NANCE: Second.
CHAIRMAN HENNING: Does that include Commissioner
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Nance's addition to yard -- to allow yard waste ground composting?
COMMISSIONER TAYLOR: I would bow to his expertise in
the area. Yes, I would agree to that, if-- but as you brought this
forward, Chairman Henning, what is your --
CHAIRMAN HENNING: Yeah, I think it's proper within the
proper setbacks. So it doesn't become a nuisance to neighbors, like
Commissioner Fiala's concerns.
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 TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Item #10C
RESOLUTION 2014-246: A RESOLUTION IN SUPPORT OF THE
BUDGET REQUEST MADE BY SOUTH FLORIDA AG
COUNCIL TO THE FLORIDA LEGISLATURE FOR
CONTINUED FUNDING OF SOUTHWEST FLORIDA
RESEARCH AND EDUCATION CENTER AND TO DISTRIBUTE
RESOLUTION IN THE MANNER SET FORTH — ADOPTED
MR. OCHS: Item 10.0 is a recommendation to approve a
resolution in support of the budget request made by the South Florida
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November 18, 2014
Ag. Council to the Florida Legislature for continued funding for the
Southwest Florida Research and Education Center and to distribute the
resolution in the manner set forth in the executive summary, and this
item was placed on the agenda by Commissioner Nance.
CHAIRMAN HENNING: Entertain a motion? Motion to
approve by Commissioner Henning.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Second by Commissioner Hiller (sic).
Commissioner Nance, do you want to bring -- make any
comments on this item or do you want to vote?
COMMISSIONER NANCE: I want to vote.
CHAIRMAN HENNING: All in favor of the item, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Item #11A
ACCEPTANCE OF THE COLLIER COUNTY ECONOMIC
DEVELOPMENT STRATEGIC PLAN — APPROVED
MR. OCHS: Takes us to Item 11, Mr. Chairman. Item 11.A is a
recommendation to accept the Collier County Economic Development
Strategic Plan.
Commissioners, a little less than a year ago, the Board entered
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into an agreement with the Partnership for Collier's Future Economy to
jointly work and fund a plan and a series of programs to grow and
diversify our local economy. The primary deliverable in the first year
of that contract was a development of a community based Economic
Development Strategic Plan. That plan has been completed and we
have a presentation of the plan this morning from Julie Schmelzle,
who's the chair of the board of the Partnership for Collier's Future
Economy, and also John Cox, the president and NCEO of the Greater
Naples Chamber of Commerce. So if you'd please step forward.
Thank you.
MS. SCHMELZLE: Good morning, Commissioners. My name
is Julie Schmelzle, for the record, and I serve in a capacity of a couple
of roles here. I'm on the Chamber Board as a board member, I'm also
-- I was on the Steering Committee for Opportunity Naples as a
member. And then I also have the privilege of being the Chairman of
the Partnership For Collier's Future Economy.
So in those roles I am here before you to thank you for your
support, your continued support and involvement and engagement in
this very special work that we have before us.
So I always like to tell a little bit of a story. Because I think
stories illustrate why something is relevant.
So about 25 years ago, actually 26 years ago, I was in Orlando
working. My husband was up there as well. He had come down here
to visit his parents and his grandfather. He called me up and he said,
honey, we're moving to Naples. I paused, hmm, thinking about it.
Why?
Well, I've come across a great opportunity for us. It has risk and
it has reward. And there's a business that we're going to buy, together
with my parents.
So he proceeded to do that. He moved in with mom and dad,
having no salary. I eventually followed. And I have been here for
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about 25 years. I found a career here in Collier County. My husband
has grown a business here in Collier County. And so while I say
there's nothing unique about that, right, there's nothing special maybe
about that, because it happens day in and day out, thousands of
individuals moving across our country looking for opportunity,
opportunity to succeed.
But what makes it exceptional is that we did it here in Collier
County. And so I illustrate that story, that's my special story, it's
special to me because I'm here. And for what we're going to do
together is going to be exceptional.
So I again thank you for your dedication and the resources that
you have brought to bear in allowing us to move this forward.
As you know, the steering committee was comprised of about 46
individuals that we believe represented a cross-section of our
community. And I will say, while we agreed, we also disagreed. But
in the end we knew where we needed to go. And that was through the
course of eight, actually nine months we moved into the finalization of
a plan, of an action plan. And I know you all have copies of that.
But that's not the end. The end is we finished a project. We
adopted a plan.
And when I took on this role, I was very pointed in saying that
this was not going to be a plan that sat on a shelf, that said oh, we did
something with your funds, with our funds. But rather it's a plan that is
going to allow us to move forward in a very constructive and a very
strategic way.
So here we are. We have a plan and we are executing on that
plan very distinctly. And I think John has mentioned this before, these
community plans, as they're called, typically are a five-year view. We
are in a three-year view, and because there are some real fundamental
things that we need to address. And we need to listen and we need to
communicate.
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And so we will be moving forward. We actually are already
moving forward in three working groups. The first is communication.
And when I say communication, it's not for us to go out and say this is
what we're doing, this is collectively what we've decided on behalf of
our community, but rather it's that but it's also listening. It's hearing
what's on the minds of our community as we go forward, creating what
we hope is a community that will afford opportunity for everyone.
The second working group we've coined community investment.
With all things it takes money, it takes funds, it takes resources. And
while many of us are volunteers, and I would quantify that that's a
pretty good resource in and of itself, it will require us to go out and
raise funds throughout this community. So we have to make it a
compelling investment for those that we're going to be reaching
through to.
Our third working group is actually well in place; that which is
coined business development. That is truly where the rubber meets the
road, and that is capably led by Christy Bartlett and John Cox. That is
the identification of businesses here in Collier County that need our
help to allow them and to support their efforts to grow and expand. It's
a very critical role.
And we finish our partnership board meetings always with
business development, because it brings it home, it makes it real for
what we're trying to accomplish.
So with that I just again want to emphasize my thanks for your
engagement, for your support. You know, it's fundamentally -- I've
tried to come up with a different terminology for economic
development, because I think development scares people. And really
what it's about is an opportunity to be gainfully employed, to have a
career path, to invest in people so that opportunities for this great
county will continue. It's a great place and I'm honored to serve in this
capacity. Thank you so much.
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CHAIRMAN HENNING: Thank you.
MR. COX: Thank you, Mr. Chairman and members of the
commission. It's a great opportunity that we have to stand before you
today to say that in part the work that we engaged in together a year
ago we can check that off our list. We worked hard on the strategic
plan, we engaged a community of folks from all over Collier County
and we believe that that mission is accomplished.
But as Julie said, the mission can't stop there, because if it does it
just ends up on a shelf and that's the end. That's not where we believe
we want to go, we don't think that's where you want to go either. So
we are in the process now of talking to you, to the County Manager,
about extending a contract into a second year coming before you,
presenting this information to you as we've had the opportunity already
to meet with each one of you individually to answer questions that you
may have had, and we've gone a step further. We've put not only the
documents of Opportunity Naples, every one of them, in your hands,
we've put every single one of those documents on line,
OpportunityNaples.com, including the implementation plan, which is
kind of the playbook of where we believe that we're going to go over
the course of the next couple years.
As I leave here, one of the next assignments I have is going back
to our private investors to say we've done the work that we said that we
would do, we've presented to the Commissioners, now we're coming
back to our independent funders and asking them to fund us again as
we go forward.
Why? Two reasons: One, we believe the economy is best served
when good business and good government work together. We think
we've established that in this partnership.
And secondly, the work that we need to continue to do now we
can't do unless we seek private funding for.
So you know a year ago we agreed with you on a division of
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labor with respect to your Office of Economic Development, that that
office would focus on the business climate, on the regulatory
environment, on the issue of incentives. And now the work that that
office is doing with respect to incubators and accelerators.
So we all know that's their work to do and we have our work to
do. So beyond a thundering request that we may present next month,
we have to raise private dollars in order for us to work in business
retention expansion. When you talk about community development,
economic development, the most important function is taking care of
your own businesses, and that is the work that Julie referred to that
Christy is doing now with business retention expansion.
Second is in the area of recruitment. We do think that
Naples/Collier County offers a tremendous opportunity for companies
from all over the world to locate here and to find a work force here and
to do well here and to provide jobs for our citizens that otherwise they
could not have.
We've also agreed to take the Enterprise Florida Relationship, and
it takes dollars to keep up with them, to get to their meetings all over
the state and to make those domestic and international trips that they're
making on behalf of Florida. So that while they're representing
Florida, we can represent Collier and Naples in particular.
And the issue of recruitment, I have addressed that already. We
really believe that there are businesses, you just begin to name them,
that are already looking for new sites to relocate. One more really bad
winter and I think you're going to see a lot of those companies want to
come further south.
And then just the domestic and international marketing alone, it
takes a lot of time, it puts people on the road, and there are costs
associated with traveling with people and with creating those
marketing materials.
So we're going back to our private investors, we're saying we'd
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like for you to do again what you did for us last year.
And in the next agreement we plan to continue those activities
that I've just outlined and initiate the process for launching the
implementation plan. Thank you so much for allowing us to partner
with you.
CHAIRMAN HENNING: You take questions?
MR. COX: Sure.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: I'd like to begin by complimenting
Julie and John on their leadership from the partnership side and from
the Chamber side in really building community consensus. We have
representatives from every single part of Collier County, from all
different types of businesses, from nonprofits, from education, from
law enforcement, and your ability to really bring together a conceptual
plan that everyone bought into by way of consensus and is committed
to implementing was really commendable. You really did an
outstanding job.
I would like to make a motion to approve the strategic plan and
the ongoing partnership between Collier County government, the
Chamber and the partnership. And again, reminding everybody that
government's role is not to create jobs but to allow the private sector to
flourish with respect to job creation, to allow for recruitment, to allow
for retention. And obviously the overriding word is all about growth.
So thank you for helping us be a better community and for
creating wealth for everybody.
So with that, I make my motion and I'd ask for a second.
COMMISSIONER TAYLOR: I'll second that. It would be an
honor.
COMMISSIONER HILLER: Thank you so much.
CHAIRMAN HENNING: Motion by Commissioner Hiller,
second by Commissioner Taylor to approve Item 11.A.
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Commissioner Fiala, and then Commissioner Nance.
COMMISSIONER FIALA: Thank you very much.
You are already -- we're going in for a second year now, right?
So when you raise your funds, do you have a special account within
the Chamber to deposit those funds? And if so, who then writes out
the checks?
MR. COX: The Partnership for Collier's Future Economy is a
standalone 501C organization on its own, its own board of directors, its
own bank account, and those funds are then written out of that
partnership account.
COMMISSIONER FIALA: Great. That's my question.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Yes. Mr. Cox, thank you very
much. I just want to say that I'm very impressed by the Market Street
services work that was done on Opportunity Naples and that I hope
that everybody will take an opportunity, if they have not, to really take
a look at the first work that was done, which I thought was so very,
very intuitive and kind of outlined the challenges that we have to make
our community inviting and to make our community competitive to
those that would like to come and conduct business here. And that's
the competitive assessment. That's the first work that was done. And I
really consider this a baseline. And I hope that the team will continue
to bring us back to that competitive assessment and that baseline on a
regular basis so we can go in and take a look at how our
implementation plan is doing and how we evolve in our efforts.
Because I believe that that competitive assessment, although it
does showcase all of the wonderful things about our community, it
clearly outlines significant challenges that we do have that we should
try to do everything in our power to address to keep our community at
the top and move it forward and get the balance that all of us are
seeking.
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So I hope you'll continue to bring us back to that from time to
time and remind us of where we started and what we're working on.
But congratulations. I certainly endorse the item and I look forward to
working for you to make it all happen. Thank you.
CHAIRMAN HENNING: Leo, the -- you're going to bring back
an action item for our participation in this endeavor, correct?
MR. OCHS: Yes, Mr. Chairman, at the next meeting.
CHAIRMAN HENNING: Okay. Those funds are going to go
into this account. Those funds are subject to auditing.
MR. COX: Correct. We actually are reimbursed for funds that
we expend. So all of the dollars that we expend on behalf of-- all the
Collier County tax dollars that we expend are sent to the Clerk's
Office, vetted, verified and then returned to us in the form of
reimbursement.
CHAIRMAN HENNING: The action item that you're going to
be bringing back is going to have specific language on how the monies
can be spent?
MR. OCHS: Yes, sir. It will be a formal agreement with written
deliverables and reimbursement schedules based on those deliverables.
Similar to the current agreement that you have with the partnership.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Leo, with respect to that
agreement, my understanding is that we are looking to support two
employees that will be working within the partnership that will be
advancing the implementation of the plan; is that correct?
MR. OCHS: That's correct, ma'am, along with some software to
do some business relationship management.
COMMISSIONER HILLER: And the total amount we're talking
about is?
MR. OCHS: About $200,000.
COMMISSIONER HILLER: So the total amount -- in effect it
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will be like the equivalent of a grant to the partnership. Is that how it
will be treated?
MR. OCHS: Yes, a reimbursable grant, as Mr. Cox has
explained.
COMMISSIONER HILLER: That's great. Thank you so much.
MR. OCHS: You're welcome.
CHAIRMAN HENNING: Discussion on the motion?
COMMISSIONER FIALA: You have two speakers.
CHAIRMAN HENNING: We have two speakers?
MR. MILLER: Yes, Mr. Chairman, we have two registered
public speakers on this item. Your first speaker is Jay Barry Colin. He
will be followed by Bob Naegele.
MR. COLIN: Mr. Chairman, Commissioners, my name is Jay
Barry Colin. I am a managing member of 3D Printing in Florida, a
new company, and one of the new people in the accelerator that's
located on Kraft Road.
I'm speaking on behalf of the accelerator project and the
importance for community. Collier County, in fact the State of Florida,
now is third largest in population, but it has only the sixth largest
number of technically trained people. And so they really have to grow
the technical people to close that gap to support the population.
There are four economic engines that I'm aware of. I'm a
graduate of the Wharton School and have run companies with 10,000
employees and facility services.
The leisure and retirement sector is doing quite nicely. The
agricultural section is under pressure from a plague affecting the citrus.
Construction is recovered from the very big downturn that they
experienced in 2008. And it is important for us to grow the business
sector. And the way to do it is through small corporations, because
they tend to hire the most people per revenue dollar that they generate.
I'm asking that you understand that these accelerators bring
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people together, companies together, and provide the support services
such as provided by SCORE and the small business development
organization, the Collier County Economic Development Commission,
to supply these people with services to help them build their
companies.
And it also provides these service providers such as SCORE, et
cetera, with a stage in which to meet with people who are interested in
growing business in the county.
Much like an orchard, it takes time for companies to grow and to
develop. And so one of the things I would ask is that the people who
are working on this project understand that you need some patience
and give it some time. You're not going to get instance results in a
quarter, you're not going to get instant results in a half year, it just
doesn't happen that way. It takes people two, three years before they
decide they want to move their company to an area. Thank you very
much.
MR. MILLER: Your final public speaker on this item is Bob
Naegele.
MR. NAEGELE: Thank you, Mr. Chairman, members of the
Commission.
I just want to thank you for your support. I've been privileged to
be a part of the Opportunity Naples since its outset. And the people,
the cross-section of people was terrific. Followed up by the process
was very orderly. And I think the product you're going to be very
proud of. So just thank you for your participation in this.
CHAIRMAN HENNING: Thank you.
There's a motion on the floor, a second.
Any further discussion?
(No response.)
CHAIRMAN HENNING: Seeing none, all in favor of the
motion, signify by saying aye.
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November 18, 2014
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Carries unanimously.
Next item?
Item #11B
A $2,500,000 GRANT AGREEMENT WITH THE STATE OF
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FOR
FUNDING ASSISTANCE FOR THE COUNTY'S SOFT
LANDING BUSINESS ACCELERATOR PROJECT AND
APPROVE NECESSARY BUDGET AMENDMENTS —
APPROVED
MR. OCHS: 11.B is a recommendation to approve a $2,500,000
grant agreement with the State of Florida Department of Economic
Opportunity for funding assistance for the County's Soft Landing
Business Accelerator project and approve the necessary budget
amendments.
Mr. Register, your Business and Economic Development
Director, will make a brief presentation.
MR. REGISTER: Commissioners, good morning. Bruce
Register, your Director of Economic Development.
I want to thank the Commission for accepting the strategic plan.
There's a lot of work from the community that's gone into that plan. I
believe it does provide us a clear guidepost for exercising our options
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to control our own economic destiny, so thank you.
11.B is a recommendation to approve a $2.5 million grant
agreement with the State of Florida, Department of Economic
Opportunity for funding assistance for the County's Soft Landing
Business Accelerator Project and approve the necessary budget
amendments.
Commissioners, I'd like to point out, the leadership from this
Board since fall of 2013 and meetings that have occurred in
November, December, May through a successful legislative session
with the help from our own Senator Richter and support from our
legislative delegation, we've been successful in achieving an
opportunity that I believe will chart the path for Collier County's future
economy.
This recommendation will consist of two accelerator components.
The first will be a western Collier County accelerator in the urban area
that will focus on international and domestic businesses to help them
develop business plans, formulate marketing plans and strategies,
garner venture capital and focus on developing patent and intellectual
property that will help push forward our entrepreneurial innovation
economy in Collier County.
The second facility will be an eastern Collier County facility that
will focus on the agribusiness in the form of new food product
development by providing services for a culinary kitchen, a
commercial kitchen to help stimulate those ideas and the entrepreneurs
in those communities and leverage the agribusiness products and
commodities that are generated in our rural areas of Collier County.
Why do we want to do this? The purpose of this project is to
recruit companies into Florida that will create high value employment
opportunities, attract foreign direct investment, improve our export
opportunities for Florida companies, and foster an environment for
entrepreneurs who desire to stay in the region and build their own
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businesses.
Some of the details in this grant is a stipulation for receiving the
grant is included (sic) a job creation goal of 208 job year equivalents or
$12.5 million of capitol investment over five years.
What are the anticipated impacts of this project? We believe that
it will effectively and efficiently leverage our community's assets into
an innovative approach that will help diversify our economy through
technology driven businesses, through international foreign direct
investment, as well as fostering local entrepreneurship.
The value proposition of this project will expand Naples and
Collier as a center for entrepreneurship in many ways other initiatives
could just not accomplish.
We have confidence that the resources in collaboration of the
team, I think you've seen some of those here and I believe there are
some in the audience today, that will provide our ability and capacity
for and enabling this project to surpass the state goals prior to the
agreement term's conclusion.
A couple of those points I'd like to demonstrate is that we have
launched a pilot, we have demonstrated demand for these kinds of
services in our community. We do have six applicants: Two are
current tenants to date with two in the move-in phase. We have two
pending final decisions and we have over four other prospects that are
considering locating in our accelerator.
The accelerator has generated over a half a million impressions
through Google Ad words to date. We've conservatively projected the
accelerator outcomes from the performance and progress of
comparable accelerators. But also this component of this facility
represents a very unique product. There are only 14 Soft Landing
accelerators in the United States of America. We budgeted and
planned for a highly skilled professional management team to focus on
achieving these results.
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And additionally, Collier County and Naples has been ranked by
Forbes as one of the fastest growing markets.
We also have institutional relationships that have already been
established, particularly with the French group Redis, and we expect to
expand on that with other international trade organizations. We have
the full support of the business community that I believe are nurturing
the entrepreneurial spirit in Collier County, and we feel like it's our
duty to fully support that from an institutional approach.
Finally, I'd also like to point out that with the onset of discussions
about an accelerator, we have our own private capital. Our local
private capital sector is also discussing ways in which they could build
a capital form of an innovation fund that would help drive forward the
capital investment needs of the incubator tenants and -- accelerator
tenants, excuse me.
So what I'd like to say is we have two agenda items before you:
11.B is the grant and 11.0 is a discussion about our administrative
entity and the role of the fiscal agent. I'll be happy to discuss that a bit
more lately (sic) after we've had a discussion about this issue.
But the bottom line is that we've got to encourage invasion as an
emerging community culture, because that will have great power to
influence our economy and build local career opportunities for our
young citizens and adults alike.
So as I said before, it's leadership from that Board that has put us
in this position to begin with earnest an action plan for this
game-changing project for Collier County.
With that, I'll entertain your questions.
CHAIRMAN HENNING: Commissioner Hiller, then
Commissioner Fiala.
COMMISSIONER HILLER: Thank you.
Bruce, thank you for your presentation.
The idea of an accelerator for Collier County came out of the
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Chamber led at that time by Michael Wynn and then subsequently
endorsed and supported by the current chairman of the chamber,
Dudley Goodlette. And I say that we have to thank the Chamber, not
only for what they've done with respect to the economic development
strategic plan, but also with respect to advancing this accelerator
project.
The Chamber team, between the chair, Dudley Goodlette, and the
president, John Cox, went up to Tallahassee with staff support to help
obtain this grant of 2.5 million to start this project. And it was Senator
Richter's leadership, along with Representative Passidomo's leadership
-- I should say Senator Richter's leadership at the Senate level and
Representative Passidomo's leadership at the House level that secured
these funds for Collier County.
So we're very much appreciative and obligated to them for
bringing this to our business community and to the residents of Collier
County.
And so I would like to make a motion that we approve acceptance
of this grant of 2.5 million for this accelerator. And we wish the
community all the success and hopefully, you know, this will be a
hotbed of emerging business and maybe we'll see the next Starbucks or
Netflix or maybe Apple come out of Collier County instead of Silicon
Valley or Kendall Square. Because that's who we're going to compete
with.
MR. REGISTER: Absolutely.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes, I have a couple questions. And
one of them is on this particular one they were talking about 208 job
year equivalents. And they were talking about a regional effort. And I
asked the question in my office of Bruce Register and I said those 208
job equivalents, will they be for Collier County or will they be for the
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whole region? And he said it would be for the region, but we would get
the credit for it because our people would be teaching them.
And I wonder, will there be any calculation as to what kind of
jobs? Because, you know, we're very enthusiastic about it here in
Collier County, but will there be any credit for jobs that we invigorate
or create, or are we doing this for the region?
MR. REGISTER: Commissioner, the metric of 208 job year
equivalents is a proxy for us to demonstrate to the state that we've
returned the equivalent of the $2.5 million benefit to the community
and the state.
The notion of the jobs created are completely independent of the
exact location where they're going to occur to the state in order to
fulfill our obligation.
In regards to meeting our own Collier County objectives, we feel
like that the lion's share of the influence on job creation will occur in
Collier County. But we are a regional player and we have partnered
with our region partners of the additional counties. And by making
this financial investment and building an adequate administrative
capacity to function at this high level, we want to share that with our
neighboring communities, and we have offered that to them in prior
discussions, and we will offer the services of the accelerator network
for them to take their own initiatives and build their own accelerators,
and we will provide staff guidance and support for fees, for reasonable
fees. And we had this discussion at length with our potential
administrative entity, and they are a regional organization that can help
us facilitate that regional approach.
But our real focus is primarily to help nurture and grow and
influence job creation in Collier County. But because we will have the
capacity to assist, we plan to fully exercise that and be a beneficiary to
our regional partners and neighbors.
COMMISSIONER FIALA: Okay. In the booklet that you have,
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and I'm afraid I do not have it here with me, but on Page 558 and 559 it
was so smudged I couldn't read it. And I tried to look at it on line but I
couldn't read it either. Is there a way that you can get us --
MR. REGISTER: Absolutely. But, Commissioner, the point of
that chart that you're looking at is the machinations of a regional and
economic impact analysis called IMPLANT. And it is a -- it was as
device that Florida Gulf Coast University graciously allowed us to use
to determine exactly what kind which tactic translating the number of
jobs into an equivalent tax impact. It was nothing more than that. It's
just really a calculation to determine the 208 jobs that would equate to
2.5 million of tax revenues generated over the time period.
COMMISSIONER FIALA: Would you send us each a --
MR. REGISTER: Absolutely.
COMMISSIONER FIALA: -- so that we can see that, please.
Let's see, right now I think that that's all I have to ask you. I was
concerned about those jobs.
I love the idea that you're working with Joe Paterno and his
people there. They're great and they've been proven success over and
over and over again and so that's a good thing. Thank you.
CHAIRMAN HENNING: You know, I find it amazing the state
is willing to give us 2.5 million jobs (sic) and we get the count in other
county's job creations. If we can't do that in Collier County for 2.5, we
need to get out of the business, period.
So that has to be a commitment by your staff that they will create
those 208 jobs in Collier. It's not asking about wage parameters, it's
just creating jobs.
MR. OCHS: Yes, sir. And we're prepared to do that. Yes, sir.
CHAIRMAN HENNING: Okay, that's going to be a
commitment, and you're going to demonstrate that to the Board --
MR. OCHS: Absolutely.
CHAIRMAN HENNING: -- in the time frame of the grant that
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those were created in Collier County.
MR. OCHS: Yes, sir.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Yes, I'm very intrigued by the
accelerator project that you've outlined for the eastern part of the
county. It deals with food as a perishable commodity. And I really
think that it's an ambitious endeavor. I think it's a high risk, high
reward play. I'm comfortable with that. But it's going to take a lot of
effort. So I will do whatever I can to support it.
I'm going to second the motion for approval, but I want
everybody to know that when you get in the food business, people are
going to be working from can't see to can't see to make it work, so --
CHAIRMAN HENNING: There's a motion by Commissioner
Hiller to approve this item, second by Commissioner Nance.
Discussion on the motion?
(No response.)
CHAIRMAN HENNING: Speakers?
MR. MILLER: Yes, sir. I have four registered public speakers.
Your first speaker is Bob McCashen. He'll be followed by Andrew
Solis.
MR. McCASHEN: Good morning, Mr. Chairman and
Commissioners. I came before you probably about a year ago when
this program was getting started. I've been living in Collier County for
about 12 years full-time. I spent about 35 years in the technology
business. I managed businesses all over the world, and so I felt like I
had something I could contribute to the team.
Today I currently am mostly retired, but I do a few board works
and I sit on the City of Naples Planning Advisory Board, and I'm a
strategic adviser for a company in Naples called Falls River Group and
they're a global M&A firm.
My comments are short. I think the accelerator program is a great
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way for the county to distinguish themselves differently from other
counties out there. There are lots of accelerators. There are only a few
unique ones like this. Collier County is unique in that you have so
many, and we have so many international people that either spend a
couple of months or six or seven months here every year. A week
doesn't go by I don't run into another CEO that's outside of the U.S.
Those are the people we have to try and get ahold of and get them to
participate in these programs. And I think they'll be very willing to,
especially if they see young entrepreneurs from their countries coming
over here.
I've told Bruce that I'm very happy to volunteer my time as a
mentor and adviser, any way I can help the program, because I feel it
would be very good for everybody in the county. Thank you very
much.
CHAIRMAN HENNING: Thank you.
MR. MILLER: Your next speaker is Andrew Solis. He'll be
followed by Karl Williams.
MR. SOLIS: Good morning, Mr. Chairman, commissioners.
Andrew Solis. I'm a Director with the Law Firm of Cohen and
Grigsby in Naples and I'm also the President of the Council of
Hispanic Business Professionals in Collier County. And I've also
served on the steering committee for the Opportunity of Naples study.
And I've had the pleasure of being involved in some of the events,
specifically the Redis symposium that was organized, and met several
of the French companies that were here. And I think the accelerator
and the program that's being proposed is absolutely beneficial for the
county. The interest and the prospects of some of those companies
coming to Collier County I think is what we've been looking for for
many, many years. I've been here since '93 and I think this is long
overdue and something that we all need to support.
The counsel certainly supports the effort, and whatever we can do
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to assist in making it happen, we'll be glad to do. Thank you.
MR. MILLER: Your next registered speaker is Karl Williams.
He'll be followed by Vincent Izzi.
MR. WILLIAMS: Good morning, Commissioners and Mr.
Chairman. I'm the chairman of the local SCORE of Naples chapter.
And over the past 25 years we've helped thousands of people
create new businesses. And over the past 25 years we've also helped a
lot of existing businesses with their issues, growing their revenue and
in some cases helping them stay in business.
I'd like to say that we at SCORE are 100 percent behind this
project and initiative, the accelerator and the incubator. And we have a
lot of data that shows that if you are a person and you come to
SCORE, you have a higher success rate. There's also a lot of data that
shows that if you have a business incubator, those businesses are a lot
more -- have a higher probability of success.
And so again, I think that -- a couple years ago I wrote an article
for the Business Currents, which I'm sure all of you have read about
business incubators. And in that article I surveyed a lot of the business
incubators and their success in Florida. And I said we needed one in
Collier County. And a lot of people told me that will never happen in
Collier County.
Well, I think today we can make a difference and make that
happen. So I appreciate your support for this initiative. Thank you.
MR. MILLER: Your final speaker on this item is Vincent Izzi.
MR. IZZI: Let's see, it's almost good afternoon. I'm not sure,
we're on the cusp there.
Thank you very much, Mr. Chairman and the Collier County
Commissioners.
I really appreciate this opportunity to come up here and talk about
the importance of this incubator accelerator. I've actually been with
the SCORE of Naples chapter as a volunteer for -- I'm in my tenth
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year. And one of the things I was very excited about when I heard
about this incubator and accelerator was coming from the Boston area
where we have a lot of that we didn't have that here.
This is an incredible opportunity, okay, to really expand our
opportunity here to diversify our economy. Because that's how it gets
stimulated, through an incubator and accelerator, because you bring
very diverse businesses.
It's also a great opportunity for our SCORE Naples chapter. With
over 65 volunteers, we are the breadth and depth, okay, of experience,
along with many, many other organizations inside Collier County to
provide the kind of skills and expertise and help for these emerging
companies.
We also volunteer, as some of you know, to provide SCORE
volunteers, along with the SPDC, to spend time in the incubator. So
we've met the companies that are already there, okay. And we find that
just talking to them, we know that we can help them move forward.
Now, the third part of this, which is really I think very important
is the fact that we now have another landing spot for our graduates
coming out of school. We really, really need opportunities for these
young students to be able to come out, to find opportunities, to find
employment in the high tech, biotech, all of these industries. This is
how Collier County is really going to make it, by having this
opportunity so we can retain that incredible talent we have here.
And so -- and that's really what I'm here for is to support that. I'm
a big believer in that. And these are our future leaders, these are our
future companies, and why not have them here in Collier County?
Thank you very much.
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
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COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Next item I think everybody knows, read their packet. Instead of
a presentation so we can get Penny Taylor out of here for lunch in two
minutes. We have some questions. Would you read the item?
Item #11C
WAIVE FORMAL COMPETITION AND APPROVE AND
AUTHORIZE THE CHAIRMAN TO EXECUTE AN
AGREEMENT WITH ECONOMIC INCUBATORS, INC. ("EII")
FOR ADMINISTRATIVE AND MANAGEMENT SERVICES
ASSOCIATED WITH THE COLLIER COUNTY SOFT LANDING
ACCELERATOR PROJECT — APPROVED
MR. OCHS: Yes, sir, Item 11.0 is a recommendation to waive
formal competition and approve and authorize the chairman to execute
an agreement with Economic Incubators, Incorporated for
administrative and management services associated with the Collier
County Soft Landing Accelerator Project.
And Mr. Chairman, as you said, I think the Board is familiar with
the intent here. It's to contract with Economic Incubators who are
associated with the Southwest Florida Workforce Development Board.
Mr. Paterno, the CEO, and Ken O'Leary the chair of the board are here
today and they've worked with us over the last several weeks to put
this Management Services Agreement together.
There were a couple of items, Mr. Chair, and we will not be
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lengthy, but we wanted to enter into the record a couple of corrections,
minor corrections on the executive summary.
First was that we had referred to Economic Incubator as an
affiliate of the Southwest Florida Workforce Development Board. I
think Bruce has got a little bit of a correction on that. And we also
referenced them being a not for profit 501c3. They have applied for
that. They are a registered not for profit, but the 501c3 status is
pending.
But Bruce, did I cover that, or is there something else there?
MR. REGISTER: I think you did cover it.
MR. OCHS: Crystal, is that sufficient?
MS. KINZEL: (Nods head affirmatively.)
CHAIRMAN HENNING: What is the affiliation? Who is it?
MR. REGISTER: With your indulgence, Southwest Florida
Workforce Development Board and EII have a shared management
common use of facilities, equipment and employees, which is the
partial definition of an affiliate. Their relationship is probably better
described as separate and distinct entities with similar but not identical
board director membership.
Legally EII is not directly controlled and it is not wholly owned
by the Southwest Florida Workforce Development Board.
MR. OCHS: Commissioners, just as Mr. Cox mentioned a
minute ago that the Partnership for Collier's Future Economy is
associated with the Greater Naples Chamber but they keep a separate
set of books and they're a separate not for profit organization, the
Southwest Florida Workforce Board has done the same thing in
carving out their not for profit so they can keep the accounting and the
financials and all the records separate. Which is helpful to us and to
them and to our Clerk's Office in accounting for the reimbursements
for the expenditures.
CHAIRMAN HENNING: Commissioner Hiller, Commissioner
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Fiala.
COMMISSIONER HILLER: I'd like to make a motion that we
approve.
CHAIRMAN HENNING: Motion by Commissioner Hiller to
approve.
COMMISSIONER NANCE: Second.
CHAIRMAN HENNING: Second by Commissioner Nance.
Commissioner Fiala?
COMMISSIONER FIALA: Yes, just a couple of questions. And
I just found confusion on my part, possibly no one else did.
Under this topic the Economic Incubator Incorporated says it will
be paid $50,000 annually to coordinate this effort, I believe it is. Yet
further on down it talks about $395,000 advance payment to EII. And
then farther down yet it says the first year EII agreement amount is
1,480,929. So tell me what that actually means. Is that every year or
one year or which year or what?
MR. OCHS: Ma'am, that's -- that is the budget to run the two
accelerators, the total budget. Okay, EII will --
COMMISSIONER FIALA: The 1-4.
MR. OCHS: Yes, the 1-4. They will receive the $50,000 a year
for their management services. That's all that EII receives. But they
are managing the books on that entire operating budget as part of their
agreement. So that's an indication of what the annual budget is to run
the two accelerator programs.
COMMISSIONER FIALA: Okay, see it doesn't say that at all. It
says the first year EII agreement amount is 1 million, 480. But what
you're saying really is they're going to get that much to manage the
whole agreement? Not just for them.
MR. OCHS: They're going to manage both accelerators, and
that's the budget to do that.
COMMISSIONER FIALA: I see. So then the 395,000 advance
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payment is the first payment to manage the whole accelerator process,
right?
MR. OCHS: Yes, ma'am, that's seed money for the budget, for
the op --
COMMISSIONER FIALA: And as I read all of the things that
they're going to be doing, there's a lot of stuff here. Managing staff
and leases and real estate issues, procurement, supplies, goods and
services, and we're only paying them $50,000 a year; is that right?
Looks like they're going to be managing the whole program for only
50,000. You have pretty cheap labor there, Joe.
Anyway, I wanted to get that straight, because it doesn't say it
quite like that.
MR. OCHS: Thank you, Commissioner, for that clarification.
CHAIRMAN HENNING: Leo, we knew that we received a grant
in June last year, June or July?
MR. OCHS: Yes, sir, the Governor signed it sometime in June.
CHAIRMAN HENNING: Okay. So we had plenty of time to
advertise for proposals. What was the reason not to go through the
formal bid process?
MR. OCHS: Sir, when we looked at the contract window and the
fact that we had to expedite some of the standing up of these two
accelerator projects and the fact that experience that the Workforce
Board has had on a regional level, they manage multiple facilities and
multiple counties, part of their work as the Workforce Board obviously
involves training of talent in the region, so we thought they could bring
some value added to the accelerator project, not only in the
management and administration, but they may be able to identify some
additional training opportunities that they could leverage through the
Workforce Board. And that's the reason why we thought that they
were an extraordinary fit for this project. And they also have a very
solid represent reputation throughout the state. And we knew that the
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DEO would be very comfortable working with them as a
subcontractor.
CHAIRMAN HENNING: But who was involved in staff
participation to make the determination that we're not going out to bid?
Who was involved in that?
MR. OCHS: I'm sorry, sir, one more time? Who was involved in
CHAIRMAN HENNING: Who was involved in making the
decision not to go out to bid?
MR. OCHS: That would be me, sir.
CHAIRMAN HENNING: Just you?
MR. OCHS: Yes. In consultation with the staff it was really my
thought that we should approach the Workforce Development Board.
CHAIRMAN HENNING: What staff are you talking about that
helped you form that decision?
MR. OCHS: Well, Mr. Register and Ms. Markiewicz in
procurement. And that's essentially it. But it's my responsibility, sir.
CHAIRMAN HENNING: I don't understand the reason to
partnership with a new not for profit organization when you already
have a not for profit organization doing the same thing. I don't
understand that. Why are we doing that? Why isn't it just the
Southwest Florida Workforce Authority that we're entering into an
agreement with?
MR. OCHS: Maybe Mr. Paterno would like to elaborate on that.
CHAIRMAN HENNING: I'll be gentle.
MR. O'LEARY: Commissioners, I'm Ken O'Leary, I'm the
president of the Southwest Florida Workforce Development Board and
the president of EII.
In our deliberations, besides the issue of accountability and, you
know, to keep separate books, we have a contract for one year. Maybe
we'll go on to a second year. The idea was that rather than try to
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disengage Southwest Florida Workforce Development Board and
create another entity after we've left, by creating a branded entity that
has started to work right now because it's a -- because of the type of
corporation it is, there's no stock holdings or anything, all we've got to
do is to elect a new board and new officers, and then EII will continue
on doing exactly what it's doing. That was the rationale behind it.
CHAIRMAN HENNING: Why not the Workforce Development
Board?
MR. O'LEARY: Because the Workforce Development Board has
a contract for one year, maybe a second, but that is the extent of it.
CHAIRMAN HENNING: Contract with who?
MR. O'LEARY: Excuse me?
CHAIRMAN HENNING: It doesn't have a one-year with the
Board of Commissioners. Who does it have a contract with? It says
separate entity.
MR. REGISTER: They have a contract with the County
Commission, the Board of County Commission, between EII, which is
an associated entity of the Workforce Board.
CHAIRMAN HENNING: We're going -- on our agenda is a
proposed EII agreement with the county.
MR. REGISTER: Correct.
CHAIRMAN HENNING: So what agreement does the county
have with South Florida Workforce Development Council?
MR. REGISTER: I believe we do have an unrelated
memorandum of understanding that facilitates their delivery of
services for their state-wide -- excuse me, their district-wide mandate.
But beyond that in regards to an actual formal agreement we do not
have an additional agreement with the Workforce Development Board.
MR. O'LEARY: And I was trying to answer the question when
you said, well, why not with Workforce.
CHAIRMAN HENNING: That's what I'm trying to understand.
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MR. O'LEARY: We will be entering into EII, or if it was
Workforce, we would be entering into on the Workforce, with leases,
other types of contractual agreements. The idea was if you create a
separate company that will continue on after we leave, and we're going
to be leaving -- we, EII --
CHAIRMAN HENNING: The Board.
MR. O'LEARY: And this is where I understand, our
involvement, Ken O'Leary, Joe Paterno, the rest of the staff, okay, is
over with in either a year or maybe a second year. But the program
stays going. So the idea was is to create EII to allow that to continue
after our involvement's over with.
CHAIRMAN HENNING: And you'll elect -- they'll be chosen
new officers for EII, is that what you're saying, in the future?
MR. O'LEARY: There are certain requirements within the
agreement. Yes, once we're out then we'll elect new officers, new
directors and we'll be out of it.
CHAIRMAN HENNING: What's the compensation for the
officers?
MR. O'LEARY: Zero.
COMMISSIONER FIALA: So EII is pulling out altogether, is
that what he's saying?
CHAIRMAN HENNING: No, what he's saying is any not for
profit, you're going to elect, you know, board of directors.
MR. O'LEARY: Yes.
CHAIRMAN HENNING: Kind of like a church where you have
deacons and that, they kind of change them out. It's very common to
do that. But the main director, the person that does all the work, is
going to stay within that not for profit organization. That's kind of
how they work.
MR. O'LEARY: That's correct.
COMMISSIONER FIALA: Thank you.
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MR. O'LEARY: Anything else?
CHAIRMAN HENNING: Stay tuned.
Commissioner Taylor?
COMMISSIONER TAYLOR: Mr. O'Leary, that's wonderful.
MR. O'LEARY: I wanted to get off of there as soon as possible.
COMMISSIONER FIALA: It's pretty hot up there, huh?
MR. O'LEARY: I just want to go home.
COMMISSIONER TAYLOR: I'll be very quick.
You mentioned when you started to speak the word
accountability, and it pricked my attention here. What did you mean?
MR. O'LEARY: Well, accounting is probably the better idea of
that. By having a separate entity than all the bills and how we apply
back to the Clerk's Office for reimbursement and so forth of that nature
is very clean. It only has to deal with the incubator accelerator. The
Workforce Development Board, we manage -- I think we're up to 18
million or something of that nature this year. So we have lots of
programs. They're all state and federal mandated, so we're used to the
accounting and the audit procedures and all the rest of the stuff of that
nature. This just gave us the opportunity to separate those things so it's
a kind of a clean accounting.
COMMISSIONER TAYLOR: Understanding that at some point
in the near future, not the far future, you would be stepping back from
it; is that correct?
MR. O'LEARY: Near future is maximum two years, and it might
only be one.
COMMISSIONER TAYLOR: Okay, thank you.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Leo and representatives of
Workforce, my understanding is you all met with the Clerk and that
this was a structure which was discussed with the Clerk and ratified by
the Clerk as being the best for purposes of accounting and operations?
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MR. OCHS: Well, the Clerk's Office worked closely with us, as
did the County Attorney, and certainly Mr. Paterno and Mr. O'Leary. I
think we've done everything that we need to in terms of the contract.
Then obviously the Clerk's Office will do their pre-audit based on the
deliverables and the requirements in the contract and do what they
always do, and they'll do it well, I'm sure.
COMMISSIONER HILLER: And the Clerk, having reviewed
this agenda item, has not objected to the waiver of formal solicitation
and has not objected to the structure as proposed?
MR. OCHS: Well, I guess you can ask --
COMMISSIONER HILLER: No, they would have already --
they should have already raised it if they were going to object to it.
CHAIRMAN HENNING: I don't think that's their obligation. I'll
let Crystal answer that. Their obligation is to financially enforce the
Board's agreements.
COMMISSIONER HILLER: No, I believe what happened was
that staff and representatives of Workforce communicated with the
Clerk to ensure the Clerk understood exactly what was intended and
that what was done would meet with the Clerk's Office approval so
that there wouldn't be an after-the-fact criticism of what is being
approved by the Board.
MR. OCHS: Well, I do know that representatives from the
Workforce Board did meet with the Clerk early on. I believe they had
a very productive discussion. The Clerk's Office has been very helpful
in helping us over these many weeks put this agreement together.
Crystal, I don't have any other comment to make there.
MS. KINZEL: Commissioner Hiller, I think Commissioner
Henning's correct in saying that we don't opine on your structure of
contracting or who you vetted. We didn't do that. We did work with
staff to make sure that some of the criteria to allow us to pay would
meet the standards that we audit to.
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We went over with Mr. Paterno and Ken the milestones. I think
Leo created some things that prove that there would be a good or a
service receipt by the Board. We were looking primarily at a payment
criteria.
And again, we don't pre-bless or predetermine even our ability to
pay, but what we did try to do was work with the board upfront to
make sure that they understood what type of evidence we would
require. But opining on the structure of their arrangement in the
corporate structure, we did not take that role.
CHAIRMAN HENNING: Any further discussion?
(No response.)
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
We're going to take a lunch break and be back at 1: 16.
(Luncheon recess.)
MR. OCHS: Mr. Chairman, you have a live mic.
Ladies and gentlemen, please take your seats.
CHAIRMAN HENNING: Okay, let's go to our next item.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
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MR. OCHS: Item 7, sir, is public comments on general topics not
on the current or future agenda.
MR. MILLER: I have no registered public speakers for public
comment at this time, Mr. Chairman.
MR. OCHS: Commissioners, your advertised public hearing,
items are scheduled to start no sooner than 1 :30, sir, so --
CHAIRMAN HENNING: Well, let's go to the CRA items.
Item #14B1
COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVE
AN AGREEMENT FOR PURCHASE AND SALE AUTHORIZING
THE SALE OF CRA OWNED PROPERTY IN THE GATEWAY
MINI-TRIANGLE TO FORTINO CONSTRUCTION &
DEVELOPMENT, LLC FOR CONSTRUCTION OF A MIXED-
USE DEVELOPMENT COMPRISING RESIDENTIAL, HOTEL
AND ROOFTOP RESTAURANT AND RETAIL USES - MOTION
TO ACCEPT THE AGREEMENT AS WRITTEN — APPROVED
MR. OCHS: CRA? Yes, sir, we have one item under
Community Redevelopment Agency on the regular agenda, that's Item
14.B.1. That's a recommendation that the Community Redevelopment
Agency approve an agreement for purchase and sale authorizing the
sale of CRA owned property in the Gateway Mini-Triangle to Fortino
Construction and Development, LLC for construction of mixed use
development comprising residential, hotel and rooftop restaurant and
retail uses.
CHAIRMAN HENNING: Okay, we're going to temporarily
suspend the BCC meeting and convene the CRA. Commissioner Fiala
is the chair.
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CRA CHAIRWOMAN FIALA: Thank you very much. Will the
CRA meeting please come to order.
We will be discussing number 14.B.1. And you've already read
what it's about, Leo.
MR. OCHS: Yes, Commissioner.
CRA CHAIRWOMAN FIALA: And I guess we can just move
right on to Burt. Would you like to talk on this subject or would you
like staff to talk about it? You know.
MR. SAUNDERS: I think initially we're here to listen, if we
could do that.
CRA CHAIRWOMAN FIALA: Okay, good.
COMMISSIONER HENNING: I have some questions.
CRA CHAIRWOMAN FIALA: Do we have a staff member
here?
MR. OCHS: Yes, ma'am.
CRA CHAIRWOMAN FIALA: Well, I mean, Mike -- okay,
Mike. I mean, I know you're a staff member, I just didn't know CRA --
MR. OCHS: I don't know if Ms. Jourdan is here, but Mr. Durham
from my office has worked with her and other members of the staff
internally. We can address issues, along with the County Attorney, on
the terms and conditions of the contract.
CRA CHAIRWOMAN FIALA: Did anyone call and ask Jean
Jourdan to come over? Yeah, okay.
All righty, go ahead.
COMMISSIONER HENNING: I have questions.
CRA CHAIRWOMAN FIALA: Sure. Do you want to ask your
questions before Tim Durham starts?
COMMISSIONER HENNING: Yeah, I want to know from Tim
what add-ons were changed to the existing contract and when.
MR. DURHAM: Thank you, Commissioner. Tim Durham for
the record.
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The -- and I apologize, the network's down so it makes it difficult
for me to show the materials as easily I normally would. But I do have
hard copies.
The agreement that's in your agenda packet, which was agreed to
prior going to print, is one that the developer, the developer did agree
to. But I do have to raise one concern with it as I proceed.
So you have the one that's in your packet. We tried to address the
concerns that were raised at the prior board meeting in crafting and
working with the developer to create the agreement that you see before
you.
One of the concerns is when you research these things and look at
what other jurisdictions have done, there's basically two problems that
can typically arise. One has to do with you sell the property to the
developer and then the developer starts the work and then at some
point they can't complete it and you're stuck with what's there. There's
been some pretty famous examples of that.
And the remedy, if you don't have something in the agreement to
correct it, is that you have to wait for the marketplace to provide
another buyer to purchase the land and get it back -- purchase property
and get it back to the way you want it. That's one thing that can
happen.
The other that can happen is some sort of inordinate delay. And
again, it would require if it's a city or a county or whatever the
jurisdiction is to possibly purchase a property. Just for an example,
Raleigh, North Carolina just within the last year, they sold a piece of
property downtown to a developer for 5 plus million. They didn't have
a provision in their agreement to buy back or other remedies, but they
felt they had to get the property back once that development failed.
And it cost them $20.2 million. So that's a little bit of the background
of what's going on.
So you have the agreement that's before you, and Commissioner
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Henning had asked what are the changes that were recommended or
proposed. And based on our interaction with the Commissioners
during the one-on-ones, it became apparent -- and sir, if you'd put this
in the visualizer -- that several Commissioners would only agree to go
forward with this item if the developer was willing to put some other
safeguards in the agreement to protect the county.
So we met with Mr. Fortino and Burt Saunders with
Commissioner Taylor and we discussed if some of these additional
benchmarks and a surety bond would be acceptable. Because she felt
that she'd have a hard time voting for the item unless these extra
provisions were agreed to. And based on our interaction with Mr.
Saunders and Mr. Fortino, we found out this morning that they could
not agree to these additional safeguards. And I believe that's what
prompted their withdraw of the proposal.
And that's pretty much the history of it.
But I think the intent of the additional language was to add
additional benchmarks and additional guaranties to make sure that the
project would be kept on track in a timely manner and be able to hold
the developer accountable.
CRA CHAIRWOMAN FIALA: Could I hear from the CRA
Director? I still think that you should be the executive director for the
CRA. And I think I should propose that very soon. But go ahead.
MS. JOURDAN: As he said, we had made all the changes that
the Board had discussed and got the contract all solidified and
everything. And Fortino and them signed the contract to bring it back
to the Board. And then apparently there was some changes
recommended to it. And basically Fortino had said that he didn't want
to move forward because he could not actually agree to those terms.
But in the contract there itself they are putting up $152,000. So
there is some earnest money that will go to the county if they don't
actually proceed.
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COMMISSIONER FIALA: Thank you.
Burt?
MR. SAUNDERS: For the record, Burt Saunders with the Gray
Robinson Law Firm. And I do represent Anthony Fortino and his
development company.
Let me point to a paragraph in Exhibit B, which is a Declaration
of Restricted Covenants, paragraph four. And just for the record I'll
read it real quickly: In the event developer is unable to meet the terms
of this declaration, such as not meeting the deadlines to include
mutually agreed upon extensions or develops a property in a way that
is substantially different from the uses and densities described herein,
the county may exercise the right to purchase the property for $5.2
million dollars.
So if something goes wrong, builds half a building, like they did
in Durham, I think was the example, you're not going to pay five times
the cost of the property. You're going to pay the 5.2 million, if you
want to buy it back.
I believe the county is fully protected. We have a signed contract,
it's in your package. I have a deposit check. We were ready to close
yesterday. We were presented with several conditions that we cannot
meet. One of them is the requirement for a $500,000 surety bond -- we
could do a $500 bond -- $500,000 surety bond. What this would in
effect be is a letter of credit. You can't get a bond for this type of
guarantee that the staff-- or has been suggested to us.
No one's going to put up a $500,000 letter of credit under these
conditions. You can rebid the property, you're not going to get a surety
bond under these conditions.
You have that protection in the document. We're ready to move
forward if the Commission decides to go forward with what's in your
packet today. Otherwise, as I've indicated -- or as was indicated, we
have withdrawn our offer. And we did that because we can't accept
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any changes. Now, if you want to go forward with what's in your
packet with what we negotiated in good faith, we signed off, we're
ready to close and proceed. And you are protected in this document.
CRA CHAIRWOMAN FIALA: Thank you.
Commissioner Hiller?
COMMISSIONER HILLER: Thank you. Couple of things. The
first is what is the requirement -- my understanding, and let me restate
this. It's my understanding that the developer needs to do some market
impact study. What is that all about?
MR. SAUNDERS: I'm going to have Mr. Fortino address that.
We do have -- the way this all came about, we have a due
diligence period in there. In my reading of the contract, and this is
pretty typical in real estate contracts, there is a due diligence period.
And during that due diligence period the contractor can terminate the
contract for any reason or for no reason.
Mr. Fortino has discussed the need to do some market analysis
and that's what he's going to start doing immediately. But what we're
really talking about is what are the rights of the purchaser during the
due diligence period.
But in terms of marketing, if you have some specific questions,
Mr. Fortino can address that.
COMMISSIONER HILLER: What is the length of time, 150
days from the date of this agreement to determine that soil tests, there
are no abnormal drainage properties in compliance with applicable
state environmental laws, and can be utilized for the intended purpose
(sic).
So what you're -- this market study you're suggesting would be
utilized for its -- would be related to number four, utilized for its
intended purpose? Is that the --
MR. SAUNDERS: The language in that section is very broad
and it's not uncommon that during a due diligence period that a
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purchaser can terminate an agreement. And that's what this language
does.
COMMISSIONER HILLER: You know --
MR. SAUNDERS: Whether it's a market study, whether it's a
soil test, it doesn't really matter. Because it says in there -- and again,
it's not uncommon, but it says for any reason whatsoever.
COMMISSIONER HILLER: Well, I think that 6.02 refers to
6.01, that it's specifically for the inspections identified as 6.01,
subsections one through four. I'm not sure it's as broad and as open as
you say. Usually I thought they --
MR. SAUNDERS: Let me just address that. Let's assume for a
moment that it only applies to one through four. And it says if
purchaser is not satisfied for any reason whatsoever with the results of
any investigation.
Now, that's totally within his discretion as to whether he's
satisfied. No question about that.
So let's say that there's a soil test that says that there's sand there.
And he says, you know what, I don't like this. That would be a reason
for him to say no. But that's -- again, that's not uncommon in a
purchase contract.
COMMISSIONER HILLER: This is not a contract. If you don't
mind, I want to understand this. We haven't signed this --
CRA CHAIRWOMAN FIALA: Mr. Klatzkow wanted to say --
COMMISSIONER HILLER: That's fine. I do want to hear what
Jeff has to say.
No one has signed this contract, right? This is their offer?
MR. KLATZKOW: This is a proposed contract.
COMMISSIONER HILLER: This is the proposed contract.
MR. KLATZKOW: They have signed the contract.
COMMISSIONER HILLER: Right, but --
MR. KLATZKOW: And now it's up to what the Board wants to
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execute.
COMMISSIONER HILLER: But this terminology here is
something that they're proposing. We're not bound --
MR. KLATZKOW: You have a core fundamental disagreement
on this contract that I was not aware of until a meeting yesterday. It is
the purchaser's understanding of the contract that he may do a market
study, and if the results of the market study are such that this is not an
economical project for him, he can walk. And if he decides to walk,
the deposit money goes back to him, all right.
So in essence what you have here is an option to purchase where
he has five months to figure out whether or not this is a deal he wants
to do. And at the end of the five-month period if he decides he does
not want to do this deal, he can walk away from the deal with all his
money and we'll have to just rebid it. But that deposit's illusory. That's
what I found out yesterday. There really is no deposit here, because
there's virtually no circumstance where it won't go back to the
purchaser.
COMMISSIONER HILLER: And these -- the additional
provisions that were on the screen before are Commissioner Taylor's --
MR. KLATZKOW: That's our standard language in our standard
contract. I've always had the understanding that 6.02 tied directly into
6.01.
COMMISSIONER HILLER: I did too.
MR. KLATZKOW: And we were talking about engineering
studies, soil test. Mr. Saunders has a different interpretation of that. I
understand his argument. But beyond the argument there is an
essential disagreement as to the essential core of this contract.
Now you do not have a meeting of the minds. Now, you can
agree to this contract, okay, under that offer, okay, but what you're
saying is that he has five months to figure out whether or not he wants
to proceed with this deal and if for whatever reason he decides not to,
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all right, he's entitled to end the deal and to get his deposit back.
Burt, is that correct?
MR. SAUNDERS: Again, the language says that he can
terminate the contract for any reason whatsoever.
COMMISSIONER HILLER: The language can be modified. I
mean, that's your proposed language, it's not the --
MR. SAUNDERS: We don't -- I mean, just to set the record
straight here, we made this offer based on our negotiations with staff
and signed the agreement.
When we were confronted with this other change yesterday we
withdraw our offer, because we knew we couldn't stand here and try to
negotiate a contract. Because just like at the last meeting, it starts to
break down. We thought we had an understanding, and we're ready to
proceed with that understanding. But if we need to make changes,
then I don't know where we can go with it.
COMMISSIONER HILLER: Well, Commissioner Taylor is
proposing safeguards with respect to benchmarks and security, which
would seem to be reasonable. I think they're important safeguards.
And I'm very concerned about what Jeff is saying with respect to the
lack of meeting of minds on, you know, what this is all about.
So it doesn't really make any sense to vote on this today. And
maybe it should be continued to allow the parties to continue to work
through this. I mean, this is Commissioner Taylor's district, I think,
you know, her opinion --
CRA CHAIRWOMAN FIALA: Well, let's hear from her.
COMMISSIONER HILLER: -- is important.
CRA CHAIRWOMAN FIALA: Okay, Commissioner Taylor?
COMMISSIONER TAYLOR: As I was watching this and I
attended several CRA meetings during this last year, it became
apparent how important this was to the Triangle. However, it also --
because we, as you have, as I have gone through 2008, 2009, you can't
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take anything for granted. And one of my greatest concerns about this
area is that the economy is moving and there's an interest in this area.
And I didn't want to see this property tied up because of-- and not
come to fruition. So I felt that these were reasonable safeguards to put
within the contract to ensure that there are benchmarks, that this
property will be developed, and that if the benchmarks aren't met there
was a way of recovering at least some of it and getting out of it before
we're five years from now and two walls are up. And I'm
exaggerating, I'm not suggesting that that's what you're going to do.
But to me it's very important to move on this.
In my conversation with Mr. Klatzkow, our attorney, he
suggested the surety bond, which I understand is just business as usual.
And that was the deal breaker yesterday. The $500 (sic) surety bond.
CRA CHAIRWOMAN FIALA: 500,000?
COMMISSIONER TAYLOR: 500,000, yeah.
And I'm sorry that we're here at this point, but it's very, very
important to me to have these benchmarks within the contract.
CRA CHAIRWOMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Well, there are some
benchmarks within the existing contract. You've got a 36-month start
for construction. And then there's a 60-month completion. So you just
want to shorten those time frames.
MR. SAUNDERS: Mr. Chairman? While you're talking about
shortening the time frames, let me remind you that you have leases on
this property and we can't do anything until those leases expire.
There's a tower lease on there. There's things in there that are a little bit
complicated. And so, you know, is 36 months a long time to begin
construction? You know, that is a fairly long period of time.
However, you have to shorten that by the length of leases that the
county has, the CRA has on those properties. So that's part of why we
have that worked in there. Just wanted you to know that as you're --
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CRA CHAIRWOMAN FIALA: The CRA chairman would have
been able to tell you this, our executive director, but she hasn't been a
part of a lot of this. And so she's got all the history there, she's been
working on it a long time. And I'm sorry that that wasn't revealed, but
COMMISSIONER HENNING: Okay, if I can continue.
CRA CHAIRWOMAN FIALA: You may.
COMMISSIONER HENNING: Thanks.
Our leases, past leases, we don't have tenants in a lot of these; is
that right? How many tenants are left, one?
MS. JOURDAN: No, we have Smith Plastering. We also have
Greenway Nursery that's there. Smith Plastering's lease will be up next
year.
Then additionally Auto Pride has asked for an extension in theirs.
They are looking for a new building and they've asked for an extension
that will be coming to the Board also. But I think Greenway still has
about two years left in there. And the leases can't be terminated unless
Greenway would agree and would allow them to buy them out. They
have to be assigned.
COMMISSIONER HENNING: The other thing, the leases that
we did have a year ago, I think we had something like $300,000 a year
income.
MS. JOURDAN: Correct.
COMMISSIONER HENNING: Now that has been diminished to
two or three tenants. How much of a loss is that?
MS. JOURDAN: Right now it's about $150,000 loss. Budget
Rent-A-Car has replaced -- has actually relocated, so we no longer
have that tenant, just because they knew that the site was targeted for
redevelopment, so they can't continue their operations knowing that it's
going to be sold, so they relocated.
Additionally, Auto Pride has bought a building. They're the ones
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who we get most of the rent from. And it will take them probably six
months to a year, but they're definitely relocating from --
COMMISSIONER HENNING: Mr. Fortino, did you secure
those two properties at the nose of the triangle?
MR. FORTINO: We have them secured, yes, sir.
COMMISSIONER HENNING: Pardon me?
MR. FORTINO: Yes, we do, we have them secured.
COMMISSIONER HENNING: Okay. So that's I guess my
concern is why you want to leave this on there. I think that we need to
discuss this. And we can't do that until we have a dialogue, and that's
what this is all about.
So we heard why there's a 36-month process in here, is because
there's one lease that's a two-year lease, correct?
MS. JOURDAN: Correct.
COMMISSIONER HENNING: The problem is the tenants that
were there are gone. So our revenue stream has diminished greatly.
MS. JOURDAN: Correct.
COMMISSIONER HENNING: And they're not going to be
filled, ladies and gentlemen, because we're going to continue trying to
market this.
MR. FORTINO: I'm sorry to interrupt you, but let me just point
out, I'm very familiar with the leases that are there.
COMMISSIONER HENNING: Can we speculate? Yeah, we can
speculate on somebody else coming forward. We did a long time ago
before the market was downturned and the Board turned that down.
So that's when you have real blight, and that's my concern, by not
sticking to the agreement. The only thing that has been removed, from
my understanding, and Burt you can correct me, is a real estate
commission; is that correct?
MR. SAUNDERS: I didn't hear the first part of the question.
There may be a real estate commission. The county's totally involved
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in that, we are not.
COMMISSIONER HENNING: Yeah, well, we removed that.
MS. JOURDAN: Right.
CRA CHAIRWOMAN FIALA: Off of this agenda item.
COMMISSIONER HENNING: Off of this agenda item. And
that's my understanding the only thing has changed.
MR. SAUNDERS: Yeah, those two items were separated.
COMMISSIONER HENNING: So that was my main concern,
and I think that we can deal with that later. It's a heck of a gamble.
That's my opinion, it's a heck of a gamble to sit and wait. We've done
that for -- I mean, I can't even recall the first time that we were
contemplating --
CRA CHAIRWOMAN FIALA: That was Dan Paoli, wasn't it?
COMMISSIONER HENNING: That was, it was. I don't recall
the year.
CRA CHAIRWOMAN FIALA: That happened in like 2002 or
something like that.
COMMISSIONER HENNING: Yeah. So, you know, sometimes
you've got to -- sometimes you've got to just take the chance.
MS. JOURDAN: May I just say what one of my major concerns
is?
CRA CHAIRWOMAN FIALA: Yes.
MS. JOURDAN: Is that, you know, we've always targeted that
hoping to get those two pieces at the corner to be redeveloped with our
property. What my concern is, is that Mr. Fortino is going to move
ahead and put just some C-4 uses there. They're going to be on those
two properties. We're never going to get what we want built on our
property. It's going to be the same type of uses. Because he can go
and build any permitted use he wants. I don't know if that's his intent,
but I think he would build the highest and best use, which would be
something along the C-4, which is currently similar to things that we
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may not want and didn't want to see it be developed. Once those key
pieces are gone, it's -- I just don't know what we're going to do. I
mean, it just doesn't fit within the redevelopment plan anymore.
CRA CHAIRWOMAN FIALA: What you're really saying is we
had planned on it being a coordinated effort so everything move
together to be one large unit, whatever it would be, or at least
everything corresponding with one another rather than different
businesses all over.
MS. JOURDAN: Yeah, that's my concern.
CRA CHAIRWOMAN FIALA: Mr. Fortino might build two
wonderful businesses at the beginning, but there goes the rest of the
plan. Because he now has the option to buy those. And we tried that
for years and could never get the option. And so, you know, there is
that chance too. You talk about the chances that Tim Durham talks
about or you talk about the other chances, so --
MS. JOURDAN: And another thing is having those, you know,
two key pieces there, that's just very instrumental. And no one else is
going to have that. He's going to have control of that. So we just have
one 5.69 acres for someone to develop. What are they going to
develop if he doesn't have a uniform thing and just has two commercial
uses there?
In my opinion, he's invested a lot in the game because he's paid
cash for these two properties there, you know. And then he's bartering
to try to get this property. So that eases my concerns somewhat.
Additionally, I know it would tie up the property for five months,
but however, if he walks away we're not losing anything. If he walks
away now we're going to lose those two key pieces. And that's just
how I look at it.
CRA CHAIRWOMAN FIALA: Thank you. I have a couple
other speakers here, and that's first Commissioner Nance.
COMMISSIONER NANCE: Yes, ma'am. Let me just ask a
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couple questions to make sure everybody understands what's going on.
Mr. Fortino, is it my correct understanding now that you have
outright purchased these other parcels which you previously had an
option to buy?
MR. FORTINO: No, we have not closed on them as of yet. We
have every intention on doing so.
COMMISSIONER NANCE: Okay. So those properties are still
in play.
Ma'am, what is our current annual revenue today on our holdings
there compared to what it was before we started to offer the property
for sale? It was my understanding that our annual revenue was
somewhere around $331,000 annually when we started this process.
And what is our current annual revenue?
MS. JOURDAN: May I look in my executive --
COMMISSIONER NANCE: Yes, ma'am. I'm just looking for a
ballpark. You don't have to give me --
MS. JOURDAN: Yeah, it's been reduced by about 150,000.
COMMISSIONER NANCE: Okay. So we're down below
$200,000 in revenue where we were. You know, because some of the
things I talked about at the time when we originally engaged this was
that actually our holdings there, as far as the CRA's indebtedness and
whatnot, we're cash positive. And that was one of the few bright stars
in that.
So at this current situation where we have lost tenants, we are
probably no longer able to even pay our debt service; is that correct?
MS. JOURDAN: I can't answer that question. We'd have to --
MR. OCHS: We're able to pay our debt service.
COMMISSIONER NANCE: We are.
MR. OCHS: Yes, sir. And you have a reserve for debt service.
COMMISSIONER NANCE: No, no, I know that. But, I mean,
before we were cash positive, we were actually --
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COMMISSIONER HILLER: We still are.
COMMISSIONER NANCE: We still are.
COMMISSIONER HILLER: Oh, yeah.
MR. OCHS: You're able to pay your debt service out of your
operating budget in the CRA.
COMMISSIONER NANCE: No, no, that's not my -- are we able
to pay our debt service from our revenue? What was -- our revenue
was 330 and what was our annual payment? I believe we were
actually making money on the situation, were we not? Or is that me
making a misassumption?
COMMISSIONER HILLER: I thought it was a million --
MS. JOURDAN: I started to say, yeah, our debt payment's 900
and some thousand.
COMMISSIONER HILLER: It was a million and a half and the
debt was restructure by Fifth/Third and they extended the term because
there was a balloon that was due.
This property has been for sale for a long time. I don't believe
that the leases were not renewed because the property was for sale, I
think they just terminated and no longer had reason for being in that
area.
COMMISSIONER NANCE: But the bottom line is we're
annually collecting --
MS. JOURDAN: They terminated because of the sale. Their
leases were about to terminate anyway, so they were asking for the
leases to be renewed, which I was going to bring to the Board for
renewal. But they decided just to go ahead and leave, they just felt it
was better.
COMMISSIONER NANCE: Well then what we have now is a
situation where we have $150,000 less income than when we started
this discussion with Mr. Fortino.
MS. JOURDAN: Correct. That's correct.
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COMMISSIONER NANCE: So we got an extra 150,000 a year
in this endeavor in which we're pretty much committed to at this
moment.
MS. JOURDAN: Right. And that we will be losing in about six
months. Because they have already bought a building. The tenants
which pay the most rent that we get most of the income from is Auto
Pride, and they're going to be leaving in about six months. They
bought a new building and they're renovating it.
COMMISSIONER NANCE: So what will our remaining
revenue look like?
MS. JOURDAN: Our remaining revenue will be around $2,500 a
month, so that would be about $28,000 a year, somewhere around in
there.
COMMISSIONER NANCE: Now we're talking about being
300K down a year.
MS. JOURDAN: Yeah, we will be.
COMMISSIONER NANCE: So over the next three years we'll
be $900,000 short of where we would have been. Times three.
Well, you know, with great deference to Commissioner Taylor, I
believe that Commissioner Henning has a valid point, that we really --
you know, we have more skin in the game now than ever on this
situation. So I don't know if there's something we can do to reach a
comfort level with her. I want to be deferential to her, it is her district,
but I do have a concern that we're going to be in a worse situation than
when we began.
CRA CHAIRWOMAN FIALA: Thank you, Commissioner
Nance.
Commissioner Taylor?
COMMISSIONER TAYLOR: I share your concern, that's why I
put the safeguards in the contract.
And the other issue is I don't know if the Commission
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understands, and I'm not -- I didn't understand it until I sat next to Mr.
Klatzkow yesterday. This is not a contract where it's for sale. This is
an option to purchase. That's a whole -- he can walk away and he has
no skin in the game. There's nothing -- he doesn't leave any money on
the table. From what I understand of folks who do this, and I'm not a
contractor, I'm not a builder, a 500,000 surety bond is business. It's
normal business. This isn't something extraordinary that shouldn't be
there. But if you have an option to purchase and you want to take all
your marbles if it doesn't work out at the end of the day, then you don't
want to put down that bond.
So what Mr. Klatzkow said yesterday, and he said it again today,
this is not a contract to purchase, this is a contract for an option to
purchase. And the way it's written has put he has all the power here.
We cancan come with our hands out and worry about the future, but I
worry about the future in another way. And I think if it's normal
business to issue or to have a $500,000 surety bond, and if there is a
serious man who has a vision who has his investors who wants to go
forward, I don't think it's too constraining, this time frame. And that's
why I did it like that. No one was more surprised than I am that it was
withdrawn yesterday.
COMMISSIONER NANCE: Mr. Ochs, could you put the criteria
back up on the visualizer for me, sir? Excuse me, I'd like to see
exactly what it says again.
Madam Chair, can I just make another remark?
CRA CHAIRWOMAN FIALA: Please do.
COMMISSIONER NANCE: You know, I'm a little concerned
here, because just like -- I'm not doubting Commissioner Taylor's
dedication to making sure that we have safeguards here. But it says on
the schedule, commence vertical construction within 24 months of the
date of conveyance. Mr. Fortino is not even going to be in possession
of it. Because we have a lease that runs for another 24 months, do we
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not?
MS. JOURDAN: Right.
COMMISSIONER NANCE: So Mr. Fortino will not have been
able to even gain access to the property and even conduct, for example,
a Phase I environmental audit on a piece of property he hasn't even
been allowed to take possession of. So I don't see how we can -- I don't
see --
COMMISSIONER TAYLOR: That's within the contract, the
150-day period.
COMMISSIONER FIALA: Commissioner Hiller, did you --
COMMISSIONER HILLER: I'm sorry.
COMMISSIONER FIALA: I'd really like to hear Commissioner
Nance's, but --
COMMISSIONER NANCE: I just want to make sure that these
deadlines are compatible with the realty of the circumstances that are
going to allow a potential buyer to do due diligence. And I'm not
making a judgment on his market study, I don't know what that is, I'm
just talking about other fairly standard due diligence activities that you
have to be in possession of the property in order to do.
Am I the only one that's worried about that?
CRA CHAIRWOMAN FIALA: No, I think you make some
good points. I see that both of them say complete construction in 60
months from the date of conveyance. That's the same -- so there's a
couple things here.
I think you're absolutely right about commencing vertical
construction 24 months from the date of conveyance, because they
can't go in there until the property has turned over. So I think the 36
months sounded reasonable to me, just because you won't even have
possession of the property yet. You can certainly do permitting and
stuff like that and you can get design work and everything together, but
you're not shoveling a shovel in the ground until the people move out.
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And then you've got to make site preparation and all of the stuff that
goes with it. So anyway, I understand that.
Yes, ma'am?
MS. JOURDAN: The conveyance is when we convey it to them.
Then from the date of conveyance then they have 36 months, so --
CRA CHAIRWOMAN FIALA: Oh, okay. So --
MS. JOURDAN: Yeah, a different time.
CRA CHAIRWOMAN FIALA: -- it's not until then. Oh, I'm
sorry.
MS. JOURDAN: Correct, correct. That's the closing. That's the
closing. And then from the date of closing they have 36 months in
order to start going vertical.
CRA CHAIRWOMAN FIALA: So -- and the date of closing has
to be within nine months?
MS. JOURDAN: Within 180 days.
COMMISSIONER FIALA: 180 days, okay. So you've got six --
go ahead, Commissioner Henning.
COMMISSIONER HENNING: You're going to perform a
market study, correct?
MR. FORTINO: We'll probably -- of the due diligence period, of
the 150 days. It's a market study, feasibility study, I look at the soils, I
look at the geotech, I look at everything on the property.
COMMISSIONER HENNING: Could you share that
information with the county?
MR. FORTINO: Well, there's language.
MR. SAUNDERS: My recollection of the contract, and I'll take a
quick look at it, is that if the deal falls apart, it doesn't close, all those
documents go to the county.
COMMISSIONER HENNING: Okay. And that's very
important. Because if a market study shows that it is not feasible to do
at this site, we need to change what we're doing, okay. That is key.
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Because, you know, in the past this was supposed to be a hotel and
housing and shopping. You're losing the shopping. We need to do
something -- we need to do something else. And I think it's a value,
personal value to find out more about this property. Because if it's not
marketable for what we want, then we need to reconsider how we need
to market this and what could be done there. Right now the -- I don't --
the stipulations, you can't build a lot of industrial -- light industrial; is
that correct, Jean?
MS. JOURDAN: Correct. Just up to the C-4.
COMMISSIONER HENNING: And it might not be right for
that. I say in my opinion we need to go for it. Or otherwise we're
going to be sitting on it for a long time, potentially sitting on it for a
long time.
MS. JOURDAN: May I ask Fortino what the cost of a market --
what's the cost of the analysis that you're going to do? Do you have
any type of--
MR. FORTINO: Well, it's not just one report, it's several reports
from different agencies. And Mr. Chairman, you're absolutely 100
percent correct in what you've just --
COMMISSIONER HENNING: I heard that a lot today.
MR. FORTINO: Okay, you're 1,000 percent correct, how's that?
COMMISSIONER HENNING: But here's the chairman.
MR. FORTINO: Mrs. Chairman, absolutely as well, I put you in
that category.
Yes, what my group and I are interested in doing, the zoning
that's permitted now. We're not looking to rezone, we're not looking to
do any of that. However, there are densities that we can build up to.
Now, we are permitted to build up to 193 hotel rooms. We're not
sure if we want to do that. We may build up to 140, 150 units of
hotels. These studies will help us to be successful. The last thing we
want to do is stick a shovel in the ground, invest all this money and it's
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not a successful project for us and for the county. So we definitely
want to build something that makes sense.
And these studies, 150 days that we put in the contract allows us
to do that. And it's a very aggressive schedule. We're not building a
one-family home here. This is a very complex project, challenging site
to build and develop on. And these things will help us to understand
what those complexities are and how to meet those demands, not only
on site logistics but on density and the zoning that we want to, you
know, maintain and hold to.
CRA CHAIRWOMAN FIALA: Thank you.
One last question from you. Have you heard from any of your
board members about this? Or were they all solidly behind this?
MS. JOURDAN: They all supported -- I did not tell them that it
had been pulled from the agenda today because it was put back on.
But they're --
CRA CHAIRWOMAN FIALA: Okay, fine.
And Commissioner Taylor, do you have any further comments?
COMMISSIONER TAYLOR: Yes, I just have a question.
Who decided what was going to go on this site? Was it the
developer, was it CRA? Who came up with this idea?
CRA CHAIRWOMAN FIALA: I was sitting at the meetings so I
can tell you. They approached the CRA and they came up with the
ideas and the CRA was very welcoming of them.
Am I speaking out of turn?
MS. JOURDAN: Well, it actually was part of the redevelopment
plan and the study back in 1999 to put a mixture of uses, hotel, retail
and residential on this. There's been two other conceptuals that was
done that actually they were more grandiose because they included the
entire 14 acres, which would be hard, you know, for any one person to
assemble. But it's all -- it's been in the plan and been -- actually, it was
targeted as a catalyst site exactly for those type of uses when the
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redevelopment plan was first put into effect.
COMMISSIONER TAYLOR: I think Commissioner Henning
had a very interesting comment, because that means you've got an idea
for an area that's 15 years old and an area that's changed so
dramatically. The stakeholders on either side have not been brought
into it.
Times have changed. You've got the marina that's for sale across
the way; you've got a wonderful spa area that wasn't there 15 years
ago. So with all due respect, I think the plan probably could be
changed and be updated. And I think, and I'm just saying this, I think
that if the county was to undertake something like that, even just as a
meeting, bringing in the stakeholders who own property around the
area, including the City of Naples, because there has to be a concern
there, I think that the zoning could be changed to attract something that
would be very current with 2014, 2015, not 1999.
CRA CHAIRWOMAN FIALA: So what are you thinking of?
COMMISSIONER TAYLOR: Well, what I'm saying is I don't
think we have to rush into this. You don't have a contract, you said
you had a contract. I was at the meeting, you said this was a contract
for sale. It's an option to buy. And you've got a developer who doesn't
want to have normal business by putting up a $500,000 surety bond.
You've got -- you know, I don't think -- I mean, leases are leases, but
you already lost one tenant. I don't see that it's a deal breaker, because
24 months from now he has to start. I think it can be worked out. I
don't see this as a deal breaker. I just think that if he's serious, this is
reasonable.
COMMISSIONER FIALA: Okay. And the last person to speak
is Commissioner Hiller.
COMMISSIONER HILLER: Thank you very much.
I agree with Commissioner Taylor. You know, when this was
competitively bid it was intended as a sale, not as an option. And I
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think that the points that the County Attorney has raised are very
important. I think the safeguards that are being proposed are
reasonable. And I think this very last point that the zoning that's
intended for this parcel dates back to 1999 is of real concern.
I don't know if we've spoken to Fifth/Third Bank, I don't know
how they've been involved in this since, you know, since they're the
ones carrying the debt. You know, whatever proceeds we would get
would have to be, you know, paid to them and, you know, how the
balance of the debt would be handled, you know, what collateral is left
to cover that I don't know if they've been consulted on this.
I agree with Commissioner Taylor, I think it would be imprudent
for us to accept this today, based on what's being proposed in light of
what's expected.
CRA CHAIRWOMAN FIALA: Thank you. So all in all we
don't have a motion on the floor yet, but I'll tell you, and my personal
feelings are we've sat and languished on this property for the 14 years
I've been on this Commission and for many years before then, and all
it's done is deteriorate. And I think it's about time we got off dead
center and made a move. You know, we're not going to lose anything,
because the agreement says -- we might lose a little bit of time, but we
were going to lose the time anyway. Because if we put it back on the
market we're going to have to go through the whole thing. Both times
that we had it one the market we got one buyer. I've heard from other
developers within the community who have said, given
recommendations, move forward. Don't waste any more time.
Because that property is going to be difficult at best to start moving
forward. Take this option as long as you have it and move forward.
So would anybody like to make a motion?
(No response.)
CRA CHAIRWOMAN FIALA: I'll make a motion. So I make a
motion that we accept the agreement as written.
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COMMISSIONER HENNING: Second.
CRA CHAIRWOMAN FIALA: And I have a second from
Commissioner Henning.
Any further discussion?
(No response.)
CRA CHAIRWOMAN FIALA: All in favor, signify by saying
aye.
COMMISSIONER HENNING: Aye.
CRA CHAIRWOMAN FIALA: Aye.
COMMISSIONER NANCE: Aye.
CRA CHAIRWOMAN FIALA: Opposed like sign.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
CRA CHAIRWOMAN FIALA: Okay, I have two opposes, 3-2,
it moves forward. Thank you very much.
And with that, the CRA meeting is --
MR. SAUNDERS: Madam Chairman, if I may make one closing
comment. I want to first of all thank you, the Commission, for this.
You're not going to be unhappy with this end result. But I want to
thank staff. Staff has worked very hard on this. I've spent a lot of time
with them. Jeff Klatzkow's office, very willing to meet with us and
talk to us. And so I just want to thank all the staff. Tim Durham, Jean
Jourdan, everyone that worked on this has been very diligent and you
should be very proud of your staff. Thank you.
CRA CHAIRWOMAN FIALA: And stay close, because we
want to watch every move you make.
MR. FORTINO: Yes, thank you, Commissioners, for your
support and I second again Tim Durham, Leo Ochs and staff, and the
County Attorney did a fantastic job help crafting this and I appreciate
your support. Thank you so much.
CHAIRMAN HENNING: We need your license plate number so
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we can --
MR. FORTINO: You got it, thank you.
CRA CHAIRWOMAN FIALA: And the meeting is back to you,
Commissioner Henning.
CHAIRMAN HENNING: I lost my agenda. Here it is. Oh,
we're on advertised public hearings.
MR. OCHS: Yes, sir, would you like to start with 9.0 and 8.A,
because they're companion items, Mr. Chairman?
CHAIRMAN HENNING: All right. I don't care if we go in
order. Doesn't bother me. Anybody have a preference?
COMMISSIONER FIALA: No. 9.C, did you say?
MR. OCHS: Yes, ma'am.
CHAIRMAN HENNING: How about the AUIR?
MR. OCHS: Want to do AUIR? We'll do that then.
Item #9A
ORDINANCE 2014-39: REVIEW AND APPROVE THE 2014
COMBINED ANNUAL UPDATE AND INVENTORY REPORT
(AUIR) ON PUBLIC FACILITIES AND CAPITAL
IMPROVEMENTS ELEMENT (CIE) AMENDMENT AS
PROVIDED FOR IN CHAPTER 6.02.02 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE AND SECTION
163.3177(3)(B), FLORIDA STATUTES AND ADOPT AN
ORDINANCE THAT UPDATES THE 5-YEAR CAPITAL
IMPROVEMENT SCHEDULES — ADOPTED
MR. OCHS: Let's go to 9.A. That's a recommendation to review
and approve the 2014 combined Annual Update and Inventory Report
on public facilities and Capital Improvement Element Amendment as
provided for in the Land Development Code.
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And Mr. Bosi will make the presentation.
MR. BOSI: Good afternoon, Commission. Mike Bosi, Planning
and Zoning Director.
Today in continuation of some of the items that we spoke about
earlier on your 11 agenda items in terms of economic development, we
have the Annual Update and Inventory Report and the Capital
Improvement Element. It's a combined effort that deals with
infrastructure and services and the provision of that to our county
residents.
The AUIR is the annual one-year snapshot in time for projected
needs and required improvements for all infrastructure and service
providing departments and divisions based upon the population
projection increases against accepted levels of service standards that's
been adopted by the Board of County Commissioners.
And it should be noted that this is a snapshot that changes, and it
changes as the demand for those services change.
What's included in the Capital Improvement Programming, the
AUIR? In your category A which make up your currency facilities,
those are the stop or go for whether building permits cancan be issued
based upon the availability of infrastructure and services. Our roads,
drainage, potable water, wastewater, solid waste, parks and recreation
and schools.
The blue components are the only statutorily required
components to be within your concurrency facility. The other are local
options that this Board has in the past directed that the road, the
drainage, the parks and the schools be part of the Category A facilities.
The Category B facilities are your jails, law enforcement,
libraries, EMS, government buildings and your two dependent fire
districts, Ochopee and Isles of Capri.
The question, it's really a math problem, and it starts with how do
we project growth; how do we begin the first part of the equation, what
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we need to build to? And it's contained within our Growth
Management Plan within our Capital Improvement Element within our
Growth Management Plan. It's Policy 1.2. And it says population
estimates and projections shall be based upon the most recent
population bulletin. From the University of Florida's Bureau of
Economic Business and Research. You'll hear the term BEBR a lot
within the AUIR Capital Improvement Element process.
The county has adopted the policy of the BEBR medium
projections. But we also have an additional factor that we provide for
because we are a seasonal destination. Because in the winter months
our population swells with visitors, with second homeownership. And
that's within our seasonal population.
For that and to account for that, we add 20 percent to our
permanent population as a balance. We derive that number from
looking at our potable water number, our solid waste, trip counts, a
number of different factors that indicate what this spike in demand is at
any one period of time. And we've decided upon a 20 percent increase
to adjust for those seasonal populations.
And then we get to that equation that I was speaking about. How
much do we build? And it's that new population against a level of
service standard, and that equals the capital improvement program.
And that's why the level of service standard that's adopted by the
Board of County Commission is just so important.
The easiest example to provide for that is in library buildings.
And just let me put a disclaimer: We're good on libraries for 10 years,
but it's a pretty straightforward math problem, that's why I picked that
as an example. Over the next five years the county from BEBR is
expected to have 34,221 people. That's how many additional residents
we're going to have projected over the next five years.
To accommodate the demand that those additional persons will
place upon our infrastructure system against our libraries, we multiply
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that against our standard. Our standard says we will provide .33
square feet per person of library space for every county resident. So
we have 34,221 people we're expecting in the five-year period. Our
capital improvement programming says we multiply that against our
standard and that gives us what we need to maintain the level of
service that the individuals within this county have grown to expect
within our built environment. And the libraries are very
straightforward and an easy example to understand.
But that's the concept of everything that we have within our
AUIR or CIE is maintaining the place, the quality of place and the
level of services that the residents have come to expect and the
residents expect as we add populations, that we're not going to degrade
or we're not going to lessen the levels of service that we are providing,
so we can maintain the quality of place in a continuum.
There's a couple other reasons for the AUIR. Primary, it
establishes the rational nexus required for the utilization of impact fees
in both of your categories.
Now following my presentation, Mr. Casalanguida is also going
to provide a Power Point that shows you some of the growth areas and
some of the concerns that we have in terms of some of the hotter spots
of building within the county. But it underlines the tone of how we
finance our Capital Improvement Program. And the Board has made a
decision that impact fees will be one of our primary components of
how we maintain the revenue streams needed to complete these capital
improvement programs.
And the reason why impact fees were chosen is the Board has
always said they want growth to pay for growth. And what impact
fees do is they charge the new user who's coming into this county an
assessment in what it would cost to expand that facility based upon
their decision to live within the county. And it's an approximation.
It also provides for a budgetary standpoint. It's an approximation
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of revenue projected over the capital period to determine the county's
ability to provide the adopted levels of service. Meaning -- and we
have a policy within our Capital Improvement Elements that says that
we must maintain financial feasibility.
From a state perspective, that used to be a requirement. It's no
longer a requirement. But we at a local level have made the decision
that says we want to make sure that we have a financially feasible
Capital Improvement Program. So the CIE that is before you that you
will be deciding, we have identified the necessary revenue sources to
be able to provide for those capital improvement programmings that
are contained.
And another important key within the AUIR/CIE is all the
projects contained within this program have to be related to growth for
all the reasons that I just articulated.
Whose idea was this? Section 6.02 of the LDC requires the
county to (sic) provide the public facilities and services meet or exceed
the standards establishing the CIE required by the statutory reference
and available when needed for development. And 6.02.02 of the LDC
requires the AUIR. It originated in 1994.
One of the things that I've noted as a project manager for the past
eight years is we are the only county in the State of Florida that goes
through this length to talk about the wide range of categories of
infrastructure and services that our residents enjoy.
We married up the AUIR and the CIE because -- we used to do
about a six month deference. We've married them up by the direction
of the Board of County Commissioners to provide a more cohesive and
a more uniform program.
The next slide that I have here is basically your driver. And if
you look at it -- and it's our population projection for the next five
years. There's a coup-- there's three numbers that are highlighted in
red. The 2011 current year, the 327,000 people projected, that was a
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reflection of this 2010 census resetting our population numbers. If you
look at the number that's above it and to the right, that's what we had
expected our population was going to be in 2011. After the census, we
realized we had overestimated about 12,000 people.
What that did to the county, it provided a lot of slack within the
system, meaning when would that next capital improvement be
needed. Well, we just gained 12,000 people who weren't here that we
had built to. So what it has done, it's delayed a lot of the capital
improvement programming. And one of the messages that will come
from this AUIR/CIE is that slack, in additional capacity is starting to
erode and you're starting to see more projects start to encroach within
our first five years the real due of the Capital Improvement Element.
The next slides I'll go over real fast. And what I'll really just do is
try to give you an understanding of where the hotspots, where the COs
are being issued within the county.
And if you'll notice, the Immokalee Road corridor around the 951
intersection and the East Trail have been some of the greatest
recipients of where the dwelling units and COs have been issued.
In 2012, Heritage Bay, Lely Resorts and Livingston Village were
the top three PUDs for COs in dwelling units issued. In 2013 those
same players, Heritage Bay and Lely were there, but Terafina, another
planned unit development, came on.
And then in another aspect, in 2014, compared to 2013, there was
a 33 percent increase in dwelling units that were issued by growth
management. And it was a reflection of the market understanding that
that deep recession that we were in has begun to thaw and the demand
for the local area has started to transpire within the market area. And
the same, Lely Resort, Heritage Bay and Livingston Village are the top
of the three PUDs.
The proposed improvements in this AUIR/CIE: Transportation,
drainage and parks. Those are the only Category A facilities that have
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program improvements in this next five-year period.
Law enforcement and EMS, they're your two Category B
facilities that have projects in the first two years. And both of those
projects, the EMS was Logan and --
MR. OCHS: Vanderbilt.
MR. BOSI: -- Vanderbilt to provide for the whole -- thank you,
Leo -- the whole in Zone 42 and in the North Naples area. And the law
enforcement project was to replace a 12 to 13-year-old temporary
facility in the Orange Tree area. Both of those have been directed by
the Board of County Commissioners to move forward.
The CCPC recommended unanimously of all the projects that
were contained within the AUIR before the Board of County
Commissioners, and there was an additional recommendation from the
Planning Commission to the Board, and that was to direct staff to start
seeking alternative funding measures for our stormwater drainage
capital improvement programming.
I apologize, that specific recommendation from the CCPC was
not articulated within the executive summary, but that was a specific
direction that the CCPC asked the Board of County Commissioners if
you would direct staff to explore potential alternative funding for
drainage projects moving into the future.
Finally, the recommendations that were contained within the
executive summary find that based upon the 2014, that the county will
have adequate facilities as defined by the concurrency and
management system to support development order issuance until the
presentation of the 2005 AUIR. Meaning -- 2015. Meaning that over
the next year capacity is in the system for COs to be issued.
Provide a motion that there's sufficient road networking capacity
in the transportation concurrency management database for continued
operations of the concurrency management system.
Approve the ordinance related to the Capital Improvement
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Element of the GMP for the 2014. And those are contained within -- it
begins on Page 115. And those are your CIE. Those are actually what
is sent to the state. Those are what make up the concurrency
management system that's sent to the state. And we're asking the
approval in direction to provide those Category A and Category H
facilities to DEO and finally provide a motion that the school district's
Capital Improvement Program to be included by reference within the
schedule of capital improvements for the annual update.
That concludes my presentation. As I said, Mr. Casalanguida has
another one following me.
Any questions on the areas that I covered?
CHAIRMAN HENNING: Questions by the Board members?
COMMISSIONER FIALA: You did a great job.
CHAIRMAN HENNING: I have some questions.
I want the full package every year for the remainder I'm here.
Page 170, last paragraph, ALS engines, agreements and programs
were instituted in 2014 in the City of Naples and Big Corkscrew
Island. That needs to be corrected. It's not true.
Before I get to solid waste, what was the rationale for the
Planning Commission to recommend alternative funding sources for
stormwater?
MR. BOSI: I believe the stormwater -- under the direction of Mr.
Casalanguida and Jerry Kurtz, stormwater has engaged in a pretty
robust effort to categorize -- identify and categorize a number of
capital improvement programs related to the drainage component of
the AUIR.
After LASIP there is a number of competing interests, there's a
number of different projects that have the need for revenue, and
because of that and because of the limitation of the budget allocation
for stormwater, it was suggested that maybe there's an alternative
source and alternative way that we can fund stormwater project
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planning outside of a reliance upon the general revenue fund.
CHAIRMAN HENNING: Okay. Well, LASIP is winding down.
That's going to free up millions of dollars. So where is the -- where is
the hole in the doughnut?
MR. CASALANGUIDA: For the record, Nick Casalanguida,
Commissioner.
Everywhere in the county, sir. Right now I'm following Dr.
Yilmez in Naples Park. I've got Golden Gate City repairs to the tune
of$18 million. Golden Gate Estates doesn't meet level of services,
aging weirs.
So we were at a program level of about $13 million a year in the
heyday, close to 15, actually. We're now down to about $6 million a
year.
We've been fortunate because your staff has sought grants and
been successful, so that's augmented some of the program a little bit.
But the challenge has been, as we follow say Dr. Yilmez in Naples
Park where he repairs the waterlines, it doesn't make any sense for us
at the same time not to go in there and fix the drainage. You're ripping
up the roads.
Golden Gate City is about $18 million, and right now we're about
a million dollars a year.
Golden Gate Estates, that's tens of millions of dollars if you're
going to try and re-plumb that to some level with the North Belle
Meade.
And all those projects were in your watershed improvement plans
that the Board suggested we move forward on into the next phases.
CHAIRMAN HENNING: Well, part of the grant application for
the BP oil spill is the interconnection with Golden Gate and South
Belle Meade, I believe it is. Is that one of the projects you're talking
about?
MR. CASALANGUIDA: It's one of the projects we're talking
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about, sir, but that's not shovel ready. That has to go through an
extensive design phase before being eligible for money. And that's one
of the things we're looking at.
So when you talk about a program that went from about 14
million a year down to about five or six, it's not the same as it was.
CHAIRMAN HENNING: Okay. Let's talk about solid waste. I
notice there are no capital improvements for -- throughout the whole
thing out to 2019.
We're going to build a transfer station in Golden Gate Estates?
Where is that at?
MR. VANLENGEN: Chris VanLengen, Principal Planner with
the Public Utilities Division.
Commissioners, the level of service standard for solid waste is
really based on facilities standards. And that facility is the landfill
itself. And so what we've done is indicated in the notes that Waste
Management, Incorporated of Florida is responsible for all capital
improvements at the landfill itself.
There are other capital expenditures by that department,
absolutely. Because they don't relate to the level of service specifically
which is defined in two ways, the 10-year capacity and two-year line
cell capacity, we felt that -- and this has been reported this way for
several years -- that there wasn't a need at least in the AUIR to include
those capital programs in your CIE.
CHAIRMAN HENNING: What happened to the landfill closure
fund?
MR. RODRIGUEZ: Good afternoon, Commissioners. For the
record, Dan Rodriguez, your Solid and Hazardous Waste Management
Department Director.
We currently have a enclosure fund. And I believe the balance is
right about $3 million.
CHAIRMAN HENNING: Okay. And you collect every year on
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that, correct?
MR. RODRIGUEZ: Yeah, we actually maintain a balance for the
cells that are the responsibility of the county. With the contract with
the landfill, Waste Management assumed all the new cells.
CHAIRMAN HENNING: At one time I think you were like $16
million on that. Has that fund been shifted to other projects?
MR. RODRIGUEZ: Actually that fund was utilized to help buy
the new Property Appraiser building. And those payments have been
coming to us for the last three years. But I think the balance of the
fund, I think it is hiked somewhere just under 6 million.
CHAIRMAN HENNING: Six million.
MR. RODRIGUEZ: Correct.
CHAIRMAN HENNING: How much is it going to take to do
our obligations at the landfill as far as closure?
MR. RODRIGUEZ: As part of the closure fund, those are
estimates. Waste Management has the majority of the responsibility
because it's a life site agreement. And the closure fund period is 30
years. So probably more than 80 percent of the responsibility falls on
Waste Management.
CHAIRMAN HENNING: What is our capital share on that
closure?
MR. RODRIGUEZ: We currently maintain a balance of about
three million, which with all the payments coming back to us will get
to six million. But engineer estimates state that the liability associated
with the landfill that's 270 acres is ours could be anywhere from 10
million to 25 million.
CHAIRMAN HENNING: Well, we're not responsible for the
whole thing.
MR. RODRIGUEZ: Just for the whole thing. But if there is a
rupture in the liner and it's a cell that's our responsibility, it just
depends. There's a --
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CHAIRMAN HENNING: Which cell are we responsible for?
MR. RODRIGUEZ: Cells three and four at the Collier County
Landfill. And the cells in Immokalee as well. Those were preexisting
before Waste Management took over.
CHAIRMAN HENNING: Right, okay. Okay, thanks.
MR. RODRIGUEZ: Thank you.
CHAIRMAN HENNING: That's all the questions I have.
Any other questions?
(No response.)
CHAIRMAN HENNING: Entertain a motion -- oh, yeah, we've
got to hear from Nick.
COMMISSIONER FIALA: No, oh, yes, we have to hear from
Nick.
MR. CASALANGUIDA: Mike, nice job, thank you.
Commissioners, other than your budget, your AUIR/CIE is
probably one of the most important things you get a chance to look at,
because it kind of gives you a feel for what's going on.
Your budget cycle and your AUIR/CIE are kind of built together
to go in unison one after another. Someone says which one comes
first; they're just depending on where you are in the cycle.
Other follow-up first before I start on your stormwater issue,
Commissioner, just another issue we have is that as our projects
become more county projects, the general funds split between what
you can spend out of the 01 fund and the 111 fund becomes a little
more challenge. Obviously the city revenues coming into the general
fund can't be spent on county repairs and maintenance.
So I'll take you through one slide in a little bit of detail and I'll
move quickly through the rest of them,just to give you a feel.
Mike pointed out that your AUIR/CIE has population projections.
Well, roads don't use population numbers other than in your
long-range transportation plan and your traffic counts.
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The traffic counts used in your AUIR/CIE are about a year old.
We start actually the fall before and take you through spring. We
prepare the document. By the time you get here you're looking at
numbers that were collected a year ago. So this is one of the reasons
we're driving this.
On your map you're seeing Immokalee Collier intersection, one of
the hot areas, as Mike pointed out in his presentation. What it does is
it shows all the projects that are coming around that have been recently
approved, platted, under construction or about to go under
construction. And there's quite a bit of them in the area. So we've
done that with all the areas in the county to kind of get a feel.
The hardest thing for us to do is to take your five-year forecast
when you're looking at your last five years as a projection to go
forward, and it's been very slow. So we're accelerating right now.
The way road capacity is measured is you look at your service
volume. So if you're heading eastbound on Immokalee, you carry
about 3,200 cars is what the road can carry. You measure your
background traffic at any one point in time and you subtract that. And
then you also subtract what you think projects have been approved and
platted. Not zoned. And that's important. So approved and platted
SDPs and PPLs.
If you add all the projects that have been zoned recently in the
area, that road goes under by 1,200 trips. It will never get there. It will
fail about three or 400 cars after that level of service F.
So what I'm telling you is right now your forecast shows that
everything's okay, because you're taking measurements from over a
year ago and you're taking the growth rates that were from prior to that
in roads. And if all these projects come on line and fill in the next five
years, you'd have a significant amount of problems in that area.
So we've looked at several projects that are coming up. We're
looking at the intersection improvements coming up this year,
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Woodcrest Tree Farm, we're working with a developer to build.
But I point out to you Vanderbilt Beach Road Extension that last
year we defunded in the AUIR/CIE in the budget.
What I'm going to be recommending in the budget going forward
this spring is that we include right-of-way back into this project and
start acquiring the right-of-way for this to relieve Immokalee Road.
It takes us roughly seven years from when you get the green light
to when a car can actually hit that road. So if we don't start that
right-of-way acquisition fairly soon and get this project back on, if all
those developments on Immokalee Road and Collier Boulevard come
to go fruition, we're going to be behind the curve again.
I'll take you through quickly other parts of town. This is
951/Davis/I-75 area. Hacienda Lakes and all the projects that have
developed recently around there. So same issues over there, you're
going to have problems around Collier Boulevard, around Davis on
both sides.
So some of the projects we're looking at is the Wilson Boulevard
Extension, the Benfield Corridor that was built by Hacienda Lakes,
and we have that missing piece. Public utilities and transportation
purchased that Mellon property east of City Gate now. So where that
dotted red line is, we need to define that alignment and start working
on that project.
So in the spring I'll propose as part of the budget that we do an
alignment study and finalize that corridor in that location.
East Trail, 951 and 41, same thing, a lot of developments coming
in that area. That's what Mike called the second hottest area. We're not
in bad shape except for 951 south of the intersection, and we have the
intersection planned. And we've designed a great separate intersection
at that location in the future, so I think we can cover that location fairly
well. I'm not going to propose doing a Benfield alignment down there,
it's not read for that time.
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Your next location is Rattlesnake Hammock, East Trail. You've
got your two big projects there, Treviso Bay and Sable Bay. That's in
your transportation concurrency exception area. It's a location you've
deemed not to exceed your capacity and know that you're going to
accept congestion in that area.
One of the points is we talked about that Vincentian PUD, GMP
that came forward recently added some units. I would caution you that
we need to start looking at zoning applications when they come in and
really look at these longer range numbers instead of just the
short-range numbers.
And again, intersection improvements.
Last location is Randall Curve, Orange Tree location. Projects in
that area, as well as Ave Maria, and potentially we have Big Cypress
coming in, about 13,000 units and several million square feet of
commercial. Going to have problems at that location as well too.
Right now FDOT is working on a PD&E at that location. It just
popped up. We have two bridges planned. And at your next Board
meeting we'll be bringing Golden Gate Boulevard from Wilson up to
about 18th Street for the Board to construct.
We will spend a significant amount of time trying to accelerate
this location for planning purposes next year in your budget. We'll be
looking at a realignment of this Randall curve potentially to tie into Oil
Well Road.
So tried to make this presentation brief but I wanted to tell you
that what you're seeing right now is a tremendous increase. It's not
reflecting in your AUIR because it does not respond well to these
drastic changes. It kind of forecasts out better when you can see these
things come along the way.
We just had a recession. We've tripled every year almost in
building permits and dwelling units we've issued. And if we're
successful, or if the developer is successful, 250 takedown units in all
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these developments in Northeast Collier, you're going to see a
significant amount of traffic coming on line.
So it's more of a precursor to the budget to let you know. And if
there are any objections I'd like to hear them today, or any concerns.
Because we're going to be working with the budget office and the
County Manager's Office to make sure we get these things forecasted
in. That's it.
CHAIRMAN HENNING: Questions?
Commissioner Taylor?
COMMISSIONER TAYLOR: I just want to thank you very
much, Mr. Casalanguida. I think you've done an incredible job with
this. And I think that's the wave going forward we need to plan. And
you talk about forecasting, and indeed it is.
We're moving so fast right now and we'll continue. I don't know
when it's going to stop but we better fasten our seatbelts. So thank you
for such a great job and for being so forthright. And at least this
Commissioner would welcome it again and again.
If people want change in density, please be there to say whoa,
remember. We need that. Thank you.
MR. CASALANGUIDA: Well, ma'am, I just pass it back to the
team. We've got a great transportation planning staff and stormwater
staff. They do a really dedicated job to make sure you're aware of
what's going on. Thanks.
CHAIRMAN HENNING: Yeah, one of the things with
concurrency, it's difficult on zoning applications. And I verified this.
Nick has to -- checkbook concurrency comes in play when they issue
the development order or the Board approves the plat. There has to be
some kind of something that we can do to signal the Board, hey, you
know, you're in danger here. Or we're going to have to just stop issuing
DOs in certain areas.
MR. CASALANGUIDA: That's exactly what I'm here to tell
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you. As zoning projects come forward I'm not only going to look at
the concurrency system, I'm going to try and forecast what we see in
the area aside from that.
Your challenge is your consistency as written in your GMP is a
five-year look forward based on the growth rates that you've
experienced. And so it works well when you've got a pretty stable
growth rate. It does not work well when you've got a recession
followed by a very significant growth period.
So we'll bring it up at zoning. I've already talked to staff to say
we need to start looking at that. But your GMP says if in five years
what your AUIR says is okay, they can proceed forward. So that's --
CHAIRMAN HENNING: And that's because of state law.
MR. CASALANGUIDA: No longer state law, sir, it's local.
CHAIRMAN HENNING: No longer state law.
MR. CASALANGUIDA: Yes, sir. That's been waived by the
state. It's your local authority.
But you can certainly ask if more current information is available,
and we will provide it at the zoning hearings if we have a problem in
that area.
CHAIRMAN HENNING: Is there -- can we give direction to
change the -- would this be an appropriate venue to change the Growth
Management Plan?
MR. CASALANGUIDA: It could be, sir. Yeah, if we look at that
to add more forecasted trips in the area based on current growth rates,
not historical. That's certainly an opportunity for us to do that.
CHAIRMAN HENNING: Okay. Commissioner Nance and then
Commissioner Fiala.
COMMISSIONER NANCE: Yes, thank you, Nick. I think Ouija
Board needs some more hard drive capacity there.
But, you know, I hope that looking forward at the growth that's in
the east, and you know we have a lot of east-west running roads that
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are in the path of what's currently in the queue for new construction,
hopefully we're going to be able to have some policies, and our
economic development program is going to encourage some
development of jobs and goods and services on the other eastern sides
of our roads. Because we can't continually have our roads providing
unidirectional flow of traffic. Because there's absolutely nothing we
can do that's going to enable us to function until we can get something
going out there.
So I hope the Board will take a hard look at some of the decisions
it's going to have to make in the next couple of years, because we need
to be able to get some traffic flowing eastbound at some nontraditional
times or we are -- we won't be able to build enough lanes to move
600,000 people to the coast instead of 300,000. And that's, you know,
really what we're doing today.
So thank you for the alert. And with that, I'll make a motion to
approve the 2014 combined AUIR --
COMMISSIONER HILLER: Second.
COMMISSIONER NANCE: -- and facility, the CIE.
CHAIRMAN HENNING: Motion to approve by Commissioner
Nance, second by Commissioner Hiller.
Commissioner Taylor?
COMMISSIONER TAYLOR: Fiala first.
CHAIRMAN HENNING: Oh, you were?
COMMISSIONER FIALA: Yeah. You just turned my button
off.
CHAIRMAN HENNING: I thought you already said something.
COMMISSIONER FIALA: No, I sounded like it because it was
coming from Tim Nance, but I didn't.
I was just going to say real simply that Nick has been preparing
us for this, and he's been saying that there's some roads that cannot be
widened anymore. We're going to have to start rethinking how much
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-- you know, everybody has property rights but how much extra
density we're going to allow to be built, because our roads just cannot
accommodate it and we're doing nothing but growing.
So I think Commissioner Nance also threw in an excellent idea.
And I'll work with them in any way I can to make sure that we carry
through and we don't over saturate our area with an impossible load of
cars to be able to move forward. Thank you.
CHAIRMAN HENNING: Commissioner Taylor?
COMMISSIONER TAYLOR: And one thing that we discussed,
Nick, in our meeting was to get together with the City of Naples to talk
about the traffic, the triangle traffic, the traffic that's going to happen as
it develops. And with concurrence of this Commission I wondered if it
would be all right if Mr. Casalanguida and I met with the city to
discuss this to see proactively what we can do to keep the traffic
flowing, because it's not going to flow.
MR. CASALANGUIDA: Happy to do that. Four corners is
going to be a big deal going forward again.
COMMISSIONER TAYLOR: Do I have the concur--
CHAIRMAN HENNING: Do we have consensus to direct staff
to work with Commissioner Taylor to look at traffic on U.S. 41 and
downtown Naples?
COMMISSIONER NANCE: Absolutely.
COMMISSIONER FIALA: Sure.
COMMISSIONER TAYLOR: And Commissioner Nance too, I
support, you know, creating the attractions out in the county, whatever
it is, to keep the -- you know, to balance the traffic somehow. And I
would work with you, as --
COMMISSIONER NANCE: Well, I certainly endorse your
outreach to the city. You know, I think there's a lot of common issues
that we have to work with, so I endorse your effort.
COMMISSIONER TAYLOR: Thank you.
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November 18, 2014
COMMISSIONER FIALA: You know what? You can't blame
anybody for wanting to be here, because here we all sit and loving
every minute of it while we live in paradise. You can't blame other
people for wanting to join us over here in paradise.
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
MR. CASALANGUIDA: Thank you.
Item #9B
ORDINANCE 2014-40: AN ORDINANCE AMENDING
ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES
THE COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION
TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF
AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER
TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION
2.03.01 AGRICULTURAL DISTRICTS, MORE SPECIFICALLY
(1) TO AMEND THE PERMITTED USES IN THE
AGRICULTURAL AND ESTATE DISTRICTS TO ALLOW HOGS
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November 18, 2014
TO BE KEPT FOR SHOW BY CHILDREN ENROLLED IN A 4-
H DEVELOPMENT PROGRAM, AND (2) TO AMEND THE
ACCESSORY USES IN THE ESTATE DISTRICT TO ALLOW
OFF-SITE RETAIL SALE OF FRUITS, VEGETABLES, AND
NURSERY PLANTS GROWN ON SITE; CHAPTER FOUR - SITE
DESIGN AND DEVELOPMENT STANDARDS, INCLUDING
SECTION 4.02.07 STANDARDS FOR KEEPING ANIMALS;
CHAPTER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING
SECTION 5.04.05 TEMPORARY EVENTS; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION
IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;
AND SECTION SIX, EFFECTIVE DATE — ADOPTED
W/CHANGES
MR. OCHS: Mr. Chairman, that takes us to 9.B. It's a
recommendation to consider an ordinance amending your Land
Development Code. This is the second reading of an ordinance that the
Board had heard previously. Ms. Carolyn Cilek will take you through
it.
CHAIRMAN HENNING: Any questions?
COMMISSIONER FIALA: No. Motion to approve.
CHAIRMAN HENNING: Motion by --
COMMISSIONER TAYLOR: Second.
CHAIRMAN HENNING: -- Commissioner Fiala, second by
Commissioner Taylor.
Go ahead.
MS. CILEK: Good afternoon. Caroline Cilek for the record.
We do have one change to bring to you today. We worked with
Commissioner Nance, the Collier County Fair board members, the
University of Florida IFAS extension, and on the visualizer is some
proposed changes to the language of the amendment addressing
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streamlining of raising hogs in the Estates and agricultural zoned
districts, those that are under 20 acres in the ag. lands.
So if you take a look at the very top it says, notwithstanding the
above. And I want to direct your attention to little A, one hog per child
enrolled in a 4-H youth development program, and then we've added
the language Collier County Fair program or similar program. Those
are the words that we've added today. I apologize, I don't have it for
you in a perfect LDC format. The network is down, so I relied on
email.
CHAIRMAN HENNING: Is that included in your motion,
Commissioner Fiala?
COMMISSIONER FIALA: Yes, it is.
COMMISSIONER TAYLOR: And I agree.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: I just wanted to clarify, that
oversight is probably my fault. Because what we did with not
mentioning the other substantially similar programs as we let out some
of the very, very young children, and we didn't want to let out the kids
under eight. So I apologize for this bump in the road and I appreciate
everybody's support on ironing it out. Thank you.
COMMISSIONER FIALA: It's a great agenda number here. I
think this is great for the kids, to be involved in animals.
COMMISSIONER TAYLOR: It's wonderful.
CHAIRMAN HENNING: Any further discussion?
(No response.)
CHAIRMAN HENNING: In all in favor of the motion, signify
by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
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November 18, 2014
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Next item.
Item #9C
ORDINANCE 2014-41 : DENY THE EVERGLADES-RANDALL
SUBDISTRICT SMALL-SCALE AMENDMENT TO THE
GOLDEN GATE AREA MASTER PLAN ELEMENT OF THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN,
ORDINANCE 89-05, AS AMENDED, FOR TRANSMITTAL TO
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY
ADOPTION HEARING (PL20110002626/CPSS-2012-1)
(COMPANION TO PETITION CU-PL20110002615) — ADOPTED
MR. OCHS: Commissioners, the next item is Item 9.C, and it is a
companion item with Item 8.A. 9.0 is a recommendation to deny the
Everglades Randall Subdistrict Small-Scale Amendment to the Golden
Gate Area Master Plan element of the Growth Management Plan as
amended for transmittal to the Florida Department of Economic
Opportunity.
Petitioner traditionally starts. Sir?
CHAIRMAN HENNING: This is a Growth Management Plan
amendment. It doesn't have to be -- no disclosures on this?
MR. KLATZKOW: Are you hearing the rezoning at the same
time, or do you want to hear this one first?
COMMISSIONER HILLER: This one has to be first because --
MR. KLATZKOW: Right.
COMMISSIONER HILLER: -- depending on how we move on
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that will determine whether --
MR. KLATZKOW: They're sort of duplicative, some of this
testimony.
COMMISSIONER HILLER: I'd like to --
MR. KLATZKOW: Boards preference.
CHAIRMAN HENNING: Okay. I mean, I think we ought to
hear the Growth Management Plan Amendment item first, then move
forward to the Conditional Use.
COMMISSIONER FIALA: I do too. That makes sense.
CHAIRMAN HENNING: Yes?
COMMISSIONER HILLER: I'd like to make a motion that we
approve the petitioner moving forward to the state with the proposed
amendment. And this goes directly to the conversation we just had
about traffic impacts and development around certain major
intersections.
The proposed use will I think lead to less congestion at that
intersection than a major residential development would have at that
corner. So I think it's moving in the right direction where we all have
concerns about over-capacity on our roads. This is the type of
amendment that would alleviate that kind of pressure and congestion.
So I make a motion that you be allowed to move forward with
this for state --
COMMISSIONER FIALA: I'll second.
COMMISSIONER HILLER: -- review.
CHAIRMAN HENNING: It's your district, right, Commissioner
Nance?
COMMISSIONER NANCE: Yes, sir.
CHAIRMAN HENNING: Yes, that's what I thought.
COMMISSIONER NANCE: Thank you, Commissioner Hiller. I
think your remarks are right on. I want to explain what my thinking is
on this and the reason why I do support it.
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I do not criticize staff for their recommendation to deny because
they're following the Golden Gate Master Plan which frankly is in
serious need of updating and that we -- you know, I am certainly
supporting doing that as soon as we can get staff some time to begin
that, together with the RFMUD.
But what we have here on this plan, and this beautiful church has
planned for a very major future intersection in Golden Gate Estates and
that is at the corner of Randall Boulevard and Everglades Boulevard.
And that will be either a six-lane by six-lane intersection or a six-lane
by four-lane intersection, depending on how the transportation network
is finalized in our planning.
But what happens is this: Currently with Estates zoning this is
zoned for a single-family residence. And I will give you an example
of how that can become a problem for a single-family residence. And
I believe Commissioner Taylor's district there is one single-family
home on the northeast corner of Livingston Road and Golden Gate
Parkway. And that poor homeowner has been trying to sell his home
there or provide another use or get another use approved for that
property forever because he's living at a six-by-six intersection.
So I believe that, you know, allowing this GMP change is
appropriate. I think that the community supports it. There's been a lot
of discussion in Estates Civic, they support it. And I believe it's going
to be compatible. Should the Growth Management Plan change to
allow convenience commercial at one of the other intersections, Mr.
Anderson has also assured me that the church is going to be fine with
that. So I'm certainly in support of it and appreciate everybody's
understanding on, you know, going forward with this, despite the fact
that our planning has got a little catching up to do.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: I think it's important that when
staff says that something is inconsistent with the current plan and what
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we're looking at is a proposed amendment to that plan, that obviously
it's going to be inconsistent. That's why there's a proposed
amendment.
So to argue that as a basis for denial doesn't make any sense. If
the basis for denial is because there are reasons beyond that it's not
consistent with the plan, that would suggest that it's not a good idea to
change the existing plan, then those type of arguments are the right
kind of arguments to bring forward.
So Commissioner Nance, I agree with you and I'm glad you agree
with me and I'm glad Commissioner Fiala agrees with us. So I'm
going to ask that the question be called. That's called a statement of
mutual agreement.
CHAIRMAN HENNING: Yeah, you know, Commissioner
Nance, the problem you have out in your district, you have a lot of
areas that can be rezoned Conditional Use that fit the existing Growth
Management Plan. And you want to provide areas for the citizens to
have service. That needs to be looked at.
In my opinion there's enough areas for conditional uses. And by
just adding to that devalues those existing properties. So staff has
every right and should say it is not appropriate, you know. And I don't
agree with that statement. They went through the process of
developing -- assisting developing that master plan, so they're well
aware of it. So if there is any type of study, you really need the study
of what the community needs are and what the proper zoning -- how
much proper zoning you have. These come in all the time and they
never fit the Growth Management Plan.
COMMISSIONER NANCE: I agree, Commissioner.
CHAIRMAN HENNING: Especially in your district.
COMMISSIONER NANCE: Well, I agree. And part of it is, is
that the thinking is constantly rolling ahead. As one area gets
developed, then the thinking in the community starts to change and our
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process really has not been -- it hasn't been updated in a very long
time.
So as we go forward with the rural fringe and the Golden Gate
Area Master Plan, I believe there is substantial reason for us to restudy
these plans concurrently so that we're not making the plans in a
vacuum and that the plans we have in one study area are compatible,
you know, on the three -- what I'm saying is the three major things,
which is transportation, environmental and surface water management
first and foremost. And then of course, you know, as these large
developments come forward, we're going to have to talk about goods
and services and commercial.
So I believe that those should rightfully be restudied together.
And I know it's a big bite, but your comments are indeed correct, we
need to get a correction here so that we don't have these. It seems like
every application we have is a Growth Management Plan change. And
I am also uncomfortable with it, Commissioner.
CHAIRMAN HENNING: We have a speaker so we can't call the
motion.
MR. MILLER: We have one registered public speaker, Mr.
Chairman. Pat Humphries.
MS. HUMPHRIES: Thank you. I also have a slip in for 8.A, but
I didn't know which one to use, 9.0 or B.A.
CHAIRMAN HENNING: You can speak on both of them.
MS. HUMPHRIES: Okay. My name is Pat Humphries, resident
in the Estates since 1992. I have served as a director of the boards of
the Estates Civic, the Homeowners Association, was a member of the
951 Horizon Study Oversight Committee, and am presently on the
Golden Gate Estates Land Trust Committee. I have a long history of
serving my community.
I am opposed to this project, not because of what it is but because
of where it is. The location is not compatible with the Board approved
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Golden Gate Master Plan. The goal of this document is to preserve the
rural character of the Estates by designating specific areas for future
commercial and conditional use.
It is time for the Golden Gate Master Plan to be reviewed. But
until that time piecemeal rezoning requests threaten the integrity of the
present master plan and possibly the future master plan.
Approval of this Conditional Use will generate similar
inappropriate requests for rezoning, most likely starting with the other
three quadrants at the intersection of Everglades and Randall. Up until
now petitioners have abided by the objectives of the Golden Gate
Master Plan. So there are approved sites available in the Estates, as
well as outlying area.
The need to build a church within a certain proximate area is not a
viable reason to violate the Golden Gate Master Plan. Therefore, I ask
you not to approve this petition. Thank you.
CHAIRMAN HENNING: Okay. All in favor of the motion,
signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
COMMISSIONER TAYLOR: I oppose. And I oppose because
the last speaker was very convincing. We have master plans -- I
understand the concern -- I understand the argument to approve this.
However, we have a master plan, we need to abide by that. And if we
don't like it, change it. And I agree, things need to be changed.
CHAIRMAN HENNING: And the only reason I support it is
because of Commissioner of the district. Otherwise I'd be right there
with you.
COMMISSIONER TAYLOR: Okay.
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CHAIRMAN HENNING: So now we want to hear the
Conditional Use.
MR. OCHS: Yes, sir.
Item #8A
RESOLUTION 2014-247: A RESOLUTION OF THE BOARD OF
ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT
OF A CONDITIONAL USE TO ALLOW A CHURCH WITHIN AN
ESTATES ZONING DISTRICT PURSUANT TO SECTION
2.03.01 .B.1 .C.1 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED ON THE
NORTHWEST CORNER AT THE INTERSECTION OF
EVERGLADES BOULEVARD AND RANDALL BOULEVARD
IN SECTIONS 19, 20, 29 AND 30, TOWNSHIP 48 SOUTH,
RANGE 28 EAST, COLLIER COUNTY, FLORIDA. [CU-
PL20110002615, THE CHURCH OF JESUS CHRIST OF LATTER-
DAY SAINTS. PL20110002626/CPSS-2012-1 SMALL SCALE
GMPA] -ADOPTED W/CCPC RECOMMENDATIONS AND TO
INCLUDE ROAD RIGHT-OF-WAY PROVISIONS
CHAIRMAN HENNING: And the court reporter will swear
everybody in. So if you would -- anybody wanting to participate in
this discussion, please rise, raise your right hand, be sworn in.
(Speakers were duly sworn.)
CHAIRMAN HENNING: Ex parte communication. Start out
with Commissioner Nance.
COMMISSIONER NANCE: Yes, as earlier stated, I've read the
staff report, had meetings with Mr. Anderson and discussed it with
staff.
CHAIRMAN HENNING: Commissioner Hiller?
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November 18, 2014
COMMISSIONER HILLER: No ex parte.
CHAIRMAN HENNING: I have no ex parte communication on
this item.
Commissioner Fiala?
COMMISSIONER FIALA: Well, my ex parte was on 8.A, but I
guess it refers to this as well, and that is I had correspondence and I
also spoke with Bruce Anderson and got updates from the staff.
CHAIRMAN HENNING: Commissioner Taylor?
COMMISSIONER TAYLOR: I've spoke with Mr. Anderson and
spoke with staff. And of course the communications, written
communications.
CHAIRMAN HENNING: Okay. Mr. Anderson?
MR. ANDERSON: Yes, before I begin, do you have another
speaker slip for this item?
MR. MILLER: Yes, sir, I do.
MR. ANDERSON: Thank you, Mr. Chairman. My name is
Bruce Anderson. I'm pleased to be here representing the Church of
Jesus Christ of Latter Day Saints.
Thank you for your approval on the Growth Management Plan
Amendment.
This application for Conditional Use is for a church not to exceed
230 seats and 20,000 square feet. The church held two neighborhood
information meetings and also made a presentation to the Golden
Gates Estates Civic Association on September 17th. This property is
located at the northwest corner of Randall Boulevard and Everglades,
and it consists of one and a half lots totaling 7.8 acres.
As was earlier referenced, the county has plans to expand this
intersection greatly. And in connection with that, the county staff
required the church building, the landscape buffers and the parking
areas to have greater setbacks than normally would be required in
anticipation of the road widening so that the county would not have to
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pay to remove any improvements when the road is widened. That's
certainly a form of reservation and, you know, the compensation
would be determined at the time, but it was done so the county would
not have to go through a lengthy condemnation process.
It's important to note that the church will serve an existing
congregation that is currently meeting at the Cypress Palm Middle
School. It has become too crowded. All of-- this church is different
how they operate than many. They have geographic boundaries and
their members are assigned to churches, based on the location of the
church and where they live. The members who live in or close to
Golden Gate Estates are the ones who will be attending this church, not
somebody from within the urban area.
The church caps the size of its congregation for religious reasons.
There is no paid ministry. Local members run the chapels by
participating in volunteer callings and the church doctrine teaches that
all members need the opportunity to actively participate, and that can
only happen if the congregation remains small.
The transportation engineer has evaluated traffic conditions and
there is adequate capacity. And also included with your agenda
materials is a petition circulated by the adjacent property owner, Mrs.
Fuentes, to Estates area residents who support the church's application.
Approximately 60 people signed the petition. And as earlier noted, the
Golden Gate Estates Civic Association has withdrawn their prior
objection to these applications.
That concludes my formal presentation.
CHAIRMAN HENNING: Questions by the Board members?
(No response.)
CHAIRMAN HENNING: Staffs presentation? Commissioner
Hiller, do you have anything?
COMMISSIONER HILLER: No, let staff make their
presentation. Then I'll speak after.
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November 18, 2014
MS. GUNDLACH: Good afternoon, Commissioners. For the
record, I'm Nancy Gundlach, Principal Planner with the Planning and
Zoning Department.
And staff is recommending approval of this petition. And I just
have one request. Nick Casalanguida had requested that we set aside
some right-of-way. He'll be here in a moment.
MR. CASALANGUIDA: It's not a change, I just want Mr.
Anderson to just state on the record that reservation was put on there
for the county to purchase it at the time in the future, not to go through
condemnation proceedings. It would be just fair market value for the
reservation that he's put on there.
MR. ANDERSON: That's correct.
MR. OCHS: The record reflects that the applicant said that was
correct, sir.
CHAIRMAN HENNING: Okay.
COMMISSIONER HILLER: I'd like to make a motion to
approve.
COMMISSIONER TAYLOR: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: We have to close the public hearing --
COMMISSIONER HILLER: Go ahead.
CHAIRMAN HENNING: And I'm sure you want to hear from
the public before we close it.
COMMISSIONER HILLER: Do we have a public speaker on
this item?
MR. MILLER: Two.
COMMISSIONER HILLER: Oh, do we? I didn't realize that.
MR. MILLER: We have two registered public speakers. Your
first speaker is Pat Humphries. She'll be followed by Julie Fuentes.
MS. HUMPHRIES: Pat Humphries, and I reiterate what I said on
the previous statement, 9.C.
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November 18, 2014
As far as the petition goes, I have a copy of that petition with the
60 names. In checking with the property appraiser's website, I noticed
that 30 of the names don't even match the official homeowner. So
most of these people are renters. So the real homeowner doesn't even
know what's going on.
So I concur that I don't think the -- I think it's a very dangerous
precedent to set. And I ask you once again not to approve it. Thank
you.
MR. MILLER: Your final public speaker on Item 8.A is Julie
Fuentes.
MS. FUENTES: Good afternoon for everybody, for present and
especial for you, sit there for your time. Thank you very much.
And I'm here and I want ask you please, we want this church,
which one is my neighbor, next my door. And all signature, which one
I collect, I collect the signature. And almost it's owner from there.
And everybody ask me when this church coming, because we in Estate
we no have nothing there, everybody far from us. And growing over
there. Lot children, people with lot children and everything.
And I think church will be something's blessing, something's
good. This is nothing what people go and create problem for neighbor
for nobody. So I think we need.
So this morning I plead you, please, we need this church there.
So God bless you and I be wait and everybody wait for this result
when you say yes. I know many people maybe no agree for church
because when you go in church not many seat the people. But when
people go in hospital, only just God, God help me. But people no have
time to go in church, so I know many people is not church people. But
whoever just like to have church, is sign over there.
So God bless you. And we be wait, you good big heart for us for
Estate. Because I'm Estate person. Thank you. God bless you.
CHAIRMAN HENNING: Commissioner Hiller?
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COMMISSIONER HILLER: Are you closing the hearing?
Because I want to make a motion.
CHAIRMAN HENNING: Oh, is that what you -- I thought you'd
allow the commissioner of the district to do it. But anyways,
Commissioner Fiala has something --
COMMISSIONER HILLER: We don't seem to be operating like
that.
COMMISSIONER FIALA: Yes, I just -- I read what Mrs.
Fuentes -- is that how you say it -- said in our -- she was the one, she
doesn't even belong to the church but she thought it was just such a
good idea for the Estates area she went out personally and got all of
these people to sign. I thought that was very admirable because you're
looking out for the people in the area and it doesn't even affect you. I
think that's very nice.
Secondly, with Commissioner Nance, whose district this is in is
very agreeable to it. And so that certainly gives another level of
comfort.
And lastly but not least, that intersection, that's going to be an
intersection just like 951 and 41. It's going to be that busy and you're
never going to be able to handle a residential unit in an intersection
like that.
So you can hear where my vote is going, but I'll wait 'til
Commissioner Nance makes the motion.
CHAIRMAN HENNING: Any questions of staff, petitioner?
(No response.)
CHAIRMAN HENNING: Seeing none, I'll close the public
hearing. Who's first, Commissioner Hiller or Commissioner Nance?
COMMISSIONER NANCE: Commissioner Hiller is going to
make a motion.
COMMISSIONER HILLER: Thank you.
So I make a motion that we approve the church for this location
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for the reasons stated.
CHAIRMAN HENNING: Any Planning Commission
stipulations?
COMMISSIONER HILLER: Were there?
MR. ANDERSON: We're in agreement with all Planning
Commission stipulations.
COMMISSIONER HILLER: With all the Planning Commission
stipulations.
COMMISSIONER NANCE: And I will second it. Thank you.
CHAIRMAN HENNING: Is that with the addition of the road
right-of-way?
MR. ANDERSON: Yes, regarding the reservation. And no
challenge in the con--
COMMISSIONER HILLER: Do we have to make that a part of
it or -- that was part of the record.
MR. KLATZKOW: I think we ought to.
COMMISSIONER HILLER: All right. Then we'll make it with
the road reservation.
COMMISSIONER NANCE: And I amend my second to reflect
that.
CHAIRMAN HENNING: Okay, discussion on the motion?
(No response.)
CHAIRMAN HENNING: Seeing none, all in favor of the
motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
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CHAIRMAN HENNING: Carries unanimously.
COMMISSIONER TAYLOR: Let me explain too, the one
speaker, I voted for it because the Growth Management Amendment
passed. And given the fact that it passed, even though I didn't vote for
it, this was a very good use for this corner.
CHAIRMAN HENNING: Okay.
MR. OCHS: Mr. Chairman, I believe we're on schedule for your
court reporter afternoon break, sir.
CHAIRMAN HENNING: Okay.
MR. OCHS: Ten minutes, sir?
CHAIRMAN HENNING: Ten minutes.
(Recess.)
MR. OCHS: Mr. Chairman, you have a live mic.
Ladies and gentlemen, please take your seats.
CHAIRMAN HENNING: Next item is 11.D?
Item #11D
TO 1) CONSIDER AND ACCEPT THE REPORT AND
PRESENTATION BY AECOM TECHNICAL SERVICES, INC.
REGARDING OIL EXPLORATION/PRODUCTION IN COLLIER
COUNTY; 2) APPROVE RECOMMENDATIONS FOR THE
DEVELOPMENT OF NEW STATE REGULATIONS TO BE
PRESENTED, IN COORDINATION WITH FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, TO THE
LEGISLATIVE DELEGATION. 3) DIRECT COUNTY
ATTORNEY'S OFFICE AND COUNTY MANAGER OR HIS
DESIGNEE TO DEVELOP ZONING CODE CHANGES
INCLUDING, BUT NOT LIMITED TO, A POTENTIAL
CONDITIONAL USE PROCESS FOR OIL EXPLORATION
/PRODUCTION WELLS THAT ARE WITHIN AN IDENTIFIED
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DISTANCE TO RESIDENTIAL AREAS - MOTION TO ACCEPT
AECOM REPORT AND DIRECT THE COUNTY ATTORNEY TO
DEVELOP ZONING CODE CHANGES INCLUDING, BUT NOT
LIMITED TO A POTENTIAL CONDITIONAL USE PROCESS
FOR OIL EXPLORATION /PRODUCTION WELLS —
APPROVED; COUNTY ATTORNEY TO RETURN WITH
EXECUTIVE SUMMARY AND RECOMMENDATIONS TO
ADDRESS EXISTING CONFLICTS WITHIN THE GROWTH
MANAGEMENT PLAN — CONSENSUS; MOTION TO ACCEPT
THE AECOM REPORT AND APPROVE RECOMMENDATIONS
ADDING CLOSER OVERSIGHT BY COLLIER COUNTY THAT
MAY INCLUDE PROPOSALS FOR STRONGER LOCAL
REGULATIONS — APPROVED
MR. OCHS: Yes, sir, it's 11.D. And it's a recommendation for
the Board to consider and accept the report from the Board's consultant
regarding oil exploration and production in Collier County. Also to
consider a series of regulatory and legislative reform proposals that
would proceed in coordination with the Florida Department of
Environmental Protection to the legislature. And finally, to consider
directing staff to begin work on a zoning change that would include a
potential Conditional Use process for oil exploration and production
wells in and around a radius of residential development. And Mr.
Casalanguida will begin the presentation, Commissioners.
MR. CASALANGUIDA: Commissioners, I'll be brief. First I
want to just recognize Danette Kinaszczuk, our lead person on this, the
pollution control project manager. She worked with George Yilmaz's
PUD team, Collier Resources, The Conservancy and FDEP to make
sure we got this together for you in a fairly short order.
Our objective is to follow through with prior Board direction to
bring you an unbiased review of all exploration activities, a risk
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assessment with potential impacts, and a recommendation for the
Board to consider and ultimately for FDEP to consider during their
legislative ruling-making period going into this next session.
The last item is important, the Commissioner clarified, is to work
with FDEP, and we want to present this to FDEP. And if there is a
conflict with them, we will come back and then talk about it with the
Board.
I will now turn over the presentation to Mr. Bennett from
AECOM. Mr. Bennett is a licensed professional geologist. He has 25
years of experience in hydrogeology, groundwater modeling,
geochemistry and geophysics, and his resume is attached and it speaks
for itself.
With that, Mr. Bennett will take the presentation going forward.
MR. BENNETT: Thank you, Nick.
Good afternoon, Board, and thank you very much for the
opportunity to present a summary of AECOM's report that was
submitted for the Board for review and approval.
The outline of the presentation -- the first part of the presentation
will provide information on well completion and stimulation
techniques and some closure practices. The second part focuses on a
high-level risk assessment related to oil and gas exploration and its
potential impact to the county's water resources.
Oil production from the Sunniland trend has been reiterated many
times. It's being produced over the last 70 years. It's produced 100
million barrels of oil. But since 1978 it's been declining. But in the
last two years there's been some renewed interest in the Sunniland. I
mean, some of this may be due to advances in well completion and
stimulation technologies that have been developed over the last 10 to
15 years that can now generate commercial production from the
Sunniland.
The next few slides provide a summary of two types of
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production wells that are used to extract well from the Sunniland. The
vertical production wells are constructed using multiple casing strings
to seal off the water from water-bearing formation and to stabilize the
well as you proceed to the subsurface to your reservoir.
The biggest limitation in the use of the vertical wells are the target
reservoir needs to be directly below where you start your hole. The
second one is the production capacity is limited by the thickness of the
reservoir.
The second type of extraction wells are horizontal production
wells. These types of wells became more common in the 1980's due to
better drilling equipment such as hydraulic motors that are used to
power drilling assemblies, and over the last 10 years there has been a
significant advance in drilling sensors and guidance systems. These
advances allowed horizontal wells to be completed more
economically, which has increased their use.
And as you can see, in 2000 there were a little over 23,000
horizontal wells completed worldwide, with about 11,000 completed in
the U.S. So this is not new technology that we're trying to employ in
South Florida.
The biggest advantage of a horizontal well over a vertical well
that it produces more oil per well because it intercepts a larger
cross-sectional area of the reservoir itself. For example, a vertical well
that is used for production in the lower Sunniland would only transect
50 feet of the reservoir, as compared to the lateral completed by the
Collier-Hogan well, which transected 4,200 feet of the reservoir. So
that's 80 times the cross-sectional area of the reservoir that it
intersected.
So more cross-sectional area, greater production, it's produced
more economically, better gain for the producer.
This part of the presentation provides information on two types of
well stimulation; methods that are used to increase the production from
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oil and gas well. These stimulation methods can be used either in a
vertical or a horizontal well. It really doesn't matter.
The first stimulation method is acid fracking. This method has
been used since the mid 1930's to increase oil production from
primarily carbonate reservoirs which are limestones.
During acid fracking a gelled acid is pumped at high pressure to
create a fracture in the limestone. Then as the acid travels along that
fracture, the acid dissolves the walls of the fracture itself and basically
widens it and increases its length. But over time as the pressure
dissipates and the acid becomes spent or nonreactive with the
limestone, the growth of the fractures stop at that point.
So the benefit of acid fracking increases the permeability of the
carbonate reservoir really in close proximity to the wellbore itself. It's
not trying to extend, you know, 1,000 feet away from the wellbore, it's
actually trying to concentrate its effort to bring more oil into the
wellbore itself.
The second method is hydraulic fracturing which has been used in
the U.S. since 1949 to increase production in oil and gas wells from
what's called conventional reservoirs. These are sandstones that have
been gulf coast type of reservoirs that have been producing oil for the
last 100 years.
But more recently hydraulic fracturing has been used in shell and
coal beds to reduce natural gas from what's called unconventional
reservoirs.
During hydraulic fracturing a mixture of water and chemical
additives are pumped at high pressure to create a fracture. The fluid
pressure creates a fracture, then propping material is installed.
Basically a sand, a ceramic bead or something that's incompressible.
You need to install these propping materials inside the fracture or
the fracture will not stay open once the pressure is reduced.
So again, the hydraulic fracturing can increase the permeability of
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a reservoir by as much as 1,000 times, which allows commercial
production of oil and gas from depleted and unconventional reservoirs.
Before hydraulic fracking operations begin the rock properties
and stresses within a reservoir and overlying silt are determined. This
information is incorporated into computer models to develop and
design the hydraulic fracturing job.
During fracking operations various parameters are monitored to
ensure that the fracture development matches the model stimulation.
And that's shown by the red line and the blue line in the top right-hand
corner which show the bottom hole pressures as compared to the
model stimulation and the actual fill condition. So if you start seeing
something going wrong during your hydraulic fracturing operations,
basically stop, you reevaluate and you move forward in that direction.
The majority of the environmental concerns related to hydraulic
fracking can be addressed by establishing sound regulatory standards.
As The Conservancy mentioned, a full chemical disclosure prior to
implementation, make sure that the design of the wells are constructed
to the proper standards and that the chemicals used during the
flowback material are treated properly at the site.
Once a well is no longer (sic) produces commercial quantities of
oil and gas are found to be a dry hole, it's plugged and abandoned in
accordance to its state standards to isolate the reservoir and to protect
the overlying underground sources of drinking water.
The two former wells shown in -- located near the Collier-Hogan
well were used to show the placement of the cement plugs. The first
one in the black shows how it was plugged and abandoned in 1948 and
through 1953.
The pink shows what the current regulations would require, and
the blue stipple line shows the recommendation that would increase the
cement plug to seal out any of the open hole sections and extend into
the overlying casing material.
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Next there is two types of injection wells that are commonly used
in South Florida to dispose of fluids into the subsurface. And in
Collier County it's about 25 to 2,600 feet in depth. The first type of
wells are Class I wells, which are used to dispose of non-hazardous
waste effluent and are a concentrate.
- The second class of wells are used to dispose of fluids generated
during oil and gas operations. And since the fluids generated by oil
and gas development are not federally regulated, they should be -- and
considered industrial waste, the more stringent Class 1 industrial well
standards should be applied.
The next part of this presentation focuses primarily on the high
level risk assessments of the various hydrogeologic units that overly
the oil-producing horizons in the Sunniland.
The first overlying unit is the sub-floor confining unit, which is
not considered an underground source of drinking water because it
contains water that is five to seven times more saline than seawater.
It's composed of about 8,000 feet of low permeable limestones an
anhydrites that effectively isolate the oil-producing horizons from the
lower floor and aquifer.
The next one is the lower Floridan, which is also not at USDW in
Collier County. It contains formation waters similar in composition to
seawater. The boulder zone serves as the primary injection horizon for
Class 1 and Class 2 wells in South Florida and has the natural ability to
accept large volumes of injective fluid.
A recommendation would be to amend the current plug and
abandonment requirement to effectively isolate the boulder zone, since
it is an active injection horizon.
The upper Floridan is separated by the lower Floridan by the
middle confining unit. It is considered a USDW and it can provide an
alternative water source to the county.
During oil and gas development a minimum of three casings are
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installed through the upper floor to minimize any potential
contamination. It is isolated from surface spills by the overlying
confining unit of the Hawthorne group and is under artesian pressure.
However, the groundwater quality may be affected by legacy oil and
gas wells that do not meet current plugged and abandonment standard.
The recommendation would be to bring these legacy wells in line with
the current standards.
The next one is the intermediate aquifer, which serves as a source
of water for irrigation and private supply, and is also some way asar
systems (phonetic) are completed into the zone within the county.
During exploration long-term production a minimum of three
casings are installed through the intermediate aquifer to minimize any
potential contamination. It is also isolated from surface spills by the
upper confining units of the Hawthorne group and has an upward flow
component so you're not going to be -- you're going to be pushing up
and you're not going to allow any contamination from the surface to
seep down into that particular aquifer system.
The last is the surficial, which is the primary source of potable
water within the county. During oil and gas production the surficial
aquifer is -- we've got one -- the surficial aquifer is protected by four or
five protective casings, but is more susceptible to contamination as a
result of surface spills. Similar to Class 1 wells, four shallow monitor
wells should be installed to determine if there's impact to water quality
during oil and gas production.
In addition, stricter secondary confinement -- containment
requirements should further reduce the risk of contamination during
on-site storage.
At the Hogan Island -- or the Collier-Hogan site the overlying
aquifer systems are protected by multiple casings and cement isolating
during drilling, testing and long-term production.
There is 8,000 feet of low permeable sediments that isolate the oil
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production zones from the base of the lower Floridan aquifer and
overlying sources of drinking water.
So what's the potential effect if the lower Sunniland formation
was actually hydraulically fractured? What you would get is
movement of the hydraulic fracking fluid, eliminating within a certain
radial distance from the well. It's 4,200 feet long. The purpose of it is
to create the fractures near the wellbore but not necessarily extend into
the overlying seal or overlying formations. You would have to pump
up the well significantly to produce fractures into the sub-floor and
aquifer.
The second component would be you would have to have
multiple failures of the casing strings and go unnoticed, so during
hydraulic fracturing you are monitoring various components of the
well while you are basically injecting the hydraulic fracking material
and the propping material.
The last item is if you consider that you have the plugged and
abandoned well number 86 adjacent to it, you would have to overcome
250 feet cement plug at the base of the reservoir, you would have to
overcome the fluid pressure of the mud that's sitting on top of it, and
then you would have to overcome this cement sitting on top of that
prior to entering the boulder zone.
And if you did overcome those constraints, you have the high
permeability of the boulder zone that would ultimately diffuse any
upward flow of material that would enter into the lower Floridan
aquifer and would limit any potential further migration into the
underground sources of drinking water.
That concludes my presentation.
CHAIRMAN HENNING: Questions by the Board?
(No response.)
CHAIRMAN HENNING: Let's go to public speakers.
MR. MILLER: Mr. Chairman, we have 11 registered public
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speakers on this item. I'm going to call two names. We'd like you to
speak at both podiums, please.
Your first speaker is Marcia Cravens. She'll be followed by
Marlaine Rieck.
CHAIRMAN HENNING: You're supposed to introduce speaker
slips prior to the item coming on the agenda.
MS. CRAVENS: Good afternoon, Commissioners, and thank
you for the opportunity to speak on this item, which is important to
many of our residents and visitors.
For the record, as chair and leader of Sierra Club Calusa Group
I'm representing regional State of Florida chapter and National Sierra
Club interest to move beyond dependence on fossil fuels. On that
basis I am speaking as one voice for all members.
On this agenda item we support The Conservancy's
recommendations earlier in the day that permitting of unconventional
drilling should be suspended until after more effective oil and gas
legislation is adopted, because existing Florida law does not
adequately address unconventional extraction methods.
And I must state that the most notable thing about the report that
was just given is what it does not inform you of. So some of the items
that it does not very thoroughly cover include the use of the -- the
massive use of water withdrawal in the action of fracking, and also the
disposal of massive amounts of toxic wastewater from fracking
activity. It addressed it only slightly by mentioning the toxic
chemicals, but not the massive amounts of water that is involved.
I just want to go on to say we reject supposition that fracking or
fracking-like activity is regulated by a single reference to fracking as
work-over activity when such activity is not otherwise allowed in
Florida statutes for oil and gas exploration production, and that such
loss should be clarified that invasive techniques to stimulate oil and
gas wells, including fracking techniques, are not allowed as work-over
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activities, because such techniques are not otherwise allowed or
described in Florida law as being allowed methodologies for
exploration and production of oil.
Additionally, Sierra Club formally requests that public workshops
be included in the process of developing new rules to regulate fracking
or fracking-like methods of oil and gas exploration and production to
ensure opportunities for interested and effected persons and
non-government organizations to participate in the rule-making
process. Thank you.
MR. MILLER: Your next speaker is Marlaine Rieck. She'll be
followed by Bruce Anderson.
MS. RIECK: Hi, I'm Marlaine Rieck.
MR. MILLER: My apologies.
MS. RIECK: That's okay.
It seems to me that injecting chemicals into the ground, whatever
you call it, work-over, fracking, whatever, injecting toxic chemicals
into the ground below us is very hazardous to our drinking water
supplies.
The ground in Florida, the limestone, the most solid part probably
is porous. We have sand, we have boulder zones, we have various
sizes of rocks, we've got, you know, lots of water below us. It just
doesn't make sense. We depend on our water. Life depends on our
water. Why take a chance?
The horizontal wells, well, they may save in terms of going down.
Sounds great. But the farther you go, the longer you go out, the more
potential for leaks of whatever's in there, whether it's the gas and oil
coming out or something we've put in, that's just that much more
hazard.
I'm basically against anything fracturing the ground. With the
pressure -- for starters, fracturing the ground that we build our houses
on, that we stand on, we drive our -- you know, our roads are on, we
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drive on it, we have so much water below us. We have a record lots of
sink holes in Florida. It just doesn't make sense. I'd prefer to have
solid ground under me instead of something that was artificially
broken up. And at one point maybe it's going to give way, maybe it
won't, but why push our luck? And then to fracture using toxic
chemicals? Not a good idea.
I do support the recommendations presented by The
Conservancy. And, you know, the more stringent our rules and
regulations are governing the oil drilling the better off we are in the
long run. The oil is a temporary monetary issue. Our drinking water
and our clean air is a forever issue.
And again, the more stringent rules the better. Personally I would
like to see laws totally banning fracking by whatever terms you want
to use. I'm very cautious with the oil drilling. Thank you.
MR. MILLER: Your next speaker is Bruce Anderson. He'll be
followed by Don Loritz.
MR. ANDERSON: Good afternoon, Commissioners. My name
is Bruce Anderson. I'm here on behalf of Collier Resources. I have a
short statement to read and then a request.
We appreciate the time and effort that AECOM has spent in
developing this report. As stated in a previous letter to Mr. Ochs, we
believe there are a number of areas of agreement in the legislative
recommendations. Additionally, there are some points raised in the
report that we don't understand the basis for.
This was a highly technical presentation, and although we
received a copy from staff last week, we do not think it was
appropriate to critique the report without the benefit of it being
formally presented to the Board today.
We would respectfully ask the Board to consider one of the
following two requests from Collier Resources: The first one, the
Board not formally accept the report until the staff convenes a
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technical meeting, similar to the meeting that Collier Resources
convened after their groundwater modeling presentation to the Board.
This would allow the parties to engage in a discussion with AECOM.
Or in the alternative we would request that you accept the report
with the stipulation that a technical meeting will be convened prior to a
final report from AECOM to better define the data supporting the
report. Thank you.
MR. MILLER: Your next speaker is Don Loritz. He'll be
followed by Patty Whitehead.
MR. LORITZ: For the record, my name is Don Loritz, I'm the
vice president of Preserve Our Paradise.
We commend the Board on the past prompt action you've taken to
rectify matters at the Orange Tree well.
With reference to the AECOM report I'd like to submit a written
comment. To it we attach the position of the Florida Medical
Association adopted by resolution in July at the request of the Medical
Association, appended at their request. We also append the physician's
statement of Physicians For Social Responsibility, a Nobel Prize
winning organization. That is appended to our comments at the
request of Lynn Ringenberg, president elect of that organization.
The AECOM reports specific recommendations for regulatory
changes are unexceptionable in the sense that they all should have been
adopted back in 1980. The problem is things have changed since 1980
and we find the report basically unresponsive to present realities.
The claim that the benefits to the Florida economy derived from
oil production amount to some $23 billion doesn't seem to square with
the net production of oil in Florida. Two million barrels last year at
$100 per barrel is $200 million in gross wellhead revenues. Of that
only 25 percent stays in the state as the result of taxes or leaseholder
royalties. 75 percent goes out of state and the residents of Florida have
to buy it from out-of-state refineries. It seems inconceivable to us that
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the 50 million that remains in state can somehow amount to a $23
billion asset to the state economy.
More serious perhaps are the minimizing of hazards for Collier
County contained in the AECOM report. It relies upon the finding
from EPA in 1978 that oil and crude oil wastewaters are nonhazardous
wastewaters.
It turns out back in 1978 the government did not know that
cigarettes caused cancer. And the components of cigarettes that causes
cancer is benzene, the same hazardous chemical that is found in these
wastewaters.
The EPA was forbidden by Congress to evaluate the contents of
those wastewaters. But from European studies we've learned that the
median concentration of benzene in these wastewaters is 500,000 parts
per billion. That's 100,000 times the U.S. EPA's own limit.
Last year in South Florida some 750,000 barrels of oil were
produced. In South Florida, for every barrel produced that way there
are 20 barrels of wastewater.
To use Mr. Bennett's own just presented multiplier of an 80-fold
increase means that next year, or as soon as this increase takes place,
there will be some 2.5 billion gallons of this toxic wastewater that
exceeds federal EPA standards for drinking water by a factor of
100,000 will be injected just below our drinking water aquifer.
This really needs much further study before the simplistic
regulatory recommendations advocated by AECOM are adopted by the
Board of Commissioners. Thank you for your attention.
MR. MILLER: Your next speaker is Patty Whitehead. She'll be
followed by Dona Knapp.
MS. WHITEHEAD: Good afternoon, Commissioners. I'm
speaking on behalf of the Responsible Growth Management Coalition
of Southwest Florida.
Our concern is -- well, basically I'm going to make three
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statements. Pretty succinct, pretty clear, pretty logical.
Any time you make an attempted change or strength in laws and
regulations that already permit an activity, industry generally finds a
way to negotiate a way to a place where they can get back to business
as usual. In other words, they're not necessarily going to be dissuaded
from pursuing widespread fracking in Florida just because an attempt
is made to build regulatory roadblocks.
Number two, fracking will necessitate the installation of more
Class 2 injection wells, which according to AECOM can be converted.
Well, you know, through some magic they'll go to Class 1 wells. But
Class 1 wells are just as equally problematical. And I could submit a
separate report on that that was prepared by the South Florida Water
Management District. I'm not going to take the time to go into the
technical details of that report.
With the reports of aquifer contamination from enhanced oil and
gas recovery flowback disposal wells that had been coming in from
other states, most recently California --
THE COURT REPORTER: Please slow down.
MS. WHITEHEAD: I'm sorry.
-- most recently California, I truly believe creating more of these
disposal wells will be the death of our aquifer system.
Number three: As Edward Glab, who's a professor at Florida
International University, he's in charge of a program I think under their
business department that has to do with energy and oil recovery and so
forth. He's also a former Exxon Mobil Public Affairs Director. He has
stated, when it comes to more fracking in Florida, the juice is just not
worth the squeeze. And what he means by that is there's just not
enough petro resources to risk draining down our aquifer, depleting our
aquifer and ruining our freshwater resources, not to mention the impact
on industrialization to rural communities, lands and wildlife.
So logically based on 1, 2, and 3, the answer is we need an
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outright ban of fracking in Florida. We just don't need to expand this
activity in our Everglades. Thank you.
MR. MILLER: Your next speaker is Dona Knapp. She'll be
followed by Nicole Johnson.
MS. KNAPP: Good afternoon, Commissioners. My name is
Dona Knapp. I am a former shrimp boat captain before BP spill, and I
now run a small vacation rental business in Naples.
And I'd like to extend a welcome to our new commissioner,
Penny Taylor. It's great to see a new face, and especially a woman.
One percent of drinking water is all we have left on the whole of
Mother Earth. Water being the source of all life. Without it we die.
And with this -- all this grabbing after oil, I just don't see the sense of
it. You know, you do the mathematics. We have so many more
tourists coming to Florida, we've got people that are seeking second
homes. It's -- you know, we're going to be using more water here.
And there's nationwide droughts everywhere. California has droughts.
Towns in Texas have been closed down because of droughts. And to
waste water that can never be used again on fracking does not make
any sense to me.
My second concern is this company AECOM. They don't have a
very good track record, as far as I can see. They were hired by BP to
clean up the spill, and were actually given an award in 2012 by BP for
their successful cleanup and safety of the Deep Water Horizon Oil.
Which as you know, a tar mat the size of Rhode Island has recently
been found underneath the Gulf of Mexico.
So I don't think that they're a very successful company in
overseeing oil exploration in Florida. And I doubt that they have good
credibility.
And that's basically all I'd like to say on this matter.
And also they have dealings with the River of Grass Greenway
project, which is a proposed 16-foot wide bike path to -- 75 miles long
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to go across the Everglades, which would have lighting, which would
then need maintenance and which would then disturb what we have
left of our wildlife, which would also disturb the tribal peoples that
depend on that land out there, it would go through their burial grounds,
through their ceremonial grounds. And I think we should show a little
bit more respect to indigenous brothers and sisters that live out there
without just going barreling through their land without asking, with no
questions, and then digging up their ancestors' remains to put in a
museum.
CHAIRMAN HENNING: Can you stick to the topic, please.
MS. KNAPP: This is part of the topic as far as --
CHAIRMAN HENNING: It is not.
MS. KNAPP: -- I'm concerned.
CHAIRMAN HENNING: It is not.
MS. KNAPP: This company --
CHAIRMAN HENNING: Your time is up.
MS. KNAPP: -- AECOM does not belong in our town.
CHAIRMAN HENNING: Please step away from the podium.
MS. KNAPP: Thank you for your time, Commissioners.
MR. MILLER: Your next speaker is Nicole Johnson. She'll be
followed by Brad Cornell.
CHAIRMAN HENNING: This item is about future legislation to
be given to DEP for legislators to consider. It's nothing else, okay?
You'll be asked to step away from the mic if you want to talk about
other items. That is what public comment is about. It's not about
talking on items that have nothing to do with this item.
MR. MILLER: Ms. Johnson?
MS. JOHNSON: Good afternoon. For the record, Nicole
Johnson, here on behalf of The Conservancy of Southwest Florida.
And the item that's before you today actually has three separate
but related components. And you haven't talked about that third
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component, but that's what I want to speak on, your staffs
recommendation for some direction from you to go out to look at some
zoning code changes, including the Conditional Use process for the oil
exploration and production wells which The Conservancy believes is a
very important step forward.
However, your staff has suggested that their exploration be
limited to a certain area within X number of feet of residential areas.
And The Conservancy believes that really you need to look at a
process countywide. There's a very big distinction here.
Certainly there are a lot of surface issues with oil wells that are
close to residential areas. You have traffic, noise, fire hazards, odor,
those sorts of things. But also there are a lot of issues that you can't
capture if you simply look at a certain buffer perimeter around
residential areas, those subsurface issues. Our surficial aquifer, our
groundwater, that is below surface. And that is something that extends
over a wide area of the county. Therefore, the Conservancy believes
that you really do need to have that larger net, if you will, to go out and
to look at what processes are appropriate countywide.
Why now? And The Conservancy believes that there are three
important points on that. The current Land Development Code doesn't
really have a lot of process for the county to get involved in review and
approval of exploratory or production wells. That may have worked in
the past but now that we have new and extreme extraction techniques,
the county really needs to get involved, especially when we're dealing
with our precious groundwater resources. You need to have a role in
review and approval of that.
The second issue is with these new extreme extraction techniques,
there could very well be much more oil activity in Southwest Florida.
So we need to be prepared and have that county process in place.
And the third reason is I think that we've all learned from the
fracking like experience that happened at the Hogan well site that
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Collier County needs to know about these procedures, you need to
know in advance, you need to be able to review, and the public needs
to provide comment on that. The Conditional Use process looks at
compatibility and consistency, which is why The Conservancy
believes this is the right process. Our neighbors to the north, Lee
County, they have a special exception process; they're equivalent to a
Conditional Use. They've had that in place for many years.
So we ask that your direction include not just exploration of
zoning changes and potentially Conditional Use process for X number
of feet from residential areas but that it be explored countywide.
Thank you.
MR. MILLER: Your next speaker is Brad Cornell. He'll be
followed by Dr. Karen Dwyer.
MR. CORNELL: Good afternoon, Commissioners. I'm Brad
Cornell and I'm here on behalf of Audubon of the Western Everglades.
That's the relatively new name for Collier County Audubon Society.
And I'd like to extend our welcome and congratulations to
Commissioner Taylor on her new seat on this august board. So it's
good to see all five of you up there.
Thank you for this opportunity to address this issue. We're very
appreciative and support both yours and The Conservancy's efforts to
work to identify needed oversight and improved legislation and
regulations, and the serious concerns, what the issues are about oil and
gas drilling and fracking on our homes and our water and our habitat in
Southwest Florida.
Audubon of the Western Everglades shares these serious
concerns. The Collier-Hogan well was very near Audubon's
Corkscrew Swamp Sanctuary.
We agree that it should be a top priority for our legislative
delegation and in working with DEP using good science. We need
proactive legislation in Tallahassee that requires -- and that requires a
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suspension of permitting now until we have that new legislation and
the implementing regulations that go with them.
Also I agree with The Conservancy and Nicole Johnson's
comments just recently that the county could take a much broader role
through the conditioned (sic) use process, particularly recognizing that
aquifers are one of our most important resources and they don't abide
by short distance setbacks.
And finally, the last point I want to make on this issue is that in
addition to working for better oversight and regulations of the oil and
gas industry, we also must prioritize better energy policy in the State of
Florida and in our whole nation, maximizing renewable sources of--
CHAIRMAN HENNING: Does that have anything to do with
the proposed language?
MR. CORNELL: Yeah, the whole reason we're trying to
maximize oil and gas exploration and production is because we're not
investing enough in renewable energy, solar and wind. If you --
CHAIRMAN HENNING: This is about regulating oil wells.
MR. CORNELL: Well, we have a problem because there's been
an increase in oil and gas production and exploration --
CHAIRMAN HENNING: Mr. Cornell, stick to the topic, please.
MR. CORNELL: With all due respect, Commissioner, I think
this is right on topic. We're talking about energy exploration and
extraction and the rules and policies that govern that whole realm of
impacts on society. Is that not the topic?
CHAIRMAN HENNING: We're not talking about solar energy.
MR. CORNELL: Well, if--
UNIDENTIFIED MEMBER OF THE AUDIENCE: You should
be.
MR. CORNELL: -- we had solar energy and wind we would use
less fossil fuel. That was my only point. And I'm sorry that's not
connecting. But that was my point. And I think that's something that
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we need to demand in order to minimize the amount of conflict and
risk that we all have to endure in the fossil fuels. So thanks very much.
MR. MILLER: Your next speaker is Dr. Karen Dwyer. She'll be
followed by Dr. John Dwyer.
DR. KAREN DWYER: We're delighted you're working
collaboratively with the DEP, legislative delegation and technical
experts like AECOM and The Conservancy to secure stronger oil and
gas regulations. It's important to safeguard our community by making
your recommendations as comprehensive as possible by including both
AECOM's and The Conservancy's recommendations. Because oil
drilling, as we know from the Collier-Hogan well and the Golden Gate
drill site, can at any time turn into extreme extraction, including well
stimulation and fracking.
We recommend a suspension on all new drilling until we have
regulations in place that, one, ban extreme extraction. Because no
amount of regulation will ever make it safe to use large quantities of
chemicals, water, pressure and sand to fracture open our highly porous
and fragile limestone geology, a geology that sources our drinking
water, not only the oil.
Two: We recommend a one-mile buffer zone from drill site to
family home so that no one has to live in an emergency evacuation
zone. A buffer zone would protect the safety of citizens, as well as the
rights of mineral holders and drillers.
Three: We recommend securing DEP real enforcement powers
so they can deny hazardous work-over procedures in advance in an
inappropriate area, such as our watersheds and headwaters like the
Hogan well site. And they can also make a cease and desist order stick
and stop that violation immediately.
Four: We recommend penalties such as increased fines and
bonds strong enough to effectively deter violations in the first place.
We personally would like to see all new Everglades oil drilling
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banned. And by Everglades, we do mean the greater Everglades and
the Everglades restoration project areas.
But the first step is to ban extreme extraction and irresponsible
drilling. What we need is transparency, oversight, accountability and
public safety. We need The Conservancy's and AECOM's
recommendations in local conditional land use laws that I'm really
looking forward to hearing about. Because I know someone was going
to present about that, how you can have local -- take local action in
terms of conditional land use laws to either ban extreme extraction or
limit the techniques that can be used so near homes, maybe even a
buffer zone on a local level.
Anyhow, I'd really appreciate you all looking into that. And I
think I've covered all the bases here. And I really hope that we can
take a collaborative approach to this and work together to get stronger
enforcement both on the state and local level. Thank you very much.
MR. MILLER: Your next speaker is Dr. John Dwyer. Followed
by Jennifer Hecker.
DR. JOHN DWYER: I'd like to begin by thanking you for the
successful consideration that we have had so far on the Collier-Hogan
well and especially with our friends Jaime and Pam. I feel like the
cooperation that you exhibited during that time was very important.
Right now when we're trying to consider what recommendations
to make to the DEP and to the legislative committee, it's extremely
important for us to take advantage of this time and really specify what
it is that we want. Now, they're not going to give us everything we
want, we know that. They're going to strip it. But that doesn't mean we
can't ask for it. It's very significantly important to do this now.
What have we learned from the Collier-Hogan well? First of all,
the information part of this morning's presentation given by The
Conservancy - Information. It was a secret for a whole year before
anybody even knew that the Collier-Hogan well was being drilled right
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smack in the middle, in the middle of Corkscrew Swamp. Information
needs to be done and publicized in our local paper and television
resources so that the community knows where these sites are, what's
going to happen and what the dangers are. So the information leg I
think is the first important thing that we should learn from the
Collier-Hogan well.
The second thing is I think enforcement. The DEP really is
powerless right now, totally powerless to exert enforcement force.
They saw the violation and they couldn't call the police, they couldn't
call anybody to say stop doing what you're doing, because they have
no enforcement power. So a very basic and important
recommendation is to make them powerful in enforcement. They have
to be able to, when they see a company doing something wrong, make
it stop. Even if they have to call the Sheriffs Department to get it
done.
It's important to have access to the site. That's another significant
thing about the Collier-Hogan well. Oh, the DEP comes down and
they're not even allowed on the site? That's crazy. And we need to
emphasize how stupid it is for us to turn over the responsibility for
oversight to an organization that doesn't even have a right to come on
site.
The third leg of that thing was accountability and the fourth was
public safety, and we've already been down that road a lot.
I have one problem. I totally support The Conservancy but I have
one problem with AECOM --
CHAIRMAN HENNING: Thank you.
MR. MILLER: Your next speaker --
CHAIRMAN HENNING: That's not on the agenda.
Go ahead.
MR. MILLER: Your next speaker is Jennifer Hecker. She'll be
followed by Ralf Brookes.
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MS. HECKER: Jennifer Hecker on behalf of The Conservancy
of Southwest Florida.
CHAIRMAN HENNING: Excuse me, before you start.
Did Mr. Brookes hand in his speaker slip after this started?
MR. BROOKES: I'll be less than one minute.
MR. MILLER: You saw what he did, it was after we started.
CHAIRMAN HENNING: Well, the rules are -- Mr. Brookes was
here all day today, by the way. Our rules are it has to be handed in
prior to the item being announced.
MR. MILLER: That's your discretion, sir, yes.
CHAIRMAN HENNING: Well, that's the Board's rules.
MR. BROOKES: I was not familiar with the rule. I did not know
the rule.
CHAIRMAN HENNING: You remember that.
MR. MILLER: Yes, sir. Thank you.
CHAIRMAN HENNING: Go ahead.
MS. HECKER: The Conservancy of Southwest Florida supports
the county's efforts to incorporate oil extraction issues into its 2015
state legislative priorities. While fracking-like techniques have been
used elsewhere in the United States, as you are aware DEP has said
repeatedly that they have never been done prior to the Hogan incident
here in Florida. Therefore it is a new unproven technology in our
unique geology here in Florida.
We've reviewed the recommendations proposed to the county by
AECOM and found that The Conservancy's recommendations
expound and compliment them. In no instance do they conflict. Some
of AECOM's recommendations actually require The Conservancy's
recommendations. An example of this is the inspector's stop order.
An inspector can't stop if they don't have access or they don't have the
authority to deny that ongoing operation. So these work together.
The Conservancy also would like to be proactive though in
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stopping unsafe projects before they're built, before they're even
permitted, by giving DEP the information it needs to properly review
permit applications and to deny any that they feel are unsafe.
So I think that it's very important to address things reactively in a
more timely efficient manner in the future, but also to be more
proactive in hopefully preventing such problems.
The Conservancy should be effectively -- our recommendation --
to be effectively added to the county's priorities to present a
comprehensive set of recommendations to the DEP and statement
legislators. We have already provided these to DEP; we know that
DEP is reviewing them. DEP has of course committed itself to
working with Collier County to address its concerns, which is why we
are coming to you to ask for your support for our recommendations as
a public organization in this community who wants the same things
you do, to protect the public health and safety, the environment and
our water supplies.
The Conservancy supports AECOM's recommendations,
especially on well construction and operations standards being
heightened, as well as increasing operator and driller accountability
through additional bonds, improving public safety by requiring
disclosure of drilling and well simulation fluids, properly plugging and
abandoning old nearby boreholes and increasing enforcement by
requiring DEP inspectors with authority to stop work.
We would ask that you also consider that our recommendations
provide needed specificity to these but other critical components that
are not being addressed in AECOM's recommendations, such as
information sharing, operator and driller accountability, improved
public safety and increased enforcement.
The Conservancy urges the Commissioners to accept our
recommendations in addition to those in AECOM's report because they
complement, expand and clarify those, and help provide a
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comprehensive set of recommendations to our state legislature to
update oil and gas regulations in Florida. Thank you.
CHAIRMAN HENNING: That was the last speaker.
MR. BROOKES: Thank you very much, Commissioner.
What a jerk.
CHAIRMAN HENNING: The Conservancy has their own
stipulated agreement with DEP and they have submitted this. This is
the Board of Commissioners' recommendation to DEP. That is what
we've got to consider.
Jeff, am I right? You were very much involved in this whole
issue.
MR. KLATZKOW: We have an agreement with DEP.
CHAIRMAN HENNING: Yeah.
MR. KLATZKOW: That's the controlling document.
CHAIRMAN HENNING: Right. And we directed the County
Manager to hire an expert to look at factual scientific information to
assist us to make recommendations to DEP.
So Commissioner Hiller, Commissioner Nance?
COMMISSIONER HILLER: Thank you. Thank you very much.
We have before us on our agenda four recommendations that staff
has asked us to approve. And I would like to address them, but I
would like to address them in a different sequence than the manner in
which they are presented.
The first one -- and I say four because one is really divided
potentially in two. I'd like to start with number three which is for staff
to direct the County Attorney's Office and County Manager or his
designee to develop zoning code changes including but not limited to a
potential Conditional Use process for oil exploration, production wells
that are within an identified distance to residential areas.
So I would like to make a first motion and that would be that we
would direct the County Attorney's Office and County Manager or his
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designee to develop zoning code changes including but not limited to a
potential Conditional Use process for oil exploration, production wells,
and just stop at that and not include within an identified distance to
residential areas. I think we have to consider the county as a whole.
So that would be my first motion.
COMMISSIONER TAYLOR: I'd like to second that motion.
COMMISSIONER HILLER: Thank you.
CHAIRMAN HENNING: There's a motion and a second on the
floor. 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 TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
COMMISSIONER HILLER: The second motion that I would
like to consider that we make is that we should impose a temporary
moratorium on fracking and fracking-like drilling pending approval of
regulation that protects the public's interest at the state level during this
legislative session. I think that the end of this moratorium should be
clearly defined as the end of the -- you know, between now and the end
of the legislative session.
CHAIRMAN HENNING: We can't have moratoriums. The
Board can't create moratoriums and that, because we regulate it now.
COMMISSIONER HILLER: Well, let me ask that question. Do
we have -- and that is something that I wanted to address. Do we have
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the -- and this is something that we talked about before. Do we have
the ability to in any way limit the type of drilling? We can't limit
drilling, and we can -- you know, we know that there is conventional
drilling that's taking place now and has been taking place with no harm
to the environment. The issue is is whether or not we can have -- can
we impose a local restriction on fracking and fracking-like drilling?
And Commissioner Henning, if the County Attorney says we
can't, then that should be on the record so the community understands
that if we could we would but if we can't, obviously we won't.
Can you legally advise us?
MR. KLATZKOW: You're asking if the nuclear option is what
you're asking.
COMMISSIONER HILLER: Well, we'd like to put you in the
ejector seat.
MR. KLATZKOW: No, now look, a couple of issues. One,
we've agreed to work with DEP, okay. And my understanding is
they're not issuing any permits. You have a de facto moratorium in
Collier County.
COMMISSIONER HILLER: On all drilling?
MR. KLATZKOW: On all oil drilling, as we speak.
COMMISSIONER HILLER: All right.
MR. KLATZKOW: There's no need to take action.
COMMISSIONER HILLER: All right. So in that case, if that's
the case then it's understood that there is a de facto moratorium and
there's no motion by this Board that's necessary.
CHAIRMAN HENNING: Tell her about the Growth
Management Plan.
MR. KLATZKOW: You have certain problems with the
moratorium, including growth management. And for reasons which
escape me, we've prohibited ourselves from regulating the oil industry
for environmental purposes. That's problematic. We can rescind that,
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but until you do that, that's problematic.
COMMISSIONER HILLER: Could you evaluate that in the
context of the first motion?
MR. KLATZKOW: That's not an environmental issue. A
Conditional Use is different.
COMMISSIONER HILLER: I understand, but can you in the
process of evaluating the Conditional Use question look at this other
issue as well?
MR. KLATZKOW: Yes, I'd be happy to.
COMMISSIONER HILLER: And advise us?
MR. KLATZKOW: My advice is that you get rid of that
provision, all right? But I can come back in an executive summary and
COMMISSIONER HILLER: Explain why.
MR. KLATZKOW: -- explain why.
COMMISSIONER HILLER: That would be beneficial.
Would the Board accept the County Attorney coming back just by
way of consensus that he give us an opinion on that?
CHAIRMAN HENNING: Yeah, you can't reconsider a motion
unless --
COMMISSIONER HILLER: No, it's not a reconsideration of a
motion. The motion was already made and approved. That's why I'm
asking for a separate consideration of what the County Attorney has
proposed, which is to give us information so by way -- a second act of
this Board would be to agree by consensus to allow him to come back
to us with an executive summary addressing that issue.
CHAIRMAN HENNING: The first statement was to add it on a
previous --
COMMISSIONER HILLER: I changed that.
CHAIRMAN HENNING: You changed that?
COMMISSIONER HILLER: I did.
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CHAIRMAN HENNING: Okay. Now I understand.
COMMISSIONER HILLER: Good.
So can we ask for board consensus on allowing the County
Attorney to come back on that point?
CHAIRMAN HENNING: Is there any direction on directing the
County Attorney --
COMMISSIONER TAYLOR: Specifics?
COMMISSIONER HILLER: On the issue that he has just raised,
which is the Growth Management Plan.
COMMISSIONER TAYLOR: No, I support that.
COMMISSIONER HILLER: Okay. So we have consensus on
that, Commissioner Henning?
CHAIRMAN HENNING: Yeah, you have the majority.
COMMISSIONER HILLER: Okay. Then the next issue is the
issue with respect to recommendations for the development of new
state regulations to be presented in coordination with FDEP to the
legislative delegation.
Commissioner Henning, I think you're correct. I mean, The
Conservancy is already directly dealing with DEP. We are separately
dealing with DEP. The Conservancy has made some very good
recommendations, but we need to come up with our own. Now what I
would suggest is that The Conservancy can certainly tell the legislature
and tell DEP to consider incorporating their recommendations as part
of ours, you know, in working with us. But we really need to look at
everything from a total perspective, not just from Conservancy's
perspective. So there could be overlap. But I don't think that we
should necessarily bind ourselves to say that what they're incorporating
is what we will incorporate. It may so happen that we will incorporate
everything they're suggesting, but it also could be that we may just do
it in part.
So I think we should leave ourselves open and allow staff to
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develop the recommendations with DEP and bring them back to us,
you know, for our approval. And then this is an ongoing process.
We'll be changing our mind as we get new information throughout the
legislative session, and we'll continue lobbying to refine the laws to the
best of our ability to get the most we can for the public's benefit.
CHAIRMAN HENNING: Well, going back to the stipulations is
we're going to work with the agency to develop new regulations.
COMMISSIONER HILLER: Right.
CHAIRMAN HENNING: So I don't -- I haven't seen DEP's
proposed regulations.
COMMISSIONER HILLER: No.
CHAIRMAN HENNING: So again, the item, going back to my
memo, the only we could do is if anything is send our comments, our
proposed language to DEP and start that process of working with --
hopefully The Conservancy will be working with the agency and --
COMMISSIONER HILLER: And everybody should be working
together. I mean, it's all parties.
CHAIRMAN HENNING: So they're going to bring back
language that we need to see again.
COMMISSIONER HILLER: Right. And that's exactly correct.
So to that end I would make a motion that we direct staff to
develop recommendations for new state regulations to be presented in
coordination with FDEP.
CHAIRMAN HENNING: We just got a presentation on that.
You want to have them send the comments, what was presented to us,
to DEP?
COMMISSIONER HILLER: Yes, except with one exception. I
think we need -- the recommendation by Collier Resources, that we
have a technical briefing and allow the community to interact with
AECOM and give feedback, and for AECOM maybe to refine and
develop those recommendations based on that feedback I think is very
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important. I don't think you can just present what you've presented to
us today without consultation with Collier Resources, without
consultation with The Conservancy. I think -- and, you know, these
other groups here. I think -- and you should have some forum, in my
suggestion, so you don't get overwhelmed, like have some formal
mechanism where these people can give you input and maybe have
one meeting to discuss it and then formalize your recommendations.
But I think to not involve these people somehow and allow them the
opportunity to provide input is as -- you know, since they're either the
drillers or environmentalists would not be a good idea.
COMMISSIONER NANCE: I think there's an easy fix for this.
CHAIRMAN HENNING: I object to that, because again, we're
supposed to be working with the agency. And so is the landowner.
The landowner's going to do the same thing. They're going to submit
their objections, comments and --
COMMISSIONER HILLER: And that's another approach. I
mean, we can take the approach that everybody just submits their own
and let it all fall into a pot and let the lawmakers pick what they think
is best at this time. That's another approach. And I don't have an
objection to that if that's, you know, the preference of the Board. But I
do like the idea of the technical input.
MR. KLATZKOW: The approach is set forth in your agreement.
COMMISSIONER HILLER: What is it?
MR. KLATZKOW: DEP is lead agency. They're going to be
working with us to develop regulations. They've also agreed to work
with The Conservancy, the landowners, Collier Resources and any
other interested party.
COMMISSIONER HILLER: But do they have separate -- to
understand, just for the record, do they have separate agreements with
each of these -- you know, either entities or agencies to work with
them?
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MR. KLATZKOW: The only agreement I'm aware of is their
agreement with The Conservancy. I have no idea if they have
agreements with anybody else. But in our agreement with DEP they've
committed to work with all the stakeholders.
CHAIRMAN HENNING: Right.
COMMISSIONER HILLER: So --
CHAIRMAN HENNING: Commissioner Nance? We're going to
move on to other Commissioners, and we'll come back to you.
COMMISSIONER NANCE: Let me try to put this in perspective
and see if we have common ground here. I want to review also for the
public and for the people viewing two significant things I just want to
go over really simply what our stipulated agreement says.
Because what it does is it enables all stakeholders. Our stipulated
agreement actually is a catchall that helps all stakeholders. This is
what it says: The stipulation -- and I'm going to not read it in its
entirety, but it says that the department, meaning DEP, will seek
additional legislative authority to further strengthen our existing oil
program regulations. This will include updating the current statutes to
address new technologies and include greater protections. The
Department commits to work collaborative with the county to address
its concerns as the legislative process moves forward.
In another paragraph it says, legislative and regulatory actions,
FDEP agrees it will actively seek out, engage and work with all of the
stakeholders in Collier County with respect to proposed legislative and
regulatory changes, including but not limited to Collier County, the
Collier County Water/Sewer District, The Conservancy, Collier
Resources Company, as well as other affected landowners. Now --
COMMISSIONER HILLER: So it's really FDEP.
COMMISSIONER NANCE: Excuse me, ma'am, just let me talk
for a moment.
In our legislative priorities, which we separately approved, we
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said -- we requested that the legislative delegation support legislation
that improves and strengthens state rules and regulations governing oil
well drilling activities. The BCC has entered into a formal agreement
with the Florida Department of Environmental Protection to jointly
develop and support regulatory reforms.
Each of the stakeholder -- each of the stakeholders individually in
my view should submit their recommendations to FDEP as the lead
agency, which has rightfully been pointed out by the County Attorney.
The agency furthermore, I'm quite certain, has its own ideas on where
it lacks authority in all these areas that we've been talking about. And
The Conservancy has done an excellent job, I'm sure Collier Resources
has a similar list. The public is invited to participate. They are
stakeholders as well. Everyone should address what regulatory
reforms are needed.
The AECOM report today -- I would encourage you to read all
the backup material. At the end of it it contains seven construction
standard recommendations and 11 oversight recommendations and
standard improvements.
These are very, very defined and specific recommendations that
were not able to be presented in the 10-minute presentation.
I would recommend that we convey our construction standards
and oversight standards as recommended by AECOM and invite The
Conservancy and support Collier Resources as well to convey their
recommendations to FDEP. This is what our stipulation consists of.
COMMISSIONER HILLER: I'll change my --
COMMISSIONER NANCE: I will add one other thing to these
recommendations. There's seven construction standards and 11
oversight standards. I'm going to request one other thing, because I
think it's something we've talked about over and over and over, and it
enhances our work on the GMP and that is I believe that we should
request DEP to enact rule-making that absolutely prohibits activity
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within a safety or emergency standard distance. Whatever that is. We
don't even know what that distance is. If it's a mile, they should not be
able to conduct activities within a mile of a residence. If it's a mile and
a half and so forth. I think it's premature for to us start getting specific.
I believe we should engage certainly in local rules, but we need to
know what DEP is going to adopt before we move forward with our
local enhancements of that.
So I would make a motion that we transmit these seven
construction standard recommendations and 11 oversight standard
recommendations, and that we also add or request to add a prohibition
when it impacts currently zoned residential properties.
COMMISSIONER HILLER: I would like to --
COMMISSIONER NANCE: That's my motion.
COMMISSIONER HILLER: I would --
COMMISSIONER FIALA: Second that.
COMMISSIONER HILLER: I have one --
CHAIRMAN HENNING: We have a motion and a second on
the floor.
Discussion on the motion? And we're going to go to
Commissioner Taylor first.
COMMISSIONER TAYLOR: We have a first motion and a
second, unless you've withdrawn that, Commissioner Hiller. Have
you?
COMMISSIONER HILLER: No, I haven't withdrawn that.
CHAIRMAN HENNING: I didn't hear a motion.
COMMISSIONER HILLER: I did. I made a motion on --
CHAIRMAN HENNING: Was there a second to it?
COMMISSIONER TAYLOR: Yes, I seconded it.
CHAIRMAN HENNING: Oh, you did second.
COMMISSIONER TAYLOR: Yes.
CHAIRMAN HENNING: Okay.
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COMMISSIONER TAYLOR: Okay.
CHAIRMAN HENNING: Well, let's clear it up before we do
that.
So technically Commissioner Nance, your motion --
COMMISSIONER NANCE: I thought we voted on the
Conditional Use motion already.
COMMISSIONER HILLER: No, this is -- I had made another
motion. I made a second motion after that regarding the
recommendations for state regulations.
CHAIRMAN HENNING: Okay. And your motion was?
COMMISSIONER HILLER: Well, my initial motion had been --
CHAIRMAN HENNING: Do you want to change your mind?
COMMISSIONER HILLER: Yes, I do.
CHAIRMAN HENNING: Okay.
COMMISSIONER HILLER: May I?
COMMISSIONER TAYLOR: That's fine.
COMMISSIONER HILLER: So essentially what I would like to
do is I would like to make my motion to mirror what Commissioner
Nance is proposing with one difference and that is that instead of
having the state define what is permissible or impermissible with
respect to development -- or drilling, I should say, close to a residential
area, I think that should be a question for the -- that should be a home
rule decision. And basically we should be able to be as restrictive as
we want and as protective as we want.
Because if we delegate it to the state and they don't provide a
restrictive standard that goes to the level that we feel is adequate for
residential protection, then we're limited again.
So I think if we could somehow recommend that you submit the
technical and the oversight stan-- you know, the construction and the
oversight standards as proposed by AECOM, and in addition request
that we have home rule with respect to setting the drilling standards in
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proximity to residential development.
COMMISSIONER TAYLOR: I would second that. May we
have some discussion on it?
Commissioner Hiller, I wondered if you would amend it by
requiring that the chemicals used in this -- including a list of the
chemicals used as --
MR. CASALANGUIDA: It's in there.
COMMISSIONER TAYLOR: It's in there, okay.
And I've listened to -- I was out there when all this happened and
I've said it publicly and I'll say it again, I commend you for your
unanimous action again and again and again. You held FDEP's feet to
the fire and well, well done.
What I am -- questioning is the wrong word. Just educate me. As
a public citizen, I don't understand why we wouldn't glean information
from all the agencies before -- you know, in giving our decision, or our
recommendation besides this report. Why we wouldn't take what we
think The Conservancy's offering or Audubon's offering and even
Collier. I understand that -- I think it's fair. I think we need to hear all
the stakeholders in this.
And The Conservancy performs a specific area, and yes, they do,
but boy we can take a lot from what they've given us. And Collier
needs to be heard, because they're going to refute it. So I've seconded
your second motion and --
COMMISSIONER HILLER: And quite frankly my first motion
is exactly what you're proposing. But I think in light of what
Commissioner Nance and Commissioner Henning said and that is that
we have an agreement with DEP that requires DEP to incorporate the
input from all these entities, they're actually going to do the work for
us so we don't have to do exactly what you're describing. So what
we're doing is we're going to -- it's just a more efficient way of doing
it. It's going to come to the same end.
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So DEP will not be excluded from getting Conservancy's input or
Collier Resources' input. And at the end of the day, you know,
everybody will negotiate and work through what is best to recommend
to the legislature.
But rather than us doing it, our agreement, as Commissioner
Nance properly pointed out, requires DEP to do it. So we're going to
get it done but through them rather than through us being the filter.
COMMISSIONER TAYLOR: So just -- and I'm not arguing, just
another for informational purposes. As we go forward with what we
can do as a community, I mean, it's in our backyard, darn it, right? It's
not in Tallahassee, it's right here. Can we incorporate as much --
COMMISSIONER HILLER: Home rule.
COMMISSIONER TAYLOR: -- restrictions and home rule in
governing what goes on in our backyard?
COMMISSIONER HILLER: Exactly. And that's exactly what I
would like to see.
COMMISSIONER TAYLOR: Not only distance but chemicals
and timing. This is a brave new world out there.
COMMISSIONER HILLER: You make a good point. If we -- to
the extent -- staff, to what extent can we --
MR. CASALANGUIDA: You can't right now, Commissioners.
COMMISSIONER HILLER: No, I understand, but what we're --
COMMISSIONER TAYLOR: Because of the growth
amendment?
COMMISSIONER HILLER: But what we're doing is we're
lobbying change. So how can we get more home rule.
MR. CASALANGUIDA: Your GMP prohibits you from doing
that.
COMMISSIONER HILLER: We can amend that.
MR. CASALANGUIDA: That has to go through the state --
COMMISSIONER HILLER: Right.
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November 18, 2014
MR. CASALANGUIDA: -- and the state says we're not going to
support that because we have home room authority over that. That's a
process we go through. So if you're asking us to look into doing that,
work with the County Attorney's Office and we'll bring something
back on that as well.
COMMISSIONER HILLER: I think that's a good point.
CHAIRMAN HENNING: Do you really want to have duplicity
in government regulations when we don't have the experts? You
know, I'm okay with somebody else doing something. I don't have to
do it all. I don't have to be all to all. But that's my feeling.
COMMISSIONER HILLER: I think if I can interpret what
you're saying, Commissioner Taylor, if the state were to come up with
threshold standards and if we had the right to be more restrictive if,
you know, we saw the need, that we would have the ability to do so.
Because when they set standards they have to set standards for
communities beyond ours. And some standards could potentially be
too restrictive for other communities and maybe less so for us because
of maybe the geology. I'm speculating.
So to the extent that we could have home rule beneath a minimum
standard to be more restrictive if the need is justified, and of course we
would have to justify that need, it would make sense.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Yes, I believe that we need to
follow through on our stipulated agreement. I just don't want to select
from what The Conservancy has presented and I don't want to select
from what Collier Resources is going to present. They are perfectly
capable of advocating for themselves. They have some excellent
points. I think it's improper for us under our agreement to endorse or
not endorse any given element of their presentation.
At the same time I think everybody needs to realize that FDEP is
the agency of record that regulates the oil and gas program. I think
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November 18, 2014
we're in a much, much stronger position than we've ever been because
of the work we did prior. And I think we need to capitalize and focus
on that. I don't think we should try to attempt to take over regulation
of the oil and gas industry. I think our strength is to advocate now.
But I do believe that there should be a restriction of a hazard zone
around residences. And I strongly would suggest to you that having
that at the state level is the strongest law we can get. I don't want to
have it hinge on something we have here as part of our Conditional
Use process. I would love it to be a prohibition at the state level. So --
and that's my only suggestion.
I think we should go forward with this as Commissioner Hiller
has suggested and see where it takes us. I think we're going to have
another bite at the apple after this anyway. I hope DEP's going to
come back to us.
COMMISSIONER TAYLOR: And just a question for
Commissioner Nance.
It would give this Commissioner comfort to know when they're
coming into Collier County to drill. And if we can't have standards
that are similar to Lee County in terms of drilling, what are we doing
in Collier when this is where the attraction is?
COMMISSIONER NANCE: Well, just let me show you. For
example, if you look at the construction standards and the oversight
standards, one of them that's being proposed in this great presentation
we saw today was number 14, oversight standards. Add a requirement
that FDEP oil and gas section notifies and copies Collier County on all
applications, supporting document, submittal and meeting notices,
correspondences, related to future oil and gas exploration, oil and gas
production, Class 2 injection wells and any oil and gas related waste
disposal located with or for wells located within Collier County.
So some of these I really think everybody needs to take a look at
how good they are. And they're very powerful. And I do think it's an
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excellent start.
CHAIRMAN HENNING: Okay, there's a motion and a second
to accept AECOM's presentation and submit that to FDEP; is that
correct?
COMMISSIONER HILLER: With the additional request of
having the ability to be more restrictive, if necessary, beneath whatever
DEP's -- or whatever the state establishes ultimately as a threshold for
these issues.
CHAIRMAN HENNING: Yeah, you got that?
All in the favor of the motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Carries unanimously.
(At which time, Commissioner Nance exits the boardroom.)
Item #11E
AWARD CONTRACT NO. 14-6349 - LELY AREA
STORMWATER IMPROVEMENT PROJECT (LASIP), COUNTY
BARN ROAD WEIR AND CANAL IMPROVEMENTS TO D. N.
HIGGINS, INC., IN THE AMOUNT OF $7,415,247.53. (PROJECT
NO. 33384) — APPROVED
CHAIRMAN HENNING: Okay, now we've got
recommendation to award a contract for LASIP, and Jay Ahmad will
present.
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November 18, 2014
MR. CASALANGUIDA: Commissioners, before you move on, I
just need a little clarification on something. It's just about AECOM.
Their contract with us is over. So I think they've done a good job.
And with your direction, we want to enter into a new continuing
services contract with them through the legislative session to represent
us with these folks. Otherwise we will not have the technical expertise
to attend meetings --
CHAIRMAN HENNING: That's a different item. That's not on
our agenda.
COMMISSIONER HILLER: That's not appropriate. You need
to bring it back.
CHAIRMAN HENNING: Please.
MR. CASALANGUIDA: I'll have to bring it back at the next
meeting.
COMMISSIONER FIALA: I didn't hear what you said. I'm
sorry.
CHAIRMAN HENNING: He wants more money to give to
AEC.
MR. CASALANGUIDA: They're not on contract anymore, so
I'll have to come back in December to put them on. Very good.
COMMISSIONER HILLER: Trying to sneak something under
the wire, Nick. Just kidding.
CHAIRMAN HENNING: Motion to approve.
COMMISSIONER HILLER: Second.
CHAIRMAN HENNING: Motion by Commissioner Henning,
second by Commissioner Hiller.
Do you want to have a filibuster?
COMMISSIONER FIALA: Beautiful presentation, Jay.
MR. AHMAD: No comments. I'm okay with motion to approve.
CHAIRMAN HENNING: Discussion on the motion?
(No response.)
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November 18, 2014
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
Item #11F
AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT
OF $20,684,000 TO COMMUNITY ASPHALT, FT. MYERS AND
RESERVE $2,004,000 ON THE PURCHASE ORDER FOR
FUNDING ALLOWANCES, FOR A TOTAL OF $22,688,000 FOR
ITB #14-6342 COLLIER BOULEVARD (CR951) ROADWAY
CAPACITY IMPROVEMENTS (FROM GREEN BOULEVARD
TO GOLDEN GATE BOULEVARD) (PROJECT NO. 68056) —
APPROVED
MR. OCHS: Commissioners, 11.F is a recommendation to award
a construction contract in the amount of$20,684,000 to Community
Asphalt for the Collier Boulevard Roadway Capacity Improvements
from Green Boulevard to Golden Gate Boulevard.
COMMISSIONER FIALA: Motion to approve.
CHAIRMAN HENNING: Motion by Commissioner Fiala to
approve. Second by Commissioner Henning.
Commissioner Taylor, you need to get -- learn and great
knowledge which Marlene Messam who is standing up there. She's
very articulated and she's very dedicated to her work. And she's worth
-- she's got a lot of knowledge.
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MS. MESSAM: Thank you so much, Commissioner Henning.
I'm honored that you think so highly of me. And I'm happy doing the
work that I do for not only the Commissioners but the people of Collier
County. So thank you so much.
CHAIRMAN HENNING: That's right. And it shows in your
work.
MS. MESSAM: I appreciate you saying that, sir.
COMMISSIONER TAYLOR: So I just have one question. The
length of the road that we're asphalting?
MS. MESSAM: We are reconstructing an existing four-lane
segment of Collier Boulevard, which is about two miles long. And
that's going to go from a four-lane to a six-lane roadway.
COMMISSIONER TAYLOR: Two miles?
MS. MESSAM: It's approximately two miles. Because we have
other adjoining streets that we're also improving. Pine Ridge and
White, Green Boulevard, and we're also improving parts of Golden
Gate Boulevard.
COMMISSIONER TAYLOR: That abuts into this, that go into
it; is that it? I'm just trying to figure out the cost per mile in Collier
County to do this. And that's why I asked you that question. What is
our cost now to lay road?
(At which time, Commissioner Nance returns to the boardroom.)
MS. MESSAM: For this particular roadway, I don't have that
immediately, but I can certainly get back to you with that information.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN HENNING: At least 500,000 -- 5 million per lane
mile.
COMMISSIONER TAYLOR: 2014 figures. Thank you very
much.
COMMISSIONER HILLER: And that's urban or rural?
MS. MESSAM: We're making an urban section --
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November 18, 2014
COMMISSIONER HILLER: So urban is 5 million per --
MS. MESSAM: -- which is curb and gutter.
I have a little, little presentation here.
CHAIRMAN HENNING: No, I don't think that's necessary.
COMMISSIONER TAYLOR: That was my question.
MS. MESSAM: Okay.
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Been waiting for this project for quite a while. It's going to really
enhance the drive time of many of our employees that live in that area.
You know, White Boulevard, Collier Boulevard, Pine Ridge, it's going
to be great.
MS. MESSAM: Thank you.
CHAIRMAN HENNING: So hurry up and get it done.
Next item?
(At which time, Commissioner Fiala and Chairman Henning exit
the boardroom.)
Item #11G
SELECT A METHOD OF COLLECTING THE $10,500 UTILIZED
FOR EMERGENCY REPAIRS ON PLATT ROAD AND
AUTHORIZE THE ADVERTISEMENT OF AN ORDINANCE
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FOR THE DECEMBER 9, 2014 BCC MEETING FOR FINAL
CONSIDERATION - MOTION TO APPROVE STAFF'S
RECOMMENDATIONS WITH THE EXCEPTION THAT FUNDS
WILL BE COLLECTED OVER A 2-YEAR PERIOD OF TIME
VERSUS STAFF'S PROPOSED 1-YEAR COLLECTION PERIOD
— APPROVED
MR. OCHS: Sir, 11.G is a recommendation to select a method of
collecting the $10,500 utilized for emergency repairs on Platt Road,
and authorize the advertisement of an ordinance for the December 9,
2014 BCC meeting for final consideration. Michelle Arnold will
present.
MS. ARNOLD: Good afternoon.
COMMISSIONER NANCE: Yes, Michelle, I'd just like to make
a couple comments. I'm temporary chair here for a moment.
I would like to make a motion to approve. The collection of the
money has already been approved by the Board. I would just like to
make a request. Mr. Carnell graciously sent me a schedule suggesting
it would be a one-time assessment. And some of the assessments for
some of the residents would be as high as $775 in one year.
I would just like to make a motion to approve but I would like to
have the collection done over two years instead of a one-year period,
just to make sure we're not putting a burden on some people that can
least afford to make additional payments at this time. Would that be
acceptable?
MS. ARNOLD: And that is for the MSBU process; is that
correct?
COMMISSIONER NANCE: Yes.
MS. ARNOLD: So the assessment, okay.
MR. OCHS: So you want to spread the assessments for all the
payers, Mr. Chairman, over two years?
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November 18, 2014
(At which time, Commissioner Fiala returns to the boardroom.)
MS. ARNOLD: Well, what the payment would be is, you're
correct, a one-year period. We did provide some information of the
linear footage for each of the properties.
COMMISSIONER NANCE: Yes, that's your recommendation. I
would like to adopt that but I would like to break it up into two years
instead of one.
(Chairman Henning returned to the boardroom.)
MS. ARNOLD: I just want to note that the majority of the
property owners, 41 to be specific, would be paying $193 --
COMMISSIONER NANCE: I understand.
MS. ARNOLD: Okay. I just wanted to --
COMMISSIONER NANCE: It's just an area that doesn't pay a
lot of taxes to begin with and a lot of economic problems in that area.
COMMISSIONER FIALA: $193 is a lot of money for some
people.
COMMISSIONER NANCE: For some people it is. And I'm just
trying to -- you know, since we're going to the administrative pain to
set it up and we're going to do it, I would like to see it spread out over
a couple of years. That's my only suggestion. I think your analysis --
and I appreciate all the work you've done and I think the lineal footage
is the way to go.
MS. ARNOLD: And --
CHAIRMAN HENNING: Is that a motion?
COMMISSIONER NANCE: That's a motion, yes, sir.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Any concerns, Jeff?
MR. KLATZKOW: No, sir.
MS. ARNOLD: Thank you.
CHAIRMAN HENNING: Okay, motion to spread it out over
two years. Staffs recommendation and spread it out over two years.
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November 18, 2014
COMMISSIONER NANCE: Yes, sir.
CHAIRMAN HENNING: All in favor of the motion, signify by
saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Item #14A1
BOARD OF COUNTY COMMISSIONERS, ACTING AS THE
COLLIER COUNTY AIRPORT AUTHORITY, ACCEPT STAFF'S
REPORT ON THE STATUS OF EFFORTS AT THE COUNTY'S
AIRPORTS OVER THE PAST YEAR — APPROVED
MR. OCHS: Commissioners, that takes us to Item 14 on your
agenda this afternoon. Item 14.A is a recommendation that the Board,
acting as the Collier County Airport Authority, accept staffs report on
the status of efforts at the county's airports over the past year.
Identify yourself for the record, please.
MR. SHUE: Sure.
Good afternoon, Commissioners. Gene Shue, Operations
Director, Growth Management Division.
Give us one second to get our Power Point ready to go here.
We're good.
Commissioners, it's been about a year since GMD assumed
responsibility for oversight of the airports. Today's presentation is
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designed to update the Board on the status of the airports and to fill
you all in on what we've accomplished over the past year.
I'll start with an overview and then I'll turn it over to your airport
managers who will give an update on the grant funded construction
projects over the past year. We'll then go to Allison Kearns, we'll get a
brief update on the status of a couple of audit issues, and then finally
we'll segue to two related agenda items where staff is seeking board
direction.
This time a year ago GMD began a thorough review of airport
operations. We concluded early on that the aviation specific
operations were in good hands with two experienced airport managers
and an experienced support staff. We also concluded, however, that
there was room for significant improvement in the broader areas of
financial and business practices.
Specifically we saw improvement opportunities in the following
four areas: Records management. Basic documents like leases and
insurance certificates were difficult to find and hard to readily access.
Two: Lease management. The majority of the tenants had lease
compliance issues. Several were behind in their rent payments, a few
significantly so. There was also no systematic lease monitoring in
place.
Number three: Tenant relations. Out at the Immokalee Airport in
particular relations were strained.
And finally, number four: Accounting procedures and internal
controls. Neither were as strong as they needed to be.
A year later I'm happy to report that we've made significant
progress in all four areas. With regard to lease -- I'm sorry, with regard
to records management, our team located, reviewed, indexed and
stored all relevant business documentation into SIRE, the county's
electronic storage system.
We also developed an airport GIS info system in order to better
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access and maintain the data going forward. With the help of Nick,
Vanna, we'll briefly demonstrate this system.
The system, Commissioners, is a GIS interfaced map or index
that takes us right into the SIRE location. So it will take a second,
we're going to do this live, or attempt so.
And actually this kind of grew out of a larger project that GMD is
spearheading on project data management. We're actually taking this
kind of information for all capital projects ongoing in the future and as
far back as we have the resources to research and connect the dots so
that we can bring up a map and see all the documentation associated
with capital projects.
Now, one of the subsets of this, if we scan on up, Nick, to where
the Immokalee Airport is, we'll give an example. We go up to
Immokalee and we see a representation of the airport. We zoom in just
a little closer. Let's go to Turbo Services as an example. So that space
there is where the Turbo Services facility is.
And when we click on that, it brings us to an index. And when
we select an index, it takes us to a document that summarizes all those
documents that we stored within SIRE.
And when the document comes up we'll see a number of active
links that take us directly into SIRE where the information is stored.
Now, there's two real benefits with this: One is we can easily
access the information. I typically have two monitors at my desk and
seems like for the last six months one of my monitors is always on this
map, because someone will call about some airport related issue and in
order to address it, I need to go right to the lease or correspondence or
amendment and this is the easiest way we found to access it. And it
works a little quicker from the office.
The other benefit is that when we actually store the stuff within
SIRE, we're capable of putting in little ticklers which addresses that
lack of systematic lease management. So we can set something up to
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tickle us 30 days or 60 days or 90 days before a lease is going to expire
or insurance is going to expire.
And again, that's what we found seemed to be the issue with a lot
of this. There are well over 100 lease and license agreements, and
keeping track of when they expire and when the insurance and various
related agreements was difficult without leveraging the technology that
we have.
Sorry that didn't work out, but it's actually available for use for
the Commissioners. And we've rolled it out to the airport managers
and a few other folks that are getting a lot of value out of that.
The second area, lease management. Our emphasis there has
been on improved compliance. We've realigned the staff to dedicate a
position responsible for managing leases, tenant relations and customer
service. We believe the emphasis is working. All of the material large
tenants are current or on a payment plan. There's always a few
stragglers that we work with, but at this point it's all small T-hangar
type things.
Compliance across the board is greatly improved, as the
following slide will illustrate. You may recall last February when I
came before the Board and reported on our initial findings, I classified
all of the leases using a three level approach. Level one, no issues;
level two, minor issues; and level three, significant issues. You can
see what the percent breakdown was back in February and you can see
how we've made improvement as of just this past week we updated
this.
Now, it's not ideal. Our goal is to have zero level three. There's
still a few things we're working through, one of which is related to the
item we're asking direction on. The other -- I would expect within the
next two months to get that level three down to zero. You're always
going to have things in the level two category; that's when insurance
expires today and it takes 30 days to get a certificate back. But overall,
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great improvement.
The third area, tenant relations. When it comes to tenant
relations, our approach has been relatively simple. We're trying to run
and treat the airport as a business and we're treating the tenants as
customers of that business. We're having open lines of communication
and clear, consistent application of the rules. Staff has worked
proactively to improve tenant relations and we believe this improved
business climate will pay dividends in the future. In fact, it may
already be paying dividends as just this past week we got up to 100
percent occupancy across all three airports for the first time in two to
three years.
And finally the fourth area is accounting procedures and internal
controls. Truthfully, the biggest improvement that we could make here
and we did make here was to hire and train a new accountant. In
addition, we reviewed and revised transaction processing and
improved internal controls.
Before I turn it over to the airport managers to lead you through
the capital improvements, are there any questions?
CHAIRMAN HENNING: Commissioner Hiller.
COMMISSIONER HILLER: I just want to compliment you. I
want to compliment you and your staff. I mean, what you're
presenting to us is outstanding. The fact that you're 100 percent
leased, that you've got leases that are current, that you've ensured lease
compliance, that you have good relations, that you have internal
controls, that you have document controls is really commendable.
CHAIRMAN HENNING: And the best thing is, is the
Commissioners are not getting phone calls from tenants anymore --
COMMISSIONER HILLER: Not at all.
CHAIRMAN HENNING: -- complaining about airport staff.
COMMISSIONER HILLER: Nothing.
MR. SHUE: We have a strong team working on this. Allison
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Kearns has probably spent 50 percent of her time for the last six
months getting all this cleaned up. She actually took over the
accounting function while we were between accountants so that she
could learn it so that she could properly train the new accountant. And
that's the only way we were going to do it.
At that point probably the only two people capable of running the
accounting system was her and I, and I'm glad she was able to step in.
The accounting managers -- I'm sorry, the airport managers have
really done a great job. What we found is they really didn't have the
benefit of all of the county resources supporting them. Whether it was
the airport's fault or whoever's fault, we weren't using SIRE, we
weren't using the lease management group to help us with the leases,
we weren't tapping into Risk Management as much as we should to
review insurance requirements.
So we tried to leverage all that, and I think the results are
showing. But I know it's getting late so let's jump ahead to the
construction projects.
COMMISSIONER NANCE: I just want to say one thing, Mr.
Shue before you go forward and that is to echo what Commissioner
Hiller said. And I will tell you that the Immokalee Airport operations
remain a critical part of the fight against Citrus Greening disease in
Southwest Florida and the citrus industry in the state as a whole. And
it's little known that almost 25 percent of the State of Florida citrus is
sprayed and this disease kept at bay out of the Immokalee Airport.
I will tell you that your improved tenant relations has not gone
unnoticed. I'm getting very positive feedback from the citrus industry,
people about the improved tenant relations at the Immokalee Airport.
So I will pass to you their compliments on a much smoother running
operation. Thank you, sir.
MR. SHUE: Thank you very much.
Let me introduce Bob Tweedie. Bob has been with the airports
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for almost 19 years. He started out in Immokalee in '96, stayed there
for looks like about two years and has been your Marco Island Airport
Manager since January of 1998.
Bob has a bachelor's degree in business and economics. He's also
a member of the American Association of Airport Executives and a
Certified Manager. In addition, he's an FAA Licensed Commercial
Pilot and Certified Flight Instructor.
Bob, I'll let you take it from here.
MR. TWEEDIE: Thank you, Gene.
Good afternoon, Commissioners. For the record, Robert
Tweedie, Airport Manager, Marco Island Executive Airport and
Everglades Air Park.
Along with my colleague, Justin Lobb, he'll be presenting a brief
overview of the recently completed construction projects at each of our
three airports this year.
This year we conducted projects at Everglades, Marco and
Immokalee. At Everglades it consisted of a taxiway extension project;
Marco Island was a runway and apron rehabilitation project; and at
Immokalee we reconstructed runway 9er-27.
These projects collectively are the most substantial FAA grant
funded projects undertaken at our airports to date and have provided us
with very significant and important infrastructure improvements for
the citizens of our county and airport users.
Let's start out by talking about the Marco Island project. This
project consisted of a full depth reconstruction of runway 17/35 in the
terminal apron area, among other elements. Significant portions of this
project included safety area improvements to the north and south and
east side of the runway, as well as drainage, grading and drainage to
decrease the ponding of water on the paved and non-paved surfaces
and installation of new efficient LED runway edge lights as well as
runway and identifier lights and a backup generator for the airfield
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November 18, 2014
lighting system.
Project budget was 6.2 million, 90 percent funded by FAA AIP
grant funding, with five percent FDOT aviation grant and five percent
county match. Notice to proceed was issued on December 13th and it
involved a 90-day closure of the runway from January 13th -- of the
entire airport, actually, from January 13th through April 14th. The
photo you see to the left of the slide here was taken in early February
at about 50 percent completion.
And there you see a photo of the project shortly after the runway
was reopened in mid April. That's looking from the south to the north.
And you'll note also the area up in the north or the upper left corner
that was cleared as well to the west of the existing apron, that was
another important element of this project.
Substantial completion was achieved on September 11th, and all
remaining construction punch list and cleanup items have been
completed. The final contract completion date is tomorrow, November
19th, and there are no remaining items to be completed at this time.
COMMISSIONER FIALA: May I ask just a question on that?
MR. TWEEDIE: Sure.
COMMISSIONER FIALA: Are you now preparing to build
hangars over there? Did you get the pad ready for that or no?
MR. TWEEDIE: That area is now in a condition to be suitable
for development. It has been cleared and filled in accordance with the
DEP and the Corps permits that we worked for so many years to get
for the whole airport site. And now we're prepared to move forward
with that. We'll be exploring opportunities for, you know, public and
private partnerships perhaps for some hangar development, see what
kind of grant funding we can possibly get from FDOT for some hangar
development as well. So it's about a 5.5-acre site that includes
significant development.
COMMISSIONER FIALA: And some have already offered to
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build the hangars, right?
MR. TWEEDIE: We have had some interest from private
developers so --
COMMISSIONER FIALA: Yeah, you've gotten that
information. Okay, good, thank you.
MR. TWEEDIE: -- we'll move forward with this.
And you can see here in this photo the before and after. Before
on the left, that photo was taken shortly after completion of the
taxiway project back in 2012 and then to the right here the photo was
taken in October.
The cost breakdown, $5.7 million for construction. We are on
budget for that portion of the project. For engineering services, we're
right now at about 160,000 below budget. And we anticipate that we
will be below budget. There are some remaining engineering items to
close out. However, we expect to be substantially below budget on
engineering.
Any questions before I move on to Everglades?
CHAIRMAN HENNING: No, just keep on going.
MR. TWEEDIE: Okay. The Everglades Air Park project
involved a construction of about a 350-foot segment of parallel
taxiway to the south, connecting the full length of the parallel taxiway
to the south end of the runway. It also required the update of the
airport layout drawing, as well as some design and environmental
updates.
(Commissioner Taylor exits boardroom.)
CHAIRMAN HENNING: It was a $285,000 budget, 90 percent
FAA funded with 10 percent local match. It commenced in mid April
and was completed the beginning of August. And I'm happy to report
it was completed about $25,000 below budget.
I'm going to turn it over to my colleague, Justin Lobb to present
the Immokalee Airport project.
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MR. OCHS: Commissioners, Justin's a new member of our
airport staff and we're very pleased to welcome him to Collier County.
I think we're going to see great things from him in the future.
CHAIRMAN HENNING: Well, welcome. Anything you need,
ask Troy, he can get it for you.
MR. LOBB: Commissioners, Justin Lobb. I'm the airport
manager at Immokalee. Before I begin discussing the capital
improvement projects that were completed, I'd like to take a minute to
formally introduce myself. Prior to my arrival in Collier County I
received a bachelor's degree in aviation and airport management from
Florida Institute of Technology in Melbourne, followed by several
years in operations management at the Orlando-Sanford International
Airport.
(Chairman Henning exits the boardroom.)
MR. LOBB: As a person with great passion for aviation, I'd like
to use my knowledge and experience to expand business at the airport,
generate interest in the local general aviation community, and enhance
tenant and customer relations, all while maintaining the safe and
efficient operations at the Immokalee Airport.
With that being said, I'd like to discuss the improvements that
were made over the last year in Immokalee. Although the project met
substantial completion prior to my arrival, I can say it was managed
and executed successfully. And a great deal of credit is owed to Bob
Tweedie for the successful management of three major projects at all
three county airports in the absence of a manager at Immokalee.
This rehabilitation project featured a full reconstruction of
Runway 9/27, along with a realignment of parallel Taxiway Bravo.
Prior to this project, the pavement had not seen any major
improvements since the airport was activated as an Army base during
World War II.
The airfield also did not meet the design and safety criteria as
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outlined by modern FAA standards. Because of this the runways were
decoupled.
(Chairman Henning and Commissioner Taylor return to the
boardroom.)
MR. LOBB: And safety areas outlined in the runway boundaries
were improved to allow for greater efficiency and safety.
Other items in the scope of the project included grading and
drainage improvements, along with an entirely new and efficient LED
lighting system, all of which allow for lower operating cost to the
Airport Authority and an enhanced experience to the airport user.
And as you can see in this project sketch, the highlighted portion
indicates the boundaries of the rehabilitated runway 9/27 which was
shifted 450 feet to the east. The space where the runways were joined
in the northwest corner now features runway blast pads and grass
safety areas. The dark shaded areas indicate new runway connectors
that allow for ease of access to and from the activity runway.
Total cost of the runway rehabilitation project was estimated at
just over 8 million before the bidding process. And as you can see the
matching contributions from FDOT and Collier County. And I'll
provide more of an in-depth overview of the finances in the following
slides.
The notice to proceed was given on December 30th, 2013, and
you can see the work in progress in this aerial dated March 27th, 2014.
At this time the old runway had been removed down to the base
material and the first layer of asphalt was being paved.
Substantial completion of the project was met on August 26th,
2014 and I am pleased to report that final completion is scheduled for
this Friday, November 21st.
To provide you with a better visual understanding of the project
scope, these aerial photos illustrate the magnitude of the
transformation. Most notably you will see that the overall geometry of
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the airfield has changed significantly. The new taxiway connectors
meet current FAA design and separation criteria, and the airfield
markings exceed the minimum standards as outlined by FDOT.
The portion of the closed runway leading up to runway 9/27 has
been completely removed. And what these aerial photos do not show is
the extensive underdrain system that was installed that vastly improves
drainage during periods of heavy rain.
And as I mentioned earlier, the project met substantial completion
on August 26th, 2014. While there was a surplus of approximately
725,000 as of September 30th, we expect that with other engineering
costs, including environmental and design updates, the project will
conclude on time and within the budget amount of 8.86 million.
In conclusion, the capital improvement projects at all three
airports included participation at the federal, state and local levels.
And this represents an investment into an infrastructure that has
significant impact to Collier County.
With these improvements and with the management team in
place, we believe -- we are optimistic that further development and
economic activity will continue in the years to come.
May I field any questions?
CHAIRMAN HENNING: No.
MR. LOBB: All right. With that, I'd like to introduce Allison
Kearns, Financial and Operations Support Manager with Growth
Management.
MS. KEARNS: Thanks, Justin.
Again, for the record, Allison Kearns, Financial and Operational
Support Manager with your Growth Management Division.
I'll try to make this as quick as possible, since it's getting so late.
At this time we'd like to provide you with a quick update on the
status of three airport related internal audit reports issued by the Clerk
this past year.
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The first item listed relates to the USDA powder coating system
grant audit. Followup for these findings is still in progress but we are
primarily working to identify the necessary write-down for the assets
that are allegedly missing or no longer in use. And adjustment to the
asset value will be proposed to finance this fiscal year, and no further
Board direction should be required related to the close-out of this audit.
That actually concludes our comments, County Manager, on Item
14.A.1.
The other two items listed up here require your direction before
we move forward with close-out. So unless there are any further
questions on this item, we can move on.
MR. OCHS: Mr. Chairman, we're asking for the Board's motion
and vote to accept this staff report on the status of the airport
operations.
COMMISSIONER TAYLOR: So moved.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: Motion by Commissioner Taylor,
second by Commissioner Fiala.
All in favor of the motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Are you doing okay before we move
on? We don't have much more at all. Do we, Nick?
MS. KEARNS: We hope not.
CHAIRMAN HENNING: Okay. Go ahead, continue, please.
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Item #14A2
BOARD OF COUNTY COMMISSIONERS, ACTING AS THE
COLLIER COUNTY AIRPORT AUTHORITY, PROVIDE
PRELIMINARY GUIDANCE AND NEXT STEPS TO STAFF IN
ADDRESSING RESOLUTION OF INTERNAL AUDIT REPORT
2014-3 COLLIER COUNTY AIRPORT AUTHORITY -
CAMPGROUND (RV PARK) - MOTION TO APPROVE STAFF'S
RECOMMENDATIONS OF OPTION #3 — APPROVED
MR. OCHS: Commissioners, 14.A.2 then is a recommendation
for the Board acting as the Airport Authority to provide guidance in
the next steps of the staff in addressing the resolution of the internal
audit report 2014-3 regarding campground and RV parks.
Allison?
MS. KEARNS: Thank you.
Commissioners, as you may already know, many of the
campground assets were located this summer after staff performed
some additional research and excavation activities in our follow up
response activities to the audit findings. Staff was unable to unearth
many of the assets which were previously reported to be destroyed or
disposed.
The campground area was covered with about a foot of dirt for
the past several years, and as it sits today is not in usable condition. In
case you're wondering, the reason as to why it was all covered up is not
known to current county staff.
I do have a couple of quick photos to show you. They're not
terribly extensive, but this is just a sample of one of the concrete pads
that was unearthed that's in good condition. And behind it you can see
a little piece of the sidewalk that is still existing as well.
And this other slide is probably the worst of the bunch where one
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of the pads is completely destroyed.
So after sharing -- excuse me, I have to go back.
After sharing the audit report and discussing this current situation
with the project manager from the Economic Development
Administration, one of the guarantor agencies, they highly recommend
the county rehabilitate the area and place it into service as it was
intended in the original grant application.
The reason staff is requesting direction from the Board is due to
the EDA requiring a letter of intent to be submitted by the county,
highlighting the future plans and actions for this campground.
So we have generated a few options for your consideration, but
feel free to come up with your own ideas as we move through this.
Option one in your executive summary relates to the
abandonment of the campground assets. This basically means keeping
the status quo. As today, the assets are not being utilized for operating
a campground as it was intended. This is the easiest but likely most
costly solution. This may also create future losses of grant
opportunities from the EDA. Repayment to the guarantor would have
to go through the EDA's legal department, and in accordance with the
grant assurances the repayment amount could mean the whole grant is
in jeopardy, which originally exceeded $1 million.
Likely if this option is chosen the EDA would only require
repayment of the value of assets destroyed plus fees and interest. But
again, this option would have to be reviewed by their legal department
before we know the true fiscal impact.
Option two would fully alleviate audit concerns but poses the
most challenges. If the campground is brought back to a useful state, it
would likely have a minimum upfront cost of approximately $90,000.
Option three is a favorite of staff because it basically blends the
previous two options. Having a third party agree to operate the
campground and maintain the area would alleviate the operational
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responsibility for the airport staff and provide a small amount of
income from a potential concessionaire agreement.
This option would have to be preapproved by the EDA, but
essentially they have stated as long as the campground is being used as
intended the grant assurances would be satisfied.
This has the same upfront cost as option two but the ongoing cost
would be reduced by having another party operate and maintain the
campground.
So far no third parties have agreed to work with the airport on this
option, but it's still being explored by staff.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Has the FAA approved the use of
their property as a campground RV park?
MS. KEARNS: This is on the non-aeronautical side of the park.
COMMISSIONER HILLER: Okay.
MS. KEARNS: And FAA does not need to --
COMMISSIONER HILLER: So that issue is not even an issue.
MS. KEARNS: No, not that we're aware of.
COMMISSIONER HILLER: And do we have any zoning issues
with respect to this or are we good on allowing that use on that land?
CHAIRMAN HENNING: Yeah, transit is allowed on that PUD.
COMMISSIONER HILLER: That's great.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Yes, I would like to make a motion
that we make a recommendation to proceed with option number three
as staff has suggested, which would be a blended approach, and
authorize item to expend the $90,000 to go ahead and return it to its
intended purpose.
CHAIRMAN HENNING: Motion by Commissioner Nance --
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: -- second by Commissioner Fiala.
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Discussion on the motion?
(No response.)
CHAIRMAN HENNING: Seeing none, all in favor of the motion
signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
MS. KEARNS: Thank you. I'll let Gene Shue present Item
14.A.3.
Item #14A3
BOARD OF COUNTY COMMISSIONERS, ACTING AS THE
COLLIER COUNTY AIRPORT AUTHORITY, DIRECT STAFF
TO NEGOTIATE A NEW LEASE WITH RTH ENTERPRISES,
INC., D/B/A IMMOKALEE REGIONAL RACEWAY (IRR)
PURSUANT TO THE RESOLUTION OF ALL OUTSTANDING
CURRENT LEASE ISSUES - MOTION TO APPROVE STAFF'S
RECOMMENDATIONS - APPROVED
MR. OCHS: That item, Commissioners, is a recommendation
from the Board acting as the Airport Authority to direct staff to
negotiate a new lease with RTH Enterprises pursuant to resolution of
all outstanding current lease issues.
Gene?
MR. SHUE: For the record, Gene Shue, again from Growth
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Management Division.
CHAIRMAN HENNING: What's your recommendation? What
is your recommendation? I'm sorry.
MR. SHUE: For the IRR recommendation is for the Board direct
us to work through these issues and negotiate a new lease.
CHAIRMAN HENNING: Is there a motion?
COMMISSIONER NANCE: I would make a motion to do that.
And one of the things that I think's important about this is I think that
this lease is helping us produce maintenance costs at the airport. And I
think that having a good relationship with this entity may well afford
us some utility on the last issue that we just approved which is the use
of the RV park which may well have some utility for this operation.
COMMISSIONER FIALA: I second the motion.
CHAIRMAN HENNING: Motion and second to approve staffs
recommendation.
Gene, do you have anything else on this?
MR. SHUE: If you folks would like to see more on this, I can
show you more; otherwise we can move on.
CHAIRMAN HENNING: Commissioner Hiller has a question.
COMMISSIONER HILLER: Now, this is on aviation property?
CHAIRMAN HENNING: No.
MR. SHUE: It is. It's an old abandoned runway.
COMMISSIONER HILLER: So if it is on a runway then we
need formal FAA approval for this use.
MR. SHUE: And we do have that.
COMMISSIONER HILLER: We do have a current --
MR. SHUE: They've actually been there since 1999.
COMMISSIONER HILLER: Well, when I first got elected,
while I understood there were there, there was no FAA approval. And
I had asked for it back then and it was never forthcoming with all the
issues that were going on at the airport. I never got that answer. I
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would like to actually see that formal FAA approval.
The other thing that I am concerned about is insurance. Because I
do understand that they engage in go-carting and they have minors that
go-cart out there.
MR. SHUE: And that's what these two slides were showing. I
can do this for you briefly.
The one on the left is the current operation. The least footprint
that they currently have is that yellow rectangle there. Their actual
operation, excluding the go-cart, goes well beyond that. They have
spectators on either side of that line. The drag racers go beyond the
northern northeast limit of that box. And then well beyond those
distances you have the go-cart operation.
On the right would be the footprint of the new lease that we
envision that would encompass all that. And as Commissioner Nance
pointed out, they're already maintaining this entire footprint, which is
saving the airport maintenance dollars.
Now, this will not be without challenges with the FAA because
this new lease would have to go to the FAA. And one of the concerns
they would have is that they mandate what the lease cost is for land
leases for non-aviation uses. And right now they're kind of pushing the
limit. And now we go to this larger footprint. And our preliminary
discussions with the tenant would be to hold the lease rate, the gross
amount, at the same level, which of course means the cost per square
foot is going to drop significantly.
Now we think we can make that case, because the reality is these
folks use that entire plot of land for maybe 20, 25 times a year as
opposed to 365 days a year. They also help us by maintaining that
land and they make the track available, the go-cart and the drag strip
available, to the Sheriffs Office and to Emergency Services for
training operations. So we think there's good reasons to partner with
these folks.
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And in terms of revenue, I think that lease produces about
$30,000, which is one of the larger revenue producers we have at the
airport.
COMMISSIONER HILLER: Well, the Sheriff and EMS would
have use of that regardless. So they're not providing an asset to us by
allowing them to be there, because we would allow it anyway.
Going back to the issue of insurance, given that you have
spectators, given that you have minors that are involved in these
go-carting, I have serious concerns about what the potential county
liability would be and, you know, what type of indemnification we
would have in the event of some sort of an accident.
MR. SHUE: Commissioner, we do have the insurance on both
the drag strip and we've required them to get the insurance on the
go-cart facility as a preliminary step until we get this all wrapped into a
new lease.
COMMISSIONER HILLER: Does that protect the audience as
well? I mean, what's the -- I mean, I would like to have the
opportunity of reviewing that policy with you, just to make sure. Not
that I'm an expert in insurance, but maybe you could present it to the
Board when you come back with a lease, just to make sure that the
county is protected.
MR. SHUE: One of the things we've been doing more of is a
number of businesses out there, at least three that I know of, we've
actually gone out with Risk Management to tour the facilities. And in
those cases they actually found that the insurance requirements were
too high in some of these facilities. So you folks have already
authorized a lowering of those in the past couple of months.
But I'll be glad to go out with Risk Management and --
COMMISSIONER HILLER: It should be --
MR. SHUE: -- look at that and review the documentation.
COMMISSIONER HILLER: It's not to say it's high or low. It
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should be fair and adequate, whatever it is. But we just need to make
sure. One thing we want to be sure of is that we're not underinsured
with an audience, with children who are racing, you know, in that
environment.
CHAIRMAN HENNING: Motion and a second to approve
staffs recommendations.
All in favor of the motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
CHAIRMAN HENNING: Now we go to staff communications?
MR. OCHS: Yes, sir.
CHAIRMAN HENNING: And Commissioners.
MR. OCHS: Nothing from me today, sir, except to remind the
Board of their upcoming workshop on December 2nd with the City
Council of Marco Island, and to simply welcome Commissioner
Taylor. Staff and I look forward to working with you.
COMMISSIONER TAYLOR: Thank you.
MR. OCHS: That's all I have, sir.
CHAIRMAN HENNING: Thank you.
MR. KLATZKOW: Nothing, sir.
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CHAIRMAN HENNING: Nothing?
Commissioner Nance?
COMMISSIONER NANCE: Yes, I just have one item. There
has been a recent proposal from a landholder in Golden Gate Estates
area to make an exchange of properties with the Golden Gate Land
Trust. And what I would like in order to investigate this, which is a
time sensitive issue, is the blessing of the Board to allow staff to look
into the offer that has been proposed and allow some staff time for our
internal real estate appraisers to take a look at the values that are being
suggested and allow staff to bring back an item to us on the -- for the
December 9th meeting if they feel like it's warranted consideration of
the Board.
CHAIRMAN HENNING: Have you talked to the County
Manager about this?
COMMISSIONER NANCE: Yes, sir. It's a request for a staff
time to look into it and see if it has any merit to bring an agenda item
forward.
CHAIRMAN HENNING: Sure. I mean, I don't have any
objections.
Commissioner Taylor, do you have any objection?
COMMISSIONER TAYLOR: No, not at all.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: No.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: No.
CHAIRMAN HENNING: No.
COMMISSIONER NANCE: All right, sir, Mr. Ochs, that is
sufficient authorization for you to --
MR. OCHS: Yes, sir. That December 9th date might be a little
challenging but we'll do the very best we can.
COMMISSIONER NANCE: Yes, sir. You've got to be like
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November 18, 2014
MacGyver, okay?
MR. OCHS: 24/7.
COMMISSIONER TAYLOR: Oh, my gosh, you're dating
yourself.
COMMISSIONER FIALA: He was a little kid.
COMMISSIONER HILLER: He was watching reruns on
Netflix, that's what it was.
We'll never say how old he is.
COMMISSIONER NANCE: That's it, sir, thank you.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Yeah, I received an email this
morning, and it's an article on a news blog called the Naples City Desk
and it was an article written by Gina Edwards. And the headline is
Clerk Brock and Senator Richter sign deal Friday to transfer county
600 million to firm with no BCC vote.
And I forwarded the article to the County Manager and to the
County Attorney. And I'd like an understanding of what's going on.
You know we, by the vote of three Commissioners, Fiala, Henning and
Nance, approved -- or I should say, really, ratified the selection of First
Integrity as the bank's depository agent and supposedly a broker/dealer
by the name of Finex (sic) I believe it was as the custodial agent.
Now, all of a sudden -- and that was through the Clerk's
solicitation process. Now on all of a sudden there's a contract that's
been signed by the Clerk and Garrett Richter -- Senator Richter, I
should say -- for custody of 600 million in securities with an entity that
was not named in the contract.
And this entity is, according to this article -- let me just see.
Where is it now? Let's see. Okay, it's called First National Bankers
Bank Shares. And it's actually a Louisiana based entity. The other
entity I think was out of Connecticut or something like that. It was
Infinex Financial Group, which is what the Board of County
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Commissioners approved as being the custodial agent.
So what is going on? And I thought the county's investment
policy said that custodial agreements have to be approved by the
Board. And how is this bypassing the procurement process and how is
this bypassing Board vote?
MR. OCHS: I don't know.
COMMISSIONER HILLER: Don't all answer at once.
CHAIRMAN HENNING: Do you have anything else,
Commissioner Hiller?
COMMISSIONER HILLER: No, I'd like an answer.
CHAIRMAN HENNING: Would you get her an answer?
COMMISSIONER HILLER: County Attorney, do you know
about this? Were you aware of this agreement?
MR. KLATZKOW: No.
COMMISSIONER HILLER: You were not told about it?
County Manager, were you told about it?
MR. OCHS: No, ma'am, I received the email.
COMMISSIONER HILLER: So you didn't know about this
contract signed by the Clerk?
MR. OCHS: No, ma'am.
COMMISSIONER HILLER: Can you please find out what's
going on and come back and let us know?
CHAIRMAN HENNING: Let Commissioner Hiller know what's
going on.
MS. KINZEL: Commissioner Hiller -- or Commissioner
Henning?
CHAIRMAN HENNING: Yes.
MS. KINZEL: Perhaps I can address that.
The custodial agreement is still through First Florida Integrity
Bank, but it is a totally separate agreement with a separate custodian,
which is part of the best practices of GFOA. That's why it was
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changed.
Per the Constitution the Clerk is the custodian of funds and per
State Statute he handles the investments of those funds. But I can
assure you it is a secure entity and it is following best practices.
COMMISSIONER HILLER: The contract provided for Infinex
Financial Group to be the custodial agent. And that was what was
approved by the Board. And custodial contracts are to be approved by
the Board, and I'm not sure how this entity was selected without any
competitive bid.
So I think -- I'd like the County Attorney to look into the legality
of what was done and to provide information on this entity and inform
me of that.
The other question I have with respect to what's going on is part
of the solicitation was that deposits were supposed to be made -- were
supposed to be credited to our account immediately. And in other
words there shouldn't be a day delay or a two-day delay or anything of
that sort. And it's my understanding, and maybe I'm incorrect and the
information I've received is wrong, but apparently the Brinks is picking
up deposits from various county locations, and please tell me if this is
not correct, it's being deposited first at the Bank of America and then
the next day it's being transferred to the county's account at First
Integrity. So we're not being given immediate credit in our accounts as
was made clear that was necessary as part of our -- not ours, but the
Clerk's solicitation.
CHAIRMAN HENNING: Who is spreading this rumor?
COMMISSIONER HILLER: It's not a rumor, it's just a question.
Is the money --
CHAIRMAN HENNING: No, it's a rumor unless it's facts.
COMMISSIONER HILLER: Let me ask Crystal -- I'm speaking
right now, Commissioner Henning.
MS. KINZEL: Commissioner Hiller, I'm unaware of that
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circumstance. I'd have to check and get back to you.
COMMISSIONER HILLER: Could you get back to me on that
and let me know? If the deposits are going -- you know, if Brinks is
picking it up and it's going directly to First Integrity, confirm --
MS. KINZEL: That's the intent, yes.
COMMISSIONER HILLER: No, I just want to know what's
happening. Thanks.
MS. KINZEL: I'm unaware of an error that would have taken it
to Bank of America, but we'll check.
COMMISSIONER HILLER: Thanks.
Those are just -- those are my only two questions.
I would like to welcome Commissioner Taylor. I think you were
marvelous today. You are a natural. And it's really nice to have you
on board.
COMMISSIONER TAYLOR: Thank you very much.
COMMISSIONER HILLER: And I hope to see you in church.
And I just want you to know the reason I don't go there is because
I got holy dispensation from Father Michael because of my job. And I
think you need to go out and get the same dispensation not to have to
show up and not to feel guilty about it, for what it's worth. It really is a
pleasure and an honor to have you join us.
And we are going to miss Commissioner Coyle. And he did
leave me his voodoo doll. And I have decided to rename it He Who
Shall Not Be Named. And we won't say who that is.
I want to wish everybody a very happy Thanksgiving. Happy
Thanksgiving to staff, to members of this Board and to the whole
community.
COMMISSIONER NANCE: I think you should have to reveal
all the various and sundry people that are giving you dispensation. I'm
a little unnerved by that.
COMMISSIONER HILLER: There's only one person. Well, I'm
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willing to share that with you. There's only one person I got holy
dispensation from and that was Padre. And it was really cool to see
him here today. We go to the same church.
CHAIRMAN HENNING: Are you done?
COMMISSIONER HILLER: Would you like me to be?
CHAIRMAN HENNING: I just want you to be complete.
COMMISSIONER HILLER: I feel whole. I do.
CHAIRMAN HENNING: Now are you done?
COMMISSIONER HILLER: Yes, sir, thank you.
CHAIRMAN HENNING: Welcome.
COMMISSIONER TAYLOR: Thank you very much.
CHAIRMAN HENNING: And I'm looking forward to working
with you for the next two years and the ideas that you bring. We
worked in the past and I'm sure we'll be working well in the future.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Thank you so much.
I too would like to chorus that. Welcome, welcome. It's been a
joy working with you today and I know that we'll all enjoy it in the
future as well.
I have a question and that is I'm considering asking you -- in fact,
I want to ask you all to consider -- I'm back on to the median
landscaping, by the way, back -- I'm not going to give that up.
COMMISSIONER HILLER: Dog with a bone. I mean --
COMMISSIONER FIALA: I continue to receive calls regularly
from different parts. The three main areas I get calls on are 951,
Immokalee Road and Santa Barbara. Those are the three main roads.
Anyway, and so I'd like to see if we couldn't poll the community.
Some inexpensive way. Like I guess there's a polling thing on line that
we could do or some way that our people could come up with a
creative way where it wouldn't cost us much but so that we can poll the
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November 18, 2014
community, would they be willing to pay $12.00 a year on their taxes
to move ahead with median landscaping. And I'd like to get that into
action pretty soon.
So if you don't mind, I'd like to work with staff and see if they
could put something together about that.
COMMISSIONER HILLER: Can I answer that? I have similar
issues in my district. There are certain corridors where people would
like enhanced landscaping and it keeps coming up year after year. And
I guess the question I have is why don't we go back to, you know, if
the communities are willing to establish MSTUs along those corridors.
Because for example, you know, along the Vanderbilt corridor I could
see where there could be, you know, residential coupled with
commercial communities that would appreciate putting together an
MSTU between for example U.S. 41 and Airport Pulling, and fill in
that very empty unattractive looking patch of grass. And especially
that area where, you know, that we get so many tourists going to
Mercado, I could see where there would be a tremendous benefit to
that improvement.
So maybe the solution instead of polling is doing -- is allowing
for these communities to establish their own MSTUs to improve to
whatever degree they want. And, for example, what I had looked into
is having staff come up with various different designs and different
price points. You know, a community might want more, another
community might want, you know, more natural native type of
landscaping and just let them pay accordingly.
COMMISSIONER NANCE: Didn't Nick already provide us with
some options on that? I think Nick --
CHAIRMAN HENNING: That's a policy.
COMMISSIONER HILLER: He did. And that's what I'm saying
is, I mean, that would be -- and those -- that would be like an option
that would give everyone flexibility, whereas if you don't -- if no one
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wants it in your area, you don't have to do it. If they want to limit it to
a degree -- I mean, that was I think the simplest solution, it gave every
district an opportunity to do as much or as little as they wanted.
COMMISSIONER NANCE: We need to go back and look at our
workshop notes.
CHAIRMAN HENNING: Yeah, it is the policy. The present
policy is if the community --just like Radio Road east, if the
community wants that median landscaping, that's when, you know, the
downturn happened, they can create an MSTU. They have an MSTU
and they're paying for their own maintenance on the county's property.
COMMISSIONER TAYLOR: And it's not precedent setting at
all. Because there's one in my district which is Berkshire Lakes, Glen
Eagle's, it's a very large one.
Now just be aware that over -- now, again, it's the degree that you
want it to do, but over 15 years they've spent a million-four.
COMMISSIONER FIALA: Well, there's more than one in your
district. Bayshore is another one that also has their own MSTU.
CHAIRMAN HENNING: There you go. We found a solution.
COMMISSIONER FIALA: But I would like to address -- I
would like to talk with Nick about this and see how best this could
work and because you're going to have -- you know, you're going to
have to have some agreement of-- agreement in -- and maybe a
general landscaping, because you don't want mishmash, right? I mean,
you'd like to have a coordinated effort. And I think, well, like for
instance we'll go to Livingston Road. That's a beautiful piece of
landscaping. And maybe that could be what you go forward with. And
then if people -- and that would be one general what everybody would
pay, and if they want any increase in landscaping, then they could, you
know, pay for that.
CHAIRMAN HENNING: We already set a standard. It's in
place.
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COMMISSIONER HILLER: Livingston is beautiful.
CHAIRMAN HENNING: But actually --
COMMISSIONER FIALA: Did we really set a standard? I
know we discussed it. And then some people said well, we didn't want
this and some people said we want that. Some people had each side of
a road. And so I don't remember coming up with a final standard.
COMMISSIONER HILLER: I don't either.
MR. CASALANGUIDA: Commissioners, you have an adopted
standard right now which was without the street trees. So you have
one now.
COMMISSIONER FIALA: Oh, you mean the one that we did
way back when? That's what you're talking about? Oh, yeah, I loved
that.
MR. CASALANGUIDA: No, it's not the Livingston standard, it's
a more modified one.
COMMISSIONER FIALA: That's right. It's the one that we've
done on Davis Boulevard and U.S. 41 where you had the side trees --
MR. CASALANGUIDA: That's not your standard now, ma'am,
just so you know. That's -- right now you're not doing that anymore.
You're not doing the side trees anymore. You've gone to not the
floratam grass anymore, you've gone to a lower standard.
I think when we talked about it, the challenge was this at your last
workshop and then you had a Board meeting on it, the Board debated it
and it was decided that we would go back to a if a community wanted
it, they could do an MSTU. What Commissioner Fiala expressed to
me was some of these roads are regional roads, they're 951 corridors
and -- versus the little strip between -- on Vanderbilt.
The discussion we had was -- and we had spoke and I said,
Commissioners, the Board's had their meeting, they've already gave us
a decision based on that. I think you're trying to get a consensus from
the community, trying to do some surveys and see if they're willing to
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go back and tax themselves specifically for arterial roadways again.
CHAIRMAN HENNING: Michelle Arnold can help you with
that.
COMMISSIONER FIALA: Well yeah, and she can.
And what I'm thinking of is a whole countywide MSTU by
everybody donating say $12.00 a year -- I'm just picking that out of
thin air. But that way then the landscaping can proceed and everybody
participates, whether they're on a landscaped road. Like I live on
Lakewood Boulevard, I don't live on a landscaped road. U.S. 41 is
landscaped already. That isn't the point. The point is for the overall
affect of what it's going to look like, everybody would participate is
what I'm thinking. We can at least consider that.
So I'll work with Nick and see what we can put together and with
Pam Lulich and then come back to you all with some kind of a plan,
okay? Might take me a little while, but I'll do it.
COMMISSIONER TAYLOR: Is there any kind of notices for an
MSTU you can put in utility bills or whatever specifically geared to
zip codes?
MR. CASALANGUIDA: Sure, we could do that.
COMMISSIONER FIALA: That would be a good thing.
MR. CASALANGUIDA: When you say notice, just --
COMMISSIONER TAYLOR: There's no cost. It could be an
informational meeting workshop and disseminate the information that
way. Specifically for an area that borders let's say Collier Boulevard or
whatever. I'm not suggesting a countywide meeting. That would be
exciting but I don't think doable.
COMMISSIONER FIALA: No, that's what I'm suggesting.
COMMISSIONER TAYLOR: Oh, my goodness. Where would
you put them?
COMMISSIONER FIALA: Countywide medians?
COMMISSIONER TAYLOR: Meeting.
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November 18, 2014
COMMISSIONER FIALA: Oh, meeting. No, no, no. I'm sorry.
Median. Countywide median landscaping is what I'm talking about.
MR. OCHS: If we're talking about an assessment on every
taxpayer? Is that what you're suggesting?
COMMISSIONER FIALA: Yeah.
CHAIRMAN HENNING: The Board has already made that
decision.
MR. OCHS: Just a general fund --
COMMISSIONER FIALA: Yeah, but we can readdress it.
CHAIRMAN HENNING: You're going to work with staff and
bring it back?
COMMISSIONER FIALA: Yeah.
CHAIRMAN HENNING: Okay.
COMMISSIONER NANCE: I'm expecting that staff is also
going to come back with us and address -- they're supposed to be
addressing signs. And one of the elements that we have problems with
signs are these street trees that we decided we were going to put
everywhere that impedes the view of shopping centers which causes
people to want to cut down the trees in the shopping center which
makes everybody grumpy. So we've got that.
And somehow, and I don't know who authorized what but we're
continuing to install trees around water retention areas. They're going
up every day. And I don't know who's authorizing that. But I would
much rather see landscaping put in for Commissioner Fiala than to see
us planting trees around water retentions that don't need to be
landscaped out in the middle of nowhere. So I don't know who's doing
that, but we need to talk about that.
COMMISSIONER FIALA: Now, water retention areas, like on
U.S. 41?
COMMISSIONER NANCE: I've got water retention areas out in
the middle of the Estates and all of a sudden all around these water
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November 18, 2014
retention areas people are staking trees and putting trees in when the
whole area around is native. I got no idea what it is we're enhancing.
CHAIRMAN HENNING: I've got a chain saw you can borrow.
COMMISSIONER NANCE: Well, we're enhancing the forest,
you know. The forest is good. God takes care of it at no cost to the
taxpayer.
CHAIRMAN HENNING: Do you have anything else,
Commissioner Fiala?
COMMISSIONER FIALA: No, that's it. Thank you.
Thanks for a good meeting.
CHAIRMAN HENNING: No, thank you for your controlling my
buttons over here.
COMMISSIONER FIALA: That's these buttons.
CHAIRMAN HENNING: Commissioner Taylor?
COMMISSIONER TAYLOR: One thing warm and fuzzy, one
thing not so warm and fuzzy.
I was looking at the wall space that we have in our offices and in
the hallway and wondered if the Commissioners would have a
consensus to contact the art groups throughout the county to see if they
want to do rotating --
COMMISSIONER HILLER: I wanted to do that, and oh, my
God, I almost got slaughtered for that recommendation.
I wanted to do that. I wanted -- when we were decorating and I
actually suggested that, I think -- I can't remember, I'm not sure if
Brent Batten crucified me in an email or if he actually crucified me in
an article. But I have wanted to do that forever. And what I had
thought of was basically an art in public places project to ask local
artists to hang their art and do rotating galleries, which I think would
be wonderful.
The other alternative would be to see if an artist, for example like
Clyde Butcher, would allow to us hang, you know, works of his art
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instead of doing a rotating collection. But I thought Clyde Butcher art,
you know, up and down these halls, given that we now have a more
modern design, would absolutely be wonderful. But the idea would be
to do local art.
COMMISSIONER TAYLOR: You know, we have art
organizations on Marco, I think there might be one in Everglades City.
I'm sure there's one --
COMMISSIONER NANCE: I think we should ask new
Commissioner Taylor to be our art liaison.
COMMISSIONER HILLER: I think that's a great idea.
COMMISSIONER NANCE: Since there's many artists in her
district, maybe she can prevail upon them to help us improve our
image.
COMMISSIONER TAYLOR: Well, what I'd like to do is ask the
Commissioners to recommend, if you would, recommend the
organization to contact. We'll contact them and see if we can't get
some kind of schedule going. It's a wonderful opportunity and we
can't even --
COMMISSIONER FIALA: And maybe some don't have
organizations, like Phil Fisher, for instance, yet he's got -- or Paul
Arsenault. Wonderful art but, you know, they're just one of their kind,
you know.
COMMISSIONER HILLER: Absolutely. I think we should start
an art in public places program. And this would be our -- you know,
you basically would do it, for example, take this building and just get,
you know, rotating art like you suggest. And I think it would be a
great way to exhibit, you know, the local talent we have and at the
same time introducing the public to all these people. I think it's
absolutely -- but like I said, I'm pretty sure I was crucified over that.
That's okay, I'm used to it.
CHAIRMAN HENNING: Ask Brett Batten to bring it back to
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us.
COMMISSIONER HILLER: Actually, yeah, he's the ex officio
commissioner, isn't he?
COMMISSIONER NANCE: He's one of those people you need
dispensation from, actually.
COMMISSIONER HILLER: You mean if we have to dispense
with him? I agree. That's my definition of dispensation.
COMMISSIONER TAYLOR: One more thing. We have an
item coming before us which is the RaceTrac issue in December. And
I would like to -- and I'm not sure the procedure, I don't know if I ask
our County Attorney or our County Manager, I'd like an opinion from
the planning department to interpret the ordinance on -- that establishes
gas stations to determine if it is property line to property line or pump
to pump.
CHAIRMAN HENNING: Okay.
COMMISSIONER TAYLOR: I'd like that to come back at our
next meeting.
CHAIRMAN HENNING: So Commissioner Taylor is asking for
an official interpretation from our Land Development Code to our
planning manager. I don't see any reason why we can't take a vote on
that.
Is there a second to that? Commissioner Fiala seconds the
motion.
COMMISSIONER FIALA: Yes.
MR. CASALANGUIDA: Just FYI, Commissioners, Ray has
already not officially opined but he's certainly put as an official
through the County Manager's that it is property line to property line.
COMMISSIONER TAYLOR: Can we get that --
MR. OCHS: We'll produce it at the next meeting.
COMMISSIONER TAYLOR: That's good. As an agenda item.
MR. OCHS: Yes.
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November 18, 2014
MR. KLATZKOW: Well, get direction on that. I'm afraid you
may have an appeal with this gas station, so just to --
COMMISSIONER TAYLOR: So take a vote?
MR. KLATZKOW: No, if you can just give them direction to
come back with that.
CHAIRMAN HENNING: Yeah, the Board of Commissioners is
wishing for an official interpretation by county staff to bring this back
on whether it's from pump to pump or property line to property line in
the gas stations.
COMMISSIONER FIALA: At the December 9th meeting.
CHAIRMAN HENNING: For the December 9th meeting.
COMMISSIONER TAYLOR: Do we need to take a vote --
CHAIRMAN HENNING: No.
COMMISSIONER TAYLOR: -- County Manager?
CHAIRMAN HENNING: It's a consensus, right?
MR. KLATZKOW: I just saw five heads go up and down.
CHAIRMAN HENNING: That's a consensus.
COMMISSIONER TAYLOR: Maybe we should take a vote just
in case?
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN HENNING: Anything else?
COMMISSIONER FIALA: Happy Thanksgiving, everyone.
COMMISSIONER HILLER: Yes, Happy Thanksgiving.
CHAIRMAN HENNING: Entertain a motion to adjourn.
COMMISSIONER HILLER: Motion to adjourn.
COMMISSIONER FIALA: Motion to adjourn.
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November 18, 2014
CHAIRMAN HENNING: Happy Thanksgiving.
*****
**** Commissioner Henning 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
OFFSITE REMOVAL OF UP TO 10,500 CUBIC YARDS OF
EXCESS FILL FROM COLLIER AREA TRANSIT'S PASSENGER
TRANSFER FACILITY (CAT), COMMERCIAL EXCAVATION
PERMIT EXP-PL20140002163 — FOR A LAKE EXCAVATION
AT THE PROJECT SITE; RUNNING ROUGHLY (12) TRUCKS
AN HOUR WITH AN ESTIMATED 750 LOADS FOR A ROUTE
THAT BEGINS AT THE RADIO ROAD FACILITY, TURNING
EAST ONTO SANTA BARBARA BOULEVARD, NORTH ONTO
GOLDEN GATE PARKWAY, WEST ON LIVINGSTON ROAD
AND ENDING AT A FILL SITE ON ORCHID RUN; RETURNING
ON LIVINGSTON ROAD THEN SOUTH ONTO RADIO ROAD
Item #16A2
RESOLUTION 2014-232: FINAL ACCEPTANCE OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS, AND
ACCEPTANCE OF PLAT DEDICATIONS FOR THE FINAL
PLAT OF LAKOYA (AR-12021) AND AUTHORIZE RELEASE
OF THE MAINTENANCE SECURITY IN THE AMOUNT OF
$248,723.75 — ENGINEERING SERVICES HAS INSPECTED
THE IMPROVEMENTS AND RECOMMENDS FINAL
Page 240
November 18, 2014
ACCEPTANCE
Item #16A3
RESOLUTION 2014-233: FINAL ACCEPTANCE OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS, AND
ACCEPTANCE OF PLAT DEDICATIONS FOR THE FINAL
PLAT OF VALENCIA LAKES PHASE 5-A (AR-4205) AND
AUTHORIZE RELEASE OF THE MAINTENANCE SECURITY
IN THE AMOUNT OF $94,956. 13 — WITHIN THE ORANGETREE
PUD WHICH INCLUDES VALENCIA LAKES, PHASE 5-A HAS
BEEN FOUND TO BE IN SUBSTANTIAL COMPLIANCE
Item #16A4
RESOLUTION 2014-234: FINAL ACCEPTANCE OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS, AND
ACCEPTANCE OF PLAT DEDICATIONS FOR THE FINAL
PLAT OF VALENCIA LAKES PHASE 7-A (AR-5749) AND
AUTHORIZE RELEASE OF THE MAINTENANCE SECURITY
IN THE AMOUNT OF $56,919.00 — THE ORANGETREE PUD
WHICH ENCOMPASSES VALENCIA LAKES — PHASE 7-A HAS
BEEN FOUND TO BE IN SUBSTANTIAL COMPLIANCE
Item #16A5
RESOLUTION 2014-235: FINAL ACCEPTANCE OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE
FINAL PLAT OF SUMMIT PLACE IN NAPLES, PHASE II (AR-
6955) AND AUTHORIZE ACCEPTANCE OF PLAT
DEDICATIONS AND RELEASE OF THE MAINTENANCE
Page 241
November 18, 2014
SECURITY (PERFORMANCE BOND) IN THE AMOUNT OF
$182,800.58 — ENGINEERING SERVICES HAS INSPECTED THE
IMPROVEMENTS AND RECOMMENDS FINAL ACCEPTANCE
Item #16A6
RECORDING THE FINAL PLAT OF BREEZE OF CALUSA,
(PL20130001575) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT,
APPROVAL OF THE PERFORMANCE SECURITY AND
ACCEPTING AN OFF-SITE DONATION OF MITIGATING
PRESERVE LAND PURSUANT TO SECTION 3.05.07 H. 1 OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
(COMPANION TO #16E9) — THE DEVELOPER IS DONATING
1 .14 ACRES OF PRESERVE LAND TO SATISFY PRESERVE
REQUIREMENTS AND WILL PROVIDE A CASH PAYMENT
FOR LAND MANAGEMENT SUBJECT TO ORDINANCE
2014-38, ADOPTED BY THE BOARD ON OCTOBER 28, 2014
Item #16A7
RECORDING THE FINAL PLAT OF BENT CREEK PRESERVE
PHASE 2 (PL20140001345), APPROVAL OF THE STANDARD
FORM CONSTRUCTION AND MAINTENANCE AGREEMENT
AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY — W/STIPULATIONS
Item #16A8
RECORDING THE FINAL PLAT OF CORSICA AT TALIS PARK,
(PL20140001402), APPROVAL OF THE STANDARD FORM
Page 242
November 18, 2014
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY — W/STIPULATIONS
Item #16A9
RECORDING THE FINAL PLAT OF OYSTER HARBOR AT
FIDDLER'S CREEK PHASE 1, (APPLICATION NUMBER
PL20140001944) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY— W/STIPULATIONS
Item #16A10
CLERK OF COURT'S RELEASE OF PERFORMANCE BOND
NO. 929558792 IN THE AMOUNT OF $25,000 WHICH WAS
POSTED AS A GUARANTY FOR EXCAVATION PERMIT
NUMBER 60.083, (PL20120002276) FOR WORK ASSOCIATED
WITH THE DUNES — ASSOCIATED WORK WAS INSPECTED
AND THE DEVELOPER HAS FULFILLED COMMITMENTS
Item #16A11
FINAL ACCEPTANCE OF WATER AND SEWER UTILITY
FACILITIES FOR ACQUA DI TREVISO, PL20120002489, AND
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE UTILITIES PERFORMANCE SECURITY
(UPS) AND FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $38,832.15 TO THE PROJECT ENGINEER OR THE
DEVELOPER'S DESIGNATED AGENT — LOCATED WITHIN
Page 243
November 18, 2014
TREVISO BAY
Item #16Al2
FINAL ACCEPTANCE OF A PRIVATELY OWNED UTILITY
FACILITY FOR GRANADA SHOPPES - CHUCK E. CHEESE,
PL#20130001893, AND AUTHORIZE THE COUNTY MANAGER,
OR HIS DESIGNEE, TO RELEASE A UTILITY PERFORMANCE
SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE
TOTAL AMOUNT OF $5,675.25 TO THE PROJECT ENGINEER
OR DEVELOPER'S DESIGNATED AGENT — ASSOCIATED
WORK RECEIVED STAFF'S PRELIMINARY ACCEPTANCE IN
SEPTEMBER, 2013 AND THE DEVELOPER HAS FULFILLED
HIS COMMITMENT WITH RESPECT TO THIS SECURITY
Item #16A13
PARTIAL RELEASE OF A CODE ENFORCEMENT LIEN WITH
AN ACCRUED VALUE OF $12,084.06, FOR PAYMENT OF
$2,284.06, IN CODE ENFORCEMENT ACTION ENTITLED
BOARD OF COUNTY COMMISSIONERS V. ANDREW D.
CLARKE AND SANDRA ANN JONES, CODE ENFORCEMENT
SPECIAL MAGISTRATE CASE NO. CEPM20130010878,
RELATING TO PROPERTY AT 6123 MANCHESTER PLACE,
COLLIER COUNTY, FLORIDA — A LIEN FOR POOL CODE
VIOLATIONS AT 812 GRAND RAPIDS BLVD; THE PARTIAL
RELEASE IS FOR PROPERTY WITH NO CODE VIOLATIONS
INHERITED BY ANDREW CLARKE THAT IS CURRENTLY
UNDER CONTRACT BUT IS ENCUMBERED BY THE LIEN ON
HIS PROPERTY AT 812 GRAND RAPIDS BLVD.
Page 244
November 18, 2014
Item #16A14
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $20,612.47, FOR PAYMENT OF $562.47,
IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS V. JOHN M. FERNER, CODE
ENFORCEMENT SPECIAL MAGISTRATE CASE NO.
CEPM20110012778, RELATING TO PROPERTY AT 789 107TH
AVENUE N., COLLIER COUNTY, FLORIDA — VIOLATIONS
THAT INCLUDE A BROKEN GARAGE DOOR, WINDOWS
AND DEGRADED SOFFIT; FOLLOWING FORECLOSURE IN
2012 THE PROPERTY WAS BROUGHT INTO COMPLIANCE
BY NATIONSTAR MORTGAGE AND SOLD IN JANUARY, 2014
Item #16A15
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $199,000, FOR PAYMENT OF $54,500,
IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS V. NORMAN C. PARTINGTON
CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO.
CEPM20120003671, RELATING TO PROPERTY AT 5761
GOLDEN GATE PARKWAY, COLLIER COUNTY, FLORIDA —
A REQUEST BY DEUTSCHE BANK NAT'L TRUST FOR CODE
VIOLATIONS THAT INCLUDED AN UNSECURED PROPERTY,
BROKEN WINDOWS AND DAMAGED EXTERIOR DOORS
BROUGHT INTO COMPLIANCE SEPTEMBER 5, 2014
FOLLOWING FORECLOSURE
Item #16A16
Page 245
November 18, 2014
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $399,000, FOR PAYMENT OF $450.00,
IN CODE ENFORCEMENT ACTION ENTITLED BOARD OF
COUNTY COMMISSIONERS V. AMG PROPERTIES, INC.,
CODE ENFORCEMENT BOARD CASE NO. 2007090454,
RELATING TO PROPERTY AT 3831 ARNOLD AVENUE,
COLLIER COUNTY, FLORIDA — THE RESULT OF CODE
VIOLATIONS THAT INCLUDED NEW CONSTRUCTION AND
REMODELING A STEEL FRAME BUILDING WITHOUT THE
REQUIRED PERMITS REQUESTED BY THE PRESIDENT OF
AMG PROPERTIES, INC., JOSE GARCIA, WHO PURCHASED
THE PROPERTY IN 1997 UNAWARE OF PRIOR VIOLATIONS
AND HAS SPENT OVER $100,000 TO MEET COMPLIANCE
Item #16A17
A MEDIATED SETTLEMENT AGREEMENT FOR PAYMENT
OF $125,000 PLUS FEES AND COSTS FOR THE TAKING OF
PARCEL 112FEE IN THE CASE STYLED COLLIER COUNTY V.
NEW PLAN FLORIDA HOLDINGS, LLC, FOR US41/COLLIER
BOULEVARD INTERSECTION IMPROVEMENT PROJECT
#60116 — AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16A18
AGREEMENT NO. 4600003150 WITH THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT FOR CONTINUED
COLLECTION OF GROUND WATER QUALITY SAMPLES IN
COLLIER COUNTY — A TIME PERIOD DECEMBER 1, 2014
THRU NOVEMBER 30, 2015 FOR COUNTY STAFF TO
MONITOR AND COLLECT DATA FROM 45 GROUND WATER
Page 246
November 18, 2014
SITES TO USE IN THE DEVELOPMENT OF GROUNDWATER
MANAGEMENT STRATEGIES FOR BIG CYPRESS BASIN AND
INVESTIGATE EFFECTS OF LAND USE ON GROUND WATER;
SFWMD WILL REIMBURSE THE COUNTY UP TO $75,000
Item #16A19
RESOLUTION 2014-236: REMOVING 42 TRANSACTIONS
FROM THE GROWTH MANAGEMENT DEPARTMENT AND
AIRPORT AUTHORITY'S ACTIVE ACCOUNT RECEIVABLES,
FINDING FUNDS IN THE AMOUNT OF $3,175.72 ARE NOT
COLLECTIBLE AND REQUIRE REMOVAL FROM COUNTY
FINANCIAL RECORDS
Item #16A20
RESOLUTION 2014-237: AMENDING RESOLUTION 2009-302,
RELATING TO THE STEWARDSHIP SENDING AREA WITH
THE DESIGNATION "BCI/BCP/SI SSA 13"; APPROVING THE
EXTENSION OF CERTAIN DATES TO DECEMBER 15, 2017 IN
THE STEWARDSHIP SENDING AREA CREDIT AGREEMENT
FOR BCI/BCP/SI SSA 13 AND ESCROW AGREEMENT FOR
BCI/BCP/SI SSA 13
Item #16A21
REMOVING VOLUNTEER GROUP NAPLES SAFE DRIVING
ACADEMY, A SPONSOR FROM THE ADOPT-A-ROAD
PROGRAM FOR A ROADWAY SEGMENT ON AIRPORT ROAD
FROM GOLDEN GATE PARKWAY TO RADIO ROAD TO
ALLOW THIS PORTION OF ROADWAY TO BE AVAILABLE
Page 247
November 18, 2014
FOR ADOPTION — ON OCTOBER 10, 2014 THE GROUP
NOTIFIED ROAD MAINTENANCE THAT THEY ARE NO
LONGER ABLE TO PARTICIPATE AT THIS TIME
Item #16A22
AN ADOPT-A-ROAD AGREEMENT NAME CHANGE TO
REPLACE THE EXISTING AGREEMENT WITH LORI YOUNG
FLORIDA HOME REALTY WITH THE VOLUNTEER GROUP
YOUNG REALTY GROUP FOR A SEGMENT OF ROAD ON
AIRPORT PULLING ROAD FROM GOLDEN GATE PARKWAY
TO CLUBHOUSE DRIVE AND TWO (2) SIGNS FOR A TOTAL
COST OF $60
Item #16A23
AWARD CONTRACT #14-6212, "ANNUAL CONTRACT FOR
BRIDGE REPAIRS AND MAINTENANCE" TO QUALITY
ENTERPRISES USA, INC. AND WRIGHT CONSTRUCTION
GROUP, INC. AND AUTHORIZE THE CHAIRMAN TO
EXECUTE STANDARD AGREEMENTS AFTER COUNTY
ATTORNEY APPROVAL ON BEHALF OF THE BOARD — FOR
A PERIOD OF ONE (1) YEAR WITH (3) ADDITIONAL 1-YEAR
RENEWALS AND APPROXIMATE ANNUAL EXPENDITURES
OF $500,000
Item #16A24
TWO FULL TIME POSITIONS WITHIN THE GROWTH
MANAGEMENT DIVISION'S TRANSPORTATION
ENGINEERING DEPARTMENT, WITH THE CLASSIFICATION
Page 248
November 18, 2014
TITLE OF INSPECTOR AND AUTHORIZE THE NECESSARY
BUDGET AMENDMENT (FISCAL IMPACT: $220,000) — AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16A25
A DONATION OF BETWEEN 10,000-15,000 CUBIC YARDS OF
BEACH QUALITY SAND FROM MARCO ISLAND MARRIOTT
TO USE IN MARCO ISLAND'S CENTRAL BEACH RE-GRADE
PROJECT BETWEEN TIGERTAIL BEACH AND THE MARCO
MARRIOTT HOTEL SCHEDULED AFTER NOVEMBER 1, 2015
— MARCO MARRIOTT PLANS TO START A RENOVATION
PROJECT BETWEEN MAY AND SEPTEMBER IN 2015 ON THE
SOUTH END OF THEIR PROPERTY GENERATING SAND
THAT COULD BE USED FOR THE PROJECT ASSUMING THE
MATERIAL IS BEACH QUALITY AND SCHEDULES AND
PERMITS CAN BE COORDINATED
Item #16A26
CHANGE ORDER NO. 2 TO PURCHASE ORDER #45-151465,
UNDER CONTRACT #14-6256, WITH ATKINS NORTH
AMERICAN, INC., AUTHORIZE EXPENDITURE OF TOURIST
DEVELOPMENT CATEGORY "A" TAX FUNDS TO PROVIDE
ENGINEER OF RECORD AND CEI SERVICES FOR NAPLES
BEACH RENOURISHMENT PROJECT #195-90038 IN THE
AMOUNT OF $24,648.68, AUTHORIZE THE NECESSARY
BUDGET AMENDMENT AND MAKE A FINDING THAT THIS
ITEM PROMOTES TOURISM — BRINGING THE TOTAL
CONTRACT AMOUNT TO $129,952.68
Page 249
November 18, 2014
Item #16A27
THE PROPOSAL FROM CB&I COASTAL PLANNING &
ENGINEERING DATED OCTOBER 22, 2014 FOR A CREEK
FEASIBILITY ANALYSIS, APPROVE A WORK ORDER UNDER
CONTRACT #13-6164-CZ IN A NOT TO EXCEED AMOUNT OF
$59,807.44, AUTHORIZE NECESSARY BUDGET AMENDMENT
AND MAKE A FINDING THIS ITEM PROMOTES TOURISM —
TO ANALYZE COASTAL PROCESSES AT COLLIER CREEK'S
ENTRANCE TO BIG MARCO/CAPRI PASS TO IDENTIFY
PROBLEMS AND POTENTIAL SOLUTIONS WITH THE GOAL
OF REDUCING EROSION FORCES CAUSED BY EXISTING
CURRENT PATTERNS AND IMPROVING NAVIGATION
Item #16A28
A MODIFICATION TO FLORIDA DIVISION OF EMERGENCY
MANAGEMENT (FDEM) SUBGRANT AGREEMENT HMGP
#1785-027-R, TO EXTEND THE COMPLETION DEADLINE TO
AUGUST 31, 2015, IN CONNECTION WITH LELY AREA
STORMWATER IMPROVEMENT PROJECT (LASIP)/CROWN
POINTE (LOCH LOUISE WEIR) AND HALDEMAN CREEK
WEIR REPLACEMENTS, PROJECT #51101 — AS DETAILED IN
THE EXECUTIVE SUMMARY
Item #16A29
AN ADOPT-A-ROAD PROGRAM AGREEMENT WITH
VOLUNTEER GROUP MAKARA & ASSOCIATES, LLC. FOR A
SEGMENT OF ROAD ON ORANGE BLOSSOM DRIVE FROM
GOODLETTE FRANK ROAD TO AIRPORT PULLING ROAD,
Page 250
November 18, 2014
AND TWO (2) RECOGNITION SIGNS FOR A COST OF $60.00
Item #16A30
ACKNOWLEDGING AND APPROVING THE "HITS
TRIATHLON SERIES" EVENT TAKING PLACE IN COLLIER
COUNTY JANUARY 10-11, 2015, INCLUDING ACTIVITIES
DURING THE EVENING — PROMOTERS ANTICIPATE OVER
1,000 PARTICIPANTS FOR THE EVENT THAT CONSISTS OF
UP TO 2.4 MILES OF SWIMMING, 112 MILES OF CYCLING
AND 26.2 MILES OF RUNNING AND MAY LAST AS LATE AS
MIDNIGHT TO COMPLETE THE ACTIVITIES
Item #16A31
THE PROPOSED LIST OF TENTATIVE LAND DEVELOPMENT
CODE AMENDMENTS FOR TWO 2015 LDC AMENDMENT
CYCLES — AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16A32
A LIST OF PROPOSED PROJECTS TO BE SUBMITTED FOR
THE FY 2016 SOUTH FLORIDA WATER MANAGEMENT
DISTRICT COOPERATIVE FUNDING PROGRAM — FOR
STORMWATER, WATER SUPPLY, ALTERNATIVE WATER
SUPPLY AND WATER CONSERVATION PROJECT FUNDING
SUBJECT TO APPROVAL EVERY YEAR BY THE GOVERNOR
AND FLORIDA LEGISLATURE
Item #16B1
Page 251
November 18, 2014
BOARD OF COUNTY COMMISSIONERS (BCC) ACTING IN ITS
CAPACITY AS COMMUNITY REDEVELOPMENT AGENCY
(CRA) BOARD APPROVE A BUDGET AMENDMENT TO THE
COLLIER COUNTY COMMUNITY REDEVELOPMENT
AGENCY-IMMOKALEE (CRA) FUND (186) BUDGET THAT
REESTABLISHES FUNDING FOR THE CRA'S COMMERCIAL
FACADE IMPROVEMENT GRANT PROGRAM IN THE
AMOUNT OF $20,000 TO COVER A PREVIOUSLY APPROVED
GRANT COMMITMENT — FUNDS WERE TO BE PAID TO
IMMOKALEE RESTAURANT KOUNTRY KITCHEN UPON
COMPLETION OF IMPROVEMENTS BUT INSTEAD WERE
SWEPT INTO PROGRAM RESERVES AT THE END OF THE
PRIOR FY BUDGET
Item #16B2
CRA RESOLUTION 2014-238: MEMORIALIZING THE CRA'S
INTENT TO PARTNER WITH SWFL REGIONAL PLANNING
COUNCIL AND GLADES AND HENDRY COUNTIES IN THE
APPLICATION FOR THE DESIGNATION OF A FEDERAL
RURAL PROMISE ZONE AIMED AT REVITALIZING HIGH-
POVERTY COMMUNITIES ACROSS THE COUNTRY BY
CREATING JOBS, INCREASING ECONOMIC ACTIVITY,
IMPROVING EDUCATIONAL OPPORTUNITIES, REDUCING
CRIME, LEVERAGING PRIVATE CAPITAL AND ASSISTING
LOCAL LEADERS IN NAVIGATING FEDERAL PROGRAMS
Item #16C1
A WORK ORDER UNDER CONTRACT #14-6213-9 WITH
QUALITY ENTERPRISES USA, INC. IN THE AMOUNT OF
Page 252
November 18, 2014
$549,253.95 FOR THE FIRST PHASE OF LIVINGSTON ROAD
FORCE MAIN TECHNICAL SUPPORT PROJECT NO. 70044 —
THE PROJECT FROM RADIO TO IMMOKALEE ROAD WILL
BE DONE IN PHASES; PHASE 1, KNOWN AS ORCHID RUN
PHASE, IS BEING DONE FIRST TO COINCIDE WITH
CONSTRUCTION OF THE ORCHID RUN APARTMENTS
DIRECTLY ADJACENT TO THIS PART OF THE FORCE MAIN
Item #16C2
CONTRACT #13-6064 CHANGE ORDER NO. 1 WITH
WOOLPERT, INC., IN THE AMOUNT OF $208,960 AND
ADDING 162 DAYS FOR "ASSET MANAGEMENT SOFTWARE
AND CONSULTING," PROJECT NO. 50105
Item #16D1
AN AGREEMENT WITH THE AQUATIC BOOSTERS D/B/A
SWIM FLORIDA FOR A COMPETITIVE SWIMMING
PROGRAM AT GOLDEN GATE AQUATIC CENTER — A TWO
YEAR AGREEMENT BETWEEN SWIM FLORIDA AND PARKS
AND REC FOR A PROGRAM PROVIDED BY SWIM FLORIDA
THAT WILL BE OPEN TO ALL INTERESTED AND QUALIFIED
SWIMMERS AND WHO WILL PAY A FEE OF $12.00 PER
MONTH FOR EACH PARTICIPANT TO USE THE FACILITY
Item #16D2
AGREEMENT #12-5944, AMENDMENT NO. 1 WITH COLLIER
COUNTY CHILD ADVOCACY COUNCIL, INC. TO PROVIDE
MANDATED SERVICES IDENTIFIED UNDER SECTION
Page 253
November 18, 2014
39.304(5), FLORIDA STATUTES — REMOVING CCCAC'S
REQUIREMENT TO SEEK REIMBURSEMENT FROM A
PARENT, LEGAL GUARDIAN OR LEGAL CUSTODIAN FOR
COSTS RELATED TO INITIAL FORENSIC PHYSICAL
EXAMS/MEDICAL CONSULTATIONS FOR ALLEGED
ABUSED, NEGLECTED, OR ABANDONED CHILDREN,
PROHIBITS DIRECT BILLING FOR THE VICTIM AND
CLARIFIES LANGUAGE AND PAYMENT DOCUMENTATION
Item #16D3
SELECTION COMMITTEE RANKINGS AND NEGOTIATIONS
WITH VICTOR J. LATAVISH ARCHITECT, PA FOR
CONTRACT #14 -6338, "EAGLE LAKES COMMUNITY PARK
POOL DESIGN SERVICES" — FOR DESIGN & ENGINEERING
FOR THE CONSTRUCTION OF THE EAGLE LAKES
COMMUNITY PARK POOL (PROJECT NO. 80286)
Item #16D4
SUBSTANTIAL AMENDMENTS TO THE U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT COMMUNITY
DEVELOPMENT BLOCK GRANT FY2011-2012, FY2012-2013,
FY2013-2014 AND FY2014-2015 ANNUAL ACTION PLANS TO
REALLOCATE UNSPENT FUNDS AND APPROVE A $479,000
SUBRECIPIENT AGREEMENT FOR YOUTH HAVEN'S SAFE
AND SECURE HOME FOR COLLIER YOUTH PHASE II AND III
PROJECT AND AMEND THE SUBRECIPIENTAGREEMENT
FOR THE GOODWILL INDUSTRIES MICROENTERPRISE
PROGRAM — AS DETAILED IN THE EXECUTIVE SUMMARY
Page 254
November 18, 2014
Item #16D5
SUBSTANTIAL AMENDMENT TO THE U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT COMMUNITY
DEVELOPMENT BLOCK GRANT FY2014-2015 HUD ANNUAL
ACTION PLAN AND APPROVE A SUBRECIPIENT
AGREEMENT AMENDMENT INCREASING THE EXISTING
AGREEMENT $94,685 FOR A TOTAL OF $175,144 FOR CITY
OF NAPLES INTERSECTION IMPROVEMENTS
Item #16D6
AMENDMENT #0002 TO THE CRIMINAL JUSTICE, MENTAL
HEALTH AND SUBSTANCE ABUSE REINVESTMENT GRANT
AGREEMENT WITH THE DEPARTMENT OF CHILDREN AND
FAMILIES AND AN ASSOCIATED SUBRECIPIENT
AGREEMENT WITH NAMI OF COLLIER COUNTY, INC. TO
REFLECT A STAFFING CHANGE TO SUPPORT A .75 PEER
COUNSELOR POSITION PROVIDED BY NAMI OF COLLIER
COUNTY AND TO ADD STATE AND FEDERAL LAWS, RULES
AND REGULATIONS
Item #16D7
COLLIER AREA TRANSIT'S BUS STOP AMERICANS WITH
DISABILITIES ACT ASSESSMENT — TINDALE OLIVER AND
ASSOCIATES CONDUCTED AN INVENTORY AND ASSESSED
BUS STOPS IN COLLIER COUNTY TO EVALUATE MOBILITY
BARRIERS AND COMPLETED AN IMPLEMENTATION AND
FINANCIAL PLAN WITH IMPROVEMENT COSTS ESTIMATED
AT $3,538,200 THAT WILL BE USED BY STAFF AS A GUIDE
Page 255
November 18, 2014
FOR PLANNING BUS STOP AND FACILITY IMPROVEMENTS
Item #16D8
FOURTH AMENDMENT TO AGREEMENT WITH IMMOKALEE
COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC
DEVELOPMENT ASSISTANCE PROJECT TO EXTEND THE
COMPLETION DATE AND UPDATE REIMBURSEMENT
LANGUAGE — AMENDING THE IMMOKALEE BUSINESS
DEVELOPMENT CENTER (IBDC) PROJECT TO EXTEND THE
NOVEMBER 30, 2014 COMPLETION DATE TO MAY 31, 2015
AND UPDATE THE TERMS OF REIMBURSEMENT
Item #16D9
AWARDING INVITATION TO BID (ITB) #15-6360 FOR
FITNESS EQUIPMENT REPAIR AND PURCHASE TO TROPIC
GYM TECH, LLC.
Item #16D10
COLLIER COUNTY UNIVERSITY EXTENSION DEPARTMENT
REQUEST FOR FUNDING FROM THE COLLIER COUNTY 4-H
ASSOCIATION IN THE AMOUNT OF $82,000; APPROVE
SUBSEQUENT ACCEPTANCE OF REQUESTED FUNDS;
AUTHORIZE THE CHAIRMAN TO SIGN A MEMORANDUM
OF UNDERSTANDING WITH THE 4-H ASSOCIATION; AND
AUTHORIZE THE NECESSARY BUDGET AMENDMENT
Item #16D11
Page 256
November 18, 2014
BUDGET AMENDMENTS TO REFLECT ESTIMATED
FUNDING FOR THE CALENDAR YEAR 2015 OLDER
AMERICANS ACT PROGRAMS (FISCAL IMPACT: $807,677)
Item #16D12
RECOGNIZING CARRY FORWARD FROM ACCRUED
INTEREST IN THE AMOUNT OF $388. 17 FROM STATE AID TO
LIBRARY GRANTS REVENUE AND APPROPRIATING FUNDS
FOR EXPENDITURE ON LIBRARY MATERIALS, SERVICES
AND EQUIPMENT
Item #16D13
A CRIMINAL JUSTICE MENTAL HEALTH & SUBSTANCE
ABUSE REINVESTMENT GRANT MEMORANDUM OF
UNDERSTANDING WITH SEVERAL COMMUNITY
PARTNERS TO MEET A GRANTOR COMPLIANCE
REQUIREMENT — AN MOU TO MAINTAIN COMPLIANCE
WITH DEPARTMENT OF CHILDREN AND FAMILIES (DCF)
BETWEEN COLLIER COUNTY, SHERIFF'S OFFICE/CORIZON,
DAVID LAWRENCE CENTER, NAMI OF COLLIER COUNTY
AND HUNGER AND HOMELESS COALITION OF COLLIER
COUNTY TO OUTLINE PLANNING STRATEGIES AND
IDENTIFY HOUSING ALTERNATIVES FOR THOSE AT RISK
OF MENTAL ILLNESS & SUBSTANCE ABUSE
Item #16E1
RECOGNIZING AND APPROPRIATING FP&L REBATES AND
Page 257
November 18, 2014
VENDOR REIMBURSEMENTS FOR AIR CONDITIONER
MAINTENANCE PROJECTS (52162) WITHIN COUNTY-WIDE
CAPITAL PROJECTS FUND (301) — APPROPRIATING
REVENUE IN THE AMOUNT OF $186,211.24
Item #16E2
AWARD ITB #14-6350 "PLUMBING CONTRACTORS" TO BC
PLUMBING SERVICE OF SOUTHWEST FLORIDA, INC. AS
PRIMARY VENDOR AND SHAMROCK PLUMBING AND
MECHANICAL, INC. AS SECONDARY VENDOR FOR
PLUMBING SERVICES AND AUTHORIZE THE CHAIRMAN
TO EXECUTE THE CONTRACTS
Item #16E3
RATIFY PROPERTY, CASUALTY, WORKER COMPENSATION
AND SUBROGATION CLAIM FILES SETTLED AND/OR
CLOSED BY THE RISK MANAGEMENT DIRECTOR
PURSUANT TO RESOLUTION #04-15 FOR FY 14 FOURTH
QUARTER — AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16E4
RECOGNIZING CARRY-FORWARD FOR ACCRUED
INTEREST EARNED BY EMS COUNTY GRANT REVENUE
AND APPROPRIATING FUNDS IN THE AMOUNT OF $47.71
Item #16E5
AWARD BID #14-6253, COMMUNICATION SERVICES, TO
Page 258
November 18, 2014
AZTEK COMMUNICATION OF SOUTH FLORIDA, INC.
Item #16E6
FOUR (4) FIRST FLORIDA INTEGRITY BANK AGREEMENTS
FOR CONTRACT #2014-001, MASTER BANKING SERVICES,
ACCEPT THE ELECTRONIC BANKING TERMS AND
CONDITIONS AGREEMENT, AND AUTHORIZE THE
CHAIRMAN TO EXECUTE THESE COUNTY ATTORNEY
REVIEWED DOCUMENTS
Item #16E7
AMENDMENT #3 TO A LEASE AGREEMENT WITH NAPLES
ZOO, INC. REDEFINING THE LEASED AREA TO INCLUDE
AN EXPANDED 8.5 ACRE PRIMARY PARKING AREA
Item #16E8
SECOND AMENDMENT TO A LICENSE AGREEMENT WITH
SUMMIT BROADBAND, INC. TO ADD AN AREA FOR THE
LICENSEE'S PERMANENT GENERATOR
Item #16E9
STANDARD DONATION AGREEMENT TO ALLOW GREEN
PALM INVESTMENTS, INC. TO DONATE A 1. 14 ACRE
PARCEL ALONG WITH A MANAGEMENT ENDOWMENT OF
$4,020 TO CONSERVATION COLLIER LAND ACQUISITION
PROGRAM UNDER THE OFFSITE VEGETATION RETENTION
PROVISION OF LDC SEC 3.05.07H. 1 .F.III.B, AT NO COST TO
Page 259
November 18, 2014
THE COUNTY, AND AUTHORIZE THE CHAIRMAN TO SIGN
THE DONATION AGREEMENT AND STAFF TO TAKE ALL
NECESSARY ACTIONS TO CLOSE (COMPANION TO #16A6)
Item #16E10
THE PAYMENT OF TWO INVOICES FROM COVER ALL, INC.
D/B/A RON'S JONS PORTA POTTY RENTAL FOR PAINTING
SERVICES AT VETERAN'S COMMUNITY PARK AND EAST
NAPLES COMMUNITY PARK
Item #16E11
ACCEPT REPORTS AND RATIFY STAFF-APPROVED
CHANGE ORDERS AND CHANGES TO WORK ORDERS — FOR
THE PERIOD SEPTEMBER 29, 2014 TO OCTOBER 30, 2014
Item #16F1
RESOLUTION 2014-239: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2014-15
ADOPTED BUDGET
Item #16F2
ACCEPTING FIVE FLORIDA SPORTS FOUNDATION GRANT
AWARDS TOTALING $25,200, TO SUPPORT SPORTS
TOURISM EVENTS, AUTHORIZE ALL NECESSARY BUDGET
AMENDMENTS, AUTHORIZE CHAIRMAN TO EXECUTE,
AND MAKE A FINDING THIS ITEM PROMOTES TOURISM
Page 260
November 18, 2014
Item #16F3
AGREEMENT BETWEEN FOOTBALL UNIVERSITY, INC. AND
COLLIER COUNTY IN SUPPORT OF NATIONAL FBU YOUTH
FOOTBALL CHAMPIONSHIPS DECEMBER 2014, AUTHORIZE
THE CHAIRMAN TO EXECUTE THE AGREEMENT AND
MAKE A FINDING THE EXPENDITURE PROMOTES TOURISM
Item #16F4
AMENDMENT 2 TO THE TEMPORARY USE AGREEMENT
WITH KRAFT OFFICE CENTER, LLC, EXTENDING THE
LEASE TO DECEMBER 15, 2014, FOR CONTINUED NO
COST USE OF FURNISHED OFFICE SPACE FOR INITIAL
IMPLEMENTATION OF THE SOFT LANDING BUSINESS
ACCELERATOR PROJECT — FOR USE OF APPROXIMATELY
800 SQ FT WITHIN SUITE 204, 3530 KRAFT ROAD, NAPLES
Item #16H1
RESOLUTION 2014-240: REAPPOINTING JOEL ANTHONY
DAVIS AND RONALD GILMER GILBERT TO THE OCHOPEE
FIRE CONTROL DISTRICT ADVISORY COMMITTEE TO
TERMS EXPIRING DECEMBER 31, 2016
Item #16H2
RESOLUTION 2014-241 : APPOINTING CYNTHIA LOZANO
AND MARVIN COURTRIGHT TO THE IMMOKALEE
ENTERPRISE ZONE DEVELOPMENT AGENCY TO FULFILL
Page 261
November 18, 2014
VACANT TERMS THAT WILL EXPIRE APRIL 4, 2017 (NOTING
AND CORRECTING AN AGENDA MISPRINT ON THE
AGENDA CHANGE SHEET FOR MS. LOZANO'S ADDRESS:
FROM 617 WESTON ROAD, IMMOKALEE TO 617 WESTON
ROAD, LEHIGH ACRES, FL 33936
Item #16H3
RESOLUTION 2014-242: REAPPPOINTING WILLIAM A. DEYO
TO THE IMMOKALEE BEAUTIFICATION MSTU ADVISORY
COMMITTEE TO A TERM EXPIRING SEPTEMBER 23, 2018
Item #16H4
RESOLUTION 2014-243: APPOINTING REBECCA GIBSON-
LAEMEL (TO FULFILL REMAINDER OF A TERM EXPIRING
DECEMBER 31, 2015) AND REAPPOINTING EDWARD "SKI"
OLESKY, PHILLIP E. BROUGHAM AND MARY J. BILLS TO
THE PARKS AND RECREATION ADVISORY BOARD TO
TERMS EXPIRING DECEMBER 31, 2018
Item #16H5
RESOLUTION 2014-244: REAPPOINTING RUSSELL D.
RAINEY, II, (CERT RESPRESENTATIVE) TO COLLIER
COUNTY CITIZENS CORPS TO A TERM EXPIRING
NOVEMBER 5, 2018
Item #16H6
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
Page 262
November 18, 2014
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE NAPLES PRESS CLUB
LUNCHEON ON OCTOBER 23, 2014. THE SUM OF $25 TO BE
PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET —
HELD AT NAPLES HILTON, 5111 TAMIAMI TRAIL NORTH
Item #16H7
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE EAST NAPLES CIVIC
ASSOCIATION LUNCHEON ON OCTOBER 16, 2014. THE SUM
OF $18 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL
BUDGET — HELD AT HAMILTON HARBOR YACT CLUB, 7065
HAMILTON AVENUE, NAPLES
Item #16H8
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED LUNCH ON NOVEMBER 3, 2014
WITH JULIE CERACH AND SUSAN LAWSON TO DISCUSS A
SPEECH FOR A FUTURE LUNCHEON. THE SUM OF $12.02 TO
BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET
Item #16H9
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED LUNCH ON OCTOBER 17, 2014
WITH PHIL BROUGHAM TO DISCUSS FIDDLER'S CREEK
Page 263
November 18, 2014
AND FIRE SERVICES. THE SUM OF $18.50 TO BE PAID FROM
COMMISSIONER FIALA'S TRAVEL BUDGET
Item #16J1
A BUDGET AMENDMENT RECOGNIZING FEDERAL HHS
VOTE PROGRAM GRANT AWARD 2010 FUNDS FOR VOTING
ACCESSIBILITY FOR INDIVIDUALS WITH DISABILITIES IN
THE AMOUNT OF $8,616.34
Item #16J2
BOARD DECLARATION OF EXPENDITURES SERVING
A VALID PUBLIC PURPOSE AND APPROVAL OF
DISBURSEMENTS FOR THE PERIOD OF OCTOBER 23, 2014
THROUGH OCTOBER 29, 2013
Item #16J3
BOARD DECLARATION OF EXPENDITURES SERVING
A VALID PUBLIC PURPOSE AND APPROVAL OF
DISBURSEMENTS FOR THE PERIOD OF OCTOBER 30, 2014
THROUGH NOVEMBER 5, 2014
Item #16J4
BOARD DECLARATION OF EXPENDITURES SERVING
A VALID PUBLIC PURPOSE AND APPROVAL OF
DISBURSEMENTS FOR THE PERIOD OF NOVEMBER 6, 2014
THROUGH NOVEMBER 12, 2014
Page 264
November 18, 2014
Item #16K1
COUNTY ATTORNEY TO FILE A LAWSUIT ON BEHALF
OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, AGAINST WALSH TRUCKING, INC.,
AND STEVEN F. AMES, IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER
COUNTY, FLORIDA, TO RECOVER DAMAGES IN THE
AMOUNT OF $19,657.50, PLUS COSTS OF THE LITIGATION —
FOR AN ACCIDENT ON DECEMBER 27, 2012 ON COLLIER
BOULEVARD AT THE GRAND LELY DRIVE INTERSECTION
THAT INVOLVED MR. AMES, WHO LOST CONTROL OF A
TRUCK OWNED BY WALSH TRUCKING, COLLIDING WITH
TWO CARS THAT FLIPPED THE TRUCK ONTO ITS SIDE
SPILLING A LARGE AMOUNT OF SAND AND DIESEL FUEL
THAT REQUIRED A HAZARD CLEAN UP AND DAMAGED
ASPHALT ON THE ROAD
Item #16K2
COUNTY ATTORNEY TO FILE A LAWSUIT ON BEHALF OF
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,
AGAINST MARK MERRING IN THE COUNTY COURT IN THE
TWENTIETH JUDICIAL CIRCUIT, COLLIER COUNTY,
FLORIDA TO RECOVER DAMAGES FOR COSTS OF REPAIR
AND REPLACEMENT OF A STREET LIGHT IN THE AMOUNT
OF $4,254.92, PLUS THE COSTS OF LITIGATION — FOR AN
ACCIDENT AUGUST 27, 2013 WHEN A VEHICLE OWNED
AND OPERATED BY MR. MERRING WAS TRAVELING WEST
ON DAVIS BOULEVARD WHEN HE LOST CONTROL AND
STRUCK AND DAMAGED A STREET LIGHT OWNED AND
Page 265
November 18, 2014
MAINTAINED BY COLLIER COUNTY
Item #16K3
DIRECT THE COUNTY ATTORNEY TO PURSUE AN APPEAL
IN THE CASE ENTITLED PENNY PHILLIPPI V. COLLIER
COUNTY, CASE NO. 14-416-CA — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16K4
A SETTLEMENT AGREEMENT FOR A SUM OF $69,000 AND
DIRECTING THE COUNTY ATTORNEY TO FILE ALL
DOCUMENTS NECESSARY TO END WITH PREJUDICE THE
LAWSUIT STYLED EVELYN PRIETO V. COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, CASE NO. 2: 13-CV-
00489-SPC-CM, NOW PENDING IN THE UNITED STATES
DISTRICT COURT, MIDDLE DISTRICT OF FLORIDA FORT
MYERS DIVISION — A LAWSUIT FILED BY A FORMER
EMPLOYEE WHO ALLEGED HER FIRST AMENDMENT
RIGHTS HAD BEEN VIOLATED
Item #16K5
REJECTING A WRITTEN SETTLEMENT OFFER PRESENTED
BY PLAINTIFF SUSANNA CAPASSO IN A LAWSUIT STYLED
SUSANNA CAPASSO V. COLLIER COUNTY (CASE NO. 2: 12-
CV-499-FTM-99DNF) NOW PENDING IN THE UNITED STATES
DISTRICT COURT, MIDDLE DISTRICT OF FLORIDA FORT
MYERS DIVISION AND DIRECT THE COUNTY ATTORNEY
TO PROCEED WITH DEFENSE OF THE LAWSUIT THAT IS
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November 18, 2014
CURRENTLY SCHEDULED FOR TRIAL IN DECEMBER, 2014 —
REJECTING A $300,000 SETTLEMENT OFFER ON A LAWSUIT
FILED BY A FORMER EMPLOYEE WITH ALLEGED CLAIMS
OF DISCRIMINATION AND RETALIATION
Item #16K6
REJECTING THE SETTLEMENT OFFER PRESENTED BY
PLAINTIFF DON EDWARDS IN THE LAWSUIT STYLED DON
EDWARDS V. COLLIER COUNTY (CASE NO. 09-611-CA) NOW
PENDING IN CIRCUIT COURT IN COLLIER COUNTY AND TO
DIRECT THE COUNTY ATTORNEY TO PROCEED WITH THE
DEFENSE OF THE LAWSUIT CURRENTLY SCHEDULED FOR
TRIAL IN DECEMBER, 2014 — REJECTING A $90,000 OFFER
FROM A FORMER PUBLIC UTILITIES WASTEWATER
OPERATIONS EMPLOYEE THAT WAS TERMINATED IN 2009
FOR MULTIPLE REASONS
Item #16K7
SETTLEMENT AGREEMENT REACHED AT MEDIATION IN
THE CASE STYLED COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS V. THE KIRK FAMILY TRUST, AND LAS
BRISAS NEIGHBORHOOD ASSOCIATION, INC., REQUIRING
DEFENDANTS TO COLLECTIVELY REIMBURSE THE
COUNTY FOR THE FULL AMOUNT OF DAMAGES TOTALING
$33,333 — A SECTION OF THE COUNTY SEWER SYSTEM WAS
DAMAGED BY SAND THAT INFILTRATED A RESIDENTIAL
SEWER LINE AND STEMMED FROM A TREE ROOT ON THE
PROPERTY THAT LEAD TO THE SEWER'S BLOCKAGE
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November 18, 2014
Item #17A
RESOLUTION 2014-245: APPROVING AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO FY 2014-15 ADOPTED
BUDGET
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 5:43 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
TOM HE t CHAIRMAN
ATTEST:
DWIGHT 1 BPPOCK, CLERK
NA' I
�
`' as' ha rman's
J on1R OflULt(9 The se minutes } ved by the Board on 29t5
as presented or as corrected
Transcript prepared on behalf of Gregory Court Reporting,
Incorporated by Cherie' R. Nottingham, CSR.
Page 268