BCC Minutes 01/13/2015 R BCC
REGULAR
MEETING
MINUTES
January 13, 2015
January 13, 2015
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, January 13, 2015
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
Penny Taylor
Donna Fiala
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
r` 4t0120 -
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
January 13, 2015
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.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
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January 13, 2015
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DEPARTMENT.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Michael Bannon - Crossroads Community Church of Naples
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. November 18, 2014 - BCC/Regular Meeting
C. December 2, 2014 - BCC/City of Marco Island Workshop
D. December 9, 2014 - BCC/Regular Meeting
E. Selection of Chairman and Vice-Chairman
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January 13, 2015
1) That the Board appoint its members to offices of the Board of County
Commissioners, the Community Redevelopment Agency, the Tourist
Development Council, the Community and Economic Development
Board and the Public Safety Coordinating Council, and to authorize
the new Chairs for both the Board of County Commissioners and the
Community Redevelopment Agency to execute all documents
approved at both this meeting and those documents which were
previously approved but are pending signature.
3. SERVICE AWARDS
4. PROCLAMATIONS
A. Proclamation recognizing the 18th Annual Dr. Martin Luther King, Jr.
Parade and Celebration. To be accepted by Harold Weeks, Diaan Keeys,
Sharon Franklin, Irene Williams, DJ Johnson and Barbara Melvin.
Sponsored by the Board of County Commissioners.
B. Proclamation designating January 14, 2015 as Kindness Awareness Day in
Collier County. To be accepted by Bob Votruba, One Million Acts of
Kindness. Sponsored by the Board of County Commissioners.
5. PRESENTATIONS
A. Recommendation to recognize Linda Swisher, Administrative Secretary,
Ochopee Fire Control District as the Employee of the Year for 2014.
B. Presentation of the Collier County Business of the Month for January 2015
to William C. Huff Companies. To be accepted by Jim Henderson,
President, William C. Huff Companies; John Purchase, General Manager;
Jason Abidin, Client Relationship Liaison; Sue Huff, Public Relations.
6. PUBLIC PETITIONS
Item #7 to be heard no sooner than 1:00 pm unless otherwise noted.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
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January 13, 2015
Item #8 and Item #9 to be heard no sooner than 1:30 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
10. BOARD OF COUNTY COMMISSIONERS
11. COUNTY MANAGER'S REPORT
A. This item continued from the December 9, 2014 Meeting.
Recommendation that the Board of County Commissioners approve the
Clam Bay Natural Resource Protection Area (NRPA) Management Plan
(Plan) and authorize Pelican Bay Services Division to administer the Plan.
(Neil Dorrill, Pelican Bay Services Division Administrator)
B. Recommendation to approve the Office of Business and Economic
Development's proposed revision to Collier County's Basic Industry Growth
Promotion Incentive. (Bruce Register, Office of Business and Economic
Development Director)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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January 13, 2015
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to approve final acceptance of the water utility
facility for Venezia at Treviso Bay, PL20130000547, and to authorize
the County Manager, or his designee, to release the Utility
Performance Security (UPS) and Final Obligation Bond in the total
amount of$16,579.53 to the Project Engineer or the Developer's
designated agent.
2) Recommendation to approve final acceptance of the water utility
facility for Bucks Run Reserve, PL20110001721, and to authorize the
County Manager, or his designee, to release the Final Obligation Bond
in the amount of$4,000 to the Project Engineer or the Developer's
designated agent.
3) Recommendation to approve final acceptance of the privately owned
utility facility for Summit Place, Phase II, PL#20130000309, and
authorize the County Manager, or his designee, to release a Utility
Performance Security (UPS) and Final Obligation Bond in the total
amount of$5,800 to the Project Engineer or the Developer's
designated agent.
4) Recommendation to approve an extension of one year for completion
of infrastructure improvements associated with Vercelli (AR - 9669),
Italia (AR - 9746), and Lipari - Ponziane (AR - 10023) all within
Treviso Bay pursuant to Section 10.02.05 C.2 of the Collier County
Land Development Code.
5) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Maple Ridge Estates
Model Lots, Application Number PL20140001799.
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 minor final plat of Esplanade at Hacienda
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January 13, 2015
Lakes Amenity Center, Application Number PL20140002352.
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 Residences at Mercato,
(Application Number PL20140001634) 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 minor final plat of Howell-Roberts
Subdivision, Application Number PL20140001528.
9) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Classic Plantation Estates,
Phase Three, Application Number AR-7433 with the roadway and
drainage improvements being privately maintained and authorizing
the release of the maintenance security.
10) Recommendation to authorize the Clerk of Courts to release a Cash
Bond in the amount of$19,560 which was posted as a development
guaranty for work associated with Tamiami Hyundai, Early Work
Authorization (EWA) PL20130001223.
11) Recommendation to authorize the Clerk of Courts to release a Cash
Bond in the amount of$16,400 which was posted as a development
guaranty for work associated with Hacienda Lakes of Naples Phase 2,
Early Work Authorization (EWA) PL20130002722.
12) Recommendation to authorize the Clerk of Courts to release a Cash
Bond in the amount of$69,000 which was posted as a guaranty for
Excavation Permit Number 60.082, (PL20130000589) for work
associated with Hacienda Lakes of Naples, Phase 2.
13) Recommendation to approve an Easement Agreement for the purchase
of a road right-of-way, drainage and utility easement (Parcel
145RDUE2), required for the expansion of Golden Gate Boulevard
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January 13, 2015
from east of Wilson Boulevard to 20th Street East. (Project No.
60040.) Estimated Fiscal Impact: $2,227.
14) Recommendation to approve a Resolution adopting the Growth
Management Division Title VI Program in accordance with the
requirements set forth in Title 49 Code of Federal Regulations Part 21
for compliance with ongoing receipts of Federal Department of
Transportation grant funding.
15) Recommendation to award Contract No. 14-6319 for Verification
Testing Services for Collier Boulevard & Green Boulevard to Allied
Engineering & Testing, now known as GFA International, Inc.,
Project #68056 (Fiscal Impact $350,000).
16) Recommendation to direct the County Attorney to advertise and bring
back for a public hearing an ordinance dissolving the Parklands
Collier Community Development District.
17) Recommendation to award ITB No. 14-6346, Traffic Operations
Signal Components, to the following vendors: Multicom Inc.,
Transportation Control Systems, Peek Traffic Corporation, Express
Supply, Temple Inc., Traffic Signal Inc.
18) Recommendation to update the estimated annual expenditure for
Contract No. 14-6229, "Installation and Maintenance of Traffic
Signals and Roadway Lighting," to include work for the Emergency
Vehicle Signal Priority System, within the approved fiscal year
budget.
19) Recommendation to approve the termination of a 2005 Developer
Agreement between Collier County and Naples Syndications, LLLP
and approve a replacement Developer Agreement between the County
and the new Developer, ARGO Warm Springs LLC, to among other
things design, permit and construct of a portion of Woodcrest Drive.
20) Recommendation to approve the lowest bid item prices, which have
been determined to be reasonable by the County, for the Developer to
fund, design, permit and construct a portion of Rattlesnake Hammock
Road east of Collier Boulevard in a manner consistent with the
Developer Agreement between Hacienda Lakes of Naples LLC
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January 13,2015
(Developer) and Collier County (County).
21) This item continued from the December 9, 2014 BCC Meeting.
Recommendation to approve the Amended and Restated Interlocal
Agreement for Creation of the Collier Metropolitan Planning
Organization (MPO).
22) Recommendation to approve and authorize the Chairman to execute
FDEP Agreement 14C01 for cost share funding with the Florida
Department of Environmental Protection - Division of Water
Resources Beach Management Funding Assistance Program for the
FY 2013 Collier County Beach Nourishment project and make a
finding that this item promotes tourism.
23) Recommendation to approve an easement agreement for the purchase
of a road Right-of-Way, Drainage and Utility Easement (Parcel
206RDUE) required for the expansion of Golden Gate Boulevard
from east of Wilson Boulevard to 20th Street East. Project No. 60040
(Fiscal Impact: Approximately $78,727)
24) Recommendation to approve a Post Project Maintenance Agreement
with the Florida Department of Transportation (FDOT), for the
maintenance of the intersection improvements on Pine Ridge Road at
US 41, upon completion of the FDOT intersection improvements
project, Financial Project No. 435393-132/52/62-01, and a Resolution
authorizing the Chairman to sign the Agreement.
25) Recommendation to adopt a Resolution to hold a public hearing to
consider vacating a portion of Veterans Memorial Boulevard Right-
of-Way described in Official Record Book 4829, Pages 355 through
357 of the Public Records of Collier County, Florida, located in
Section 7, Township 48 South, Range 26 East, Collier County, Florida
(VAC-PL20140002499).
26) Recommendation to approve Petition VAC-PL20140001157, to
quitclaim and release the County's interest in the 30-foot strip of land
described as an easement for public right-of-way as recorded in
Official Record Book 160, Page 197 of the Public Records of Collier
County, Florida, located in Section 25, Township 48 South, Range 26
East, Collier County, Florida, being more specifically shown in
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January 13, 2015
Exhibit A.
27) Recommendation to approve a Standard Zero-Dollar Construction
Agreement with the State of Florida Department of Transportation
(hereinafter "FDOT") pertaining to the construction of a traffic signal
at the intersection of SR 951 and Fiddlers Creek Parkway, which
FDOT slightly modified after Board approval to reference the final
contract construction plans as attached to and incorporated as part of
the Agreement.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Request that the Collier County Board of County Commissioners
(BCC) as the Community Redevelopment Agency Board (CRAB)
adopt an ordinance to amend Ordinance No. 2002-38, "The Collier
County Redevelopment Grant Program Ordinance," in order to adopt
a Commercial Sweat Equity Grant Program for the Immokalee
Community Redevelopment Area.
2) Recommendation that the Collier County Board of County
Commissioners (BCC) as the Community Redevelopment Agency
Board (CRAB) approve and award RFP #14-6237 for Construction
Engineering Inspection (CEI) Services to AMEC Environmental &
Infrastructure, Inc. for the Immokalee Stormwater Improvements —
Phase II (Immokalee Drive) Project and authorize the Board Chair to
execute the Agreement.
3) Recommendation for the Collier County Board of County
Commissioners (BCC) as the Community Redevelopment Agency
Board (CRAB) approve and award RFP #14-6252 for Construction
Engineering Inspection (CEI) Services to AMEC Environmental &
Infrastructure, Inc. for the Colorado Avenue Improvements Project
and authorize the Board Chair to execute the Agreement.
C. PUBLIC UTILITIES DIVISION
1) Recommendation to approve a $646,100 work order to Douglas N.
Higgins, Inc., under Request for Quotation Number 14-6213-10 to
install four wastewater force mains near the Immokalee Road/Collier
Boulevard intersection, Force Main Technical Support Project
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January 13, 2015
Number 70044.
2) Recommendation to approve a change order to increase the annual
estimated not to exceed amount for Contract Number 11-5698 with N.
Harris Computer Corporation by $104,000 for maintenance, hosted
credit card payment processing and technical services due to an
increasing volume of payments via the Web and telephone, and for
programming services to develop critical interfaces with City Works
software to support Full-Scale Implementation Project Number 2
within the asset management project.
3) Recommendation to award Bid No. 14-6327, "Elevator and Stairs for
the South County Water Reclamation Facility," to Heatherwood
Construction Company, in the amount of$495,623 for Project No.
73969, South County Water Reclamation Facility Technical Support
for ADA, Fire and Building Code compliance and safety
enhancements.
4) Recommendation to award Contract #14-6353, Financial Consulting
Services, to Public Resources Management Group, Inc., and authorize
the Chairman to execute the attached contract.
5) Recommendation to award Bid #14-6262, "Collection and Recycling
of Latex Paint," to Scott Paint Company, Inc., as the primary vendor,
and to Clark Environmental, Inc., as the secondary vendor.
6) Recommendation to approve the selection committee rankings and to
enter into contract negotiations with CDM Smith, Inc., for Request for
Proposal No. 14-6287, Design and Related Services for Deep
Injection Wells, Project Number 70104.
7) Recommendation to approve a Florida Department of Transportation
(FDOT) Work Order/Change Order in the amount of$142,128 related
to the Utility Work by Highway Contractor Agreement (UWHCA)
between the FDOT and the Collier County Water-Sewer District
(CCWSD) for the relocation of CCWSD utilities along U.S. 41
between County Road 951 and Greenway Road, Project #70045.
D. PUBLIC SERVICES DIVISION
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January 13,2015
1) Recommendation to approve a release of lien for payment of a
Countywide impact fee deferral agreement obligation.
2) Recommendation to accept and execute the attached FY14-15 Florida
Commission for the Transportation Disadvantaged Shirley Conroy
Rural Area Capital Assistance Program Grant award in the amount of
$58,298, which includes a local match of$5,830 and authorize the
necessary budget amendments and approve the purchase of one
paratransit vehicle utilizing those funds.
3) Recommendation to award Invitation to Bid #15-6373 Senior Food
Program to G.A. Foods Service Inc. and authorized the Chairman to
execute a County Attorney approved contract.
4) Recommendation to approve a release of lien for repayment of an
obligation under a Countywide impact fee deferral agreement.
5) Recommendation to award Contract Number 14-6338 Eagle Lakes
Community Park Pool Design Services to Victor J. Latavish
Architect, P.A., for professional architectural services, and authorize
the Chairman to execute the attached contract.
6) Recommendation to terminate for convenience Contract No. 13-6173
for "Outsourcing of County Concessions within Park Facilities"
awarded to NASA Holdings of Miami, Inc. d/b/a Concession Service
Systems.
7) Recommendation to award Invitation to Bid No. 15-6386 for Fitness
Equipment for Eagle Lakes Park to Commercial Fitness Products, Inc.
8) Recommendation to approve two State Housing Initiatives Partnership
Program releases of lien in the amount of$17,685.96 for owner
occupied affordable housing dwelling units where the obligation has
been repaid in full.
9) Recommendation to approve two Modifications to Subgrant
Agreement with the Florida Department of Economic Opportunity
that extend the project completion date to June 30, 2015 for the
Hatcher's Preserve Project funded with Disaster Recovery Grant.
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January 13, 2015
10) Recommendation to direct the County Attorney to advertise, and bring
back for a public hearing, an ordinance amending the Conservation
Collier Ordinance, to reduce the number of members on the Advisory
Committee from nine to seven and the quorum requirements from five
to four members when not in an active acquisition phase.
11) Recommendation to approve eight mortgage satisfactions for the State
Housing Initiatives Partnership loan program in the combined amount
of$98,140.
12) Recommendation to approve a Resolution authorizing the submittal of
a revised Federal Transit Administration Sections 5339 FY2013/2014
grant application and applicable documents and submit them to the
Florida Department of Transportation.
13) Recommendation to approve the Resolutions authorizing the submittal
of the Federal Transit Administration Sections 5310, 5311 & 5339
FY2015/2016 grant applications and applicable documents and
submit them to the Florida Department of Transportation (FDOT).
14) Recommendation to approve Amendment Number 4 to the agreement
with the David Lawrence Mental Health Center, Inc. for mental health
and substance abuse services to conform with the most recently
approved AHCA/Low Income Pool program.
15) Recommendation to authorize a budget amendment recognizing
$62,000 approved for reimbursement from the GAC Land Trust Fund
for purchase of fitness and recreational equipment for the Louise
Hasse Community Center.
16) Recommendation to authorize the purchase of athletic field marking
paint from Florida Trasncor, Inc., under Collier County Contract No.
14-6222.
17) Recommendation to approve the use of the previous awarded
Invitation to Bid No. 14-6278RR, "Aquatic Maintenance Support
Services" with Tri-City Pools, Inc. for budget-approved capital and
operating expenses.
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January 13, 2015
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to re-appropriate $150,000 previously approved in
Fiscal Year 2014, from the GAC Land Trust, to assist the Golden Gate
Fire Control & Rescue District to equip previously acquired vehicles
with firefighting apparatus.
2) Recommendation to provide after-the-fact approval of the Assistance
to Firefighters Grant application that was electronically submitted to
the Federal Emergency Management Agency for the purchase of 88
mobile radios and 100 portable radios in the amount of$717,374
($652,159 grant and $65,215 County match).
3) Recommendation to approve an Assumption Agreement with iDSS
Global LLC, as it relates to Contract #12-5939 Web Based
Destination Management System to provide the Tourism Department
with a comprehensive suite of digital marketing products and services.
4) Recommendation to approve, after-the-fact, the electronic submittal of
a Federal Emergency Management Agency Assistance to Firefighter's
Grant application in the amount of$38,501 ($36,668 grant and $1,833
match) for the purchase of a Vehicle Exhaust Extraction System for
the Ochopee Fire Control District.
5) Recommendation to approve, after-the-fact, the electronic submittal of
a Federal Emergency Management Agency Assistance to Firefighter's
Grant in the amount of$41,006 ($39,054 grant and $1,952 match) for
the purchase of a Vehicle Exhaust Extraction System for the Isle of
Capri Fire District
6) Recommendation to approve and authorize the Chairman to sign the
Assumption Agreement with Tetra Tech, Inc. as it relates to Contract
#14-6188 for Federal Emergency Management Agency (FEMA)
Acceptable Monitoring for Disaster Generated Debris.
7) Recommendation to approve an Assumption Agreement with
Hawkins, Inc. (registered in Florida as Hawkins Water Treatment
Group, Inc.) d/b/a The Dumont Company as it relates to Contract #12-
5845/#12-5845R to provide countywide chemicals for use by the
Public Utilities Division to ensure fully compliant water, wastewater,
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January 13, 2015
and irrigation quality water services.
8) Recommendation to accept reports and ratify staff-approved change
orders and changes to work orders.
9) Recommendation to waive competition and authorize the purchase of
certain fleet parts, repairs and services for County vehicles and
equipment from local Ford dealerships on an emergency basis until
contracts can be put in place and to authorize purchases from the
single-source supplier Wallace International Trucks located in Ft.
Myers.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve a report covering budget amendments
impacting reserves and moving funds in an amount up to and
including $25,000 and $50,000, respectively.
2) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2014-15 Adopted Budget.
3) Recommendation to approve the Tourism Department's application
for a Visit Florida grant to support future marketing for Medical
Meetings in the total amount of$40,000 and authorize the County
Manager or his designee to execute the application and make a finding
that this item promotes tourism.
G. AIRPORT AUTHORITY
1) Recommendation to approve and execute a Collier County Airport
Authority Standard Form Lease with the Florida Department of
Military Affairs at the Immokalee Airport.
2) Recommendation to approve and execute a Collier County Airport
Authority Standard Form Lease with Fogarty Flying Services at the
Marco Island Executive Airport.
3) Recommendation to approve and execute a Commercial Aviation
Operations License Agreement between the Collier County Airport
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January 13, 2015
Authority and Career Flight Training and Aircraft Rental, Inc., at the
Marco Island Executive Airport.
4) Recommendation to approve and execute a First Amendment to T-
Hangar Lease Agreement with Marvin Courtright and to approve and
execute a First Amendment to Commercial Aviation Operations
License Agreement with Marvin Courtright dba Hummingbird Flight
Service LLC at the Immokalee Airport.
5) Recommendation to approve and execute a Collier County Airport
Authority Standard Form Lease with Phelps Collins Aviation, Inc.
D/B/A Aviation North at the Marco Island Executive Airport.
6) Recommendation to adopt the attached Resolution approving the
proposed rate schedules for the Everglades Airpark, Immokalee
Regional Airport and Marco Island Executive Airport for 2015.
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to reappoint members to the Golden Gate
Community Center Advisory Board.
2) Recommendation to appoint member to the Isles of Capri Fire Control
District Advisory Committee.
3) Recommendation to appoint one member to the Collier County Public
Safety Authority.
4) 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 December
18, 2014. The sum of$18 to be paid from Commissioner Fiala's
travel budget.
MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of December 4, 2014
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January 13, 2015
through December 10, 2014.
2) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of December 11, 2014
through December 17, 2014.
3) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of December 18, 2014
through December 23, 2014.
4) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of December 24, 2014
through December 31, 2014.
5) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of January 1, 2015 through
January 7, 2015.
6) To provide the Board of County Commissioners the Clerk of the
Circuit Court's Office regarding Audit Report 2014-13 North Collier
Regional Park — Cash Handling issued on January 7, 2015.
K. COUNTY ATTORNEY
1) Recommendation to approve a Retention Agreement for Legal
Services with McLaughlin & Stem, LLP.
2) Recommendation to authorize the County Attorney's Office to file a
Petition for Administrative Hearing in response to the Florida
Department of Health's Administrative Complaint captioned
Department of Health v. Collier County EMS, Case No. 2013-13123
regarding an EMS call from December 2012.
3) Recommendation to direct the County Attorney to advertise and bring
back to the Board of County Commissioners for future consideration
an amendment to the Collier County Litter, Weed, and Exotics
Control Ordinance (Ordinance No. 2005-44, as amended) intended to
define and regulate the composting of organic materials on residential
properties.
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January 13, 2015
17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
amending Ordinance No. 2004-41, as amended, the Collier County Land
Development Code, which established the comprehensive zoning regulations
for the unincorporated area of Collier County, Florida by amending the
appropriate zoning atlas map or maps by changing the zoning classification
of the herein described real property from a Rural Agricultural (A) zoning
district to a Residential Planned Unit Development (RPUD) zoning district
for a project known as Collier 36 RPUD to allow development of up to 40
single family and/or multi-family dwelling units on property located on the
east side of Collier Boulevard (CR 951) and north of Bucks Run Drive in
Section 35, Township 48 South, Range 26 East, Collier County, Florida,
consisting of 10± acres; and by providing an effective date [PUDZ-
PL20140000340].
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20140002509 to disclaim, renounce and vacate the County and the public
interest in a portion of a 10-foot utility easement running through Tract R of
Lakeside of Naples at Citrus Gardens, as recorded in Plat Book 15, pages 83
through 88 of the public records of Collier County, Florida, located in
Section 1, Township 49 South, Range 25 East, Collier County, Florida.
C. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
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January 13, 2015
required to be sworn in. Recommendation to approve a Resolution
designating property commonly known as Mar-Good Harbor Park, formerly
the Mar-Good Resort Property, as a historically significant site, pursuant to
the historic/archaeological preservation regulations as provided in Section
2.03.07.E of the Collier County Land Development Code. The subject
property is located in Goodland in Section 18, Township 52 South, Range 27
East, Collier County, Florida, consisting of 2.62 acres. [Petition HD-2006-
AR-10679]
D. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2014-15 Adopted Budget.
E. Recommendation to adopt an ordinance to be known as the Collier County
Anti-Harassment Ordinance, making it a misdemeanor to harass a bicyclist,
pedestrian, runner, or a person in a wheelchair using the public right-of-way.
F. Recommendation to adopt an ordinance repealing Ordinance No. 87-65, in
its entirety, as codified in Section 2-396 of the Code of Laws and
Ordinances (Investment, Reimbursement of Surplus Public Funds).
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 18
January 13, 2015
January 13, 2015
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN HENNING: Good morning. Welcome to the Board
of Commissioners meeting.
If you would either silence or turn off your cell phone, it will help
us with today's proceeding.
Item #1A
INVOCATION GIVEN BY PASTOR MICHAEL BANNON —
CROSSROADS COMMUNITY CHURCH OF NAPLES
Today's invocation will be given by Pastor Michael Bannon from
Crossroads Community Church, followed by the Pledge of Allegiance.
Would you all rise.
PASTOR BANNON: Let's pray.
Father God, thank you for the privilege of gathering here this
morning as we have just crossed into the threshold of a new year, with
new opportunities, new challenges. I pray that we are not the same
people, but rather a people who are changed and willing to be changed.
Father, as we enter into a meeting where decisions are made
concerning our life and our livelihood, I pray that you would bless our
County Commissioners with great wisdom and insight, pray that you
would surround them with wise advisers who give them good advice,
and I pray as well for us as citizens, that we would keep these people in
prayer, that we would be respectful, and that we would be grateful for
the service they provide.
Father, thank you for blessing us with a gorgeous community in
which to live. What a blessing. And I pray that you would teach us to
be patient as it takes a little longer to get places these days.
But Lord, you are good, and we're thankful and we commit this
time to you. For the glory of God we pray, amen.
Page 2
January 13, 2015
CHAIRMAN HENNING: Thank you.
(Pledge of Allegiance was recited in unison.)
CHAIRMAN HENNING: Okay, Leo, walk us through the
change sheet, please.
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE
PROVIDED BY COMMISSION MEMBERS FOR CONSENT
AGENDA) — APPROVED AND/OR ADOPTED W/CHANGES
MR. OCHS: Yes, sir. Good morning, Mr. Chairman,
Commissioners, and Happy New Year.
We have several proposed changes to your agenda today. The
first is to continue Item 16.A.19 to the January 27th, 2015 BCC
meeting. That request is made by the petitioner. There's a companion
PUD amendment coming at that meeting, and the idea is to combine
both items at the same time.
The next proposed change is to move Item 16.D.17 from your
consent agenda to become Item 11 .0 on your regular agenda. That's a
contract award regarding Aquatic Support Services. That's at
Commissioner Henning's request.
The next proposed change is to move Item 16.D.5 from your
consent agenda to become 11.D on your regular agenda. It's a
recommendation to award a contract for community pool design
services for the proposed Eagle Lakes Community Pool. That request
is made by Commissioner Nance.
Next proposed change is to move Item 16.E.9 from your consent
agenda to become Item 11 .E on the regular agenda. It's a
recommendation to waive competition and enter into some temporary
Page 3
January 13, 2015
emergency contracts for various fleet parks and services. And that
move is made at Commissioner Henning's request.
The next proposed change is to move Item 16.J.6 from your
consent agenda to become Item 13.A under the Clerk of Courts. And
that is a presentation of the cash handling audit report for the North
Collier Regional Park.
Commissioners, I received some communication just before the
meeting from Commissioner Taylor on a couple of additional moves
that she had requested. The first is to move Item 16.D.6 from the
consent agenda to become Item 11.F on the regular agenda. That's a
recommendation by staff to terminate a concession agreement.
And the final change by Commissioner Taylor is to move Item
16.B.1, which is also on your change sheet as some corrections to the
title of the executive summary, to the regular agenda for discussion.
And that would become Item 14.A on your regular agenda,
Commissioners, under your CRA.
We have one clarification today on Item 16.K.3. That's your
proposed composting ordinance. That composting is permitted on any
Residential or Estates Property. So we are adding the Estates Property
into that Ordinance.
And the final reminder, this is before all the changes, but in the
event that we are finished before 1 :00 p.m., that's the normal time that
your public comment is scheduled for hearing. If you're concluding
with your regular agenda business prior to 1 :00 p.m., we will then hear
your public comments. And your agenda requires that they're heard no
sooner than 1 :00, unless otherwise noted. So we're making that
notation.
And those are all the changes that I have, Mr. Chairman.
CHAIRMAN HENNING: County Attorney, are you certifying
that these proposed changes are legally valid?
MR. KLATZKOW: Yes, sir.
Page 4
January 13, 2015
CHAIRMAN HENNING: Okay. Commissioner Taylor, any ex
parte communication on today's consent --
COMMISSIONER TAYLOR: No.
CHAIRMAN HENNING: -- or summary agenda or any further
changes?
COMMISSIONER TAYLOR: No.
CHAIRMAN HENNING: Commissioner Fiala?
COMMISSIONER FIALA: Yes, I do. I have no disclosures on
the consent agenda, but --
MR. OCHS: Commissioner, excuse me, I'm so sorry, ma'am,
could you please move your microphone a little closer so people can
hear you?
COMMISSIONER FIALA: Sure. You want to hear my lilting
voice?
MR. OCHS: Yes, ma'am.
COMMISSIONER FIALA: All right. On the summary agenda --
thank you, Leo.
On the summary agenda on 17.A I had correspondence and
emails. On 17.C, this was the Margood Harbor Park, Goodland is part
of my District, and so I've had a lot of meetings with the people,
correspondence, emails, telephone calls. I've met with staff and with
the Goodland Arts Alliance. That's it.
CHAIRMAN HENNING: Okay, I have no ex parte
communication on today's agenda or no further changes to the agenda.
Commissioner Hiller?
COMMISSIONER HILLER: Thank you.
To begin, Happy New Year everybody and welcome back. 2015
is going to be a good year for the Board as a whole.
Leo, can I ask you a question? Could you repeat, 16.D.F (sic) was
moved to --
MR. OCHS: 16.D.6 --
Page 5
January 13, 2015
COMMISSIONER HILLER: Oh, D.6? I'm sorry, that's what I
meant.
MR. OCHS: Would be moved to Item 11.F, Commissioner.
COMMISSIONER HILLER: 11 .F. That's where I got confused.
The F and the 6 got transposed. Thank you. Thanks for clarifying.
I have no ex parte communication. And with respect to the
agenda, I would like to move 16.K.2 to the general.
MR. OCHS: That would become Item 12.A.
CHAIRMAN HENNING: Okay. Is that it, Commissioner Hiller?
COMMISSIONER HILLER: Yes. Thank you very much.
CHAIRMAN HENNING: Commissioner Nance?
COMMISSIONER NANCE: Thank you, Mr. Chairman.
I have no ex parte on today's consent agenda. On today's
summary agenda I've read the staff report on the Collier 36 RPUD, and
I have no further changes.
CHAIRMAN HENNING: Okay. I understand that we had some
speakers on the Consent Item 16.D.6; however, that is moved to the
regular agenda 11 .F. And those comments will be taken at that time.
MR. MILLER: Yes. And I did inform the registered speakers, sir.
CHAIRMAN HENNING: Thank you.
COMMISSIONER HILLER: Could you -- if I may,
Commissioner Henning, could we also inform that if anyone wants to
speak to 12.A, that they should register? I believe the Minards are here.
If they want to speak to that, that they have the opportunity to do so.
CHAIRMAN HENNING: With that said, entertain a motion to
approve today --
COMMISSIONER HILLER: You have to register.
CHAIRMAN HENNING: -- today's agenda as amended.
COMMISSIONER TAYLOR: So moved.
COMMISSIONER FIALA: Second.
CHAIRMAN HENNING: All in favor?
Page 6
January 13, 2015
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
MS. MINARD: I give them our paper. I didn't know if it was
12.A.
CHAIRMAN HENNING: Entertain a motion to --
COMMISSIONER HILLER: Change it to 12.A.
Page 7
Proposed Agenda Changes
Board of County Commissioners Meeting
January 13,2015
Continue Item 16A19 to the January 27,2015 BCC Meeting: Recommendation to approve the
termination of a 2005 Developer Agreement between Collier County and Naples Syndications,LLLP
and approve a replacement Developer Agreement between the County and the new Developer,ARGO
Warm Springs LLC,to among other things design,permit and construct of a portion of Woodcrest
Drive. (Petitioner's request)
Move Item 16D17 to Item 11C: Recommendation to approve the use of the previous awarded
Invitation to Bid No. 14-6278RR,"Aquatic Maintenance Support Services"with Tri-City Pools,Inc.for
budget-approved capital and operating expenses. (Commissioner Henning's request)
Move Item 16D5 to Item 11D: Recommendation to award Contract Number 14-6338 Eagle Lakes
Community Park Pool Design Services to Victor J.Latavish Architect,P.A.,for professional
architectural services,and authorize the Chairman to execute the attached contract. (Commissioner
Nance's request)
Move Item 16E9 to Item 11E: Recommendation to waive competition and authorize the purchase of
certain fleet parts,repairs and services for County vehicles and equipment from local Ford
dealerships on an emergency basis until contracts can be put in place and to authorize purchases
from the single-source supplier Wallace International Trucks located in Ft.Myers. (Commissioner
Henning's request)
Move Item 16J6 to Item 13A: To provide the Board of County Commissioners the Clerk of the Circuit
Court's Office regarding Audit Report 2014-13 North Collier Regional Park-Cash Handling issued on
January 7,2015. (Commissioner Taylor's request)
Note:
Item 7 Public Comment: To be heard immediately following the conclusion of the regular agenda if that
occurs before 1:00 p.m.
Item 16B1 title on agenda index should read: Request Recommendation that the Collier County
Board of County Commissioners(BCC)as the Community Redevelopment Agency Board(CRAB)adept
an-authorize advertisement of an ordinance to-amend amending Ordinance No.2002-38,"The Collier
County Redevelopment Grant Program Ordinance,"in order to adopt a Commercial Sweat Equity
Grant Program for the Immokalee Community Redevelopment Area. (County Attorney's Office
request)
Add the following clarification to Item 16K3: Composting is permitted on any residential or estates
property..." (County Attorney's request)
I/13/201C 8:27 AM
January 13, 2015
Item #2B, #2C and #2D
MINUTES FROM THE NOVEMBER 18, 2014 BCC REGULAR
MEETING; THE DECEMBER 2, 2014 BCC WORKSHOP WITH
THE CITY OF MARCO ISLAND AND MINUTES FROM THE
DECEMBER 9, 2014 REGULAR MEETING — APPROVED AS
PRESENTED
CHAIRMAN HENNING: -- Approve the November 18, '14 BCC
regular meeting and December 2nd, '14 BCC Marco Island workshop,
and December 9th, '14 BCC regular meeting.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER HILLER: Second.
CHAIRMAN HENNING: Motion by Commissioner Fiala,
second by Commissioner Hiller.
All in favor of that motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
Item #2E
BOARD APPOINT ITS MEMBERS TO OFFICES OF THE
BOARD OF COUNTY COMMISSIONERS, THE COMMUNITY
REDEVELOPMENT AGENCY, THE TOURIST DEVELOPMENT
COUNCIL, THE COMMUNITY AND ECONOMIC
DEVELOPMENT BOARD AND THE PUBLIC SAFETY
COORDINATING COUNCIL, AND TO AUTHORIZE THE NEW
CHAIRS FOR BOTH THE BOARD OF COUNTY
Page 8
January 13, 2015
COMMISSIONERS AND THE COMMUNITY
REDEVELOPMENT AGENCY TO EXECUTE ALL
DOCUMENTS APPROVED AT BOTH THIS MEETING AND
THOSE DOCUMENTS WHICH WERE PREVIOUSLY
APPROVED BUT ARE PENDING SIGNATURE — MOTION TO
APPOINT COMMISSIONER NANCE AS BCC CHAIRMAN —
APPROVED; MOTION TO APPOINT COMMISSIONER FIALA
AS BCC VICE-CHAIRWOMAN — APPROVED; MOTION TO
APPOINT COMMISSIONER TAYLOR AS TOURIST
DEVELOPMENT COUNCIL CHAIRWOMAN — APPROVED;
MOTION TO APPOINT COMMISSIONER HILLER AS
CHAIRWOMAN TO THE COMMUNITY & ECONOMIC
DEVELOPMENT BOARD — APPROVED; MOTION TO
APPOINT COMMISSIONER HENNING AS PUBLIC SAFETY
COORDINATING COUNCIL CHAIRMAN — APPROVED;
MOTION TO APPOINT COMMISSIONER FIALA AS CRA
CHAIRWOMAN — APPROVED; MOTION TO APPOINT
COMMISSIONER TAYLOR AS CRA VICE-CHAIRWOMAN —
APPROVED
CHAIRMAN HENNING: Okay, now we go to 2.E, and that's to
select a chair and a vice chair.
COMMISSIONER FIALA: I'd like to make a motion please to
bring Commissioner Nance from the Vice-Chair up to the Chairman.
COMMISSIONER TAYLOR: I'll second that.
CHAIRMAN HENNING: Okay.
COMMISSIONER TAYLOR: We can second, right, on these?
COMMISSIONER FIALA: Sure.
CHAIRMAN HENNING: There's a motion by Commissioner
Fiala, second by Commissioner Taylor.
All in favor of that motion, signify by saying aye.
Page 9
January 13, 2015
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HILLER: And I'd like to make a motion to
nominate Commissioner Fiala as Vice-Chair.
COMMISSIONER TAYLOR: Second.
CHAIRMAN HENNING: Motion by Commissioner Hiller,
second by Commissioner Taylor for Commissioner Fiala to be Vice-
Chair.
All in favor?
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Motion carries unanimously.
COMMISSIONER TAYLOR: Congratulations.
COMMISSIONER FIALA: Thank you.
COMMISSIONER HILLER: I'd like to make a motion to
nominate Commissioner Taylor as Chair of the Tourist Development
Council.
CHAIRMAN HENNING: Motion by Commissioner Hiller,
second by Commissioner Henning.
All in favor of that motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
Page 10
January 13, 2015
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Economic Development Board?
COMMISSIONER NANCE: I would like to -- I believe
Commissioner Hiller is the current Community and Economic
Development Board. If she would like to continue, I --
COMMISSIONER HILLER: I would.
COMMISSIONER NANCE: -- would like to nominate her in that
capacity, since she seems to have a lot of enthusiasm for that.
COMMISSIONER HILLER: Thank you.
COMMISSIONER FIALA: I'll second that motion.
CHAIRMAN HENNING: Motion by Commissioner Nance,
second by Commissioner Hiller.
All in favor of that 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: Public Safety Coordination Council?
COMMISSIONER FIALA: I'd like to nominate you,
Commissioner Henning, as the Chairman for that position.
CHAIRMAN HENNING: I have to figure out what they do.
Motion by Commissioner Fiala. Dies for a lack of second.
COMMISSIONER NANCE: Second.
COMMISSIONER FIALA: Too quick.
COMMISSIONER NANCE: We're not going to let you get away
that easy.
Page 11
January 13, 2015
CHAIRMAN HENNING: All in favor of that 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.
CRA?
COMMISSIONER NANCE: I would like to make a motion that
Commissioner Fiala, in addition to her duties as Vice-Chair, continue
as Chair of the CRA since I think she does an outstanding job at that.
COMMISSIONER TAYLOR: Second.
CHAIRMAN HENNING: Motion by Commissioner Nance,
second by Commissioner Taylor.
COMMISSIONER HILLER: And I make a motion -- well --
CHAIRMAN HENNING: To approve Commissioner Fiala to be
the CRA Chairman. All in favor of that motion, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HILLER: I'd like to make a motion to
nominate Commissioner Taylor as Vice-Chair of the CRA.
COMMISSIONER FIALA: Good. Second.
CHAIRMAN HENNING: Yeah, you do have to have a Vice-
Chair on that.
There was a motion by Commissioner Hiller, second by --
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January 13, 2015
COMMISSIONER FIALA: Me.
CHAIRMAN HENNING: -- Commissioner Fiala for
Commissioner Taylor to be Vice-Chair of the CRA.
All in favor of that 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.
Now we're going to change seats.
COMMISSIONER NANCE: One moment, Mr. Chairman. I'd
like to remind you, we have a couple other things that are necessary at
this time. One of them is our representatives to the Southwest Florida
Regional Planning Council.
COMMISSIONER FIALA: That's been you, hasn't it,
Commissioner Nance?
COMMISSIONER NANCE: It currently is myself and
Commissioner Hiller. I would like to hand that off to someone else.
COMMISSIONER HILLER: I would too.
COMMISSIONER NANCE: Because I think that is -- that is
actually I think a very underused thing. I found it very, very
productive, particularly with our legislative initiatives. But I would like
someone else to take a turn at that if I'm going to be the chair.
COMMISSIONER HILLER: I also would like to pass that along.
I think that needs to -- I think that position absolutely needs to be
rotated every year.
COMMISSIONER FIALA: And I had to pass it along last time,
so I'm out of that one as well, please.
Page 13
January 13, 2015
COMMISSIONER HILLER: So I'd like to make a motion that we
nominate Commissioner Henning and Commissioner Taylor to the
Regional Planning Council.
CHAIRMAN HENNING: What day do they meet?
COMMISSIONER HILLER: You can meet telephonically. You
don't have to physically meet with them. In the morning.
COMMISSIONER NANCE: Thursday.
CHAIRMAN HENNING: What Thursdays are they?
COMMISSIONER HILLER: Once a month.
CHAIRMAN HENNING: Do you recall?
COMMISSIONER NANCE: I think it's -- well, the next meeting
is on this Thursday. So I think it's the second. Would that be the
second?
COMMISSIONER HILLER: The third Thursday of the month.
CHAIRMAN HENNING: Yeah, I can't make those. I've
volunteered my services for the Greater Naples Fire and Rescue to
look at fire consolidation. And they meet on the same days, same time.
COMMISSIONER HILLER: Do we have to have two
appointments?
COMMISSIONER NANCE: Yes.
COMMISSIONER FIALA: We have to have?
COMMISSIONER NANCE: We don't have to have, but we have
two. I think it's a shame if we don't. I mean, I don't know if we can
rotate somebody in there in somebody's stead, if we can have an
alternate, I don't know what the bylaws of their council call for.
COMMISSIONER FIALA: Does it have to be a commissioner?
COMMISSIONER NANCE: Yes, there are two commissioner
seats and there's also citizen appointees from Collier County that are
made by the Governor.
COMMISSIONER HILLER: But can we -- and maybe this is a
question for the County Attorney. Could we delegate a staff member to
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January 13, 2015
represent us in our capacity on that board?
MR. KLATZKOW: I don't know offhand. I'd have to get back to
you.
COMMISSIONER HILLER: Could we defer making a decision
until the County Attorney comes back? Because if we could, you
know, it would really be beneficial if for example we could have a
representative from Growth Management sitting in on that board for
us, because I think they would actually get even more benefit out of it
than we as individual board members would.
COMMISSIONER FIALA: I agree with that. There are some
things coming up that we want to address, but they would mostly be
with development anyway.
COMMISSIONER HILLER: Yeah. And they're really -- it would
COMMISSIONER NANCE: I think it might be most salient to
know if the Board of County Commission can appoint alternates to sit
in those seats. If so, we could shift it around. We could declare all the
members alternates and we could work it out as best we can.
COMMISSIONER HILLER: Or alternatively like I said have
staff that we designate to stand in -- if we appoint Commissioner
Henning but he doesn't physically have to attend, and we could appoint
someone from Growth Management to be his representative, then it
would allow -- it would actually be beneficial, because then we would
have someone from Growth Management physically, or, you know,
present at that meeting.
MR. KLATZKOW: If you can defer this until after your break,
I'll get you all that information.
CHAIRMAN HENNING: That item is not even on our agenda.
So you're withdrawing your motions?
COMMISSIONER HILLER: Yep.
CHAIRMAN HENNING: Okay, let's change seats.
Page 15
January 13, 2015
COMMISSIONER NANCE: Wait a second, we're not finished,
Mr. Chairman.
COMMISSIONER FIALA: Look at the smile on his face.
COMMISSIONER NANCE: I'm going to work him 'til the next
available moment.
We also need to confirm our representatives on the Gulf
consortium, which is currently yourself, Mr. Chair, and Commissioner
Fiala. I would hope that you two would remain on that since you're
probably current and most knowledgeable on that. Is that acceptable?
CHAIRMAN HENNING: Yeah.
COMMISSIONER FIALA: Yeah.
COMMISSIONER NANCE: I would like to confirm that.
And I would also like to make a motion to the Board to declare
Commissioner Henning our Board liaison to the Independent Fire
Districts. I believe that because of the amount of activity with the
independent fire districts and because Commissioner Henning has been
very active in that, that it would be a liaison position that we should
establish and that which would allow him to come back from time to
time and advise the Board of what's taken place so that we can all stay
current. Because it seems that he's going to remain active. And I think
he's the only one amongst us that was in the past a Fire Commissioner.
CHAIRMAN HENNING: Commissioner Hiller?
COMMISSIONER HILLER: Thank you. I couldn't support that. I
think, you know, the respective members of the Board should have the
opportunity to communicate with their fire districts and bring back
information from them as well. I wouldn't want to have just one liaison
to all the fire districts. You know, Commissioner Fiala has fire districts
within her district, I have a fire district, you know, within mine,
Commissioner Taylor has a fire district, you know, within the city. Or
not -- I guess it's a district, but, you know, the City Fire Department.
COMMISSIONER TAYLOR: Right.
Page 16
January 13, 2015
COMMISSIONER HILLER: And I don't think it's appropriate in
this particular situation to have one commissioner representing the
Board. I think we all should have the opportunity to, you know, work
and bring forward information from the fire districts within our
respective districts. Because there are constituents. And I don't think
under the circumstances it would be appropriate to nominate him as the
sole representative.
Although I will say, I do value the amount of work he has done
and his commitment to the effort, and do very much respect his history
having been a fire commissioner. So he's to be commended, but I just
don't agree with the position, and furthermore, it's not on the agenda.
COMMISSIONER NANCE: With all due respect, I don't think it
would preclude any of us from bringing anything forward. But I think
a little bit of structure is well timed on that item. But that's just my
opinion.
COMMISSIONER HILLER: I appreciate it, but I can't support it.
CHAIRMAN HENNING: That's all right, Commissioner Nance,
they've asked me to join them.
COMMISSIONER NANCE: Thank you, sir.
CHAIRMAN HENNING: Okay, let's change seats.
COMMISSIONER FIALA: I think you said that three four or five
times.
COMMISSIONER HILLER: Commissioner Nance?
CHAIRMAN NANCE: Yes.
COMMISSIONER HILLER: May I say something before you get
started?
CHAIRMAN NANCE: Yes.
COMMISSIONER HILLER: Thank you.
To begin, congratulations, and welcome. We value your service
as our new Chair and we look forward to a really good year. And I
think everybody should give Commissioner Henning a round of
Page 17
January 13, 2015
applause and thank him very much for his service in 2014.
(Applause.)
CHAIRMAN NANCE: As a matter of fact, my first duty as Chair
is going to be to present Commissioner Henning with this plaque of
our appreciation, not only from the Board but from the citizens of
Collier County for his services.
(Applause.)
CHAIRMAN NANCE: Now he has his own permanent hammer
which he can of course pull out of his pocket as needed. But he
provided some great senior leadership and guidance over the past year
through some many difficult issues, and we sincerely thank him for his
tenacity and perseverance and his service. Thank you, sir.
COMMISSIONER HENNING: Thank you.
(Applause.)
CHAIRMAN NANCE: Now, Mr. County Manager, I believe that
takes us to service awards, if any?
MR. OCHS: Yes, sir, Mr. Chairman. Congratulations.
There are no service awards, so that would take us to your
proclamations this morning.
Also would like to on behalf of the staff thank Chairman Henning
for a tremendous year of service. It was a pleasure working with you,
sir, and congratulations to all the commissioners on your new
appointments, and we look forward to working with you throughout
the year.
Item #4
PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS
Item #4A
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January 13, 2015
PROCLAMATION RECOGNIZING THE 18TH ANNUAL DR.
MARTIN LUTHER KING, JR. PARADE AND CELEBRATION.
ACCEPTED BY HAROLD WEEKS, DIAAN KEEYS, SHARON
FRANKLIN, IRENE WILLIAMS, DJ JOHNSON AND BARBARA
MELVIN. SPONSORED BY THE BOARD OF COUNTY
COMMISSIONERS — ADOPTED
MR. OCHS: So that takes us to 4.A, Mr. Chairman. That's a
proclamation recognizing the 18th annual Dr. Martin Luther King, Jr.
Parade and Celebration. To be accepted by Harold Weeks, Diaan
Keeys, Sharon Franklin, Irene Williams, DJ Johnson, and Barbara
Melvin. And this item is sponsored by the entire Board of County
Commissioners. If you'd please step forward and receive your
proclamation.
(Applause.)
MR. WEEKS: Good morning, Commissioners, good morning
those in the audience and those in TV land out there. I know you're
there someplace.
Thank you very much for this proclamation. It means a lot, not
only to myself but I'm quite sure to the community.
I want to welcome Commissioner Taylor into the den. And the
rest of you as usual looking great. 2015 I feel is going to be a
tremendous year. We're all going to work together and hopefully in
unity.
I want to say this, at our parade, which is Martin Luther King
Day, which is the 19th of this month, that will be this coming Monday,
we remember, we are a blue zone county. And I'm looking for all of
you, now is the time to start that walk. So I'm asking you to walk with
us on the 19th of January. Let's start it off right. Thank you very much.
And I know Ms. Chairman has something she wants to say.
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January 13, 2015
MS. KEEYS: Good morning, everyone. Good morning,
Commissioners. Thank you, Commissioner Taylor, for asking all the
people you have gotten together to walk with us in solidarity on
Monday morning.
Anyone who is interested, the parade lineup starts at 9:30. The
parade actually starts at 11 :00 a.m. We will begin our celebration in
Cambier Park at noon which goes until 3:00. And our goal was to
bring all the schools together, so we have many of the young kids will
be performing their step teams, their bands. Please come out and
support them and support the vendors in our community. Because we
will have several organizations who will be showing their items in the
park.
So we look forward to your support. Thank you very much.
Thanks again, Commissioner.
COMMISSIONER FIALA: May I ask, at 9:30, as people
assemble for the parade, where do they assemble?
MS. KEEYS: They start at the corner of Broad and Third Streets.
And then the parade goes around to Fifth Avenue and then up to
Cambier Park.
And we have some great floats this year. We have a submarine,
we have the mosquitoes, we have lots of stuff. So please bring the kids
out and everyone come out and support us. Thank you very much.
(Applause.)
Item #4B
PROCLAMATION DESIGNATING JANUARY 14, 2015 AS
KINDNESS AWARENESS DAY IN COLLIER COUNTY.
ACCEPTED BY BOB VOTRUBA, ONE MILLION ACTS OF
KINDNESS. SPONSORED BY THE BOARD OF COUNTY
COMMISSIONERS — ADOPTED
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January 13, 2015
MR. OCHS: Item 4.B is a proclamation designating January 14,
2015 as Kindness Awareness Day in Collier County. To be accepted
by Bob Votruba, One Million Acts of Kindness. This item is sponsored
by the entire Board of County Commissioners. If you'd please step
forward and receive your Proclamation.
(Applause.)
MS. HEALY-DOONEY: Hi. Good morning, everyone. Bob has
asked me to say a few things here.
We're really excited about tomorrow, January 14th, being
Kindness Awareness Day. While kindness is important every day, it's
pretty amazing that as a community we can come together to bring
kindness to spread around. So schools, local businesses and individuals
are gearing up and ready for tomorrow.
So we ask all of you here as well to join us in whatever way you
see fit. Spread the message of kindness tomorrow with us. Thank you.
MR. OCHS: Mr. Chairman, if we may have a motion to approve
the proclamations this morning?
CHAIRMAN NANCE: Is there a motion to approve?
COMMISSIONER HILLER: Motion to approve.
COMMISSIONER TAYLOR: Second.
CHAIRMAN NANCE: There's a motion and a second.
All those in favor, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Thank you.
Item #5A
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January 13, 2015
RECOGNIZING LINDA SWISHER, ADMINISTRATIVE
SECRETARY, OCHOPEE FIRE CONTROL DISTRICT AS THE
EMPLOYEE OF THE YEAR FOR 2014 — PRESENTED
MR. OCHS: Mr. Chairman, that moves us to Item 5 on your
agenda this morning, presentations. Item 5.A is a recommendation to
recognize Linda Swisher, Administrative Secretary with the Ochopee
Fire Control District as the Employee of the Year for 2014.
Linda, would you please step forward.
(Applause.)
CHAIRMAN NANCE: Thank you very much. Here's a plaque
commemorating you as Employee of the Year in Collier County and a
small token of our appreciation for your service. Thank you so very
much.
MS. SWISHER: Thank you.
(Applause.)
MR. OCHS: Commissioners, let me tell you and the audience a
little bit more about Linda while she poses for her photo.
Each year one employee among those honored during the year as
Employee of the Month is selected by a committee for special
recognition as the Employee of the Year. This year's honoree is Linda
Swisher. Linda has been an employee of the county for more than 28
years. She's been an invaluable employee of the Ochopee Fire Control
District, having served as administrative secretary for three fire chiefs
and has navigated many changes in the district throughout the years.
Linda's primary duties include daily operations of the Ochopee
Fire Control Administration Office, handling all clerical and secretarial
responsibilities, and providing operational support to the staff.
Last year Linda took on additional responsibilities at the Isles of
Capri Fire Department after their employee took a position in a
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January 13, 2015
different department. Linda's accumulation of knowledge of the job
functions for each facility is a tremendous resource. She continues to
perform well above her required responsibilities, and her dedication to
all of the fire stations and personnel is a perfect example of why she's
so deserving of this award.
Commissioners, it's my honor to present Linda Swisher as your
Employee of the Year for 2014. Congratulations, Linda.
(Applause.)
Item #5B
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR JANUARY 2015 TO WILLIAM C. HUFF
COMPANIES. ACCEPTED BY JIM HENDERSON, PRESIDENT,
WILLIAM C. HUFF COMPANIES; JOHN PURCHASE,
GENERAL MANAGER; JASON ABIDIN, CLIENT
RELATIONSHIP LIAISON; SUE HUFF, PUBLIC RELATIONS —
PRESENTED
MR. OCHS: Mr. Chairman, Item 5.B is a presentation of the
Collier County business of the month for January, 2015 to William C.
Huff Companies. To be accepted by Jim Henderson, President,
William C. Huff Companies; John Purchase, General Manager; Jason
Abidin, Client Relationship Liaison; Sue Huff, Public Relations; and
Andrea Sturzenegger, VP of Membership and Marketing for the
Greater Naples Chamber of Commerce.
If you'd please step forward and receive your award.
(Applause.)
MR. HENDERSON: And I'm just going to take a minute, Sue.
Honest, just a minute.
This is a great award and we certainly appreciate it. And I'd be
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January 13, 2015
remiss not to mention the impact that the Chamber has made in our
business life. We came here about 19 years ago with just a couple
people and a truck, and 19 years later, with the help of organizations
like the Chamber of Commerce, we've grown our business to almost
20 full-time staff with a payroll of over a million dollars. And that's
something that we're grateful to have the opportunity to be here in this
great county of Collier County, and all of the people that support us.
And our involvement in the community with over 14 different
nonprofits I think is hopefully exemplary for other businesses that
aspire to be a prominent part of the business community.
But again, thank you very much for this award. And on behalf of
William C. Huff, thank you.
(Applause.)
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: I just want to make a comment. Mr.
Huff, you took the words right out of my mouth when you talked about
your community service. You as an organization are really exemplary
in terms of your outreach. 14 nonprofits are benefiting from both your
donations and your volunteer time. And we are so grateful to you and
we hope that other companies in the community emulate you. Because
that's why Collier is such a great place. On top of your business
contribution which we're very grateful for. So thank you so much. I
had the opportunity to see Sue all over. Most recently I saw her at the
Special Olympics event. And I have a very compromising picture of
her, if you would like to get a copy of it; I'm happy to provide it.
MS. HUFF: Along with you.
COMMISSIONER HILLER: I'm not relevant, it's Sue's
positioning that I would say was most significant. But she is
wonderful, as are all of you. Thank you.
MR. HENDERSON: I would like to see that, Commissioner
Hiller. And we have to go get some business.
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January 13, 2015
COMMISSIONER HILLER: Thank you.
Item #11A
THE CLAM BAY NATURAL RESOURCE PROTECTION AREA
(NRPA) MANAGEMENT PLAN (PLAN) AND AUTHORIZE
PELICAN BAY SERVICES DIVISION TO ADMINISTER THE
PLAN - MOTION TO APPROVE PLAN AS PRESENTED —
APPROVED
MR. OCHS: Mr. Chairman, that would move us to Item 11 on
this morning's agenda. 11 .A is an item that was continued from the
December 9th, 2014 meeting. It's a recommendation that the Board of
County Commissioners approve the Clam Bay Natural Resource
Protection Area Management Plan, and authorize Pelican Bay Services
Division to administer the plan.
Mr. Dorrill, your Pelican Bay Services Division Administrator,
will present.
MR. DORRILL: Good morning, Commissioners. And perhaps
we could borrow the little kindness dog that was here earlier and bring
him to Clam Pass. We could use a little kindness and cooperation at
Clam Pass.
I don't intend to reiterate the full executive summary here, in
deference to your time this morning, but most recently you had asked
us to go back and provide some additional time, not only for
Commissioner Taylor, we had given her a briefing in advance of our
last appearance here in December, but also an opportunity for the
Seagate community and the City Council to weigh in on this particular
matter.
We did. We made a presentation to City Council after our last
attendance here. And there were several issues that I would like to
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January 13, 2015
highlight. And I've done this previously in a reply to a request from
Commissioner Fiala.
The first concern had to do in a stipulation that all beach
compatible sand from any future inlet maintenance events would be
placed on the county's public beach to the south.
We would love to do that and we would intend to do that. And in
fact the majority of the sand always goes to the south based on the
management plan.
Florida law was changed, though, 10 years after the 1998
management plan in 2008. And Florida law now requires and in fact
our DEP permit requires us to place sand on both sides of any natural
inlet for which beach compatible material is available. So we're
somewhat at the mercy of the State of Florida and the statute and the
associated Administrative Code and the permits for that particular
matter.
There has been some question as to whether or not or how the
amounts were determined in the most recent dredging event two years
ago. Those amounts were all independently surveyed by your coastal
engineer. And in fact I was there one time during the course of that at
1 :00 in the morning on New Year's Eve, and the independent
engineer's field engineer was there tallying each load and cubic yard of
sand on either side of the pass at that particular time.
The invoice that was sent to the Foundation -- and had it not been
for the Foundation there would not have been an emergency reopening
of the pass, because we needed their cooperation to place a fraction of
the sand on the north side of the pass -- the invoice was prepared by
Pelican Bay Services Division, our fiscal specialist, off of the certified
survey of the amount of the material that was placed there.
The second item that came to us as a result of City Council and
Naples Cay was that an area within Outer Clam Bay that has
historically been referred to as Cut 4.A was not specifically mentioned,
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January 13, 2015
and frankly that was by design. There are no individual areas that are
mentioned within the plan. All interconnecting waterways and all bays
are mentioned and will be the subject of an annual bathymetric survey
by a certified professional land surveyor.
Any bay or any connecting waterway is eligible to be dredged
based off of the annual survey. But there is no area that is guaranteed
to be dredged in the absence of survey and other scientific data to
support that.
I think your advisory board feels strongly about that particular
matter, that there's no individual area that is noted for special treatment
or guaranteed dredging; they are all required to be surveyed as part of
the management plan that is proposed.
And then the final area has to do with a -- I think a misapplied
concern or opinion that amendments to the plan will be somehow
unilaterally approved by the Pelican Bay Advisory Board. And, you
know, frankly that's just not the case. That's not how your process
works here.
And in fact I think it's on Page 3 of the plan where it indicates the
specific role of the Pelican Bay Services Division. In the next to the
last paragraph at the bottom it says: The Pelican Bay Services Division
will direct the management plan and has the responsibility for its
implementation. But then it goes on to say: As such, the PBSJ will plan
and implement a defined management series of activities with the
Board of County Commissioners' approval, whose purpose will be to
protect, preserve, maintain and monitor the natural communities.
To me that speaks to the authority and the power and the role of
the Board of County Commissioners. But if there's something that we
can do to address further concerns to make sure that it is this Board
that will make any and all policy decisions related to the plan, I think
we stand prepared to do that.
There are a host of other issues. I won't address those in my
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January 13, 2015
executive summary remarks, but perhaps I can answer other questions
that you might have, or we'll wait and see the questions that come from
the public as well. Thank you.
CHAIRMAN NANCE: Are there any public speakers on this
item?
MR. MILLER: Yes, Mr. Chairman, we have 19 registered
speakers on this item.
CHAIRMAN NANCE: All right, sir.
MR. MILLER: Your first public speaker is Susan O'Brien. She'll
be followed by Mary Bolen.
If we could ask you to use both podiums and be waiting at the
second podium.
MS. O'BRIEN: Good morning, Susan O'Brien, Chair of the Clam
Bay Committee.
I think everyone knows that our Clam Bay Management Plan has
been under development for the last 20 months. 50 area stakeholders
were invited in May of 2013 to provide input into the management
plan, and 16 stakeholders responded in writing, including the City of
Naples and Naples Cay.
The recent request from the City of Naples and Naples Cay are
very different from what their original input was. Not only are these
recent requests different from the original ones, but one of these
stakeholder requests now wants to revert back to language in the 1998
plan.
The 2014 plan reflects the current conditions and the needs of
Clam Bay and current Florida Statute and FDEP requirements that Mr.
Dorrill just referred to that are totally different from what they were in
1998. Why would we want a management plan that does not match the
current needs of Clam Bay and state based requirements?
I have to wonder why at the 11th hour these requests are being
made. Could it be that what is being sought is not to improve the plan
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January 13, 2015
but possibly to derail it?
I have three questions.
Question number one: Did every stakeholder get everything he or
she wanted in the management plan? No. The plan represents middle
ground that seeks to sustain and protect the Clam Bay NRPA, which is
truly a unique resource here in Collier County.
Question number two: Can the plan be amended after it is
approved if it needs to be amended? Yes, it is a living document.
Finally, question number three: Who loses if the approval of the
management plan continues to be held up because a stakeholder group
wants the final word on a sentence or two in the management plan?
Clam Bay loses. Because its health cannot be maintained in optimal
condition without the approval of the management plan that is needed
to obtain the 10 year dredging permit from the U.S. Army Corps of
Engineers.
It's been about seven years since the last Army Corps 10 year
permit expired. And it's been eight years since the last regular
maintenance dredging was done in Clam Pass.
Please consider doing what is best for Clam Bay and approving
the management plan. Thank you.
MR. MILLER: Your next speaker is Mary Bolen. She'll be
followed by Peter Duggan.
MS. BOLEN: My concern is over the pass. I've been before you
before. This is a NRPA. It's a very special place. We have gone on and
on and on with this. After all these meetings, all this time, at the 11th
hour all of a sudden we have people interested again. Where were they
during those months of discussions when all these stakeholders were
meeting?
All I care about is that pass, its health. It's something that's very
special to us. Thank you.
MR. MILLER Your next speaker is Peter Duggan. He'll be
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January 13, 2015
followed by Garrett Beyrent.
MR. DUGGAN: Peter Duggan. Thank you for welcoming us here
for the mangroves.
I would like to represent the group that you'll hear from later and
so you understand a little more about us, our definition of-- reason for
being is the Mangrove Action Group is dedicated to conserving the
Clam Pass Bay Natural Resources Protection Area, NRPA, to
preserving its natural mangroves and wetland and the flow and quality
of its water.
Based upon these excellent speeches you've heard before, I'm just
going to go quickly to a summary which is if I was in your seats I
would look at the professionalism that you're going to see, and you
probably already know from the Pelican Bay Service Division, from
Mohamed Dabees and Tim Hall from Humiston-Moore and
Turrell-Hall. And these groups have been working on this for 24
months. Then I read this letter. And the mangroves are not really
interested in politics, they're just interested in getting things done. In
fact, I went and spoke to Terry, the gopher tortoise yesterday, and he
said to me, would you please pass on to you Collier County
Commissioners that I need this to move along.
And then the white mangroves, who have propagules, so they can
talk to me as well, they're just begging that you take care of their little
footprints.
So in summary I look at this and say, okay, you've got Seagate
who claims that they want the best for the water and are concerned
about water quality. We don't have a water quality in Clam Bay. In
Seagate you have, and in Moorings Bay and Venetian Bay you have a
unique situation because of your seawall. Whereas we have a
meandering shoreline because of the mangroves.
Mohamed Dabees has done significant studies showing that if we
had a bridge or we had significant larger culverts, you would have a
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January 13, 2015
dewatering effect from the Outer Clam Bay into Moorings Bay, which
would impact the dynamics and the hydrology of Clam Pass.
So I look at the professionalism of two and a half years, two of
the best consultants, the people you'll hear from later, and I look at this,
you know, vague comments about concerns from some city residents.
At the City Council they're more concerned about the sand and
who's going to pay for the sand. We paid -- Pelican Bay Services
Division paid for the sand they used last time.
So look at the work done and good luck on your decision. Thank
you.
MR. MILLER: Your next speaker is Garrett Beyrent. He'll be
followed by Nicole Johnson.
MR. BEYRENT: For the record I'm Garrett FX Beyrent. Last
time I was here I brought in a box with 2,000 pages of documents
relative to Outer Clam Bay. And I've actually reduced it to three pages.
And I'll start with my objection to the plan. The plan is 179 pages, and
I came up with two objections to the 179 pages. And I'll read them.
This is on 5.0, Page 43, Clam Pass dredging, dredging policy.
Dredging will only be done for the health of Clam Bay NRPA, not for
navigation or beach renourishment. I objected to that.
And on Page 50, this is Item 6.0, authorized construction
activities. And it says: Dredging for navigation or beach renourishment
will not be done.
Now, this conflicts with the resolution that I previously settled
with the county 30 years ago relative to Outer Clam Bay. And the
resolution says: Resolution approving settlement of DO8H case
numbers 84-2264 and 84-2896.
My basic argument has always been that the oldest waterfront
subdivision in Collier County that has direct Gulf access is Seagate. It
always has been since 1955, and in 1985 the Department of the Army
Corps of Engineers declared the channel accessing the Seagate
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January 13, 2015
subdivision through Clam Pass into the Gulf of Mexico as a navigable
channel, and we put up structures for navigation purposes.
The bottom line is, is that this plan is in direct opposition to an
agreement I reached with the county 30 years ago. And this was
always a riparian rights issue. We can all talk about the environment
and everybody knows the environment's been degraded over the last 35
years in Pelican Bay, mostly due to fertilizers that are washing off the
lawns and out into the bay area and causing copper contamination.
Anyhow, that's my argument. My argument is this is a navigable
channel and the people in Seagate and elsewhere in the county are
entitled to use it as such. Thank you.
MR. MILLER: Your next speaker is Nicole Johnson. She'll be
followed by Kathy Worley.
MS. JOHNSON: Good morning. For the record, Nicole Johnson,
here on behalf of The Conservancy of Southwest Florida.
Mr. Chair, congratulations on your new chairmanship.
The Conservancy is here today in support of the Clam Bay
Management Plan, and we ask that you approve it as it has been
presented.
As I stated when The Conservancy was here back in October, we
really want to thank all the residents, stakeholders, staff and
participants who have been part of this multi-year process to get this
updated management plan to where it is today. The Conservancy has
been an active stakeholder in this process, because we want to make
sure that the ecological integrity of this system is maintained through
future dredging projects and through the wording of the management
plan.
Being a natural resource protection area, the Clam Bay system is
one of our local gems that has unique needs focused on ensuring that
when activities such as dredging occur, the ecological value and
integrity of the system is maintained.
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January 13, 2015
This has been the focus of our participation. And we very much
appreciate when we were here in October and we had a few
outstanding concerns the Commission did send the plan back to get
those concerns resolved. And I'm very glad to say the resolution was
achieved.
As Ms. O'Brien stated earlier, this plan is a consensus document.
Everyone had to give and take. And the result of that is something that
while it's consensus, we believe that it has sufficiently addressed
everybody's concerns. And most importantly, it sufficiently protects
the integrity of the ecological system.
It's a living document. There will be chances for review and
update periodically so it isn't static. That review is built into it.
Another very extremely important thing that you did at your
meeting in October was to direct staff to include the management plan
as part of the permit application for the dredging. And that has been
done and The Conservancy very much wants to support keeping that
management plan in the dredging permit.
It's kind of unique to do that, but most of the passes in Collier
County are dredged for navigational purposes. The Clam Pass system
is unique because the dredging is triggered by the ecological system
and the needs of that system. So we believe that having that
management plan tied to the permit application and tied to the permit
is something that is very, very important.
So again, we believe that the years and years of input and
stakeholder consensus that has gone into the document that is before
you today is something that you should feel very comfortable and very
good about approving. We ask that it be approved and we ask that the
management plan be maintained as part of the application and ultimate
permit for the dredging. Thank you.
MR. MILLER: Your next speaker is Kathy Worley. She'll be
followed by John Domenie.
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January 13, 2015
MS. WORLEY: Good morning, Commissioners. Kathy Worley
for The Conservancy and the Director of Science there.
And just to recap a little bit and elaborate a little bit on what
Nicole said is that The Conservancy did meet with Pelican Bay
representatives and worked out a compromise. We reached this
compromise by adding in a freshwater component of the plan which
was built on the knowledge derived by studies from the 1998
restoration plan, and language within the plan was also strengthened to
address the ecosystem-wide concerns and to ensure that the ecological
and hydrological components of the plan are looked at together prior to
determining any actions.
Additionally, like Nicole had previously indicated, we did put --
some language was put in there to tie the dredging permit to the plan.
And this is very important. Tying the permit to the plan ensures that
the ecology is looked at in conjunction with the hydrology whenever
you're doing dredging.
And the plan provides the framework by which the permit can
work within. It ensures that the system is dredged only for the health of
the estuary and that the pass is dredged using scientific ecological and
hydrologic hues together to determine when dredging should take
place.
Finally, the language was also inserted into the plan to evaluate it
annually. And this will allow all stakeholders a venue to discuss their
concerns and any results of the monitoring or any implications they
feel that has resulted as a result of the management plan.
Also, changes can be made at this time to incorporate new
scientific knowledge into the plan that is beneficial to the estuary. In
other words, you're going to adaptively manage this estuary. It won't --
like Nicole said, it won't be static.
And there seems to be a significant discussion about sand
placement. And what I would like to point out is that any sand that
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January 13, 2015
goes on these beaches is an incidental by-product, since dredging is
only done for the health of the estuaries. You aren't dredging for beach
renourishment. The objective is to dredge only when necessary to keep
the pass functional. And the smaller the dredging footprint, the better
for the estuary. So the longer we can go without dredging, the better.
So the point is, is that the county shouldn't count on dredging for
beach renourishment, as this pass is not dredged for that purpose. And
it really shouldn't be. Thank you.
CHAIRMAN NANCE: Thank you.
MR. MILLER: Next speaker is John Domenie. He'll be followed
by Pat Dudasik.
MR. DOMENIE: Good morning, Commissioners. Happy birth --
Happy New Year. Sorry.
The present plan covers 100 percent of the NRPA. And the
NRPA as you know is county property. Sorry. And as you know, the
NRPA is county property, and thus the plan protects county property.
I'm not going to get involved in the technical items of the pass or
the sand, I'm just going to limit myself to the pictures. And you
received from me a note earlier, or last week with some of the pictures,
and I will show them to you.
Now, you'll see there are Sea-Doos and outboards in these
pictures. Where do these come from? The NRPA has no facility for
launching these boats. The pass I've only -- or I've only heard of one
attempt of the pass being used for a Sea-Doo or power boat to enter,
because the pass is a recreational area where kids float around in
inflatables, you see fishermen and swimmers.
So where do these Sea-Doos come from? We have residents from
high-rise which overlooks Clam Bay and specifically Outer Clam Bay
who live in The Heron, and they have taken enumerable pictures and
they can come here and testify that the boats that you see and the
Sea-Doos that you see come directly from Seagate.
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January 13, 2015
Now, Seagate has expressed great concern that Pelican Bay has
somehow affected the seagrasses that grow in the pass and in the
waters. Actually, if you look at this first picture, you can see what
Sea-Doos do when they enter into this very shallow area which has an
average depth of only about 18 inches. You can see it churning up the
dirt and seagrasses are being killed.
Secondly, Seagate has expressed their concern that somehow
wherever Pelican Bay's involved that dolphins, manatees, et cetera
don't come to Outer Clam Bay.
If you were a manatee, would you remain there when you see an
800-pound Sea-Doo coming at you at 40 knots? I don't think so. And
the wake of these boats causes kayakers, canoers and paddle boarders
great stress.
And finally, the engines in the Sea-Doo is about the size of some
of the smaller cars. And the Sea-Doo weighs between 600 and 800
pounds and its exhaust gets into the water system with oil and gas.
Thank you.
CHAIRMAN NANCE: Thank you, sir.
MR. MILLER: Your next speaker is Pat Dudasik. He's been
ceded three additional minutes from Dr. Donald Buser, and he will be
followed by Jim Hoppensteadt.
MR. DUDASIK: Good morning. My name's Pat Dudasik. I'm a
Naples resident and a board member of the Seagate Property Owners
Association.
I do not own a boat, but I do live 20 feet from Clam Bay. This is
the same statement that most Seagate residents can make: We live and
breathe this water every day. I can tell you that over the past three
years of being a board member, our most important concern of the
Board and our community is the quality of water in Clam Bay.
Especially the water quality and circulation of Outer Clam Bay and the
canals of Naples Cay and Seagate.
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January 13, 2015
I thank the Pelican Bay Services Division for taking the time to
try to improve the management of Clam Bay. However, their view and
interest are stated to be that of Pelican Bay, and the perspective is not
of the entire estuary. That is why the residents of Seagate agree with
the letter written by Mayor Sorey stating language from the 1998 plan
is far more appropriate than the narrow language currently being
proposed. It was after all the 1998 plan that was written by a broad
group of participants and stakeholders which resulted in the dredging
and maintenance plan that Clam Pass opened and water quality
flourishing for over six years.
The 1998 plan language regarding Cut-4.A needs to be included
in this plan. This is not an insignificant tributary, but this is the main
water flow into Outer Clam Bay and the canals of Seagate and Naples
Cay. Maintaining sufficient water flow and circulation in the area
south of the pass is critical. And currently there is no stated measures
to monitor, dredge or maintain this area. This is in stark contrast to the
1998 plan.
In Seagate's meeting with Susan O'Brien and Tim Hall, Mr. Hall
told me that opening up Cut-4.A would increase water flow through
Clam Pass and reduce the amount of water flowing through the
Seagate culverts. This would occur as flow through Clam Pass would
be less restricted, and not lag the flow of water through Moorings Bay
nearly as much as it does now.
The Seagate community agrees that a solid multi-stakeholder
management plan is critical to the health of Clam Bay. The County
Commissioners should review and approve and the county should be
named the permittee on all dredging permits, which is not currently the
case. The County Commissioners should seek input and ideas from all
sources and not follow a process that runs everything through the filter
of only one stakeholder, Pelican Bay Services Division.
I thank you for your time and consideration of including the
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January 13, 2015
language as proposed by Mayor Sorey and the City of Naples.
MR. MILLER: Your next speaker is Jim Hoppensteadt. He'll be
followed by Judith Hushon.
MR. HOPPENSTEADT: Commissioners, Happy New Year.
I'll be brief. I think the comments made by Neil, Susan, Nicole,
Kathy and The Conservancy have been factual, relevant and they were
made very articulately. So I don't think I need to add to those.
I would only say that the Foundation has reviewed and supports
the plan and would urge you to please pass it and approve it.
MR. MILLER: Your next speaker is Judith Hushon. She'll be
followed by Dave Trecker.
DR. HUSHON: Good morning, Commissioners. I have a few
constructive suggestions.
I'm not going to address the whole plan, but looking at this as a
scientist, this is a picture, and you can zoom in maybe a little more.
But this is a picture of the Clam Pass taken on Sunday morning. And I
just -- it's just a panorama. But on the bottom it shows how the sand
that was put on in the last dredge moved and where it went. It went
down into Outer Clam Pass and is now clogging up some of the
mangroves.
Yes, we need to move some sand. But I have concern about
where that sand could go. It shouldn't be placed as it was in the last
dredge, on the north side. I understand that Pelican Bay is concerned
about their beach house. And it was almost undermined at that time by
the scouring which occurs.
There are some option for protecting that beach house. They
could go in for a separate permit for rip-rapping that north shore or
stabilizing that north shore in some way; putting sand to the south so it
does not move into this pass. Putting it on the north, it moves right in.
I have one other little photo that shows you the scouring. You can
see the ledge in the back there. That ledge is where the scouring has
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January 13, 2015
occurred. There's a sand dropoff.
One other little suggestion concerning water quality. I know
Seagate is very worried about the water quality in the Outer Clam Bay.
And they should be. The water is not pleasant. It's well overloaded
with nutrients. And I highly recommend that we look into the
possibility as a county, because this is not city land, of doing what the
city has been doing lately, which is putting in some floating island.
Mike Bauer is an expert on this, he can help with that.
But these floating islands absorb nutrients from water. And that's
one of the main complaints of the Seagate residents. So that is a strong
recommendation from me to place some of those islands strategically,
and then you have to replace the plants as the plants overgrow.
But they work very well. And actually the city has placed one of
these islands right at the outfall of the big round conduit that connects
the -- Moorings Bay, it's in Moorings Bay but it connects with this.
So I'd like to throw these out as a few other ideas. You know, it
isn't always one way or always another. There are some other
solutions. And that's what I'm trying to bring here. But we definitely
should not plan on putting sand up on the north, because it just goes
into the pass. Thank you.
CHAIRMAN NANCE: Commissioner Hiller, you have a
question?
COMMISSIONER HILLER: It's actually clarification. And Mr.
Hall, would you mind stepping forward? And I just want to make sure
that this gets on the record in light of what you mentioned, Judy. And I
appreciate your comments. But I think two corrections are in order
based on the statements you made.
The first is with regards to the placement of the sand during the
last emergency dredge. That placement was mandated by the Army
Corps. That wasn't at the option of the county.
And in fact, Mr. Hall, if you could state for the record what the
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January 13, 2015
Corps required with respect to the placement when it came to the sand
for that emergency dredge.
MR. HALL: Well, because --
MR. OCHS: For the record.
MR. HALL: Oh, yeah, I'm sorry. For the record, Tim Hall,
Turrell, Hall & Associates.
The authorization that was granted for the last dredging event was
a nationwide permit from the Corps of Engineers which has very strict
limitation in terms of what you can and can't do. And one of those is
that the dredging that was done and the placement of sand has to be
done in areas that were previously authorized under -- or that were
authorized under previous permits.
And it also limits you to only being allowed to put sand above
mean high water. It doesn't allow you to do any filling of wetlands or
waters of the U.S. And because of that, the amount of sand that we had
to take out of the pass and the limited area that we had to put it, it was
all put on those uplands and did create some problems. None of us
involved think that that's the optimal solution, and that is not the way
that is being proposed going forward in terms of the permits. The
permits that we're requesting for allow placement of sand below mean
high water, allow proper sloping of the sides, and allow the placement
of the sand so that the escarpments and some of the issues that were
observed during the last event don't occur again.
COMMISSIONER HILLER: So to clarify, Judy, the sand wasn't
placed there to protect any building, nor was it placed there at the
discretion of the county. It was mandated by the Army Corps pursuant
to law. That's the first issue.
The second issue is the question of water quality. And extensive
testing was done by the county with outside consultants of the water
quality in the Clam Bay system. And I believe -- I don't want to
improperly use the term, but I believe it's called a WBID. Is that --
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January 13, 2015
DR. HUSHON: Yes, Water Body ID.
COMMISSIONER HILLER: Yeah. Let me just consult with the
County Manager.
County Manager, we have two separate WBIDs. One is the Clam
Bay system WBID, if you fairly call it that, and then the other is the
Moorings WBID, which is a separate WBID.
And the determination was made when testing the water quality
within the Clam Bay WBID, that the quality was well within the
standards for that system and there is no contamination or pollution, if
you will. And so while you may say that certain nutrient levels may be
elevated, the levels of the nutrients within that system are deemed to be
the norm for this system.
Similarly, there are different nutrient levels for the Moorings
WBID, and those nutrients levels are deemed to be normal for that
system. It's not a one-size-fits-all. And so your statement about water
quality within Clam Bay, based on the testing done by the county is
deemed to be otherwise.
So I just want to make sure that you understand that for the
record, that we have done extensive testing. Because we are always
concerned about water quality and water is very important to us as a
county, so we are constantly looking at that.
And we have an absolutely outstanding environmental
department under the jurisdiction of Mr. Casalanguida. And I'm sure
Mr. Casalanguida can provide you with the reports of the testing that
were conducted and the conclusions arrived at.
DR. HUSHON: There is sometimes odor. And I know that the
Seagate residents are upset with that. So this is why I was making the
statement.
COMMISSIONER HILLER: And let me say, I have to go back in
my memory, and I really hope this is not happening, but I remember
way back -- and there's no evidence based on our testing of this, and
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January 13, 2015
I'm not sure where this might be flowing -- but at one point when I first
came to Collier County, there were -- there was a lot of upset in
Seagate about odor. And it was found out that the city, not the county,
but the city -- and I don't know if this is true, and it has to be verified,
that there was some sort of outlet, some sort of sewage outlet or
something like that, some sort of waste outlet from the city. Was it --
do you know about that? Do you remember that? And they were like
dumping into -- now, I sincerely hope that's not even happening, you
know, even by exception today, but I would just confirm with the city
that nothing is being dumped by the city in Moorings or anyone else.
CHAIRMAN NANCE: Okay, I'm going to allow Commissioner
Taylor to make a comment, but then I'd like to get back and let's hear
the continuing testimony of the public speakers and then we can get
into the issues.
Commissioner Taylor?
COMMISSIONER TAYLOR: This may be out of order because
you brought Mr. Hall up, and I just wanted just to make a comment,
Mrs. Hushon, that yesterday we contacted the Department of-- the
DEP, and they don't mandate where the sand is being placed. In fact,
they were quite surprised because the initial two-year -- three year ago
the dredging permit that came in, somehow in the course of the process
it was changed, and it wasn't changed by them. Thank you.
MR. MILLER: Your --
COMMISSIONER HILLER: I think this is important.
CHAIRMAN NANCE: Okay, let's continue with the public
speakers and then we'll go back and we'll talk about these issues that
have been raised.
MR. MILLER: Your next speaker is Dave Trecker. He'll be
followed by Bruce Conley.
MR. TRECKER: Thank you. I'm Dave Trecker, I'm Chairman of
the Pelican Bay Services Division Board. Happy New Year.
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January 13, 2015
Commissioner Nance, congratulations on your elevation as
Chairman. And Commissioner Henning, we all owe you a thanks for a
job well done over the past period of time.
I'm not going to repeat points made by my colleagues in favor of
the current plan. I think those points have been adequately made. I'd
like to comment, however, on the persistent reference to the 1998
Management Plan.
Times were different then. And the thrust of the plan was
different. It was directed toward remediating mangrove die-off And
that has been since arrested, we've done a good job with that.
The new management plan casts a much broader net. We're still
concerned about the mangroves, of course. But the proposed version of
the management plan also deals with flora and fauna of all sorts with
bathymetric health, with water quality, big emphasis, major emphasis
on water quality. That's going to be an important part of the plan.
In addition to that, recreation and even preservation of
archeological sites. So the '98 plan is not what we need here. And
certainly going back and lifting sections from it in our view really
doesn't make a lot of sense because things have changed very much.
The dredging templates have changed since then because the
objectives have changed. What we want to do of course is manage this
thing based on current data, on current monitoring, on measurements
made last year, not 16 years ago.
We've been at this a long time, as previous speakers have
indicated. It's been a compromise from start to finish. We think it's a
sound plan. There is a provision in it for changes, and we certainly all
agree that even though the Pelican Bay Services Division may monitor
and recommend changes, the final decision is of course up to the Board
of County Commissioners. I respectfully urge that you approve the
plan. Thank you.
CHAIRMAN NANCE: Thank you.
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January 13, 2015
MR. MILLER: Your next speaker is Bruce Conley. He's been
ceded three additional minutes of time from Walter Grote. He will be
followed by Linda Roth.
MR. CONLEY: Good morning, Commissioners. I am Bruce
Conley and I live at 5085 Seagate Avenue in Seagate.
And I was given a letter and asked to read it into the record, but
much of this material has already been covered, and I don't want to
take up your time just reading.
But I have some concerns. I live on the water. I live on the water
that people are talking about. I'm not in a high-rise somewhere. And
I've got to tell you, I've been here for 33-and-a-half years. I'm not
exactly a newcomer. And this water, to pretend that it is holding and
being maintained in terms of the quality of water system is just not
what I'm seeing.
I am appreciative of the efforts by Pelican Bay and by the county
and in the past by the city. And I'm also one that believes in consensus.
It's time to stop fighting over all of these issues.
The reality is that in Seagate, and I am the vice president of the
property owners association, in Seagate the quality of water is critical.
And the only way we're going to be able to maintain it is to have more
frequent flushing. The only way I'm going to start to see the same
number of snook that I used to see at my dock years ago is if there is a
better flow of water to our end of this water system.
Now, it seems to me in the consensus area there are only four
issues that have been brought up by letters and mailings and
conversations that need to be -- that need and should be addressed.
These issues are -- the first one from the letter is the plan should state
that the sand dredged from Clam Pass and the channel leading to Outer
Clam Pass that severely eroded public beach at Clam Pass Park.
Pelican Bay talked about being required to put sand on the shore. I
think that's fine, if a government agency requires it, an appropriate
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January 13, 2015
governing agency, that makes sense. Otherwise, I don't see any reason
for the sand to be added to Pelican Bay's side of their beach.
Maintaining the 4.A cut is critical to us. And Pat mentioned that
already. And I've seen the difference. I'm going to go back to a couple
of dredges ago. And while that dredge enjoyed the same limited
success as a lot of other dredging efforts, what I did see was that -- I
don't want to say clean, clear water, but the clearest water that I had
seen in years in that area. It also brought back many of the fish. And
I'll just give you a number. This is not a scientific study, but I have a
dock light, and this dock light attracts the little bugs and the bugs
attract the little fish and then pretty soon we have the snook. And I go
out there periodically or I look out my window and I see how many
snook are in the lights. And on average, even just a year ago, it was 10
to 20.
Now, as a local resident and somebody who's watched, that
means if I can see 10 to 20, there's twice as many just outside of the
light range.
That's changed. I'm seeing three to five now. Unless we get a very
super high tide or an above average high tide, I see three to five snook.
When we get a little bit higher tide change I see more snook. So it's
pretty easy to understand we're not getting the flow that we should,
from my perspective.
The water quality. We did the four -- I'm sorry, I'm looking at my
notes, I do apologize.
The discussion about Florida environmental agency guidelines for
water quality sampling in Outer Clam Bay. I have a personal problem
with this. I have asked verbally for access to the results of these tests.
And I would add to it, I would like to have not just the results for our
community, I'd like to know what the interpretations are of this
material. And I don't feel that that access has been forthcoming. But I
did hear some double talk about well, the studies aren't the same, da,
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January 13, 2015
da da, da, da, da. Now I would like access. And my point is this, it isn't
to accuse anybody of anything. It's to suggest that that's what builds
consensus. If we see the same data you see and we know that you're
looking out for the interest of the estuary, I think that's all we can ask
for in that area.
The change in the language regarding the future amendments to
the proposed management plan, I've heard discussion about well, the
county board is the final word. It seems to me that that could be
clarified in the language and it seems to me that basically Pelican Bay
is a natural stakeholder here, a significant stakeholder, and they should
have advisory rights or access. But so should all the stakeholders.
And I think this discussion about consensus, it amazes me to hear
this conversation as if they have gone out of their way to get
consensus. And virtually every neighborhood stakeholder is not
satisfied. That's a failed effort to get that consensus. But it's so close
that I'd be amazed if we can't get on common ground. I thank you.
CHAIRMAN NANCE: Thank you, sir.
MR. MILLER: Your next speaker is Linda Roth. She'll be
followed by Mary Johnson.
COMMISSIONER FIALA: I thought she ceded her time to him.
Excuse me just a minute. Who were the people that ceded their
time to Bruce Conley, please?
MR. MILLER: That was Walter Grote.
COMMISSIONER FIALA: And?
MR. MILLER: That was it.
COMMISSIONER FIALA: Oh, okay, I'm sorry. Okay, thank
you.
MR. MILLER: Ms. Roth?
MS. ROTH: Yes. Good morning, Commissioners. I'm Linda
Roth. I've attended 26 of the 28 Publicly Noticed PBSD Meetings and
read every page of the 12 versions of the NRPA Management Plan, as
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January 13, 2015
well as the communications between Seagate, City of Naples and
PBSD.
The primary argument presented in the City of Naples letter dated
yesterday, January 12th, '15, requests that the Clam Bay NRPA
Management Plan should revert to language in the 1998 plan.
This argument fails to recognize that the 1998 conditions in Clam
Bay no longer exist. As an example, dredge cut number 4.A, an
interconnecting waterway into Outer Clam Bay required dredging in
1999. Currently this cut no longer requires dredging, since it has not --
since it has not only maintained stretch depth of minus four feet in
1999, the depth has increased and is flushing well. The NRPA plan
states that all interconnecting waterways will be monitored and
dredged when needed.
And furthermore, state rules regarding sand placement, I just
handed out the state beach management plan, and it does say clearly
they always use the word adjacent. That means north and south of an
inlet where eroding beaches has occurred. Where it needs remediation,
okay. If it happens to be the north, you remediate the north. If it's more
in the south, you do both. But in the past it has always been the south.
In 2011 erosion started to occur in the north beach. And in 2012 it
was so severe that Foundation had to put sand bags and concrete
barriers there. And that is the reason also to protect property. And that's
throughout the state. That's why we -- beach renourishment occurs is to
protect private property.
So anyway -- and all concerns expressed in the City Council letter
and previous concerns, they brought out the same three points over and
over again, and it's been addressed in the plan. PBSD has responded to
these concerns for providing to BCC specific page numbers, references
in the plan that address concerns of the City Council.
Please do not be swayed by the speeches, arguments of people
who have refused to participate in the creation of this fair and balanced
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January 13, 2015
plan developed by experienced environmental scientists, coastal
engineers and thoughtful stakeholders through a long inclusive and
transparent process. I urge you to approve this management plan and
authorize PBSD to implement the plan.
CHAIRMAN NANCE: Thank you, Linda.
MS. ROTH: Thank you.
MR. MILLER: Your next speaker is Mary Johnson. She'll be
followed by Ted Raja.
MS. MARY JOHNSON: Good morning, Commissioners. I'm
Mary Johnson and I'm here as a member of the Pelican Bay
Foundation Board.
I would just like to reiterate several of the points that you've heard
here very eloquently expressed by the representatives of The
Conservancy and the Pelican Bay Services Division and others who
have participated in the process of preparing this plan.
To the issue of sand placement, state law now allows that sand
dredged from inlets be used to restore adjacent shoreline wherever
erosion has occurred.
Brent Batten's statement in today's newspaper that Pelican Bay's
beach is fat with sand from the last dredging is a gross distortion of
what actually happened. Because the sand was dredged under a special
nationwide permit, it could not be placed below the mean high water
line and had to be piled high on nearby beaches. This has actually
caused escarpment on Pelican Bay's side of the beach that's hazardous
to beach goers.
There's an urgent need to restore a program of regularized inlet
maintenance that will allow sand to be spread along the beaches as in a
normal beach renourishment project. Addressing erosion wherever it
has occurred, even if it is on the north side of the inlet.
The number two, water quality. The ongoing monitoring of Clam
Bay water quality by the Pelican Bay Services Division shows that
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January 13, 2015
Clam Bay is meeting state water quality standards for key indicators,
with the exception of copper levels. Copper is primarily a problem in
the northern reaches of middle and upper Clam Bay, not Outer Clam
Bay.
The management plan provides for water quality monitoring and
remediation as needed to meet recently established site specific
alternative criteria.
Three: The extent of the dredging. The proposed management
plan explicitly provides for the dredging of Clam Bay's interior
channels as needed to maintain tidal flow. The urgent need is to dredge
the pass itself. The scientific monitoring shows that the tidal flow to
Outer Clam Bay is being maintained but there is nothing to prevent
future dredging of the channel to Outer Clam Bay when it becomes
necessary.
Clam Bay is such an important asset for the entire county it
should not be allowed to become a political football.
Commissioners, please approve this management plan to protect
Clam Bay for all of us. Thank you.
MR. MILLER: Your next speaker is Ted Raia. He'll be followed
by Marcia Craven.
MR. RAIA: Good morning. My name is Ted Raia. I'm one of the
6,700 residents in Pelican Bay.
And as had been just passed out to you, there is a document that
requires sand to be distributed on beaches from marker R-35 through
to marker R-50.
It served on the Pelican Bay Services Division from 2007 to
2011, so I'm very familiar with the history of their dredging problem
here.
The 1998 plan did not require dredging for navigation. And if
there's anybody who wants to question that, I have with me the
documents from the Army Corps of Engineers stating that. And they
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January 13, 2015
define navigability very simply, by saying all waters subject to the ebb
and flow of the tide. That's a very simple definition. So you can, you
know, do what you want with that. But that does not require lateral
navigation signs.
In fact, dredging is only authorized to protect Collier County's
first natural resource protection area. Delusion is not the solution to
pollution.
Pelican Bay built a multi-million dollar water retention system
which we pay $800,000 a year to maintain to prevent pollution from
entering Clam Bay. Dredging was never designed to flush the bays of
pollution, nor artificial channels over six feet in depth.
In Naples last year the Pelican Bay Services Division spent
$25,000 to prepare for an emergency dredging permit. It was never
used because the pass continued to function and improve on its own.
The Pelican Bay Services Division is now spending another
$30,000 to purchase the latest in tidal flow meters to further assist in
determining when the estuary is threatened and dredging will be
necessary. The operational budget will also be increased to
accommodate the use of the meters. The data does not exist that will
scientifically determine when to dredge. This will be a work in
progress.
Seagate development began in the 1950's with the anticipation
that the Collier Family would continue dredge and fill development as
it had been done in Moorings and Venetian Bays.
However, in 1972 the Clean Water Act was signed into law and
the mangroves in Clam Bay had to be protected. Most homes in
Seagate and the buildings of Naples Cay were built after that date.
Please approve this plan and let's not go the road we took in 2008.
We had a plan that was already 80 percent completed and paid for, and
because of navigation we threw that money away. Let's not go there
again.
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January 13, 2015
MR. MILLER: Your next speaker is Marcia Craven.
CHAIRMAN NANCE: Excuse me, sir, we're due -- how many
more public speakers do we have?
MR. MILLER: Four.
CHAIRMAN NANCE: I think we've had a very vigorous
morning and we're due for a break for the court reporter from quite
vigorous testimony here, so I'm going to declare a 10-minute break.
We're going to come back at 10:45.
(Recess.)
CHAIRMAN NANCE: Please be seated. We're going to convene
the meeting again.
MR. MILLER: Mr. Chairman, your next speaker is Marcia
Craven. She'll be followed by John Sorey.
CHAIRMAN NANCE: Thank you for your patience, ma'am. Go
ahead, please.
MS. CRAVENS: Yes, thank you, Commissioners.
I'm here as an individual who is strongly affected by whatever
happens with the Clam Pass and the Clam Bay NRPA, as well as a
Representative, a Chairperson of Sierra Club Calusa Group which has
over 1,400 members.
I submitted the Permit Number 79K0282 by email to all the
Commissioners today as one example of an important
misrepresentation in the Clam Bay Management Plan, which I hope
through working with Mr. Hall and Susan O'Brien that along with
some other important inaccuracies will be corrected.
The reason I selected that item from all the other problems is that
is the lynchpin of the 570-acre preserve originally required to be a
conservation preservation area by that Corps permit. Which was not a
modification to an earlier permit, it was a standalone permit that
authorized the destruction and fill of 76 plus acres of wetlands for the
Pelican Bay Development through jurisdictional wetlands.
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January 13, 2015
And the reason that's important is because within that permit it
has special conditions, one of which was, as I said, the requirement to
preserve and conserve the undeveloped segment of the Vanderbilt
Beach coastal barrier, which is known as the Clam Pass unit.
Some other things that are in the special conditions -- which, by
the way, never expire. The construction expires, but the special
conditions on a Corps permit never expire.
So another of the special conditions of that permit is that there
shall be no dredging, by permit or otherwise, of outer/inner/upper
Clam Bays, their connecting creeks, Clam Pass or the mangrove forest
surrounding it except to keep the waters open to the Gulf
That was part of the development order for Pelican Bay. And all
this talk about changing the dredging design and what sand goes where
ignores that fundamental aspect of what you are supposed to be doing,
what Pelican Bay is supposed to be doing, what everyone is supposed
to be doing for the greater good for all of the public. Because this area
is supposed to be preserved in perpetuity for the benefit of the public in
its most natural condition.
Now, I would love to work with the Clam Bay committee of the
PBSD, like I said, to correct some of the inaccuracies and to address
some of the omissions.
And I just want to say, the prior permit and management plan was
not just to restore mangroves. There was a restoration plan in 1996 that
evolved into the more comprehensive plan of 1998 which was
primarily hydrologic restoration for the entire system. That is not in
this management plan and it's not in the permit.
CHAIRMAN NANCE: Thank you, Marcia.
MS. CRAVENS: Okay. You need to address the north part of the
system.
MR. MILLER: Your next speaker on this item is Mayor John
Sorey. He'll be followed by Bob Naegele.
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January 13, 2015
MAYOR SOREY: Good morning, Commissioners, delighted to
be here. Happy New Year, for the record, John Sorey.
I'm not going to rehash. You have my letter, it's pretty
straightforward. But as I sit here and listen to this discussion, it's
basically around the same bush that we have been for 10 years. So if
there's anything that we need to do and whether I agree or disagree, I
hope that the County Commission will make some decisions and move
this forward.
All you have to do is look at Clam Pass today and pretty obvious,
if we don't do something quickly we're going to continue to have the
problem with multiple dredging. And part of it's economics. You
know, we've already had two dredging emergency-wise. We're going
to maybe have to have a third before we get the permit to do it
correctly.
And as you go back and look at the 10 years that I've been
involved, a lot of this could have been accomplished already, and it's
unfortunate that we have individuals that are as knowledgeable as they
are, as passionate as they are on both sides, and we can't get to an equal
ground.
We were very close to having an approved permit some time ago
to dredge that correctly all the way out to the Gulf. And as you've
heard today, when you do an emergency dredge there are certain
requirements that have to be followed as to putting the sand landward
of the high water line and that sort of thing.
So the only thing I would ask you to do, if you have any questions
about water quality, go today and look at the canals at Seagate and
look at the dead fish. Dead fish don't occur when you have good water
quality.
So we have some issues. You know the points. The city
representatives, residents have made the points today. It is about
politics. Most of the decisions that we make as elected officials is
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January 13, 2015
about politics. So the decision was made to -- initially Pelican Bay had
the responsibility, it was transferred to the Coastal Advisory
Committee, now it's been transferred back. And you can argue what's
the proper methodology, what's the proper format. But the most
important thing is we need to have a plan that addresses all the
stakeholders and that we get this moved forward.
And I hope you'll consider the request from the City of Naples, I
don't think those changes are drastic and have a major impact on the
plan, and we can have a plan that will be endorsed by all the
stakeholders and move this forward. Thank you for your time.
CHAIRMAN NANCE: Thank you.
MR. MILLER: Your final speaker on this --
COMMISSIONER HENNING: Commissioner, I have a question
for the Mayor.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: Thank you.
MAYOR SOREY: Yes, sir?
COMMISSIONER HENNING: Mayor, I see on Facebook you're
getting back from China.
MAYOR SOREY: That is correct.
COMMISSIONER HENNING: When did you get back?
MAYOR SOREY: About 11 :00 p.m. Sunday night into Fort
Myers after a 30-hour Sunday.
COMMISSIONER HENNING: You know, I read your letter --
MAYOR SOREY: Yes, sir.
COMMISSIONER HENNING: -- representing the City Council.
However, it's my understanding, correct me if I'm wrong, the City
Council did not take a position, did not take a vote on Clam Bay. Is
that true?
MAYOR SOREY: The City Council directed me to write a letter
addressing the concerns that we had heard from the residents. That's
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January 13, 2015
what the -- it was not a vote, it was a consensus and a direction.
COMMISSIONER HENNING: I see.
MAYOR SOREY: Yes, sir. Thank you, sir.
CHAIRMAN NANCE: Commissioner Hiller, do you have a
question for the Mayor? Or you just want to talk about the issue? If
you just let one or two more speakers --
COMMISSIONER HILLER: I actually was on for after that. I
was just being timely.
CHAIRMAN NANCE: Thank you.
COMMISSIONER HILLER: But I would like to --
CHAIRMAN NANCE: I understand you're anxious. Let's
conclude with the last couple of speakers.
COMMISSIONER HILLER: Can I just -- thank you for bringing
that up, Commissioner Henning.
So we do not have an official act of the City of Naples on this
matter, in effect.
MAYOR SOREY: I would disagree with that analogy. We have a
direction of City Council which authorized me as Mayor, when
Council is not in session, I have the authority as Mayor to take action.
And that is the action that was taken.
COMMISSIONER HILLER: I don't understand.
MAYOR SOREY: I don't know what else to explain. The city
charter, when the Council is not in session, the Mayor is authorized to
take action on behalf of the city. The City Council directed me to draft
and send a letter to the County Commission basically outlining the
concerns that we have had from our citizens. Therefore it is an official
document from the City of Naples.
COMMISSIONER HILLER: But just so I understand, this is not
-- the points in the letter were not approved by vote by the City
Council?
MAYOR SOREY: They don't have to be approved by vote.
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January 13, 2015
When the Council is not in session the Mayor has the authority to take
action on behalf of the city.
CHAIRMAN NANCE: Okay, yes, how many more speakers, sir?
MR. MILLER: One more, sir. Your final speaker is Bob Naegele.
CHAIRMAN NANCE: Mr. Naegele, please.
MR. NAEGELE: Commissioner, members of the Commission,
just want to thank you. My name is Bob Naegele, 7993 Via Vecchia,
and I'm President of the Pelican Bay Property Owners Association,
which is a voluntary homeowner association in Pelican Bay, about
2,000 families.
I've been a resident of Pelican Bay for 20 years, and I've watched
this process for the last 12 years. And in the last 18 months I've
watched it with great interest and attended some of the meetings. Not
as many as Linda Roth. But it seems to me that with the input from --
everybody was allowed to give their input, and some decided to do so,
some decided not to do so. And I'm satisfied that the plan, and we are
satisfied that the plan has been well designed and is ready to be
implemented. So I urge you to support it. Thank you very much.
CHAIRMAN NANCE: Thank you.
All right then. Commissioner Hiller?
COMMISSIONER HILLER: Yes, I'd like to make a motion to
approve the plan as presented. And I would like Tim Hall to step
forward and clarify for the record that it was and is the Army Corps
that is dictating the placement of the sand and that it's the intent of the
county to place any sand that comes from a dredging first to the south,
and where the south can't absorb it then to the north.
MR. HALL: Okay, that was two questions.
The Army Corps is the one that dictated the placement of the sand
for the last dredging event.
COMMISSIONER HILLER: And let me just interrupt you with
that.
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January 13, 2015
And the reason I want to bring that out is because Commissioner
Taylor said she called the State and the State said they were not
involved in that or didn't know about that, which is because the Army
Corps is the one who dictated it.
MR. HALL: Correct. The State has an existing permit that called
for replacement of sand going down below mean high water and tying
in the slopes. But because of the restrictions of the federal permit we
had to stay within that portion of the DEP permit that was above mean
high water line and that had been previously disturbed by prior events.
COMMISSIONER HILLER: And the second component?
MR. HALL: And the second component was --
COMMISSIONER HILLER: The placement of the sand, in what
order.
MR. HALL: The first one, when the dredging is done now, the
first placement of sand will be to create the proper side slopes for the
channel that's being constructed, and then to the south and then to the
north.
COMMISSIONER HILLER: Thank you. I appreciate you
clarifying that for the record.
That is not part of my motion, but I wanted it on the record.
The other thing I'd like to add, and this is again not part of my
motion but I think is very important, I really appreciate the gentleman
who spoke about Seagate. And I really feel it is very important that the
county be as transparent as possible with information regarding water
quality with respect to all the WBIDs in the county. And wherever we
have tested I think that should be posted.
So County Manager, I'd like to make the recommendation, if the
Board --
CHAIRMAN NANCE: Let's move on this motion.
COMMISSIONER HILLER: Can I just finish this?
CHAIRMAN NANCE: Okay.
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January 13, 2015
COMMISSIONER HILLER: That they just place all the
information about the testing on the website, you know, under
environment to the extent that you've got it to make it available easily
for the public to review. And that was done by PBSJ or whatever --
what is it called?
MR. HALL: PBSD.
COMMISSIONER HILLER: PBS&J-Atkins, I believe, they did it
like several years ago. Two years ago, I believe.
CHAIRMAN NANCE: Okay, there's a motion on the floor. Is
there a second?
(No response.)
CHAIRMAN NANCE: If not, I'll second it for discussion.
Commissioner Fiala, Commissioner Taylor, which one of you
was first?
COMMISSIONER FIALA: Commissioner Taylor.
CHAIRMAN NANCE: Commissioner Taylor, please.
COMMISSIONER TAYLOR: Yes. There's several aspects of this
I want to address, but the first one is that we are -- I am in receipt of a
letter that was just handed to me by the permit manager of the
Department State of Environmental Protection and DEP State FLUS is
copied with John Igelhart from the DEP.
And basically it says it is up to the permittee to decide where the
future material should be placed north and/or south. If the data
supports the placement of all the dredge material on one specific shore,
then that certainly would be consistent with the intent of the permit and
the project design.
Which means it's up to us where the sand is placed, based on the
data that is supplied. It is not mandated by any governmental agency
where the sand goes. And I wondered if we'd be so kind to put up the
photograph that I took this weekend.
This is Clam Pass, Clam Beach, the public beach I'm standing on
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it. I'm actually standing on the pier, I call it, looking north to Pelican
Bay's beach. If anybody thinks that this beach needs to be renourished,
they need to look at this photograph.
The issue is we have a beach that on the public side that has been
neglected by -- in the last dredging. I respect the fact that they were
about to lose their beach house. But if you will look where the tide
goes, and the tide will go to the white sand at high tide. If you look
where the beach chairs are in the Pelican Bay beach, a private beach,
not accessible by the public, I rest my case.
When I pulled the permit on Friday for the most recent dredging
that's being proposed and saw that there's an intent to put sand again in
Pelican Bay, I have to question why it is here, why this was not
reviewed by the BCC. Yes, there was a direction to file the permit, but
I have -- this was my second meeting. I was not aware that this permit
-- these permits are not being reviewed by the elected officials.
Would you please go to the next slide, which is the actual picture
of the proposed dredging. And I guess it's an aerial of the beach. The
graphic. Do you have that?
MR. DURHAM: We do have it. Commissioner, is this the one
you're talking about?
COMMISSIONER TAYLOR: Yes.
So photographs, everyone says that a photograph is worth 1,000
words and sometimes you can doctor them. But this isn't doctored. To
the right is the public beach, to the left is Pelican Bay.
And I think we have another one here.
Is that it?
MR. MILLER: That's the only.
COMMISSIONER TAYLOR: Okay. So it is false to say that a
government agency mandates the placement of the sand, and it is
extremely important going forward that this body reviews any permit
that is done for this dredging or any dredging of this estuary, and that
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January 13, 2015
the county is part of the process. Their name, the county is on this
permit, not the PBSD.
I am not belittling or negating the extraordinary work that you've
done. And I truly believe from talking to you of your seriousness and
your genuineness about preserving this entity. And you have managed
it. And in the past you have managed it and it's been bounced back and
forth.
My concern is with the emotion involved in this issue, with the "I
gotcha" attitude sometimes that comes out, and I'm not pointing
fingers, that we've lost sight of the fact that this estuary is the last
extraordinary estuary along the coastline. We've lost sight. Not that
you've lost sight but there's a big picture here. There are -- and I've
heard 70 and I've heard 90 homes, that were there started in the Fifties
before Pelican Bay was even thought of
I remember being on that water in the Seventies, in the late
Seventies, and being able to drag my hand along a Force Five little
sailboat as we were going out to do a little race. And I remember
seeing the fish swim. And I remember that park and the extraordinary
wealth of life there.
I agree with the speaker, Mr. Conley, we need to come together.
And we do it here. We need to come together and include all the
stakeholders in this.
Having meetings in Pelican Bay, in the Pelican Bay Community
Center and not being televised after what happened two years ago with
the drama at this Board and with all the negative attitude was probably
not the wisest decision. That's not -- I'm not blaming, okay. But going
forward, we have an opportunity. I have asked to see if we can televise
these meetings to bring it to the public. I haven't heard back yet. I
would love you to be here. I was told, well, most of the people are in
Pelican Bay, it's difficult. I can respect that. But darn it, I live in Lake
Park and I come here. And there are a lot of folks all over the county
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January 13, 2015
that come here to meet because it's a neutral territory.
But more importantly, as we go forward there needs to be a vote
of this Commission the next time that public money is used to place
sand on a private beach. That is something that flies in the face of good
reason.
I understand, I understand that the management plan and the
efforts and the way this has evolved has brought this issue where
there's a misunderstanding of roles, but I think it is up to us as a body
to define those roles and to make it very clear that the buck stops here.
You manage -- you're the manager of the estuary. That was a
vote. I respect that. But you're an advisory board. And the county
needs to be signed on those permits. And they need to be reviewed
before they're sent off and we see that once again sand is being put to
the north when you've got beach chairs from the hotels hugging the sea
oats to the south. Thank you.
CHAIRMAN NANCE: Okay, I'm going to go to Commissioner
Fiala in a moment. But before I do that, since we seem to have a very
serious discussion on a matter of fact, I would like to ask Mr. Hall a
question, see if you can -- Mr. Hall, can you shed some light on this
apparent discrepancy over which agency is the agency of record on
this, whether it's the State of Florida DEP or whether it's the U.S.
Army Corps on the permit that you are currently working on and the
permit that would occur in the future? Who is the agency of record, sir,
can you tell us?
MR. HALL: The application that is currently under review is with
the Corps of Engineers, the Army Corps of Engineers. That's the
federal permit. The Department of Environmental Protection, which is
the state permit, was already issued. And once the Corps has had a
chance to do their review and comment back, any modifications that
need to be made between either the application to the Corps or the
existing permit with DEP will have to be resolved through
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January 13, 2015
modification of the DEP permit or modification of the Corps
application.
CHAIRMAN NANCE: So those two agencies are going to agree
as to where the sand is to be placed, or no?
MR. HALL: They may or may not. I mean, they have different
requirements. The different Corps authorizations limit where you can
place fill. The application that we have in right now is essentially to
match the DEP permit. And --
CHAIRMAN NANCE: In the future, if this plan is passed as
proposed, where will the sand be deposited? Is there any requirement
for where -- or will it be determined through the process of evaluation?
MR. HALL: The State normally prefers that the sand stay in the
system, that it stays on the adjacent beaches. As part of the Corps
application, we actually extended the fill template to the south to the
extent of the park property. It didn't used to go down that far on the
previous authorizations. We actually extended the footprint to the
south so we could put more sand to the south, before we start putting it
to the north.
And the other thing I think that's important is that the sand
placement where the pictures that Mrs. Taylor had are of kind of the
ebb shoal and where the pass comes out. That's not where the sand
placement goes to the north. It actually goes further north than what
was depicted in her photos where the placement goes.
But back to Commissioner Nance's question, the current permit
application is to the Army Corps of Engineers. That's the one that has
-- that is still under review.
CHAIRMAN NANCE: And they say the plan is to -- the sand is
to go where?
MR. HALL: It is up to -- I mean, as Commissioner Taylor said,
the placement of the sand is up to the permittee. It's up to the applicant
to tell them where they want to put it, and then the different agencies
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January 13, 2015
review the potential impact that would have on public health and
safety, on the environment, on the water quality, on all of those aspects
that it's under their purview to review.
And so in all of the dredging operations that I've been involved in
there, back to, you know, to 2000, sand has gone in both directions,
both to the north and the south. But the first placement is to the south
until the area that we have permitted is full, and then the rest goes to
the north into the area that we have permitted there.
CHAIRMAN NANCE: Is that what's depicted on this slide?
MR. HALL: That's from the application. But you can see how
much further south the fill template was expanded there, down to the
county park boundary. And then the template area to the north.
And that includes both where the fill would go and some of the
grading. If you see going to the north where those areas are really
wide, a lot of that has to do with the sloping of the sand down to match
the channel configuration once it's dredged.
CHAIRMAN NANCE: Okay, thank you very much.
Commissioner Fiala, then Commissioner Henning.
COMMISSIONER FIALA: Thank you. I appreciated a few of the
people that came up to speak to us saying this plan is for all of the
county, not just favoring one community. I heard -- well, they just said
for all of the county. I'm just saying it should be for all of the county,
not just favoring one community.
I have a question that nobody's asked yet. Who's paying for this?
This comes out of TDC dollars?
MR. OCHS: Yes, ma'am.
COMMISSIONER FIALA: Okay, so TDC dollars, right?
MR. OCHS: Your inlet management program is typically funded
from Tourist Development taxes.
COMMISSIONER FIALA: Okay.
COMMISSIONER HILLER: PBSD pays for the dredge, the
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January 13, 2015
taxpayers of Pelican Bay.
MR. OCHS: No, ma'am.
COMMISSIONER FIALA: Pelican Bay you're saying is paying
for the dredging?
MR. OCHS: No, ma'am.
COMMISSIONER FIALA: I didn't think so.
MR. DORRILL: No, the dredging event was paid upon an
application that I submitted to the Tourist Development Council.
COMMISSIONER FIALA: I knew the answer before I asked the
question.
MR. DORRILL: My wife does the same thing.
COMMISSIONER FIALA: Then you don't get caught short, you
see.
Anyway, so if that's the case, then of course the TDC is very
interested in making sure the beaches for the visitors to the area, the
tourists for the area are renourished. But it seems to me if the sand is
going to the north end, the visitors can't visit and it's not going to the
south end where it's desperately needed, and then I think that the TDC
dollars are kind of being wasted because this is why they're dredging it.
They're dredging it to have a clear channel, they're dredging it for
people to be able to play in, boat in and so forth, they're dredging it
because they would like to use that dredged sand up on the beach
where the tourists can go. And I think that we're falling short on that.
And nobody has brought that up today, so I thought I would just throw
that in.
A couple other things. Judy Hushon had come up here and she
had just mentioned that being that the sand erodes very quickly from
the north end, maybe that they should line some rip-rap along that area
to then contain the sand once the sand is deposited there. That was just
a suggestion she made. I thought I would just reiterate it.
Another thing that I have a concern with is I think that in this -- as
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I read this, it seems that we as the county, the county -- the BCC, the
County Commissioners, are abdicating some of our responsibility to
this area and giving it all to the PBSD who then manage it the way
they feel they want to do that. But it is a county resource, it's for
everyone. This is something that all people should be involved in. And
all people should be happy.
And as you can see just from the audience, from the letters that
we're receiving, et cetera, you don't see much happiness about this
plan, because it seems to be weighted heavily on one side and very,
very light on the other.
So I'm thinking I have a real problem with this. I would also like
to hear from John Igelhart, or however you say his name, from FDEP.
Because of what he was saying before. And that is that, you know,
sand could be placed anyplace.
I have so many other notes, I'm trying to hit them lightly. Let's
see.
I really feel being that this whole pass is supposed to be serving
all of the county that the County Commissioners should be the
decision-makers on everything. And we should also be involved in
how the decisions are -- that the PBSD is presenting as an advisory
board, we should be involved in how they get to those decisions. And
I'm careful to listen to everything everybody has to say and I've read
everything everybody has to say.
Anyway, it's just I don't feel the plan is being fair. And you know
me, anybody who knows me knows I'm all about being fair. Just be
fair. You know, make sure that this is a plan that serves everyone and
not a particular community. Thank you.
MR. DORRILL: Commissioner, if I could offer just a couple of
responses.
I mean, I've known you for 35 years and I do know you to be fair.
And I hope that you would recognize in return my reputation for
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fairness. And to alleviate some of the I think misstatements earlier, the
permit is in the name of Collier County, Florida. And in particular, the
current application was signed by me. And organizationally I'm within
the executive office of the County Manager and I report to Leo Ochs,
who's the County Manager.
There should be no question at all as to the fairness of the review
of plans and contracts that are let. Because in the most recent incident,
the construction drawings were reviewed by the Board of County
Commissioners in advance of the bid that was awarded by the Board of
County Commissioners.
COMMISSIONER FIALA: Okay, so --
MR. DORRILL: The advisory board has no authority to approve
or to authorize anyone to execute contracts or to review and approve
the permit drawings or the construction drawings, and I want to
alleviate that.
COMMISSIONER FIALA: Okay. In that case, just as you've
said, you know, it's in our lap now. That means we can change the plan
that has been presented so that it becomes a little more fair to the entire
county; is that right?
MR. DORRILL: Yes, ma'am. Two other quick points --
COMMISSIONER FIALA: Okay. So right here at this meeting
then we can change it around or send it back after we make some
changes or suggest some changes and then send it back to rewrite it
and bring it back to us. I think that that would be fair. Because then
you're -- then we haven't given up our responsibility to be in charge of
this situation, we have had input. Right now we're just given
something and asking to approve it, right?
MR. DORRILL: As long as you take into account what I said to
Mr. Ochs when I arrived here this morning. I feel a little bit like Bill
Murray in Groundhog Day. This is the fourth time that I have stood
here and presented the Clam Bay Management Plan. On several prior
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occasions we have been sent back. A great deal of the misinformation
and just frankly the politics that play here, the sand first always goes to
the south. But when I reach the capacity of the south to receive sand,
the sand is either going to be hauled away and disposed of or it's going
to be placed on the north beach as it was most recently.
COMMISSIONER FIALA: Now, you said a very important
thing. You said when the sand isn't needed on the south end in the
park? But they're having real problems over there because there's so
little sand that people are sitting almost amongst the dunes now
because there's very little sand there.
Tell me who has decided that sand wasn't needed there?
MR. DORRILL: In part the Board of County Commissioners.
Because what happened the last time, and as evidenced by the one
picture that Ms. Taylor showed us, part of the reason that the beach to
the north is wider than the beach to the south is because we paid, we
the Foundation and the Pelican Bay Services Division, to renourish
that beach with the truck haul project that was the first truck haul
project.
Clam Pass Park did not receive approval by the Board of County
Commissioners for beach renourishment as part of the truck haul
project that was done a year ago. And so naturally it's going to be
wider by a function of whatever number of hundreds of thousands of
cubic yards of material that were hauled in.
COMMISSIONER FIALA: So then why would we have put the
last dredge sand over there?
MR. DORRILL: Because once I filled the south area to its
capacity, I have nowhere else to put the sand.
COMMISSIONER FIALA: You say the south end is already
filled to capacity?
MR. DORRILL: It was when we did the emergency reopening. It
was not last year when we renourished it. But we're not a party to the
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renourishment at Clam Pass Park.
COMMISSIONER FIALA: Okay. So see, you kind of gave a
different view once you said well, you know, last year it was different
and so forth. Because it was badly eroded last year. And I just wanted
to make sure that people understand that.
So -- and if this is for all people and all -- and making all the
county happy, that area which is adjacent to it has been forgotten.
MR. DORRILL: Well, in final response to that point, in the
current pending application, I instructed the consultants to push the fill
template all the way to the south property line that is owned by the
Board of County Commissioners. That's the extent to which I had the
authority to push that sand to the south.
The permit that we inherited only went about two-thirds of the
way down Clam Pass Park. The current petition pushes it all the way to
the south property line at the point to where the Board of County
Commissioners no longer own property further south of that.
COMMISSIONER FIALA: So you're telling me then that this last
dredge, sand went to south beach, or not -- or south --
MR. DORRILL: It went to south beach first until the point that it
was filled to capacity and we had nowhere else to put the sand, and
then we went to --
COMMISSIONER FIALA: When was that?
MR. DORRILL: That was the beginning -- the end of 2012 but in
the first month of 2013.
UNIDENTIFIED MEMBER OF THE AUDIENCE: No way.
COMMISSIONER FIALA: And -- I see. And then from what I
understand, that this latest -- this latest petition is to put -- place the
sand on the north side. I didn't see the south side on there.
MR. DORRILL: Both sides.
COMMISSIONER TAYLOR: Both sides.
MR. DORRILL: That's the picture that is -- that was here. That is
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the fill template for any material that is dredged from any area within
Clam Pass. The fill template as depicted is shown there accurately.
COMMISSIONER FIALA: I guess I would need to speak to
somebody about how that actually came out. Because from what I
understand, the south beach is badly eroded and needed the sand
desperately and it wasn't put on there. That's what I -- Leo?
MR. OCHS: Commissioner, just a little bit of background on that.
And this is going to sound ironic based on the discussion. But
traditionally your county-wide beach renourishment project has
renourished beaches that are designated by the State as critically
eroded. That designation's important to our Board because it makes
those beaches eligible for State cost share funding to share in the cost
of beach renourishment.
The State of Florida has not designated Clam Pass Park beach as
a State critically eroded beach. For that reason, it was not included in
the county-wide renourishment that occurred by truck haul a year or so
ago.
And secondly, historically, as you all discussed, when there was
regular maintenance dredging for tidal flushing of Clam Bay, it was
traditionally placed because of the State law in effect at the time on the
down drift beach, which is the south beach. And that sand would then
creep to the south and help renourish Clam Pass Park beach.
So those are the reasons why it was not included in your major
beach renourishment truck haul project about a year ago.
COMMISSIONER FIALA: Was it eroded at that time, Leo?
MR. OCHS: Well, again, the State designation was that it was not
considered a critically eroded beach by the State of Florida. It was not
then eligible, because it didn't have that designation for State cost share
and was not included in our recommendations for the county-wide
beach renourishment program at the time, ma'am.
That and the fact that traditionally that beach benefited from the
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placement of the sand that was dredged from the past during regular
maintenance intervals in the past. And as you know, we haven't had
one for a while because of all of this difficulty in getting the FDEP
permit renewed.
Does that make any sense to you? I mean, you see the beach
physically, you say to yourself, it needs sand. I'm telling you that the
State has not designated that section of the beach as critically eroded
and therefore not eligible for State money to help us in our beach
renourishment expenditures.
COMMISSIONER FIALA: But if we can see that it desperately
needs it, why is the State saying -- of course they're up in Tallahassee,
how are they telling us?
MR. OCHS: I'll have -- you know, I'll get the staff to respond to
that and we'll send you all a briefing on exactly how the State makes
those determinations. And, you know, if we can work to influence
them to include that as a critically eroded beach, that would help us in
future beach renourishments.
COMMISSIONER FIALA: Being that you can see it visually,
why do you have to influence the State? They should be able to see it
themselves. I don't mean to put you on the spot, Leo. I'm trying to
understand it.
MR. OCHS: I'm just trying to respond to the question about why
it wasn't included in the last renourishment.
COMMISSIONER FIALA: Even though it needed it.
Okay, I'm going to stop now, but I have some real concerns about
this, especially that it's being an asset to the entire community. I can't
see that yet. Thank you.
CHAIRMAN NANCE: Commissioner Henning, give us your
perspective, sir, please.
COMMISSIONER HENNING: Well, it's confusing, the issues.
The designation of a critical need is different than what took place
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during the dredge. Most of the sand went to the south on the public's
beach.
And Commissioner Fiala, the time to address the issue about
funding would be the time of the application to the TDC, then to the
Board of Commissioners. I'm looking for -- if we need to haul it off,
we need to haul it off on a public beach instead of the beach to the
north unless, unless the Pelican Bay community is willing to reimburse
or pay for that sand going on Pelican Bay's beaches. Okay. That's a
totally different issue, though, than what is before us.
However, you're correct in your assessment, Commissioner Fiala.
That's going to come forward in the future. This is an issue of the
maintenance of the estuarian system and the pass. Funding will be
coming later on. Needs to be addressed. PBS&D is the county, all
right.
Commissioner Taylor, I know this is all new to you, but Pelican
Bay Services District is the county. The management answers to the
County Manager who we have a contract with. Okay? They are a
voluntary citizens based group that is not compensated. So yeah, I can
understand why they choose to put their meetings in Pelican Bay. We
are compensated so I'm sure that if you wanted to view their meeting,
you're more than welcome to go to their meeting because it is publicly
advertised, it's open to the public. Not only you, Commissioner Taylor,
but other people are more than welcome to join that.
You know, if we need to widen Clam Pass Park, if it is narrower
than what we have done for the City of Naples, then we need to forego
any kind of designation and just get her done, Leo.
MR. OCHS: Yes, sir.
COMMISSIONER HENNING: Okay? If Commissioner Taylor
is concerned about the condition of Clam Pass Park and if it's different
than the City of Naples, then -- the width of it for the residents, then
we need to get her done. That is up to your staff to do so, not PBS&D.
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And the majority of the sand is -- so we can kick this down the road
over and over again. We've already addressed all these issues: The
width, the sand placement.
And I was more than willing to listen to what the City of Naples
have said. I read it. Your concerns are being addressed in the plan. And
other than what's happened in the past, all I see, this issue is being
politics, so I'm going to support the motion, if we vote on it in the next
minute.
COMMISSIONER TAYLOR: And if we don't?
COMMISSIONER HILLER: I call for the vote and I'll make my
comments after.
CHAIRMAN NANCE: Commissioner, do you have any
comment?
COMMISSIONER HILLER: I have a very quick comment and it
will take less than a minute. I swear, it will take less than a minute.
Commissioner Henning, I agree with everything you said. This
permit to dredge is not for renourishment. If there -- and it cannot be
for renourishment. If there is a need to renourish Clam Pass Park beach
to the south of the inlet, it would be done to the standards of our
template like Vande Beach. Whatever the determination was made for
Vande Beach, if we decide that's what we want to do, we can do that.
That would not qualify for State funding; we would have to apply for a
separate permit to get that done.
The placement of this sand that comes forward from this dredge
permit is not for renourishment.
What the State says is not what Commissioner Taylor stated on
the record. And I'm going to read an email that was sent by the State
that we just received a copy of. And this is what the State says: The
Department would like to clarify, while it is up to the permittee to
decide where the future material should be placed north and/or south,
that determination -- and this is where I want to emphasize -- that
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determination needs to be consistent with the requirements and
conditions of the permit, the project design and be based on the actual
need for the sand, which monitoring and survey data collected for the
project area will show.
This is -- I think they omitted a word. I believe they meant to say
this is to ensure that the adjacent eroding beaches will continue to be
properly maintained and also to avoid potential adverse impacts which
could result in a hydraulically unstable pass, et cetera. For example,
specific condition 4.B of the permit requires the submission of a
topographic survey of Clam Pass and adjacent beaches within the
project area within six months prior to a request for a notice to
proceed. If the data supports the placement of all the dredge material
on one specific shore, then that would certainly be consistent with the
intent of the permit and project design.
So it is not that the county has the right to arbitrarily without
supporting cause and evidence to show that cause ask that all the sand
be placed on one beach or the other. Our county consultant has made it
clear what we have requested in that application, and that is that it first
would be -- the sand would build up the banks, then would be shifted
to the south and any excess would be shifted to the north.
If the evidence, when the time comes six months prior, doesn't
support that, the State and the Federal regulators will not permit that.
Again, the placement of the sand is not for beach renourishment.
If the decision is made based on our template that more sand should be
placed in front of that park, we need to have a separate study done.
That study has to be accepted by the Board with direction that we
apply for a separate sand renourishment permit for that beach which is
absolutely independent of this dredging initiative right here.
So I think, Commissioner Henning, your points were all very well
made and I thank you for your support of the motion. I believe that was
under a minute.
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January 13, 2015
COMMISSIONER FIALA: Yeah, right.
COMMISSIONER HILLER: Just sitting here praying.
CHAIRMAN NANCE: That's not even close to a minute. I don't
think Commissioner Hiller's spoken for under a minute yet in her
tenure.
COMMISSIONER HILLER: I'm going to work on that, that's my
commitment.
CHAIRMAN NANCE: Thank you for your courtesy.
I'm going to make just a few comments and then I'm going to go
back to Commissioners Taylor and Fiala for a couple final comments.
I'm going to support passing the plan as it's written, and I'll tell
you why. I know that there are many, many stakeholders, and I have
recreated in Clam Pass ever since I was a little boy. I was there in the
Sixties.
Unfortunately because of the influence of man and changes over
time and different natural changes, the Clam Bay and Clam Pass
system are very, very anemic. It's just not a vigorous system. And it's
going to be going forward, as everybody knows, a completely
managed system, as are so many of our natural areas. And that's
disappointing to me and it's disappointing to many people. But these
things are going to need our help over an extended period of time.
And, you know, many of the people who speak passionately on
this topic, you know, they're looking for specificity on things. They
want to nail things down. They want to know that they can count on
something.
Well, I'll tell you, this estuary and this NRPA is a very dynamic
thing. And as soon as we think you've got something nailed down,
there's going to be a need to change.
So this plan is going to have to be flexible or it will be a failure.
And if the Board of County Commission and the Pelican Bay Services
Division and all the stakeholders aren't vigilant, it's not going to work
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and we're not going to be able to maintain this in good health.
So the challenge is before us, not behind us. The passage of this
plan is not going to finalize anything. I don't think there's been a single
day when all the stakeholders on Clam Bay, in my lifetime anyway,
have been in agreement. And I don't anticipate that they will anytime
soon. But thankfully they're all passionate, they're all vigilant, they're
all looking at things. And, you know, I think we're going to have to
make changes going forward and we're going to have to have proper
management on an ongoing basis. And this includes of course we'll
replace the sand and how we manage the money for our beach
renourishment, which is always going to be a factor.
So I think there's a big challenge ahead, I don't have any great
anxiety about it, and I'm going to support the motion. I did second it,
but I'm going to go to Commissioner Taylor and then Commissioner
Fiala for final comment.
COMMISSIONER TAYLOR: I heard that word final. Thank
you.
Commissioner Hiller, you made my point so thank you very
much for reading that entire email from Mr. Cheu Chang (phonetic).
Excuse me if I mispronounced your name.
Would you be so kind, Mr. Ochs, to put up the permit application,
the current permit application?
This was filled out by the permittee who Mr. Dorrill, he told me
his signature is on this. And if the public would notice, the sand is
being placed again on the private beach of the Pelican Bay. As far as I
know, there was not a discussion in front of this Board about this.
And forgive me, Mr. Dorrill, I don't mean to be rude or abrupt,
but I just need to be very, very clear about this. You are employed by
the Pelican Bay Services Division, which is an advisory board of the
county; is that correct?
MR. DORRILL: No, ma'am.
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January 13, 2015
COMMISSIONER TAYLOR: Okay.
MR. DORRILL: I have a contract with the Board of County
Commissioners and I work exclusively within the executive office of
the County Manager, as depicted on your organizational chart.
COMMISSIONER TAYLOR: Okay. So the hierarchy is did you
vet the placement of sand in this current permit, not the last one, that
was an emergency and I understand that. But this one, did you vet this
in front of this Board where it's going to be placed? And please don't
give me we gave you the material to read, you didn't read it.
MR. DORRILL: No, but it is part of the backup material for
today's agenda item.
COMMISSIONER TAYLOR: Okay.
MR. DORRILL: Today is that opportunity, as we have previously
shown on the exhibits that were all part of the executive summary.
COMMISSIONER FIALA: But the answer for the public?
MR. DORRILL: Aside from public meetings that we held with
the advisory board, there has not been any additional workshops or
public meetings other than the meeting today.
COMMISSIONER FIALA: He didn't answer.
COMMISSIONER TAYLOR: That's right, and I can't do this.
COMMISSIONER FIALA: I'll do it.
COMMISSIONER TAYLOR: So would you say that's a yes or a
no?
MR. DORRILL: I'd say it's a yes. It's part of the agenda materials
for today's meeting.
COMMISSIONER TAYLOR: Did you vet it verbally in front of
the public in this Board in a chambers?
MR. DORRILL: We didn't do it in this chambers, we have done it
on any number of occasions at the Pelican Bay Advisory Board.
COMMISSIONER TAYLOR: In your meetings in Pelican Bay?
MR. DORRILL: Yes.
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January 13, 2015
COMMISSIONER TAYLOR: Okay. I think that's an unfortunate
way of conducting business. Because it marginalizes the public.
Because this is where the buck stops.
How was the $6.66 per cubic yard price of that sand determined
in the dredging of 2012?
MR. DORRILL: Through a declaration of a State of Emergency
by the Board of County Commissioners to waive the extended formal
seal bid process and to -- through your purchasing department solicit
emergency quotes for the reopening that was approved here in these
chambers.
COMMISSIONER FIALA: The $6.60 was approved?
COMMISSIONER TAYLOR: So you actually in the minutes, if I
go back, I'm going to see that this Board approved the price of$6.66
per cubic yard for sand placed north of the pass?
MR. DORRILL: I think within the emergency declaration they
conveyed the authority to the County Manager through the process that
I just explained.
COMMISSIONER TAYLOR: To determine the price?
MR. DORRILL: The price was determined through a competitive
process and there were pre-bid meetings that were coordinated by the
purchasing department, and I don't remember how many vendors were
at the pre-bid meetings or the number of bids that were received. But
the award of the bid was part of the State of Emergency declaration.
And that was delegated to the County Manager and then subsequently
reported -- I don't believe that it was a consent agenda item, as it would
have otherwise been had it not been for the emergency declaration.
COMMISSIONER TAYLOR: $6.66 per cubic yard for sand
would be a consent item? No, sir. If we're paying 40 plus for truck
hauls and it's going through basically the City of Naples streets?
COMMISSIONER HENNING: Mr. Chair, this item is not on the
agenda for discussion. What is on the agenda is for the Board and the
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motion to approve the management plan. Can we stick to the topic at
hand?
CHAIRMAN NANCE: So noted.
Commissioner Taylor, do you have any further comments on the
item?
COMMISSIONER TAYLOR: Yes, I do. After we vote on this
item, I'm going to ask my colleagues to consider another motion
whereby any permit is reviewed publicly in this chambers going
forward of any kind of dredging permit of the Clam Bay Pass estuary,
and that a full vetting of how much money is going to be paid by an
entity receiving the sand that is not in the public, whether it's in Pelican
Bay or Hideaway or anywhere, it's brought to this chambers and it's --
there's a full vetting of how this cost has been determined.
UNIDENTIFIED MEMBER OF THE AUDIENCE: Park Shore.
COMMISSIONER TAYLOR: Park Shore is truck haul. They pay
for it. They pay what, 40, $49 a cubic yard, not $6.66.
Also, if you note, the permit, this -- Mr. Dorrill, you're going to
tell me you signed off on this. So this was determined, you're telling
me, with Mr. Ochs' consent that the sand would be placed north of the
pass, right?
COMMISSIONER HILLER: She doesn't understand.
COMMISSIONER TAYLOR: In this permit that's up here, this
current permit. You're telling me that you signed it. So you made that
decision or the Pelican Bay Services Advisory Board made this
decision and you got the consent of Mr. Ochs to this.
MR. DORRILL: Well, I think the decision was made. And
essentially with the exception of extending the fill template further
south to the end of the property that is owned by the County
Commissioners, this is essentially the same fill template that has been
part of the original design.
COMMISSIONER TAYLOR: I would take that as a no.
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January 13, 2015
MR. DORRILL: Well then, I would ask you to rephrase your
question, perhaps I can give you a better answer.
COMMISSIONER TAYLOR: Did you -- you signed this permit.
So you agreed to the placement of this as the -- as an employee of the
county and also the liaison to advisory board, you signed the permit,
which means you agreed that the sand and this dredging would be
placed on the private beach.
CHAIRMAN NANCE: Mr. Dorrill, would you be so kind as to
get with Commissioner Taylor and please answer her questions on this
item? I don't want to belabor the --
COMMISSIONER TAYLOR: Point of order. I think it's
extremely important --
COMMISSIONER HENNING: Mr. Chairman?
COMMISSIONER TAYLOR: -- to put this --
CHAIRMAN NANCE: We're going to -- Commissioner Taylor,
in all due respect, I think you need to get some background on this. If
you'd like to bring forward another item on beach renourishment, we
can consider all of your concerns as to how that's undertaken and the
cost involved. But right now I want to move to Commissioner Fiala for
some final comments on this motion.
COMMISSIONER FIALA: I would just like to say, first of all,
we were very, very close to getting that permit years back to get this
thing dredged and opened up, and it was stopped just toward the end of
it. And I just want to put that on the record in case our audience is not
aware of that.
And while we were -- up until recently we were pretty much in
control of that area. We kept it clear, we kept the mangroves alive and
healthy, rescued them, actually, kept them alive and healthy, we kept it
open to all people. It was really truly a place for all people. Kayakers
were in there a lot and they loved every bit of it. We kept the beaches
open. And I fear now that as we place -- we're kind of creating a huge
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January 13, 2015
bureaucracy, actually, and we're not going to have much of any say in
it here at the County Commission. And I fear what's going to happen
not only to that pass as it continues to close instead of functioning
properly, I worry about all of the people in the community as well who
cannot use that natural asset. Thank you.
CHAIRMAN NANCE: All right.
COMMISSIONER FIALA: I would like to -- oh, I meant to say, I
would love to -- because you said this is something that can be
adjusted at any time, I wanted to put on the record that the City of
Naples added just a couple requests, not many, and I think they should
be added to this document, this management document, rather than
shuffled under the rug.
CHAIRMAN NANCE: All right. Having gone numerous round
on this, I'm going to call the question. All those in favor, signify by
saying aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN NANCE: All those opposed?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: The motion passes with Commissioners
Taylor and Fiala in dissent.
COMMISSIONER HILLER: Commissioner Nance, I'd like to
make one comment, if I may, now that the vote is final.
Commissioner Taylor, you --
COMMISSIONER HENNING: This needs to be reconsidered.
COMMISSIONER HILLER: No, I just -- this is -- in defense of
staff, I feel bad for what you have gone through. You appropriately
submitted this permit in the manner presented here at the Board's
direction at the last meeting when this item was generally continued to
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allow the City to involve itself.
And Commissioner Taylor, you voted to allow staff to submit the
permit based on the plan to move it forward.
So in answer to your question, was this approved and did you
know about it? Yes, it was -- as I understand -- I'm sorry, as presented
by Mr. Dorrill in the backup, and we by vote of this board, and I
believe it was a unanimous vote, directed staff to submit what they
submitted. So he didn't do anything wrong.
CHAIRMAN NANCE: Mr. Dorrill, please address Commissioner
Taylor's comments -- questions, if you don't mind. Answer her
questions at a personal time of your choosing. And then we can bring
that forward as a future agenda item, if there's something else.
MR. DORRILL: I agree. And also in conclusion, we have already
had our first meeting with your television production staff to broadcast
our meetings live.
COMMISSIONER TAYLOR: Great.
MR. DORRILL: And we have just received the approval of the
advisory board to evaluate replacing the tidal gauge monitors so that
they report tide gauge information in real time that can be uploaded to
the County Commission's website so that people can begin to see
diminishing tidal prism and exchange in a real-time basis, and they just
authorized that at their last meeting.
CHAIRMAN NANCE: All right, thank you.
Mr. County Manager, do you have a short item before lunch
break that we can get into, sir?
COMMISSIONER TAYLOR: Excuse me, Chairman, what went
before -- this is just a question of procedure, and maybe we need to
bring it back as an agenda item, and I'm very comfortable with that, but
I would like to establish a process by which any and every permit that
is decided in this Clam Pass area or in any other area by any advisory
board in the same configuration as the Pelican Bay Services Division,
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be brought before, like this, in paper so that we can discuss what is
being requested.
CHAIRMAN NANCE: Okay. Bring it forward as an agenda item
or for consideration with staff and I'm sure we could discuss it in
detail.
COMMISSIONER TAYLOR: Thank you very much.
CHAIRMAN NANCE: Yes, ma'am, thank you.
Mr. Ochs?
Item #11B
THE OFFICE OF BUSINESS AND ECONOMIC
DEVELOPMENT'S PROPOSED REVISION TO COLLIER
COUNTY'S BASIC INDUSTRY GROWTH PROMOTION
INCENTIVE — APPROVED
MR. OCHS: Mr. Chairman, your next item is 11 .B, it's a
recommendation to adopt the minor revision to your Collier County
Basic Industry Economic Development Incentive Package.
Mr. Register will take you through that proposed change.
MR. REGISTER: Good morning. Bruce Register, your Director
of Business and Economic Development.
Commissioners, 11 .B is a request to approve a recommended
revision, minor revision, to the county's Basic Industry Growth
Promotion Incentive.
Fundamentally there's two changes that I'd like to introduce for
your consideration. That would be to increase the award from $1,500
per job for those qualified applicants and lower the job eligibility
threshold from 10 to five.
The question might occur to Commissioners, why would we want
to try this and why would we want to approach this and function --
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make this change? I would say that while this program will be
restricted to very worthwhile targeted industry jobs, we've observed
over the last year the prospects that could be a strong contributor to our
economy that have been investigating the possibility of expanding and
locating in Collier County have not been -- we've not been able to
induce them with the current incentive that we have for the base
incentive program. We believe that these kind of companies can make
a very positive contribution to the economic situation in our
community.
We also think that the profile of those industries have been
privately held small businesses, very entrepreneurial, they're fully
engaged with advanced manufacturing and they are entitled to using
business technologies, either through robotic or C&C Machining or
Microelectronic Communications Equipment, this requiring a mix of
semi-skilled and skilled labor that in some cases would render them
ineligible for the state's financial incentive program which is the
qualified targeted industry program.
We believe that making this change is consistent with our
priorities and our principles that we've established for using financial
incentives. The principles of equity, as a feasible business case, is
established for these programs, they're legally and officially sound.
They will build career opportunities for our citizens and they'll
advancing (sic) additional education and experience that will turn
semi-skilled employees into skilled employees.
So in conclusion I'd like to also point out that this will advance
our objectives for supporting targeted industries. It will also improve
our earnings capacity and our productivity from GDP -- excuse me,
gross domestic county product, as well as reducing unemployment,
and it will diversify our economic base.
With that, Commissioners, I'd request that you consider this
minor revision to our incentive programs, and I stand ready to answer
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any of your questions.
CHAIRMAN NANCE: Who's first? I know Commissioner Hiller
buzzed in last.
Are you first, Commissioner Henning? Would you like to start
off?
COMMISSIONER HENNING: Just one question. The program
as it exists today, how many jobs have we awarded?
MR. REGISTER: We have not had an applicant for this program.
COMMISSIONER HENNING: Okay. That's why the necessity to
change.
MR. REGISTER: That's why we're looking toward a revision.
COMMISSIONER HENNING: Motion to approve.
CHAIRMAN NANCE: Okay, there's a motion to approve. Is
there a second?
COMMISSIONER HILLER: I'll second it.
CHAIRMAN NANCE: Commissioner Hiller seconds it for
discussion.
Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you. I wanted to know, is
this -- first of all, is this tied to a wage level?
MR. REGISTER: Commissioner, this program was introduced
with a floating wage that follows the pegged three-digit NAICS code
for a specific industry within Collier County. For instance, if you had a
medical device company and we had the capacity through the Florida
Gulf Coast University to get quarterly census wage data that we'll be
able to identify what the current average wage in Collier County is for
that specific industry by three-digit NAICS code, and that would be the
requirement that this company would have to meet or exceed that
average wage of that typical industry in Collier County.
COMMISSIONER FIALA: So it's not really tied to any wage
level, it's depending on the company; is that what you're saying?
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January 13, 2015
MR. REGISTER: Dependent on the actual official classification
of the industry.
MR. OCHS: It's still the average.
COMMISSIONER FIALA: Is there an average wage --
MR. REGISTER: Yes, ma'am, for that industry.
COMMISSIONER FIALA: For that industry. So in other words,
when you're talking about beverage production or food production,
food production could be a cook or --
MR. REGISTER: Food production typically in Collier County
had an average of roughly $30,000.
COMMISSIONER FIALA: I see.
MR. REGISTER: I'd also like to add that that's going to be
essentially very important for our Immokalee Incubator for a
commercial kitchen. Because our whole objective for focusing on
culinary kitchen and commercial kitchen was to try to improve the
opportunities for folks in Immokalee and the rural areas to establish
their own businesses --
COMMISSIONER FIALA: They're not going to --
MR. DORRILL: -- and food and beverage production was one of
those industries that we anticipate.
COMMISSIONER FIALA: Right. But they're not going to get
that amount; the business is going to get that amount. And in most
cases, I think businesses are going to be eager to hire the people that
you train in that kitchen, because there is always a need for cooks and
preparation staff.
Also this could also be packing houses as well, right? I mean, it
doesn't differentiate. It says nicely, medical products, aviation, but it
also says food and beverage production. And I'm looking at that.
And I want to secondly mention, if we haven't been able to garner
any people as yet to take advantage of this incentive, I'm thinking if
you -- and now you want to reduce it to five employees rather than 10,
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maybe an incentive would be $1,500, which we have now, for five
employees, but if you get 10 employees then you get $3,000 an
employee. Now, I realize we're not talking about very high wage
people. And if they're low wage people and then they're not given any
benefits, we're going to have to pay for those benefits as well. So that's
another thing to consider.
I'm concerned about these things, because I think there's a -- I
would prefer to see us trying to get some high wage jobs into the area,
which is something we've been going after for many years, and this is
not it. Thank you.
MR. REGISTER: Commissioner, my only response to that is that
this is the lowest rung of a three-tiered ladder that we've established for
financial incentives. We have the QTI program, which I mentioned
earlier, is a targeted state program that focuses on 115 percent of the
average -- excuse me, state or county or MSA average wage.
We also have another layer of incentives that goes beyond that,
it's much higher wages.
COMMISSIONER FIALA: But this doesn't refer to that.
MR. REGISTER: Commissioner, this is an approach that
provides us a broad range of coverage for economic activity that goes
from low, medium and high. This is a strategy that's designed to make
us more competitive in this state and southeast as well as the nation.
COMMISSIONER FIALA: Well, Bruce, most of the places are
eager to hire anybody who will work there. I see signs for cooks and
service employees everyplace. It's not going to be difficult to get them,
period. I mean, you don't have to offer an incentive, they're looking for
the people. It's just that they're having difficulty finding them.
So, I mean, that to me is an incentive to bring new companies in.
These people can be hired here right now any time. So that's my take
on this.
CHAIRMAN NANCE: Commissioner Taylor?
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January 13, 2015
COMMISSIONER TAYLOR: I guess a question I have is, is
there any -- do you have any objection if we raise the bar to maybe
rather than -- and I'm just doing calculations, and our Chairman can
help me with this, because we talked about numbers. But it does
appear that the businesses you're trying to incentivize, number one, are
you trying to incentivize full-time employees? Because the way it's out
there now, what's happening is, is these low or modest wage
employees are not being hired full-time. They can work overtime.
They might get 46, they might get 50 hours a week in the season, but
basically they're being hired as part-time employees without the
benefits.
MR. REGISTER: Commissioner, we have a requirement in the
program, and it's part of the backup, it either needs to be a full-time
employee with an average of 36 hours a week, or business will be
allowed to have two employees working a minimum of 20 hours per
week as one full-time equivalent. As long as these employees are
eligible to receive full benefits.
COMMISSIONER FIALA: Eligible. Does that mean if they
provide them to them, right?
MR. REGISTER: There could be a cafeteria program that
provides some sort of level of participation from the employer that the
employee may have to match or some sort of arrangement so there's
eligibility for some participation from the employee so this employee
can achieve a level of a quality job where their life can be fulfilled in
having some decent benefits.
COMMISSIONER TAYLOR: Not at 20 hours a week. I know, I
have one in my house right now.
MR. REGISTER: That's our requirement. If you see to direct us
to do something different, I'll be happy to accommodate your request.
COMMISSIONER TAYLOR: I'd like to see this maybe raised to
42,000 a year to reward businesses, for 42 to 46,000 a year. Maybe that
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January 13, 2015
would be better.
Because I agree with Commissioner Fiala, and I'm very close to
this because of what I've done and what I'm still connected to, the
demand for low wage workers is great in this community. And if they
can, people are trying to fill these jobs and --
MR. REGISTER: Can I provide one distinction? The jobs that
I've heard discussed so far have been non-based jobs. They have not
been the targeted industries that we're limiting this program to.
COMMISSIONER TAYLOR: But food and beverage --
MR. REGISTER: Restaurant service industry, retail is not a
targeted industry. These are production facilities that are exporting
goods, commodities or service out of this community. It's not for
consumption inside of this community. That's the general idea for
having a basic industry growth promotion. This is not considered for
our service support types of industries. There's a big distinction here.
CHAIRMAN NANCE: This program is to attract businesses that
we are desiring in our community that we don't presently have. These
are supposed to provide incentives for people to come here and offer
positions. And the incentives are at multiple levels. This is the lowest
one. And then there's two higher ones for higher wage jobs.
So what we want to do in Collier County is we want to attract
new businesses to come here to offer these jobs to people, and we are
willing to give them an incentive if they offer certain sorts of jobs. And
this is a full spectrum program that Mr. Register is presenting today.
What he wants to do is since we haven't had any takers on the low end,
what he wants to do is he's proposing to modify that program to make
it a little more enticing to get some more businesses to come into
Collier County. But those businesses that we are incentivizing are
restricted to those particular ones that we've identified.
For the viewing public, Bruce, could you kind of remind
everybody what those sorts of businesses are that we're trying to attract
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January 13, 2015
to our county?
MR. REGISTER: Yes, sir. We specifically follow the State's
qualified targeted industries. There's broad categories. Let me try to
summarize this.
There are clean tech, life sciences, info tech, aviation and
aerospace, homeland security defense, financial and professional
services. It will also include manufacturing, corporate headquarters,
research and development, as well as, as we mentioned, food and
beverage, manufacturing, automotive marine, plastics and rubber.
I can make this available as a full list that could be made available
to anyone that would care to see this.
COMMISSIONER TAYLOR: And I can respect that. So
basically you put -- the food and beverage is what caught me, and
that's what I looked at, not the others. But you're specifically designing
that because of the Immokalee incubator.
MR. REGISTER: That is one of the purposes.
COMMISSIONER TAYLOR: I can respect that.
Does this -- when we adjust these numbers, does this make us
more competitive --
MR. REGISTER: Absolutely.
COMMISSIONER TAYLOR: -- with other counties?
MR. REGISTER: Absolutely.
COMMISSIONER TAYLOR: Okay, thank you.
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: Yes, just one final question. And I
only heard this from one person, so let me clarify that so that I'm not
saying everybody says.
Just one person said that this doesn't apply to him at all. He's
hiring 20 more employees right now. But his employees are on the low
end of the wage. He doesn't provide any benefits, by the way, and
people leave regularly. So they never stay more than a year, he said.
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January 13, 2015
He said what would help him to grow his business and expand his
business would be if you would be able to offer assistance, your
department, if you would be able to offer assistance in obtaining some
kind of impact fee incentives, whether it be to delay it or take it
year-by-year-by-year or something like that. He said also helping them
with -- if they're buying a used building, to help them to upgrade and
improve it, if there would be incentive dollars to do that. He said that
would help a business a lot more than something like this because he
doesn't qualify for any of that. And I thought that was interesting. It's
just something for you to think about in your office and come back and
talk about it. Not for this day, but I thought it's a good suggestion.
MR. OCHS: Thank you. Yes, ma'am.
CHAIRMAN NANCE: All right. Hearing no further comments,
we have a motion by Commissioner Henning and a second by
Commissioner Hiller for approval.
All those in favor, signify by saying aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Any opposed?
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Commissioner Fiala dissents.
Approved 4-1 with Commissioner Fiala in dissent.
All right, it is 12:06. I think it is time for lunch. We will return at
1 :06.
(Luncheon recess.)
CHAIRMAN NANCE: Welcome back.
MR. OCHS: Mr. Chairman, you have a live mic.
Item #7
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January 13, 2015
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
CHAIRMAN NANCE: Yes, sir, I believe that takes us to public
comments; is that correct, Mr. Ochs?
MR. OCHS: Yes, sir. Item 7 on your agenda, Public Comments
on General Topics Not on the Current or Future Agenda.
MR. MILLER: Mr. Chairman, I have 11 registered public
speakers.
CHAIRMAN NANCE: Eleven?
MR. MILLER: Eleven, sir. Some have ceded time to others, so it
will be fewer number than 11 actually speaking.
Your first speaker is Peter Richter, who's been ceded three
minutes from Karen Flaugh; I think I'm pronouncing that correctly.
And he will be followed by Keith Flaugh.
CHAIRMAN NANCE: Is Karen here?
MS. FLAUGH: Yes.
CHAIRMAN NANCE: Okay. Go ahead, sir.
MR. RICHTER: Hi. This resolution I'm about to read is carefully
drafted to ask the BCC to use your voice to protect the rights to a
quality education to your Collier families and voters. We ask you to
advocate --
CHAIRMAN NANCE: Would you state your name and address
for the record, please.
MR. RICHTER: Of course. Peter Richter, 4700 Lighthouse Lane,
Naples.
Again, excuse me for reading the resolution.
We ask you to advocate to the Southwestern Florida legislative
contingent and to our Southwest Florida U.S. Congressional
contingent. We are asking your sister Constitutional body, the Collier
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January 13, 2015
School Board, to do a similar resolution tonight.
Our request today is procedural. We ask you to vote to put it on
the next BCC meeting for a final vote.
This is a resolution of the School Board of Collier County to
petition the Florida legislature through our Southwest Florida
legislative contingent, the Governor and the Federal Department of
Education through our U.S. Congressional officials to reclaim the
educational sovereignty of the State of Florida, under the U.S.
Constitution for the citizens of Florida, and to restore local school
board control of standards, curriculum and student assessments.
WHEREAS, the U.S. Constitution does not grant the Federal
government with the specific authority to impose acts, laws, orders,
rules or regulations relating to education; and
WHEREAS, the Ninth Amendment to the U.S. Constitution
reads: The enumeration in the Constitution of certain rights shall not be
construed to deny or disparage others retained by the people; and
WHEREAS, the Tenth Amendment to the Constitution of the
United States reads as follows: All powers not delegated to the United
States by the Constitution nor prohibited by it to the States are reserved
to the States respectively or to the people; and
WHEREAS, per the absence of specific delegated authority
relating to education in Article 1, Section 8 of the U.S. Constitution
and the clear language of the Ninth and Tenth Amendments, all
education powers reside within the States and the people; and
WHEREAS, the Fourth Amendment to the Constitution
guaranties the rights of the people to be secure in the persons houses,
papers and effects against unreasonable searches and seizures; and
WHEREAS, the Constitution of the State of Florida, Article
9(4)(B) provides the School Board shall operate, control and supervise
all free public education within the school district; and
WHEREAS, the Common Core State Standards are a set of
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January 13, 2015
academic standards owned and copyrighted by two private
membership organizations, the National Governor's Association, NGA,
and the Council of Chief State School Officers, CCSSO, that the
government -- the Federal government is imposing on the states
through incentives and punitive measures to force a one-size-fits-all
education on American students; and
WHEREAS, the Federal Department of Education has played a
significant role in propelling the use of Common Core throughout the
nation via the Race to the Top Program and No Child Left Behind
waivers; and
WHEREAS, the Florida Next Generation Sunshine State
Standards result in a one-size-fits-all curriculum that reconstructs U.S.
history, minimizes the reading of classical literature and destroys many
students' desire for learning and creative thinking; and
WHEREAS, excessive high-stakes tests are derived from the
Common Core Standards that impose life-changing punishment on
students based on a single test for third grade and graduation,
significantly influencing teacher pay, incentivizing them to teach to the
Common Core Standards an related tests; and
WHEREAS, the State of Florida requires the high-stakes testing
that results in district and school grades, teacher pay and student
retention, which forces local schools and Collier School District to
adopt Common Core Curriculum and teach to high-stakes tests; and
WHEREAS, Common Core requires that the collection and
sharing to the federal agencies and large international corporations of
over 400 individual and personal data points to feed a longitudinal
database of massive amounts of personal, student and teacher data
without propel- controls and violate individual rights to privacy.
NOW THEREFORE, be it resolved by the School Board -- sorry,
the wrong one, the Broward County Commission sitting and duly
called session on this day that the BCC calls upon the Governor and
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January 13, 2015
Florida Legislature through the Southwest Florida legislative
contingent to pass legislation that restores the control of standard,
curriculum and assessments to the local county school districts. Under
State of Florida Article 9, section (4)(B).
BE IT FURTHER RESOLVED that the Broward County
Commission calls upon the Governor and the Florida legislature
through the Southwest Florida legislative contingent of the Florida
House of Representatives and the Florida Senate to immediately pass
an act repealing the Common Core Standards content of the Next
Generation Sunshine State Standards, curriculum and high-stakes
testing that are being imposed through incentives and punitive actions
by the Federal Department of Education and state government
agencies in violation of the Constitution of the United States, the U.S.
Bill of Rights and the Constitution of the State of Florida, violating its
true meaning and intent as given by the founders and ratifiers and are
hereby declared to be invalid in the State of Florida.
BE IT FURTHER RESOLVED that the Broward County
Commission calls upon the U.S. Congressman Curt Clawson and
Mario Diaz-Balart and U.S. Senators Bill Nelson and Marco Rubio to
use all actions necessary throughout the utilization of their respective
powers to halt the implementation of Common Core Standards in
Florida, including Next Generation Sunshine State Standards that drive
Common Core Curriculum, high-stakes testing and violate individual
rights to privacy and to protect the State of Florida from retribution by
the Federal Department of Education.
CHAIRMAN NANCE: Mr. Richter, isn't this what you've already
sent to the Board of County Commissioners?
MR. RICHTER: Yes.
CHAIRMAN NANCE: Thank you.
COMMISSIONER HENNING: Mr. Chairman?
CHAIRMAN NANCE: Commissioner Henning.
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January 13, 2015
COMMISSIONER HENNING: We might be able to speed this
up along. I just -- I mean, I'm in favor, Peter, if you stay up there, I'm
in favor of bringing this onto a further agenda. However, that last
paragraph, be further resolved, is asking our federal representation to
take further action. However, because of state rights it's really up to the
Governor and the legislators to take action on how the students are
educated in the State of Florida; is that correct? Does anybody have
any concerns about my statement?
MR. RICHTER: No, I think that's accurate.
COMMISSIONER HENNING: Okay. So that last paragraph can
be removed.
MR. FLAUGH: Can I speak? I'm the next on the agenda.
COMMISSIONER HENNING: Okay. I mean, it's up to the
Chairman, but --
MR. MILLER: Your next speaker --
CHAIRMAN NANCE: Have you got your question answered?
COMMISSIONER HENNING: No.
CHAIRMAN NANCE: Well, then, continue. Let Commissioner
Henning continue, please.
COMMISSIONER HENNING: Go ahead, answer the question.
MR. FLAUGH: We think it's the responsibility --
CHAIRMAN NANCE: Who are you, sir, for the record?
MR. FLAUGH: Keith Flaugh. I live on Marco Island, 1390
Quintara Court, Marco Island, Florida.
We think it's the responsibility of the sitting Congressional
Representatives to further advocate on behalf of this issue. They
certainly have a role to declare that the Federal Government does not
have a role under the Tenth Amendment. I know Curt Clawson
supports that. Jessie's here and can speak for himself or for Curt.
But we thought that was a relevant request of you to ask our
sitting legislator -- Congressman in both the House and the Senate to
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advocate for the Governor to do this.
COMMISSIONER HENNING: Okay. Well, then with that said, I
think it's most appropriate to remove that, strike that, and I'm going to
make a motion to put this on a future agenda.
CHAIRMAN NANCE: Is there a second?
COMMISSIONER HILLER: I'll second it.
CHAIRMAN NANCE: There's a motion and a second. Now, do
we want to continue to --
COMMISSIONER HENNING: Now let me just add, if the
motion carries on this issue, can we do other business? In other words,
would everybody succeed (sic) their time, you know, based upon a
positive vote?
UNIDENTIFIED MEMBER OF THE AUDIENCE: Yes.
MR. FLAUGH: I think so, yeah.
COMMISSIONER HENNING: Okay.
CHAIRMAN NANCE: Okay, you want to have comments.
Commissioner Taylor?
COMMISSIONER TAYLOR: Having struggled with this in the
City Council, the attorney at that time convinced me that this is not the
place for a commission board to opine on. Individually, absolutely we
have the right. But as a Board, it's not our purview. We have no --
there's a word and I'm struggling With it. But we have no power. It
would be like asking the school board to the opine where the pipes are
going to be laid underneath the street or having them come in as a
school board and saying, you know, you've got to stop this growth.
Individually they can. But as a board it's muddying the waters and I
just don't think it's our place to do it, as a board. Not as individuals.
Absolutely as individuals, but not as a board.
CHAIRMAN NANCE: I'll just make a comment before I go back
to Commissioner Henning.
I also have a little bit of concern because we have an
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January 13, 2015
independently elected school board whose responsibility is to make
decisions and recommendations on curriculum and its administration,
as well as to determine what the fiscal impact of such an action would
be to the school board itself. So I'm very interested in it, I'm very
interested to see what the school board does, and I would personally
like to reserve action on my part until I see what the reaction is of our
local school board who are tasked with that responsibility.
Commissioner Hiller?
COMMISSIONER HILLER: Commissioner Henning was first.
CHAIRMAN NANCE: Commissioner Henning. Then
Commissioner Hiller.
COMMISSIONER HENNING: Well, I understand that there's
limitations by Municipalities; however, County Government's duties
and actions is very broad, spelled out by Florida Statutes 125 and the
Florida Constitution.
And Commissioner Nance, I agree, we're not taking -- the only
action we're taking on this is to put it on a future agenda.
CHAIRMAN NANCE: By which time we'll theoretically know
what action if any the School Board is going to engage in?
COMMISSIONER HENNING: Absolutely. Absolutely.
Now, having a child within the school system and knowing how
burdensome this new way of teaching is and hearing from the teachers
within the system, it wasn't the local school board that really made a
choice to go to this new standards. It was the people in Tallahassee.
And so that's why I'm eager to put this on a future agenda: A, to
address it in this legislative session; B, to hear what the school board
has to say; and C, let's try to get a better way of educating our children.
Because it is -- I mean, my son carries a book bag that weighs 50
pounds. It's terrible what they're doing to these kids, you know. And
I'm sure most of you remember the things that you learned in school
really don't apply today. So anyways, that's why I made the motion.
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January 13, 2015
CHAIRMAN NANCE: So does your motion include taking
action following the action of the school board?
COMMISSIONER HENNING: It is. Because that's how it's
going to take place. They're going to be hearing this tonight and we're
not going to be hearing this until the future agenda.
CHAIRMAN NANCE: Okay, so we're going to wait on their
action then, is that what --
COMMISSIONER HENNING: Yes.
CHAIRMAN NANCE: As soon as they take action, we're going
to put it on the agenda; is that what you're proposing?
COMMISSIONER HENNING: Sure.
CHAIRMAN NANCE: Okay. I can support that.
Any other comments?
Commissioner Hiller?
COMMISSIONER HILLER: Yes, and I'll clarify my second to
support what Commissioner Henning said.
Our goal is not to direct the school board. The school board is an
independent entity and that is not what we're doing by way of this
proclamation. What we are doing is we are directing our state
representatives and our federal representatives to do what is in the best
interest of the educational system in this community and in the state.
And I think it is absolutely appropriate to wait to hear what the school
board's position is and then to modify this resolution when it comes
back to the Board to show support if the school board's position is
something that we feel we can support, and in addition, direct the state
and federal representatives to advocate for what is best for the
community.
And I think we're going to need the County Attorney's input on
that to draft this document to make sure all those points are
encompassed. So if I could ask that we call the vote.
MR. OCHS: Mr. Chairman? Excuse me, sir.
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January 13, 2015
CHAIRMAN NANCE: Yes.
MR. OCHS: Just as a matter of record or protocol, many times
when you have several speakers registered all in support of one item,
just to make sure everybody was represented, you usually have Troy or
most times you have Troy call on them, they simply say I waive and
then we have a record.
CHAIRMAN NANCE: What we'll do is we'll take a vote here,
Mr. Ochs, and then if everybody is happy with the outcome, we'll call
the roll of the speakers. Is that appropriate, Mr. Flaugh?
MR. FLAUGH: That's fine, thank you.
CHAIRMAN NANCE: Hearing no other comments, all those in
favor of bringing it back, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN NANCE: Any opposed?
COMMISSIONER TAYLOR: Opposed.
CHAIRMAN NANCE: Okay, it passes unanimously.
COMMISSIONER TAYLOR: Opposed.
CHAIRMAN NANCE: Oh, I'm sorry, Commissioner Taylor in
dissent.
COMMISSIONER HILLER: And can I say one thing before you
continue to the public speakers? I want -- since Mr. Flaugh is up there,
we as a board cannot actually take action to adopt the resolution today
because it was not on the agenda. So you understand that the deferral is
procedurally and legally necessary so that the community has the
opportunity of notice and the ability to speak.
MR. FLAUGH: We clearly understand that.
COMMISSIONER HILLER: Okay. I just wanted to make --
CHAIRMAN NANCE: And with communication from the
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School Board to the County Manager, I guess we'll direct the County
Manager to gather information on that action and then we'll put
together an agenda item.
Do you have any comment, Mr. Klatzkow, on how we should
proceed on this?
MR. KLATZKOW: No, I understand.
MR. FLAUGH: Can I make one comment, please?
CHAIRMAN NANCE: Yes.
MR. FLAUGH: This legislative cycle is very compressed. Bills
have to be filed in one of the houses by the 23rd of January and it has
to be in bill writing in the other house by the 23rd or bills don't get
heard.
So the reason we're here today, and it would have been better for
us to be at the school board first, but we don't control your calendars,
and so when you both came up on the same day we said it is what it is.
But the schedule is very tight. So the sooner that you guys can -- you
Commissioners can weigh in on your support of this at the state level,
the more impact you're going to have as a voice for us, your citizens.
CHAIRMAN NANCE: We will act as promptly as we can, sir,
pending communique from the school board on their determinations.
Thank you very much.
Now, can we go ahead and call the public speakers and so note
their testimony before us today.
MR. MILLER: Yes, please indicate in the affirmative your
willingness to waive your time today.
Keith Flaugh?
MR. FLAUGH: Yes.
MR. MILLER: Yvonne Isecke?
MS. ISECKE: Yes.
MR. MILLER: Deirdre Clemons?
MS. CLEMONS: Yes.
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January 13, 2015
MR. MILLER: Joann Grey?
MS. GREY: Yes.
MR. MILLER: David Boldue?
MR. BOLDUE: Yes.
MR. MILLER: Joe Doyle?
MR. DOYLE: Yes.
MR. MILLER: Sandy Doyle?
MS. DOYLE: Yes.
MR. MILLER: Jared Grifoni?
MR. GRIFONI: Yes.
MR. MILLER: Elsa Martinez?
MS. MARTINEZ: Yes.
MR. MILLER: And Jesse Purdon from Representative Clawson's
office.
MR. PURDON: I would like to speak.
MR. MILLER: He would like to speak.
CHAIRMAN NANCE: Mr. Purdon, please, sir.
COMMISSIONER HENNING: Good job, Peter. You did a great
job convincing everybody.
MR. PURDON: I won't touch on the contentious need for the
jurisdictional portion that you were just discussing. I just -- we have a
small statement and I'd like to say Commissioners, citizens and
parents, for the record, I'm here representing Congressman Curt
Clawson's Office. We thought it was an important statement to come
and voice our continued opposition to Common Core and the ideals of
high-stakes testing and top-down federal approach to education. Thank
you.
CHAIRMAN NANCE: Would you please repeat your name, sir,
for the court reporter, just so she knows.
MR. PURDON: Jesse Purdon. P-U-R-D-O-N.
CHAIRMAN NANCE: Ladies and gentlemen, thank you.
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Any further comments?
MR. MILLER: That was all the public comment for today, sir.
CHAIRMAN NANCE: Thank you very much.
Mr. County Manager, we're back on the regular agenda.
Item #11C
USE OF THE PREVIOUS AWARDED INVITATION TO BID NO.
14-6278RR, "AQUATIC MAINTENANCE SUPPORT SERVICES"
WITH TRI-CITY POOLS, INC. FOR BUDGET-APPROVED
CAPITAL AND OPERATING EXPENSES - MOTION TO
CONTINUE ITEM TO THE NEXT BOARD MEETING —
APPROVED
MR. OCHS: That takes us, Mr. Chairman, to Item 11 .C, which
was previously Item 16.D.17. It's a recommendation to approve the use
of the previously awarded Invitation to Bid Number 14-6278RR
Aquatic Maintenance Support Services with Tri-City Pools,
Incorporated for a budget approved capital and operating expenses.
And this item was brought forward by Commissioner Henning.
COMMISSIONER HENNING: I don't remember signing a
contract for this bid. Did you send a contract over?
MS. MARKIEWICZ: Joanne Markiewicz, Procurement Director.
No, sir, we did not. This is a purchase order based solicitation. So
for each scope of work, we would issue a separate purchase order.
COMMISSIONER HENNING: Okay. The original bid estimate
for performance, maintenance support and repair to the pools within
Collier County and the future pool of Eagle Lake was estimated --
annual estimate, anticipated spending of$80,000. The prices of the bid
was much lower than that on both of them. That's a correct statement?
Now we're far exceeding -- asking to far exceed what the
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estimated was and what the actual bid was of I think it was 27,000
from the person, the company that got the bid and 37,000 from the
company who did not get the bid.
MR. WILLIAMS: Commissioner, let me give it a shot. Barry
Williams, Parks and Recreation Director.
When this solicitation went out, we looked at our historical spend,
what we've been spending the last couple of years. And this is for three
pools. We're looking at Sun 'N Fun Lagoon, Golden Gate Community
Park and Immokalee Sports Complex, those three pools.
We have had some backlog maintenance issues that we've been
dealing with at all three of those locations. But historically we've spent
about $60,000. So when we sent this solicitation out we thought that
we would be in the $80,000 range.
What I requested in terms of budgeting for this year was a
contingency for pools. And all I can tell you is that when pools break,
they break quick and we've got to fix them quick. Because when pools
break and they're out of service, it's a disservice to the public.
Especially Sun 'N Fun Lagoon. That pool has a lot of complicated
items that -- you know, again, the pool is nine years old and we're
starting to see some wear.
So with that said, we're looking to increase this from this $80,000
spin. We actually had a repair that we were looking at that we've been
able to fix and not spend the additional money, but we're wanting to
expand so that if something does happen in the next -- before our next
budget cycle that we'll have the funds to do it.
COMMISSIONER HENNING: Did the vendors have an
opportunity to visit the sites and look at the facilities and find out what
is in anticipated repairs and maintenance?
MS. MARKIEWICZ: They could have, sir. We did not have a
pre-bid meeting for this particular solicitation.
COMMISSIONER HENNING: They could have.
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January 13, 2015
MS. MARKIEWICZ: They could have.
COMMISSIONER HENNING: Leo, would you blow that up a
little bit? I think maybe -- maybe you could explain -- sorry, I've got it
on my tablet -- the bit tabulation to me. Because going from -- I'm
sorry, going from 27,000 to what is it you're asking over 180, 150,000?
MR. WILLIAMS: Yes, sir. 180,000.
COMMISSIONER HENNING: 180,000 from 27,000, or 24,000.
I mean, that's a large sum of money.
Looking -- look at the -- what I have highlighted here on the
viewer. It appears to me that Vista Pool is going to charge $75 an hour
and Tri-City Pool, who was awarded the bid $109 per hour; is that
correct?
MS. MARKIEWICZ: That's correct.
COMMISSIONER HENNING: Okay. And then the
manufactured suggested parts, the markup, is that correct on the next
one, is seven percent from Vista Pool, and Tri-City Pool, who was
awarded the bid, 20 percent.
MS. MARKIEWICZ: No, sir, that's a discount off of the
manufacturer's suggested retail price. It's a discount.
COMMISSIONER HENNING: Okay, so that's a discount.
MS. MARKIEWICZ: Yes.
COMMISSIONER HENNING: And do you feel that the bid
tabulation was correct now considering spending $180,000 versus
$27,000?
MS. MARKIEWICZ: Sir, this was a solicitation that was bid with
three parts, three components in mind. One component was section A,
was the inspections and any maintenance associated with those
inspections, and that was for the 27,900. And then section B was for
the inspections and the preventive maintenance for the aquatic
facilities.
We indicated in the instructions that that became the basis of the
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bid, and then we left room -- if there were any additional repairs that
needed to be made; we didn't know at that time if that would occur --
we allowed for an hourly rate and also the discount off of MSRP. That
doesn't preclude us from competitively soliciting any large item that
we may incur, assuming we have the time to do that. Assuming it's not
an emergency. So we wanted to make sure we had hourly rates as a
part of this contract as well.
COMMISSIONER HENNING: Okay, the hourly rate of $109, is
that going to be spent on the now $160,000 more?
MS. MARKIEWICZ: We could take a look at that. What we've
asked in all of our documents is if there was a large repair -- if there
was any repair that was needed beyond the normal inspection and
maintenance program, we would ask the vendor for in essence a quote
so that we could do our own analysis at that time.
COMMISSIONER HENNING: You know, I'm not feeling warm
and fuzzy about this one. I mean, you know, if there -- if we're
awarding $180,000, $160,000 above, above, we should have a quote
on that. We should know how much it is -- obviously we're going to
spend more. Is the taxpayers getting their bang for the buck?
MS. MARKIEWICZ: We would do that with every repair that we
would have. Correct?
COMMISSIONER HENNING: Unless it's an emergency.
MS. MARKIEWICZ: Right, right. We would still get a quote
with an emergency, Commissioner. We would want to do our own
analysis.
COMMISSIONER HENNING: We're giving this to Tri-City
Pools, this bid. We're giving Tri-City Pools this bid.
MS. MARKIEWICZ: This was already approved by the Board.
COMMISSIONER HENNING: I know it was. I know it was. But
things have changed totally. Like 2,000 percent it has changed, okay?
And I need more information. I need to know what this vendor is going
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to charge us. You need to compare it with the original bid tabulation
and find out if we're getting our bang for the buck.
MR. WILLIAMS: Commissioner, I don't know if this helps, but I
did want to put something on the visualizer for your consideration.
And it's an eye chart so my apologies, but when we look at our projects
for the pools, what we do is, you know, we plan in the summer, in the
fall. And part of what we've done is we've created these projects. These
are the types of projects that we're working towards with this current
contracts.
When we add these prices up, we're a little over the 80 grand. It's
about $93,000. And you can see the type of projects they are. We have
a thruster repair at Sun 'N Fun; cleaning the slides, Golden Gate; deck
lining at Sun 'N Fun; new diving boards in Immokalee; Vineyards
motor replacement. These are the types of pool repairs that are
common in the industry where -- you know, and so what we're asking
to do is just expand our abilities. We're already at this 90 grand. We
anticipated we've historically spent 80 or 90, so we're just looking to
expand it a bit.
Your comment's well taken in terms of our bidding it out. It's like
where we started and where we are now, it's a large difference. But I
think part of that, again, is us catching up, you know, just trying to
catch up with maintenance and repairs in our pools.
MS. MARKIEWICZ: One other point I'd like to make for the
Commissioners, we bid this particular service three separate times. We
bid it in April of 2014; we received no bids at all. We bid it again in
June, 2014, and we received one company who no bidded, offered us
no bid at all, and two other companies that were nonresponsive. It
happens to be both of these two companies.
The third time we got what we would consider a good bid and we
asked you for the award to this company. So our pool of bidders is
very limited, very small.
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January 13, 2015
COMMISSIONER HENNING: How many bids do you think you
would get if you put it out at $180,000 instead of an estimated 80,000?
Would you get less?
MS. MARKIEWICZ: Commissioner, the first time we put this
out we put it out for 35,000. The second and third time we put it out for
80,000 and we received two bids.
COMMISSIONER HENNING: On the third bid.
MS. MARKIEWICZ: Yes, sir.
COMMISSIONER HENNING: Okay. You know, again, I need
to know whether we're getting our bang for the buck. Because you're
talking about a percentage discount. You're talking about a difference
of 25 percent on labor rate. Why not award it to both of them and get
the best bang for the buck per work order? Can we do that?
CHAIRMAN NANCE: Commissioner Henning, would you like
to continue this item? I would support that if you want to do that and
let --
COMMISSIONER HENNING: No, I'm not sure.
CHAIRMAN NANCE: -- the people go back and work on it. I
agree with you.
COMMISSIONER HENNING: Well, maybe we can answer that
if we can get potentially both of them.
MR. WILLIAMS: One thing I'll add, and this -- I appreciate your
point of view. The one thing I'll add is that we are in the time that we
need to do the pool repairs. It's like the dead of winter is the best time
for us to do it to try to get them done for summer. I just mention that. I
know -- but not at the expense of the taxpayer, I understand your point.
COMMISSIONER HENNING: Joanne, can we do that? Can we
award it to both?
MS. MARKIEWICZ: Well, what I would do is re-compete or do
a supplemental solicitation for the additional 80,000 or the additional
100,000 that we're bringing in.
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COMMISSIONER HENNING: Why don't we do that.
COMMISSIONER TAYLOR: What's your time frame to do that?
MS. MARKIEWICZ: A bid like this typically would take us six
to eight weeks before we got it back in front of the Board for an award.
COMMISSIONER FIALA: Is there a way that we could just
write it into it today, wanting to take both?
COMMISSIONER HILLER: Why would it --
COMMISSIONER HENNING: Well, that's -- Joanne just
answered the question.
COMMISSIONER FIALA: I know that, but I'm asking it again.
COMMISSIONER HENNING: Joanne, she's asking the question
again.
MS. MARKIEWICZ: The Board can waive their purchasing
ordinance and raise the limit.
MR. WILLIAMS: Commissioners, if that would help. I mean, if
we could get the limit raised to 100,000, let us get these repairs
underway and then re-compete the remainder, that would be helpful for
us to get the job done.
COMMISSIONER HENNING: Well, the bid is up to $27,000; is
that correct?
MS. MARKIEWICZ: We actually asked the Board to approve
$80,000, because we expected some maintenance to occur as a result.
So the 27,000 was for the two scopes of work for the inspection and
general maintenance of the systems.
COMMISSIONER HENNING: Okay. You mean last September?
Because I want to --
MS. MARKIEWICZ: Yes.
COMMISSIONER HENNING: -- take a look at what the actual
recommendations were.
COMMISSIONER TAYLOR: I don't think staff is being --
exaggerating. This is the time to repair. And if something goes,
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sometimes because it's water and it's pool, and Commissioner
Henning, you probably know this better than anyone, mechanical
things start to fail in water.
COMMISSIONER HENNING: Yeah, I don't do pools.
The recommendation is --
COMMISSIONER TAYLOR: You don't do pools, we understand
it.
COMMISSIONER HENNING: -- the Board of Commissioners
award invitation to bid, the number aquatic maintenance services to
Vista Pools for their prevention as well as on-call maintenance and
repair of the county-owned public facilities. It doesn't have an amount.
It has the amount -- okay, in the executive summary recommendation
award the invitation to bid number. Support services, Tri-City Pool for
providing preventive maintenance, on-call estimates and repair for
county-owned and operated aquatic facilities. Estimated annual impact
is approximately 80 -- well, approximately 80 is not -- is that 90? Is
that 70?
MR. OCHS: Let me take a stab at this.
Commissioners, the way this bid went out, it's for inspection
services, repair services and if needed replacement of parts that fail
before we know if they're going to fail.
So this is a larger policy question where we get into you have
through your budget process authorized a budget for expenditures in
this category of repairs and replacement. And then we're asked every
time we come forward with an award to give you an estimate of what
we believe, based on history or some other analyses, our expected
annual expenditure. If you -- again, it's just an estimate, because we
don't know going forward through the balance of the year what may or
may not break, okay. We know how many inspections are going to be
done and we know the routine maintenance that we've specified, but
this is not a contract that says we want to bid to replace three pumps at
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the Golden Gate Pool. So it's a unit price contract for services and
repair and capital replacement when it breaks.
So we tried to give you our best guess based on history, but as
Barry said we have a budget authorization through your budget process
that allows us to spend more than that in that category. So this doesn't
require additional budget approval or movement of reserve funds into
the operating or capital appropriation.
This is something we struggle with all the time, sir. If our
estimate is too high when we go on the street and then we come in
spending quite a bit less you get the other argument from the vendors,
they say well, we price these things expecting a certain volume of
work and it didn't materialize. So there's pros and cons of this idea of
trying to estimate an annual amount. We've tried to do that in the best
manner that we can to give the Board a realistic idea of what we might
spend under a given contract. But it doesn't match dollar-for-dollar
what you have authorized in the budget. And we're not asking you to
exceed that.
CHAIRMAN NANCE: Commissioner Henning, please continue.
COMMISSIONER HENNING: Yeah, to answer your question is
yeah, I want to know the value. And I don't know how you can -- how
you can pay on the upper limits when you don't have a dollar value.
MR. OCHS: We have pricing for the inspections, we have unit
pricing for the labor, and we have discounts off of manufactured
suggested retail pricing for the equipment. So we do have pricing, sir.
COMMISSIONER HENNING: No, the value of the contract -- or
value of the bid. That's what I was saying.
And again, I don't know if the taxpayers are getting their bang for
their buck when it goes from approximately $80,000 to $180,000.
And that's true, Steve. I don't know, you don't know.
MR. CARNELL: Yes, sir.
Steve Carnell, Public Services Administrator.
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What I was responding to, sir, was -- and this is very important.
COMMISSIONER HENNING: No, you wasn't responding, you
were in the background making --
MR. CARNELL: What I was reacting to was we are not
committing to spend $180,000. That's his budget, worst case scenario,
for the three pools. The known work is less than half of that at the
moment. And that's the problem.
What Leo's trying to explain to you is we have $27,000 in fixed
planned maintenance. That's the known portion of the work. We know
we need that. The rest of it is procured based, as Leo described, on the
hourly rate for jobs when things break down and we need to bring
contractors in. And we have competed that. We've competed the
hourly rates, we've competed the discount off against the parks. We've
done it all.
And what we're saying is if we put this back out, we're not going
to promise people $100,000 worth of work, we're not going to promise
them $180,000 of work. Half of it's already done. There's only 100 left
that we're talking about here to spend. It's actually -- we're right now at
79 in expenditures. We were attempting to go to 90 when we hit the
$80,000 limit. That's why we brought the item, we have an $11,000
project pending. That's on Barry's list.
COMMISSIONER HENNING: Has anybody done an analysis on
what was spent, on what was saved against the other bidder or what
was extra spent?
MR. CARNELL: Do we have, Joanne, an award formula on how
we evaluate the hourly rates?
MS. MARKIEWICZ: Not the hourly rates.
MR. CARNELL: So we selected based strictly on the
maintenance?
MS. MARKIEWICZ: We selected based on the maintenance,
because that's the kind of work we knew we were going to have.
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COMMISSIONER HENNING: We spent $79,000 already on this
bid; is that correct?
MS. MARKIEWICZ: No, sir. We've encumbered $79,000. To
date we've received $23,500 worth of work.
COMMISSIONER HENNING: Crystal, do you have any
outstanding invoices to be paid on this above the $27,000?
MS. KINZEL: Commissioner, I think we do at this point. The
total I think was 35. But Joanne probably -- did you update it more
recently from this morning? I mean, that was the number that staff had
this morning was about 35. And that may have included some paid and
some pending total today.
CHAIRMAN NANCE: So for clarification, Mr. Williams, what
you're telling me is, is you have program maintenance, which is
known, and the rest of it basically is a time and materials pending what
fails during the course of the year to which you have tried to make an
estimate but for which there are no certainties.
MR. WILLIAMS: You never know, you know. And as the pools
age, you know, things break. This 90 grand that we've got spent, this is
what we planned and used our planning period in the fall to do the
work now.
CHAIRMAN NANCE: So what we did was we selected between
the two bidders based on the time and materials quotes that they gave
us and we used a selection criteria to select between those two, is that
what we did?
MR. WILLIAMS: Let me ask Joanne to answer that question.
MS. MARKIEWICZ: The selection was based on the preventive
maintenance work we knew we had to do.
CHAIRMAN NANCE: The 27,000.
MS. MARKIEWICZ: The 27,000, the inspection, the testing and
the general maintenance for each of the pools.
CHAIRMAN NANCE: And they quote you time and materials
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over and above that?
MS. MARKIEWICZ: Yes, sir.
CHAIRMAN NANCE: And you made the selection based on
those quotes of time and materials rates?
MS. MARKIEWICZ: We made the selection based on the cost of
the preventive maintenance and inspection, the $27,000, sir.
COMMISSIONER HENNING: You see, Commissioner, my
issue is, and I think that it's a very simple fix, is evaluate what was
already done as of today, what was billed, you know. In other words, if
you have a bill for labor for $150, you know that that's two hours
worth of work. However, if you have $50 in parts under that same
invoice, are you really saving? You know what I mean? And that
analysis needs to be done. So I would feel comfortable if we had --
MR. OCHS: I understand what you're asking for now, sir.
COMMISSIONER HENNING: Yeah, if we had some kind of a --
MR. OCHS: We're happy to do that and bring it back.
COMMISSIONER HENNING: Okay, great. Motion to continue.
CHAIRMAN NANCE: Second.
Any comment on the motion?
(No response.)
CHAIRMAN NANCE: All those in favor, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: All right, we're going to continue that
item.
Mr. Ochs, you're going to bring that back?
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MR. OCHS: Next meeting, sir.
CHAIRMAN NANCE: Thank you.
Item #11D
AWARD CONTRACT NUMBER 14-6338 EAGLE LAKES
COMMUNITY PARK POOL DESIGN SERVICES TO VICTOR J.
LATAVISH ARCHITECT, P.A., FOR PROFESSIONAL
ARCHITECTURAL SERVICES, AND AUTHORIZE THE
CHAIRMAN TO EXECUTE THE ATTACHED CONTRACT -
APPROVED; COUNTY MANAGER TO UPDATE THE 2012
IMPACT FEE ANALYSIS AND BRING IT BACK TO THE APRIL
2015 WORKSHOP; MOTION TO MOVE THE TIME FRAME
ALONG ACCELERATE THE DESIGN PHASE OF THIS
PROJECT AS MUCH AS POSSIBLE — APPROVED
MR. OCHS: That takes us to Item 11 .D.
CHAIRMAN NANCE: Okay, that was pulled at my request. This
item is the design and engineering for the pool at Eagle Lakes.
I will start the discussion by saying that I am in full support of
constructing the pool at the Eagle Lakes Community Center, which is
the Donna Fiala Community Center I guess at this point.
I do have a couple concerns about it, and one further request for
information and that is I note the ambitious nature of this project. And
I just -- I wanted to bring it forward because of its ambitious nature.
And that is that we have design, engineering and supervisory costs
here of approaching $600,000. And that is in seven phases over a
period of time that's not fully known but expected to be over 1,200
days, which is over three years.
And what I want to know is I want some certainty that the
concept and design parameters and the cost estimates are going to be
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done in a way that allows fundraising to occur for this in a timely
manner so that we can determine how it is we're going to raise the
funds and, you know, try to figure out how much the pool is actually
going to cost us. And because the pool -- I don't have one idea in the
world what the pool is going to cost to construct. I suppose it's five, six
or $7 million. And also the commitment that goes along with that,
which is in excess of$700,000 annually for operation and maintenance
of that pool.
So what I would like to do is I would like to make a motion to
approve but to make sure that, you know, as this is going forward that
this comes back to the Board so that the Board knows at what phase
we are and when it is we're expected to make a commitment.
So like I say, I'd like to move approval and then after that I'd like
to also make some comments. Who's first, Commissioner Hiller?
COMMISSIONER FIALA: Yes.
COMMISSIONER HILLER: Commissioner Henning.
CHAIRMAN NANCE: Commissioner Henning.
COMMISSIONER HENNING: Yeah, I'll second your original
motion that you stated about coming back to the Board.
You know, when I looked at this I thought a design person to -- or
an architectural person to design a pool?
CHAIRMAN NANCE: That's a tremendous amount of work
actually that's embedded in this agenda item, which is why I wanted to
bring it out.
COMMISSIONER HENNING: Yeah, yeah. So when I first saw
that. But I didn't want to offend Commissioner Fiala pulling it. But
that's the most prudent and fiscally responsible thing to do is to support
your motion.
CHAIRMAN NANCE: And Barry, is that phasing going to be
acceptable to this -- you know, to this contract that we phase through
it? I mean, people are aware that this is going to be an extended
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venture to get this accomplished?
MR. WILLIAMS: Commissioner, do you want to speak to that?
COMMISSIONER FIALA: I don't want to see it extended at all. I
wanted to see it moving along. If you give it a tighter time frame --
COMMISSIONER TAYLOR: They can't hear you.
COMMISSIONER FIALA: Oh, I'm sorry. I moved that. Excuse
me.
I don't want to see it extended. I want to get that pool moving
along. And the longer you put off making any decisions, the more
reason they don't have to do any fundraising, because why bother to do
it.
Let me tell you about the fundraising. Most of our pools -- all of
our pools have been built out of impact fee dollars. Well, apparently
this one cannot be. And I won't say any more than that. But -- so if I
want a pool for these kids, I've got to try and find the money for it. So
-- but then I guess you'll have to for your pool too. So I mean, what's
good for the goose is good for the gander.
Anyway, so what we're doing is we've got somebody who will --
a developer who will get contractors who will actually help us with
this doing some of the work, and then we've got community foundation
who will try and get funds from local people to donate to it and we
hope to get that all done. If they feel that they need 1,200 days, they're
going to do it in the last couple hundred. If you tighten that -- just like
the community center right now. We gave them a long time to build it
and they've taken every minute of that time. They started it last year
January, and it's still not finished. But that would be -- and they're still
within their time frame.
CHAIRMAN NANCE: Commissioner --
COMMISSIONER FIALA: Shorten that a little bit. So that's
exactly what you're asking.
CHAIRMAN NANCE: Absolutely acknowledged. But, you
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know, if you look at these phased descriptions, you'll see that when
you get down to number four it's building and permit services. Well,
certainly you're not going to ask for permits before you know that
you've got the money to go ahead and construct it. So that's what I'm
concerned about. I'm concerned that we phase it through their properly
and that this contract for almost $600,000, everybody is aware that
we're going to move through this as fast as we can but it's not going to
cause some glitch in, you know, paying $600,000 for services that we
haven't received.
MR. WILLIAMS: Absolutely.
Commissioner, if I could answer your question. Let me just say I
think your question is can we phase it. And we'd have to do this in
lockstep with the fundraising that Commissioner Fiala suggested. And
we are very positive about that and the potential of that.
You know, the construction of this or the design of this, if you'd
like us to bring back reports to you where we are with both this and our
ability to fund, you know, certainly that's something that we can offer.
There are some operating costs that we'll be bringing back to you
as part of the budget cycling as well. So, you know, how we pay for
the operation and the construction are those questions that we still need
to answer.
CHAIRMAN NANCE: I'm sure Commissioner Fiala will be
absolutely on top of it.
Commissioner Hiller?
COMMISSIONER HILLER: Thank you very much.
To your point of identifying carrying costs whenever we have a
capital project, we directed staff, going several years back, that any
time a capital project was brought forward that the full cost of the
project, including the carrying component of that capital investment,
would be disclosed to the Board and really should be made a part of
the backup material in every instance.
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And I think that it's extremely important that whenever we
embark on projects like this, not just this one but all capital projects,
that we understand what that annual burden will be.
Secondly, with respect to -- oh, you've got it there?
MR. OCHS: It's in the executive summary, I believe, ma'am.
COMMISSIONER HILLER: Yeah, thank you. I didn't look at it.
COMMISSIONER FIALA: First page.
COMMISSIONER HILLER: Yeah, thank you. I didn't look at it
in that context. Okay, yeah, very good.
So my second question is -- thank you for pointing that out, my
oversight, I apologize.
And so to your point, Commissioner Nance, you're absolutely
right, we do have to look at that. My concern is why can't we pay this
out of impact fees? What is the reason for that? I don't understand why
this pool is being singled out.
MR. OCHS: Ma'am, you absolutely can pay for it from impact
fees.
COMMISSIONER HILLER: Okay.
MR. OCHS: This is simply a matter of available impact fee
dollars and how you want to allocate --
COMMISSIONER HILLER: And do we have the impact fee
dollars available to do this pool?
COMMISSIONER FIALA: Yes.
MR. WILLIAMS: You have impact fees that are paying for this
design, actually.
COMMISSIONER HILLER: So the impact fees are actually
paying for the 600,000?
MR. WILLIAMS: Yes, ma'am.
COMMISSIONER HILLER: And do we have the funding? Well,
how much is the -- can we go back to that schedule? That's what's the
total capital cost for this project?
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CHAIRMAN NANCE: We don't know.
MR. OCHS: These are operating expense --
CHAIRMAN NANCE: This is operating.
MR. WILLIAMS: We've got couple of things. We've got the
operating expenses, we have the design contract, the breakdown of
that. The Board approved a million dollars for us to -- for this project
in this current fiscal year, so we're taking a portion of that money to
actually start the process with the design.
COMMISSIONER HILLER: Well, but a 600,000 architectural
fee would mean a pool -- assuming let's say these architectural and
construction review and permitting fees is approximately 15 percent of
the total cost. Is that a fair estimate? Would that be reasonable?
MR. WILLIAMS: We don't have a firm estimate on the pool
expense. I think --
COMMISSIONER HILLER: No, but, I mean, if you're going to
spend 600,000 on architectural fees, what percentage of that total --
CHAIRMAN NANCE: It's not just architectural.
COMMISSIONER HILLER: I know, but of these type of
professional fees, what do you project that as a percentage of? I mean,
it has to be a reasonable -- I mean, you have to have some general idea.
MR. CARNELL: If I could, Commissioner Hiller -- Steve
Carvell, Public Services Administrator.
In talking to our facilities staff, Ms. Bishop can explain a little
more detail, if you want to go further on this. The simple answer is
we've had numbers anywhere from four to $8 million in our very pre,
pre, pre preliminary look.
COMMISSIONER HILLER: And that was -- my preliminary
first estimate based on 600,000, I came up with four million.
MR. CARNELL: Yeah. And so if you -- following your logic
then, 600,000 would be about 15 percent of a $4 million design.
COMMISSIONER HILLER: Correct.
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So -- and if you've already got preliminary estimates in that four
to $8 million range, and that's like a very wide range, what could be
funded by impact fees? What available funding do you have to put
towards this project so that when Commissioner Fiala goes out to
fundraise, I mean, if we have impact fee availability, if not in full, if to
at least some degree, what can we put towards that pool so that they
have a realistic goal? I mean, it's very different -- for her to go out and
say I need to raise four million verses if we can get a million or two
million out of impact fees and she goes out and raises two million, then
we could conceivably get this project done very quickly.
MR. CARNELL: Yeah.
COMMISSIONER HILLER: So where are we on that?
MR. CARNELL: That's a great question.
At the moment you have a million dollars budgeted for this
project in the current year budget. And we're going to -- obviously
600,000 of that would go to design.
In our conversations with Commissioner Fiala and the
Community Foundation, we've contemplated the idea of the county
paying for the design and then the Community Foundation attempting
to raise funds for the construction cost in full.
Now, part of the product of the design is that we're going to get a
better handle on our estimated construction costs by actually coming
up with a 30 and 60 percent design product. And our agreement right
now with the Community Foundation is if we can get the designer
started now, we believe that by March we'll have a better number in
terms of what the construction may look like, a number that the
Community Foundation can take and run with in terms of their
approach to the community.
And the second piece of this is that we have the Big Corkscrew
Island Regional Park which we also have in our sights for construction
and development.
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And probably the question you're asking is how much of impact
fees money is being allocated, and I'm going to say it's in that two to
$3 million range right now, in Fund 346, which is the fund we're
talking about.
COMMISSIONER HILLER: That's the total amount we have in
that fund right now?
MR. CARNELL: No, that's the annual amount coming in. I'm
doing this from memory, and I probably need to give you a more
precise answer in terms of what the projection is.
CHAIRMAN NANCE: I've got a follow-up motion that will
bring that forward. Let's see if we have any further comments --
COMMISSIONER HILLER: I haven't gotten an answer yet to
my question.
MR. CARNELL: What I was going to say to you was our plan
was when we discussed Big Corkscrew in February we were going to
take the Board through a little broader picture of Fund 346 and where
we were with these two projects in terms of their future funding. And
we're kind of on parallel track right now. We're trying to get the
Community Foundation to the point where they can start the private
fundraising with some type of worst case high-end number that if they
had to fund the entire construction amount, and then we'll work with
the Board through now and the budget cycle to determine whether the
Board would be able to use impact fees for the construction. It's really
a matter of do you have enough impact fee money.
COMMISSIONER HILLER: Well, I think we need to look at
what we have as impact fees, what we're looking at as projected impact
fees, because impact fees are going up again in light of development
that's increasing. And in light of priority and how long it's going to
take to develop the Regional Park, matching the flow of funds to that,
versus the need for the East Naples community to have a facility which
it's been deprived of forever because of the downturn in the economy.
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And I'm just not sure it's going to adversely -- so adversely affect the
advancement of the Regional Park to fund this pool with impact fee
dollars in light of the new economic environment and the new
projections.
COMMISSIONER FIALA: You know, you don't know how
much I appreciate you saying that. And you're absolutely right, you're
so on target. I was told at the time that they didn't have any funds to
help with the pool, and that, you know, if I wanted a pool I'd have to
find the money for it, in essence. And so then I was searching around
to see who could do this for us and so forth, and finally Community
Foundation said: We can't find any donors if the county isn't throwing
in any money.
And I said, don't we have impact fees or something?
Well, yes, but they're dedicated to the Big Corkscrew Park.
And I said, but wouldn't you want to finish this one first? I said,
how much do you have? And at that time, that was last year, they had
$7 million in the fund.
And I said, so we have to go and find the money for the pool
because you have promised it to another park. Couldn't you start out
with the beginning of that park, whether -- you know, get your ball
fields going, get the land in place, get your design done and build this
pool.
Well, apparently they felt that they couldn't do that, they didn't
want to upset anybody by that. But I was upset. But there's the
difference.
COMMISSIONER HILLER: You know, the economic climate
has changed and I think we have to look at prioritization and matching
in a different light today than we did a year ago or even three years
ago. Because I remember when we had this discussion when
Commissioner Coletta was on the Board and this was an open issue
back then and we were in the middle of-- or at the start of the
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downturn.
So I do think that we need to bring the funding back, and I don't
think we can rule out the impact fee allocation to this pool, and with a
more realistic assessment of what the cost is make a determination of
what would be fair to accelerate this from, you know, zero to hopefully
60.
COMMISSIONER TAYLOR: Is that a motion?
CHAIRMAN NANCE: I want to act on this motion and then we
can continue this discussion on impact fees, because I do have some
things to say.
So right now we've got a motion to approve the $588,640 as is in
Item 16.D.5 which became Item 11 .D. There's a motion and a second.
Is there any further discussion?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: Okay, that passes 5-0.
COMMISSIONER FIALA: Let me add one thing on this, though
CHAIRMAN NANCE: Yes.
COMMISSIONER FIALA: -- on this particular motion. I'm
hoping that you've given Victor Latavish twice the amount of time he
needs in order to do that, and yet it's going to copy the Golden Gate
pool exactly, so it isn't going to be very much. You know, you could
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January 13, 2015
just draw it out from the other pool.
CHAIRMAN NANCE: Well, if we're doing that, why are we
paying him $109,000 to do it?
COMMISSIONER FIALA: Good question.
So I'm wondering why -- well, they have to design it in a different
location and everything.
CHAIRMAN NANCE: All right.
COMMISSIONER HILLER: But 60,000?
COMMISSIONER FIALA: I'm wondering, as long as that's the
case, couldn't we shorten it to half the time, being that --
CHAIRMAN NANCE: Well, remember, ma'am, the phasing is
on Page 1285, okay. And the phasing is for all these different elements.
You've got -- I'm sorry, it's on Page 1332. 1332 shows everything --
COMMISSIONER FIALA: No, I'm just talking about quickening
it up a little bit.
CHAIRMAN NANCE: Well, it shows what the time frame is,
ma'am, pretty --
COMMISSIONER FIALA: But they're giving it a very lenient
time.
CHAIRMAN NANCE: You have to look at it. It includes
inspection, engineering, permitting. It's all of those. And that's where
you get that number that I think you're disappointed in.
COMMISSIONER FIALA: Well, yes, because then if we give
him double the time -- and I had somebody else look at this to confirm
that -- if we have double the time, yeah, it will take all that time.
Because I don't blame them for doing that. And then the thing is then if
we want somebody to dig the pool for us, we're going to be in the
height of season and we're not going to be able to get anything
anyway. And they've given him three years to build this pool, and I
want to see it move along a little bit --
COMMISSIONER HILLER: And I'm going to make a second
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motion that --
CHAIRMAN NANCE: Excuse me, ma'am, excuse me, ma'am.
We're going to move on to my follow-up request for information.
Mr. Ochs, this is the information I would like. Parks and
Recreation at some time in 2012 did an analysis of impact fees that
were collected by district. Also included were the costs that were spent
by district from 1997 through 2011 . I would like you to update that
through 2014.
MR. OCHS: Yes, sir.
CHAIRMAN NANCE: And bring that back to us.
And I would suggest to you that I would like to schedule a
workshop on parks and impact fees and budgeting for parks for the
March -- is that too soon?
MR. OCHS: You have a date for a workshop -- I'm sorry, you
have a subject already for March, but we can --
CHAIRMAN NANCE: For parks?
MR. OCHS: No, you have --
CHAIRMAN NANCE: Let's go to April. Can we do it in April?
MR. OCHS: Yes.
CHAIRMAN NANCE: Okay. And the reason why I'm saying this
is this, and I don't want to start a big fight on the dais here, but in the
analysis from 1997 through the year 2011, in my district $23 million in
impact fees were collected. The amount that was spent in my district
was $2 million, less than 10 percent of what was collected. And all that
money went elsewhere. And what we have done in the last 17 years is
we've continued to kick this Regional Park down the road, down the
road, down the road. There's always an excuse to spend the impact fee
somewhere else.
And it's time to take a look at equity here and before we go into
the next budgetary cycle to make a fair appraisal of what impact fees
we're going to have available now and down the road and how we're
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going to address the Big Corkscrew Island Regional Park.
COMMISSIONER FIALA: And I agree with you, because that's
something I've worked with.
CHAIRMAN NANCE: And I know. And Commissioner Fiala,
look, I've supported your community park and your community center
and I do support the pool, because I think pools are very, very
important.
However, you know, I look into these people's eyes in my district
every day and they know they're getting kicked to the back of the bus
and it's absolutely ridiculous. It's been blatantly unfair. The analysis is
absolutely atrocious.
COMMISSIONER FIALA: Let's figure this out, but just a second
CHAIRMAN NANCE: Let's take a look at it at this workshop.
Let's let staff bring the numbers forward, let's evaluate it and let's
figure out from a budgetary standpoint how we're going to go forward
on these parks. That's the only fair thing to do.
And I just ask for the information, sir, on that date in April.
COMMISSIONER FIALA: Let me throw this in, though. How
about simultaneous? Because I've been a great proponent of starting
your park, too. I worked a lot with Annette --
CHAIRMAN NANCE: Let's see how much money we've got.
Let's see how much money we've got.
COMMISSIONER FIALA: If we have so much, why can't we
start your park and finish my pool?
CHAIRMAN NANCE: Ma'am, I think the problem is that we
don't have so much, that we don't have any.
COMMISSIONER FIALA: Well, we had $7 million.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: You know, deja vu again. That
Regional Park in Golden Gate Estates is being robbed by --
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January 13, 2015
CHAIRMAN NANCE: Everybody.
COMMISSIONER HENNING: Yeah.
COMMISSIONER FIALA: Tell me how much you've spent in
East Naples.
CHAIRMAN NANCE: We'll bring all this information forward.
COMMISSIONER HENNING: We can bring it all forward.
COMMISSIONER FIALA: We're not robbing you up there.
CHAIRMAN NANCE: Well, let me explain to you what the
figures show from '97 'til 2011 . It showed in your district you collected
$16 million, and you spent $16 million, in your district.
COMMISSIONER FIALA: I wonder where we spent it. Oh, I
guess --
CHAIRMAN NANCE: No, you collected 16 million, you spent
16 million. In my district we collected 23 million, we spent two. So
where's the other 21 million?
COMMISSIONER FIALA: Are we talking parks like --
CHAIRMAN NANCE: We're talking about regional -- we're
talking about all kinds of parks.
COMMISSIONER FIALA: -- and boating parks and so forth, not
where kids play, right?
CHAIRMAN NANCE: No, we've got regional parks and we've
got community parks and there we're split.
So this information that they're capable of putting together will be
I think explanatory and answer a lot of these questions.
COMMISSIONER FIALA: But in the end you and I are both
saying the same thing, we want a park for our kids, we're talking about
the kids and we want to get it done, and both of them right now, and
let's do it.
CHAIRMAN NANCE: Absolutely.
COMMISSIONER FIALA: We can do that.
CHAIRMAN NANCE: But we've just got to find money, ma'am,
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January 13, 2015
that's the problem.
COMMISSIONER FIALA: We'll work together here.
CHAIRMAN NANCE: It's just a question of money.
COMMISSIONER HILLER: May I, Commissioner Nance? My
light is on. I mean, if I may?
CHAIRMAN NANCE: Commissioner Hiller, go ahead.
COMMISSIONER HILLER: Thank you so much.
Leo, you know, the period of time that Commissioner Nance is
describing is not a period of time that I or Commissioner Taylor or
Commissioner Nance sat on the Board. The Board had a very different
composition at that time.
Can you just very quickly give us a history of, you know, this 23
million versus two million or three million that was spent in the area?
What exactly happened? And if you can -- and then obviously going
forward, the situation is different. And just a little bit of background.
MR. OCHS: We'll be happy to bring the complete history of
projects that were built and completed with these funds.
I will say to you that none of your impact fees, save for your
transportation impact fee, are required to be spent in the same
geographic area in which they were collected. They've never been used
that way. And if we're trying to get dollar-for-dollar equity on a
geographic or district basis, that is a totally new element to --
CHAIRMAN NANCE: Mr. Ochs, I'm not looking for
dollar-to-dollar equity, I'm just looking for some money to be spent in
my district.
MR. OCHS: I understand, sir. You know, if I had a magic wand
I'd give all of you what you want tomorrow.
CHAIRMAN NANCE: I'm not asking for that. I'm just asking for
an honest assessment on where we've been, where we are and where
we might go, that's all.
COMMISSIONER FIALA: Your district includes Immokalee
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too, right?
COMMISSIONER HILLER: And can I continue, since I have the
floor on this issue.
I also want to point out that Mr. Ochs was not the manager of the
county at that time and that the current staff was not the manager.
If it's the Board's will to change how impact fees are allocated for
parks, that is a decision that this Board should consider by a separate
agenda item at a future meeting after the facts are presented to carry
this issue forward.
What we have before us today is the -- are the architectural costs
for a pool that we have agreed to have built. And what I would like to
do is I would like to make a motion with respect to this. While we have
approved this, I would like to make a second motion that the time
frame for these architectural services be cut in half, if possible, so that
we can move this project forward. So if feasible, that we require these
services to be provided in half the time as Commissioner Fiala would
like to see, because it would really be great if she could have them
done faster if she is able to get a matching from impact fee funds and is
able to raise the funding as a result of a true public/private partnership
that we get this done and get this in East Naples for their benefit.
MR. OCHS: Yes, ma'am. I think I need to spend a minute with
the Board on this.
Barry, where is that list of services inside that design contract?
You know, the design of the pool itself will happen relatively
soon. Ma'am, where we get into protracted time frames is when we're
talking about -- you know, part of the services are for permitting,
bidding, construction management, those are all things obviously that
follow an allocation of a budget or an expenditure by this Board after a
contract award.
COMMISSIONER HILLER: Right.
MR. OCHS: So, you know, the design part we can accelerate, if
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you then decide through your subsequent discussions on where you
want to put your impact fees, absolutely. But --
COMMISSIONER HILLER: And I completely agree with that,
which is why I suggested whatever we can accelerate, let's cut the time
in half so that they have that information as quickly as possible to be
able to go out and raise matching funds to the extent we can contribute
impact fees. And very clearly the rest just follows construction, and
then we'll set the construction time table, you know, after this design
phase is completed.
Is that acceptable?
MR. OCHS: Yes, ma'am, more than happy.
COMMISSIONER HILLER: Would you second that?
COMMISSIONER FIALA: Yes, I'll second that.
COMMISSIONER HILLER: Thank you.
CHAIRMAN NANCE: Any further discussion? I mean, the
motion is to do this as quickly as possible. I mean, I can support it. The
design certainly needs to be done so we can go ahead and know how
much money we have to deal with, so I can support that.
Commissioner Henning, you wanted to say something?
COMMISSIONER HENNING: Well, I wasn't finished from
before. It has nothing to do with the motion. So you just recognize me
after the motion and --
CHAIRMAN NANCE: All right. Motion and a second. Any
further discussion?
(No response.)
CHAIRMAN NANCE: All those in favor, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
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January 13, 2015
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: That's -- Commissioner Henning?
COMMISSIONER HILLER: Motion carried unanimously, by the
way.
COMMISSIONER HENNING: Can I continue without being
interrupted?
CHAIRMAN NANCE: Yes, sir.
COMMISSIONER HENNING: I think it's important to look at
park capacity, the active park capacity per district. And staff I think has
that information. So if we're going to do this in a workshop, I think that
information would be valuable.
My understanding from -- about fees is when you charge a fee,
you have to show the benefit of that fee. Okay? So I understand there's
no allocation on where it's collected and where it's spent; however,
there has to be a benefit to that person paying that fee. That's my only
comment.
COMMISSIONER TAYLOR: That's a topic for another day, but
that's good.
CHAIRMAN NANCE: Topic coming up in April with
information before that.
All right, sir. Where are we, Mr. Ochs?
Item #11E
WAIVE COMPETITION AND AUTHORIZE THE PURCHASE OF
CERTAIN FLEET PARTS, REPAIRS AND SERVICES FOR
COUNTY VEHICLES AND EQUIPMENT FROM LOCAL FORD
DEALERSHIPS ON AN EMERGENCY BASIS UNTIL
CONTRACTS CAN BE PUT IN PLACE AND TO AUTHORIZE
PURCHASES FROM THE SINGLE-SOURCE SUPPLIER
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January 13, 2015
WALLACE INTERNATIONAL TRUCKS LOCATED IN FT.
MYERS - APPROVED; MOTION FOR COUNTY MANAGER TO
GATHER INFORMATION REGARDING THE OUTSOURCING
OF FLEET MANAGEMENT AND BRING BACK AS A
REGULAR AGENDA ITEM — FAILED; MOTION FOR THE
COUNTY MANAGER TO GATHER INFORMATION
REGARDING THE OUTSOURCING OF FLEET MANAGEMENT
AND BRING FORWARD TO THE WORKSHOP IN FEBRUARY,
TO BE PRESENTED AFTER THE LIBRARY WORKSHOP —
APPROVED
MR. OCHS: You're on Item 11 .E --
CHAIRMAN NANCE: 11 .E?
MR. OCHS: -- Mr. Chairman. And that was moved at the request
of Commissioner Henning. It's a recommendation to waive
competition and authorize the purchase of certain fleet parts, repairs
and services for county vehicles and equipment from local Ford
dealerships on an emergency basis until contracts can be put in place
and to authorize purchases from the single source supplier Wallace
International Trucks, located in Fort Myers.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: Yeah, are those contracts ready?
Has it been solicited? Has there been a response?
MS. MARKIEWICZ: Joanne Markiewicz, Procurement Director.
Commissioner, we solicited for the parts contract, and we've
awarded a few vendors, but we need to make sure we have a Ford
dealership to provide component parts for our big fleet. So in the
interim we have executed a purchasing director waiver and we believe
in the next probably two or three months we may exceed $50,000, so
we're asking you for an additional waiver until we get that bid out and
brought to the Board.
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January 13, 2015
COMMISSIONER HENNING: Okay. On September 23rd, 2014
there was an executive summary on our agenda stating that staffs
intent is to re-solicit the TIB for authorized OME (sic) manufacturing,
that's your Ford, okay, correct?
MS. MARKIEWICZ: Correct.
COMMISSIONER HENNING: Now, you just stated on two
items previously it takes six weeks to get a bid out. Why from
September until now don't we have the bids?
MS. MARKIEWICZ: We issued a parts bid in September, and
that bid came --
COMMISSIONER HENNING: For OME, for original
equipment.
MS. MARKIEWICZ: It was for both OEMs and also general
parts. And that bid came in, I believe it was early November. We made
a preliminary -- well, we made an award at the Board in December.
And unfortunately we needed to deem four nonresponsive because
they didn't address the bid the way we had asked them to.
Different way to say that, sir, is we had a number of grant
requirements that we added to that solicitation and four did not honor
those grant requirements.
COMMISSIONER HENNING: Are you allowing them to rebid
it?
MS. MARKIEWICZ: We're re-competing that, sir. And we
intended to have that out this week.
COMMISSIONER HENNING: Okay.
MR. OCHS: Commissioner, part of what happened, just so the
Board knows, is a couple years ago, or maybe last year when we had a
grantor compliance audit on our mass transit public transit system, they
made a finding that if we were going to use the federal grant dollars to
procure equipment and parts to support that equipment, that that
procurement needs to comply with all the federal grant requirements.
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January 13, 2015
The big change from what we traditionally asked for, sir, in our
pricing was we wanted -- we usually solicited a cost plus basis for
these parts. The federal contract for the CAT equipment was requiring
a different way for the vendor to price the item, and they were reluctant
to do that. They wanted a retail price less a discount.
So we've been trying to work with the local Ford dealers to get
them to understand why it is we have to ask for the pricing on these --
at least these CAT vehicles in that manner as opposed to the traditional
way. And it's taken some time to re-solicit that.
COMMISSIONER HENNING: Okay. On the purchasing of new
vehicles, there's -- that's continuing. We have a contract for that; is that
correct?
MS. MARKIEWICZ: We do, yes, sir.
COMMISSIONER HENNING: And so how many vehicles are at
fleet ready to be processed?
MS. MARKIEWICZ: There are 66 cars ordered.
COMMISSIONER HENNING: How many are at fleet right now
waiting to be processed?
MR. MENENDEZ: Commissioners, good afternoon. Mario
Menendez, Interim Fleet Director.
Let me, for clarification, new vehicles to be processed or vehicles
to be repaired?
COMMISSIONER HENNING: New vehicles to be processed.
MR. MENENDEZ: Right now I believe I have six.
COMMISSIONER HENNING: Six of them? How long have
they been there?
MR. MENENDEZ: About a week.
COMMISSIONER HENNING: And you're ordering 66 more?
MR. MENENDEZ: So far the departments have put P.O.'s in
place for 66 units, roughly. That's what I have ordered.
COMMISSIONER HENNING: Okay. So that will take you more
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January 13, 2015
than one year to process under the -- if you're doing, you know, six in
two weeks or something like that.
MR. MENENDEZ: It depends on how they come in. I work a lot
of hours. I usually end up working Saturdays processing vehicles all
day on Saturdays getting them in. It really depends on --
COMMISSIONER HENNING: So you yourself, you're there on
Saturdays processing vehicles?
MR. MENENDEZ: Yes, sir. When needed.
COMMISSIONER HENNING: I understand that you're down
some staffing levels at fleet?
MR. MENENDEZ: Currently we are minus three technicians.
One while I'm in the interim, I have my principal technician is in the
interim as a shop manager.
COMMISSIONER HENNING: They quit, correct?
MR. MENENDEZ: We have one that retired and then one that
resigned.
COMMISSIONER HENNING: This was just recently?
MR. MENENDEZ: Yes, sir. Well, the one retired a few months
back, we hired a replacement. He resigned. And then we have one that
just found a new job and he resigned from the county recently.
COMMISSIONER HENNING: Is there a reason why they're not
in Human Resources for replacement?
MR. MENENDEZ: Oh, we are. We've already interviewed and
already have two recommendations for hire. The process is already
done, we're just going through the process to get them -- you know,
make them an offer and so forth.
COMMISSIONER HENNING: Okay.
With that explanation, I'll make a motion to approve.
CHAIRMAN NANCE: Second?
COMMISSIONER FIALA: Second.
CHAIRMAN NANCE: There's a motion by Commissioner
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January 13, 2015
Henning, a second by Commissioner Fiala.
COMMISSIONER HENNING: You have to ask him.
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: I have to decondition myself.
Leo, when Hertz moved to Southwest Florida, we found out that
Hertz was providing a service to private entities which was saving a lot
of these corporations a lot of money by both procuring and leasing
vehicles for them, as well as being fully responsible for the
maintenance of those vehicles which, you know, obviously eliminates
a lot of the discussion here.
Whether it's Hertz or some other company that we would solicit
to and who would win an award by competitive bid is another issue,
but I know that you sat down with Hertz and found out about how this
is done. And so my question to you is why are we not outsourcing this
to a company like Hertz through the competitive process rather than
trying to do this in-house?
COMMISSIONER HENNING: That's a good idea.
COMMISSIONER HILLER: And especially with a company like
Hertz down the street who has a proven track record with, you know,
private industry. I'm not sure I understand why we even have this
before us.
So Commissioner Henning, I really appreciate you pulling this
forward, but I'm looking at it from a different perspective.
COMMISSIONER HENNING: You mean outsourcing fleet
management?
COMMISSIONER HILLER: Yeah. I mean, we would still have a
gentleman like you as -- you know, we would still have an in-house
staff, a limited in-house staff.
COMMISSIONER HENNING: You don't have a director.
COMMISSIONER HILLER: What we don't need is, you know, a
-- I mean, we would save I think a great deal of money and time and
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January 13, 2015
potentially even dollars in acquisitions because the leases that these
companies negotiate is very different than the type of lease you and I
negotiate as a citizen. And there might be very specialized cars that
have different standards. They can accommodate that. They disclosed
that they could accommodate that.
So what's your thought on that, Leo?
MR. OCHS: Commissioner, we did an analysis; we had several
meetings with the people from Hertz. They're one of, you know, as you
know, several vendors that offer this privatized fleet management, just
like companies that offer privatized jail and correctional facilities
management.
If the Board wants us to put an RFP on the street, we can certainly
do that. It's very complex. It's a little more complex than the little
five-minute discussion we've had here kind of off-line.
But if that's the will of the Board, that's what we'll do. But it's a
big step and there's quite a bit to consider. I'd prefer to either workshop
this first or have a separate staff item on another agenda where we
could bring some analysis to you and let you make an assessment on
whether you want to move forward that way. We're happy to do it,
Commissioners.
COMMISSIONER HILLER: I would like to -- I don't think
there's a need to workshop this. I think this is an item that we should
bring forward on a separate agenda item. And I think this emergency
contract, which should be a short term contract, should not become any
sort of permanent contract until we have evaluated the question of
whether we should contract this service out and look at the cost benefit
analysis that relates to that.
You recommended the outsourcing of the marinas and that has
worked extremely well, and I want to commend you on that. And I
think this could follow suit.
COMMISSIONER HENNING: But this item is a temporary item.
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January 13, 2015
COMMISSIONER HILLER: Right, exactly.
COMMISSIONER HENNING: Even if we enter into a bid or a
solicitation, or maybe even a contract we might be able to sign, we
don't have to purchase anything.
COMMISSIONER HILLER: Absolutely. No question.
COMMISSIONER HENNING: So you need to let this go down
the road --
COMMISSIONER HILLER: I agree with that, very good point.
COMMISSIONER HENNING: -- and at the same time let's do an
analysis and see if we can get a bigger bang for our buck by
outsourcing.
COMMISSIONER HILLER: Yeah, I agree with that. So if--
CHAIRMAN NANCE: Right now on this agenda item is there a
motion?
COMMISSIONER HILLER: Yeah, there already is.
COMMISSIONER HENNING: Yeah.
COMMISSIONER HILLER: And I seconded.
CHAIRMAN NANCE: Okay, Commissioner Henning made the
motion to approve and Commissioner Hiller seconded it. Is there any
further discussion?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER HILLER: And I'd like to make a motion to
direct the County Manager to bring back an Executive Summary to the
Board that explains to us the option of Outsourcing Fleet Management,
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January 13, 2015
and what the RFP would look like.
CHAIRMAN NANCE: I personally think, Commissioner Hiller,
that this should be work-shopped. And let me tell you why. There is a
constant struggle that goes on with anybody in operations to try to be
right sized on outsourcing repairs and maintenance. Because what
you'll find is you'll find that it's very inconvenient to send a vehicle out
for three days to get a blinker light replaced. And the next thing you
know --
COMMISSIONER HILLER: But --
CHAIRMAN NANCE: Let meet finish.
-- you're going to find out that oh, we need a mechanic to do
minor things.
So I think we need to really listen to our operations people that
have experience with the vehicles that we're contemplating repairing
and maintaining and get their feedback before we direct the County
Manager to go out and outsource something where -- I can tell you,
there's not a lot of money to be saved in some of this. You have to be
very, very careful. Unless you have just absolutely blatant inefficiency,
which I doubt we have in a system that's been functioning with as
many vehicles as we have. Because what do we have, 800 vehicles,
Mr. Ochs?
MR. OCHS: Yes, sir, including the small equipment.
COMMISSIONER HILLER: Can --
CHAIRMAN NANCE: Excuse me, let me finish.
I think we do need to discuss it and I think we need to listen to
our operations managers very, very carefully before we jump. And I
think it's worthy of a little bit of time. It's not as if we have a crisis on
our hands here.
COMMISSIONER HILLER: No, I don't think it is a crisis, and I
also don't think it's a workshop item. I think this can be addressed in a
Board meeting, you know, through an executive summary.
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And I think that looking to what the private sector is doing and
from having met with Hertz with our County Manager and with staff
and hearing the trend in corporate America -- and I think they said, I
can't remember, I don't want to misquote, but I think they said
something like 80 percent or something like that of, you know, I guess
major corporations are doing this. There's obviously a perception that
-- and support for efficiency. And, you know, what you're considering
to be potential inefficiencies is not viewed as the same by the business
community.
So I think, you know, if I could get support to have the staff come
forward, they already have the information, they already met with
Hertz as one example so they understand what could be offered. I think
we should discuss it and consider it. And if after the discussion it
seems to have merit, we would make a motion to ask them to go out to
bid or if we decide it doesn't, we just say don't.
COMMISSIONER HENNING: I second the motion.
COMMISSIONER HILLER: Thank you.
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: Yes, I understand what you just said,
and that's a very good idea to go for discussion. But I hate to see us do
this, because right now we have at our fingertips our employees who
know the vehicles, who can work on them and we can get them taken
care of immediately. And I think that's a savings, actually, rather than a
loss. So I'm in favor of that, but I'm certainly willing to get the reports
Commissioner Hiller just mentioned.
COMMISSIONER HILLER: Thank you.
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: I would agree with Commissioner
Fiala, I certainly -- I'm very interested in this. I don't know anything
about this topic, it's very important. The bottom line of course is the
money, but we also have a situation where we need information and
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January 13, 2015
maybe --
CHAIRMAN NANCE: Do you want to have it addressed in a
workshop or --
COMMISSIONER TAYLOR: In a workshop. I think a
workshop, because I think -- I don't want to the send the wrong
message out.
COMMISSIONER HENNING: Leases?
COMMISSIONER FIALA: Either one is -- I think it could be
handled pretty quickly. I'd just as soon --
CHAIRMAN NANCE: Well, there's a motion to have it as an
agenda item down here, and a second.
COMMISSIONER FIALA: Workshop, okay, I'll --
CHAIRMAN NANCE: No, no, there's a motion to have it as an
agenda item and not a workshop.
COMMISSIONER HILLER: Right. Because they'll present the
information as backup and we can have a discussion. I mean, this is not
a workshop item, it's not a community discussion.
CHAIRMAN NANCE: I don't know why it wouldn't be.
COMMISSIONER TAYLOR: Mr. Ochs, you suggested a
workshop because?
MR. OCHS: Well, we had several follow-up meetings, as
Commissioner Hiller had indicated, with the subsidiary of Hertz that
provides private fleet maintenance and acquisition services. I'm just
saying based on those -- the documents that we went through with
them. And it's fairly in-depth. I mean, we can handle it in an executive
summary. I suspect there would be a lot of follow-on discussion. But
the thing I'm thinking about is we talk about this. You know, the
Sheriff probably has a larger in-house fleet operation than we do. So if
we're going to do this in the interest of efficiency or cost savings, you
may want to consider inviting the Sheriff to participate in this
discussion, either as an agenda item or a workshop.
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January 13, 2015
COMMISSIONER HILLER: I would agree with that. I think we
should. And I think what we should do is start with an agenda item to
look at it at the 100,000 foot level, and if based on that discussion we
think it warrants further examination ahead of putting it out to bid, then
let's have a workshop to delve into the details, if there is a need.
But I think -- you know, there are so many opportunities. The
school board might be interested. Every morning I drop my daughter
off at Baron and I drive by, you know, a field of vehicles, which is
unbelievable.
So if you don't mind, if we can start with the least, you know,
threshold analysis which would be a Board Executive Summary as
opposed to a full workshop and then from there make a determination
if we go either to bid or to a workshop, I think it might make sense.
CHAIRMAN NANCE: Why don't we have him bring back a
presentation then instead of an agenda item. I don't want to start voting
on --
COMMISSIONER HILLER: Well, you're voting on whether or
not you want to advance it to a workshop, advance it to a bid or kill it.
CHAIRMAN NANCE: Okay. Right now there's -- we're going to
do one motion right now. There's a motion to do it as an agenda item.
All those in favor, signify by saying aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN NANCE: All those opposed?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
Okay, that failed 2-3.
You want to make a counter motion, Commissioner Hiller?
COMMISSIONER HILLER: Make it a workshop. If you want to
make it a workshop --
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January 13, 2015
CHAIRMAN NANCE: I will second --
COMMISSIONER FIALA: Second.
COMMISSIONER HILLER: -- then make it a workshop.
CHAIRMAN NANCE: Commissioner Fiala seconds that, a
motion to have a workshop.
When could we schedule that, County Manager Ochs?
MR. OCHS: Well, we can add it to one of your existing
previously scheduled in April.
CHAIRMAN NANCE: You want to do it in April? So now we
fill up April.
MR. OCHS: You've got -- April you've got the CRA and you've
got the item we just talked about --
CHAIRMAN NANCE: So we're done in April.
MR. OCHS: -- impact fees and this for April.
COMMISSIONER FIALA: You know, that's a lot. Those are
heavy-duty subjects. Could you even just bring it back -- what do we
have next, the library. Maybe that won't take too long, we could --
might be able to include it into the --
CHAIRMAN NANCE: Short time --
MR. OCHS: The library is early February, I think the first
Tuesday in February, Commissioner.
CHAIRMAN NANCE: What do we have in March?
MR. OCHS: We have the Affordable Housing Advisory Board
report to the Board and the discussion on work force housing. That
may take some time.
Why don't I try to work it in on the -- behind the library item in
February.
COMMISSIONER HILLER: And you already have all the
information. You've already done --
MR. OCHS: Yes, ma'am. And what we'll try to do there is, as you
suggested, give it a fairly high level review by the staff, providing
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some --
COMMISSIONER HILLER: Could you please invite --
MR. OCHS: -- potential benefits and disadvantages and then give
you all the backup and you can direct us.
COMMISSIONER HILLER: Could you invite other members of
the community like the school board, like the Sheriff, anyone that
might have a larger fleet that could be interested? Could you also ask
Hertz to come and speak and present information and answer questions
to explain how they do their business? I mean, they are our local
constituent, they are a local business.
MR. OCHS: Commissioner, if you decide to go out for
privatization at a future date based on this workshop discussion, there
could be some, you know, accusation that if Hertz is a bidder that
they've already had an opportunity to present and influence your
analysis of it. But, you know --
COMMISSIONER HILLER: County Attorney?
CHAIRMAN NANCE: This discussion --
COMMISSIONER HILLER: Hang on a second.
County Attorney, I mean, we've already spoken to Hertz. I mean,
I've spoken to them with you.
MR. OCHS: Yeah, but the Board hasn't.
COMMISSIONER HILLER: So County Attorney, is there a
problem if a company like Hertz were to speak? I mean, and I'm not
sure that's a fair argument, because when we had the discussion on the
megahertz system, we discussed the megahertz system at a workshop
and then the individuals who spoke at that workshop, if my memory
serves me correctly, ended up becoming bidders on that system and we
ended up giving it to one of them.
CHAIRMAN NANCE: Well, let's think about what we're saying.
We're talking about a workshop in February which we're going to put
together by the first Tuesday in February for an hour following the
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libraries, and we're going to invite the Sheriff, the school board, Hertz
COMMISSIONER HILLER: Whoever wants to come.
CHAIRMAN NANCE: -- we're going to do that in an hour?
COMMISSIONER HILLER: No, we're not doing it in an hour,
we're doing it in whatever time it takes after the presentation on the
libraries. And we are committed to the full afternoon. We don't limit
our workshops for 1 :00 to 3:00. We take it from, you know, 1 :00 to the
end of the day. So I'm not sure that that's a fair statement. But I was
asking a question of the County Attorney.
MR. KLATZKOW: I'm not sure that I mind, but I'd like to get
with the County Manager to see what ideas he has for the presentation
first, and then we can invite whomever we think would be appropriate.
COMMISSIONER HILLER: And quite frankly, I don't think we
can deny anyone from wanting to speak because they can always sign
up as public speakers and address us as well, besides inviting them.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN NANCE: All right, let's -- there's a motion to have
a workshop. I don't know exactly when we're going to have it.
COMMISSIONER HILLER: In February.
CHAIRMAN NANCE: In February, following the Libraries?
COMMISSIONER HILLER: Uh-huh.
MR. OCHS: Yes.
CHAIRMAN NANCE: All those in favor, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Any opposed?
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January 13, 2015
(No response.)
CHAIRMAN NANCE: Okay.
MR. OCHS: Okay, moving right along. That takes us to 11 .F.
COMMISSIONER HENNING: Don't we need a break?
CHAIRMAN NANCE: Yeah, let's take a break for the court
reporter. Let's come back at 2:50.
(Recess.)
Item #11F
TERMINATE FOR CONVENIENCE CONTRACT NO. 13-6173
FOR "OUTSOURCING OF COUNTY CONCESSIONS WITHIN
PARK FACILITIES" AWARDED TO NASA HOLDINGS OF
MIAMI, INC. D/B/A CONCESSION SERVICE SYSTEMS —
APPROVED
CHAIRMAN NANCE: Mr. Ochs, I think we're on 11 .F; is that
correct, sir?
MR. OCHS: That is correct, Commissioner. That was previously
16.D.6. It was a recommendation to terminate for convenience the
outsourced county concession with park facilities awarded to NASA
Holdings in Miami.
COMMISSIONER TAYLOR: And I wanted it combined with the
16.J.6, which is the audit, if we could. If that's possible.
And the reason being, it's after the fact of the audit. And to me it
might be endemic of perhaps of-- I have to be so -- just a failed
opportunity. And once again, we're terminating a concession dealer
when -- what's going on? It's more a management question than it's the
actual facts, let me repeat it that way -- and both these items are about
management.
MR. OCHS: Mr. Chairman, if I might, I think if you want to take
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them in sequence, we can, but I think we should take them separately,
nevertheless.
CHAIRMAN NANCE: Let's take one of them at a time. Let's
take the park concessions item.
And Mr. Williams, do you want to present something?
MR. WILLIAMS: Mr. Chairman, Barry Williams, Parks and
Recreation Director.
I don't have a presentation for you. I understood it was pulled and
there was questions about it, so I'm here to answer any questions you
might have.
COMMISSIONER TAYLOR: I just -- when I read it, it was
again in conjunction with the audit which of course I read. And I know
that the audit goes back two years ago.
MR. WILLIAMS: Three-and-a-half years.
COMMISSIONER TAYLOR: Three-and-a-half years.
But I guess what I want to know is what's different now, what's
changed. And it doesn't have to be more staff. And then when I read
about the termination of this concession, and that no one really knew
that was happening, to me it smacks of perhaps a lapse in management.
And the reason I'm bringing this forward is that your department
has the toughest job, because you are -- you reach out to the public,
and the public expects to be able to use their parks and to be able to
afford to use their parks and their pools and all the wonderful things
that your division operates.
And when you have the kind of problem we had three-and-a-half
years ago, you know, I'm looking for some major change here that I
didn't really read when I read the audit. And so --
MR. WILLIAMS: Understand. And I appreciate the opportunity
to speak to both. And if I could, let me start with NASA Holdings.
MR. OCHS: That's the only item we're dealing with right now.
MR. WILLIAMS: Let me just talk to you about the NASA
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Holdings item then in terms of where we stand.
And the only thing I would say about the audit is one of the
decisions we made was to outsource the concession. The concession
was an area of concern in terms of our managing it. So in our
outsourcing of this concession we solicited for vendors last year,
NASA Holdings was awarded the bid.
And what we've experienced over the course of the last 12 months
has been -- you know, our first interaction with Mr. Silva was just to sit
down and kind of go over the terms of the contract and what those
expectations were.
And for us the big thing is the agreement is purely
straightforward. His gross sales, he pays us a percent for use of the
facilities that we have.
What we've asked him over the course of the last 10 months is for
him to demonstrate to us that the revenues that he's bringing in, those
points of sale, actually are accounted for and that it equals a percent
that is owed to the Board of County Commissioners. We've asked that
repeatedly. We've met with him, we've gotten assurances from Mr.
Silva that he will provide those, and then they're not provided.
And for us, what we're looking for, he runs cash registers, point of
sale. He has Z Reports that we need to see those Z Reports to see what
revenues that he's brought in and how that equals his daily gross
consolidated sales report, how that equals his monthly gross sales
report. We look at that data and see what percent of money he's
providing us. We need to be assured that that's correct.
And so what I'm telling you is that we've gone through this
process since last March asking for this data. We've escalated this to
the point where we asked purchasing. At one point it was decided that
maybe there was a conflict in our staff, our staffs interaction with Mr.
Silva and his staff. And so we asked purchasing to become involved.
And part of what we did with purchasing is they had objective
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staff, they're here today to talk to you about that. Purchasing escalated
this in terms of written correspondence to Mr. Silva, asking him to
provide this data.
Mr. Silva hasn't provided the data. And I'm beyond a point where
I can wait for the information I'm looking for.
And, you know, Junior said it best to me in a previous meeting
that we had, he's saying that he's expanded beyond his ability to
manage. And we think that's the issue in terms of his accounting.
I don't have the luxury of waiting for his accounting to get better,
and so what I'm bringing to you is a recommendation to terminate the
agreement, and for us to re-solicit and get somebody who can provide
the accounting that we're looking for.
COMMISSIONER TAYLOR: And I have no quarrel with that. I
support it.
My concern is how many times we have to do this. And I'm not --
this is not a criticism. I know the way it was done in-house, then you
decided to go to concessions and now you're going to go out to bid
again. But I'm not sure that every public facility has this problem. And,
you know, we're coming into budget and we're going to discuss about
park fees and things, user fees. And it's so important. You have a
business. It's what you have; you really have a business.
MR. WILLIAMS: Absolutely.
COMMISSIONER TAYLOR: And it's a lot of cash and it has to
be run so tight. And I know you can do it. I just, I don't know where --
after reading these both together I'm just thinking, okay, there's
something we need to do a little bit more here.
MR. WILLIAMS: Well, I think we would want to talk about the
audit when it comes forward for discussion. But I also want to tell you
that we run concessions. This is not the only concession that we run.
We're successful in outsourcing the marina concession. We ask the
same information from our marina concessionaire and we are getting
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it. We've worked with concessions on the beach, we have two
concessionaires that we work with. Again, we get this data that we
need.
We've outsourced our lockers, you know, at Sun 'N Fun; we get
that information that we need. So we're not -- this isn't new to us in
terms of outsourcing. We outsourced our tennis facility. And again, we
get the data that we need.
This is an exception. And we can't explain it, and not looking to.
We can speculate. But what we're saying is basically this is not
working according to what we need from this vendor, so we're looking
to separate and re-solicit.
And as I understand it, Mr. Silva, you know, part of the
discussion that we've had is whether the contract is too onerous for
him. And certainly, you know, we'll look at that when we re-solicit.
And if there was a desire for Mr. Silva to bid on that again under a less
onerous agreement, certainly that would be his right. But under the
current agreement what we're looking to is to discontinue it.
COMMISSIONER TAYLOR: Well, let me say this: To ask for
an accounting is not onerous, it's good business.
MR. WILLIAMS: Yes, ma'am.
COMMISSIONER TAYLOR: And I would encourage it, and I
would encourage you to make decisions even faster. Last March is
when you started to see there was some problems, and summer is a
busy time, and this is -- Sun 'N Fun is the park. It's the happening park
and people want to go there and they enjoy themselves.
MR. WILLIAMS: I have to tell you, one of the first things Mr.
Ochs said to me is why is it taking this long. And he's got a point. And
I do appreciate your point as well.
We did want to give Mr. Silva every opportunity to be successful.
And there are a lot of things that we liked about Mr. Silva in terms of
his service. But I agree with you, that this is -- and that's where we are,
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we're at a point where it's time.
COMMISSIONER TAYLOR: And this is not personal, it's not
with Mr. Silva or anything, it's just business practices and just
incorporate them and just sharpen your tools with that. That's what this
is about.
MR. WILLIAMS: Yes, ma'am.
CHAIRMAN NANCE: Okay, do we have a public speaker?
MR. MILLER: Yes, sir, we have four registered public speakers
on this matter. Your first speaker is Alirio Silva, Jr. He'll be followed
by Adrian Thistle -- or Alarian Thistle.
MR. THISTLE: Adrian.
MR. MILLER: Adrian? I'm sorry.
MR. SILVA: Good morning, Commissioners.
CHAIRMAN NANCE: Your name, sir?
MR. SILVA: I'm sorry. Alirio Silva, Jr., 7005 North Waterway
Drive. Also commonly referred to as just Junior Silva.
I am the chef, owner and proprietor of NASA Holdings of Miami,
which also operates as d/b/a as Concession Service System.
You know, it's really unfortunate why we're here today. I have to
tell you that I'm not here to ask for a yes vote, I'm not here to ask for a
no vote. You know, one of the things that I'm here for is just to get a
couple things on the record.
And, you know, my dad, may he rest in peace, you know, my dad
taught all five of us to speak up when we felt that there was something
wrong. And we feel that we're here today because I spoke up to Mr.
Williams. And I addressed issues that were going on in the operation,
and we feel that's why we're here today.
You know, no business, no business can operate without having
GAP in place. For those, you know, GAP is Generally Accepted
Accounting Principles. You know, we've taken a small four or
$500,000 operation and turned it into almost a $5 million operation.
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You don't do that without having specific and strict accounting
procedures in place. If you do do it, I'm not privy to that, and maybe
somebody can, maybe somebody has, but that's not us.
Mr. Williams referenced these famous Z tapes. This is a Z tape
and this is a Z tape. You can imagine our difficulty in keeping a whole
year's worth of these. This is what the contract calls for.
This is also what the contract calls for. He's unwilling to accept
these, he wants these. This is printed on thermal paper. This will be
raised. This is kind of like, you know, you can go to Wal-Mart to buy
some, you know, whatever, some fruit or vegetables. And you just
kind of take these receipts. This is printed right off of our computer
register system. We have provided this information to the county. We
vehemently disagree. And that's one of the good things that I believe
we have in this country is that we can agree to disagree.
You know, we run a strict accounting from the information that
was provided through the purchasing department. 2010 you operated at
a $90,000 loss, 2011 an $88,000 loss, and 2012 at a $32,000 loss. I
have stopped that loss for you. I have stopped that loss for you.
I have already paid the county almost very close to about 50,
$52,000. I've taken this enormous burden. In reference to that audit
that you spoke of, I read the audit. I kind of stumbled upon it, I read it
and it was pretty clear that they have some major issues in that section
of that area.
I am a specialist when it comes to this type of business. We're
doing this all over the place.
Sorry, my time's up, so --
MR. MILLER: Your next speaker is Adrian Thistle. He'll be
followed by Sheyvion Burton.
MR. THISTLE: Adrian Thistle, 765 Sierra Club Circle. I'm a
resident of Naples, Florida. I've been working with Junior for five
years now, and I was relocated here from Miami a year ago.
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January 13, 2015
And we heard, I mean, from firsthand from the park staff that
we'd done a great job. And we wanted to see if there could be a
resolution on this for everybody. I mean, we put so much work and
time on this. I mean, on my side. It's been a great year, I mean, as a
worker. I think we've done a great job. So I just wanted to put that out.
And if you guys can take a look at the contract again, maybe, you
know. At the contract amendment, sorry. Thank you.
MR. MILLER: Your next speaker is Sheyvion Burton. I hope I'm
saying that right. He'll be followed by Richard Yornich.
MR. BURTON: Good afternoon.
MR. MILLER: Oh, this will be your last speaker.
MR. BURTON: Sheyvion Burton, NASA Holdings.
I worked with the county for three years and I worked with Junior
for one, and Mr. Thistle. And in just the past year we've made a big
improvement in the sales, proficiencies, quality, wages. So I would
hate to see that disappear just for technicalities. Thank you.
COMMISSIONER HILLER: May I speak, please?
CHAIRMAN NANCE: No further public speakers?
Commissioner Hiller.
COMMISSIONER HILLER: Barry, they on the record stated that
they're giving you something that's produced off their register that's the
equivalent of a tape. What's the issue?
MR. WILLIAMS: The issue for us has been they have a point of
sale system that they use. They also have manual cash registers that
they use. We have kiosk that -- where they sell ice cream. On a couple
of occasions we found them selling product without providing receipts,
which ended up itself-- was very concerning to us.
What we've asked them for is with these manual points of sale for
cash register receipts, the contract clearly stipulates, and I put it on the
visualizer, that they have to keep these for the length of the agreement.
And so what we're asking them for is to justify the payments to us by
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show us those cash register receipts, let us look at those. And we've
been told we can't have them, we've been told that they don't exist,
we've been told that they don't have the system to produce them.
About two weeks ago when it became apparent to Mr. Silva that
we were going down this road, he allowed me the opportunity to meet
with Adrian, and Adrian actually showed me the process where they
did the Z Report, created the tape, and then they took a picture of it and
emailed it to Mr. Silva. So that's the protocol.
So again, there's no confidence with this vendor in terms of our
ability to continue on. And all we're asking him to do is to follow the
contract. And what we've heard is, I'll do it, I'll do it, and then it hasn't
happened. So we're at a point where we're just -- we're beyond our
ability to continue this.
COMMISSIONER HILLER: What's the total revenues that
they're reporting for the year compared to the total revenues you
reported for that concession for the prior year and maybe a couple
years back? How much more or less are they reporting than you've
reported that you believe you're not being paid on?
MR. WILLIAMS: Well, I don't know. I don't have that -- we
roughly made a half a million dollars. We basically covered costs
associated with --
COMMISSIONER HILLER: I don't care whether you covered
cost. I want to know, because they're supposed to pay you based on the
top line, based on total revenues. So I want to know what you
generated in revenues when you ran the concession versus what they're
generating. I'm going to ask them that question.
What did you generate in revenues?
MR. SILVA: Commissioner, thank you.
Actually, I have two payments that I'm going to give Mr.
Williams here when we're done. So including those two payments,
459,000. And with the -- 459,020 is what we've generated from the
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start, which was February, like Presidents Day weekend of'f 14 until
now.
COMMISSIONER HILLER: So not a full year.
MR. SILVA: Right, we haven't operated a whole year.
And, you know, like I said, you know, the county -- you know,
these water parks are very --
COMMISSIONER HILLER: So you're generating approximately
the same amount of revenue that they generated the previous year.
MR. SILVA: Yeah, but if you put that in perspective, the novelty
of the water park has already worn off. Every year, according to the
reports that I've seen, every year the attendance has gone down. So
when you kind of balance out the attendance versus the revenue, you
know, if the attendance would have been at the same levels we
probably would have done 650, 750, maybe, in that ballpark.
You know, and, you know, I have to disagree with what Mr.
Williams is telling you. You know, we've worked diligently to try and
resolve this issue. We think that the way to go is just a simple contract
amendment. One of our attorneys that works for me has reached out to
Mr. Klatzkow, and Mr. Klatzkow made it seem or appear that, you
know, a simple contract amendment can be in place or can be done.
And, you know, we have 13 years of consecutive experience with
governments when it comes to water parks, food service locations.
You know, what this is asking us to do is -- you know, what I would
have to probably do is just hire a full-time accountant to run this.
One of the provisions in this agreement is that we have to certify
our monthly revenues through an accountant. Well, if I were to do that,
one, it would be a little cost restrictive and two, if I gave it to an
accountant once a month, I mean, God knows how long they're going
to take. They could take 30, 60 days, so that means every report is
going to be late, every payment's going to be late. So it's just more of a
functionality of the contract.
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January 13, 2015
COMMISSIONER HILLER: I'm reading the provision right here,
and it's very straightforward and very simple. And when you signed
this agreement, I don't think there's any ambiguity in what you agreed
to. And I can't understand you standing here before us today saying
you could not do what you promised.
Mr. Williams is saying that you're, you know, selling items for
cash and not using, you know, an electronic point of sale cash control
register to do that. That's a problem. And if you can't generate the cash
register tapes, as you agreed that you would and you're making all
these excuses that you need to bring in accountants and that would be
time-consuming and expensive for you, then you shouldn't have agreed
to this.
MR. SILVA: Ma'am, the answer to your first question was on
occasion, unfortunately because of electrical situations at the park,
because of rain, there were times where those little, small manual cash
registers were damaged. So we kind of just had to move forward with
them until we got them replaced.
So the days that we did this without a register were very nominal,
like one, two, maybe three days. However, I will not discount that.
Because we ran those dollars and those sales through the consolidated
report, which is what I have submitted to the county. In no way, shape
or form --
COMMISSIONER HILLER: How is that report generated?
MR. SILVA: In the computer. Right on the register.
COMMISSIONER HILLER: Off the register.
MR. SILVA: Right off the register. This is -- you know, it gives
you a detailed, you know, how many fruit cups, how many turkey
sandwiches, how many pizzas.
COMMISSIONER HILLER: So this is identical to a Z tape?
MR. WILLIAMS: That's it. Just to correct that, there is a point of
sale that Mr. Silva has where what he's saying is correct. There's other
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January 13, 2015
points of sale with manual cash registers that he runs the Z Tape and
then has to enter that into his point of sale that he's describing. Again --
COMMISSIONER HILLER: Well, but it says here that all
electronic cash control equipment and accounting procedures shall be
with the approval of the county finance department.
So if the county -- did the county finance department approve
this?
MR. SILVA: Yes.
COMMISSIONER HILLER: You approved it?
MS. KINZEL: (Shakes head negative.)
MR. WILLIAMS: No.
MR. SILVA: I got an email. I don't have it in front of me, but I do
have an email from Steve Weisberg, the operations coordinator
approving the use of our --
COMMISSIONER HILLER: Who's Steve Weisberg?
MR. WILLIAMS: Steve Weisberg is our contract manager. We
had implemented a contract manager for all our concession contracts
after our recent audit.
Again, I think that there are a lot of issues. We've documented a
lot of issues of problems. I mean, one of the reports that he's giving us
actually identifies a water park in Miami, you know, in terms of the
data that he's giving us.
So he's got some issues. He's talking about improving them, but
it's just beyond a point where we can wait for that.
COMMISSIONER HILLER: But you -- one of your staff
approved his equipment.
MR. WILLIAMS: No, they did not. Steve is not the person that
approves -- the finance department would have to approve the point of
sale.
MR. SILVA: I can bring you the email, if you'd like. I can email
you the email.
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January 13, 2015
COMMISSIONER HILLER: The concern I have, Jeff, is that,
you know, either we're right and there should be a full audit and we're
probably, you know, or possibly missing revenues if the accounting is
not complete and accurate.
Alternatively they're right and we're going to be sued for breach
of contract.
MR. KLATZKOW: Which is why we're terminating for
convenience.
COMMISSIONER HILLER: We have the means to do that that's
provided in the contract?
MR. KLATZKOW: Yes, ma'am.
COMMISSIONER HILLER: Okay.
CHAIRMAN NANCE: Any further discussion?
(No response.)
CHAIRMAN NANCE: Hearing none, all in favor of approving
the item, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: All right, it's approved 4-0,
Commissioner Henning absent.
Item #12A
AUTHORIZE THE COUNTY ATTORNEY'S OFFICE TO FILE A
PETITION FOR ADMINISTRATIVE HEARING IN RESPONSE
TO THE FLORIDA DEPARTMENT OF HEALTH'S
ADMINISTRATIVE COMPLAINT CAPTIONED DEPARTMENT
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January 13, 2015
OF HEALTH V. COLLIER COUNTY EMS, CASE NO. 2013-
13123 REGARDING AN EMS CALL FROM DECEMBER 2012 -
APPROVE RECOMMENDATION AND ADDRESS ANY THIRD
PARTY LIABILITY — APPROVED
MR. OCHS: Mr. Chairman, that takes us to Item 12.A, which was
previously Item 16.K.2. That's a recommendation to authorize the
County Attorney's Office to file a petition for administrative hearing in
response to the Florida Department of Health's Administrative
Complaint regarding an EMS call from December of 2012.
Commissioner Hiller brought this forward on the agenda.
CHAIRMAN NANCE: I'm going to begin this agenda item --
before I go to Commissioner Hiller, I'm going to go to Mr. Klatzkow
for advice on how to handle this agenda item.
MR. KLATZKOW: I spoke with Commissioner Hiller during
lunch. My understanding is Commissioner Hiller's intention to direct
me to ensure that if there's any third-party liability on this that we bring
that into the suit. And with that direction, I think Commissioner
Hiller's concerns would be completely answered.
CHAIRMAN NANCE: Okay, so you're asking to approve the
item, Commissioner Hiller?
COMMISSIONER HILLER: I am. And with the condition that
we bring in any party that might have liability. For example, the
systems provider. You know, the systems provider has a history of
dropped calls. When the County Manager did the investigation, the
investigation revealed that no signal came through. If no signal came
through, then our staff could not respond. And if they could not
respond, then there's concern for causation.
CHAIRMAN NANCE: All right. What -- Mr. Klatzkow, do you
have any concern about further discussion of this item at this time,
since it seems to be a matter that seems headed for litigation?
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January 13, 2015
MR. KLATZKOW: I would be very concerned with further
discussions.
CHAIRMAN NANCE: Your recommendation to the Board is
what, sir?
MR. KLATZKOW: That you allow me to defend the county on
this.
COMMISSIONER HILLER: But defend the county by bringing
in --
MR. KLATZKOW: Yes, ma'am.
COMMISSIONER HILLER: -- any third-party that may be liable
for having contributed in any way to the situation that took place.
MR. KLATZKOW: Understand this is an administrative hearing,
but we will look at that, yes.
CHAIRMAN NANCE: All right. Do we have any public
speakers, sir?
COMMISSIONER HILLER: May I ask --
MR. MILLER: Yes, sir, we have one registered public speaker.
Charles Minard.
COMMISSIONER HILLER: Let me ask a question. With respect
to that administrative hearing, can you bring in third parties? Can you
name third parties that potentially have liability in this case?
MR. KLATZKOW: We'll certainly --
COMMISSIONER HILLER: I mean, they work for the county,
they were under contract with the county. They provide the megahertz
system that's supposed to provide this signal to alert our staff to be
responsive. So, you know, they are part and parcel of the county.
MR. KLATZKOW: Yes, ma'am, we will do whatever we can.
COMMISSIONER HILLER: Okay.
MR. MILLER: We have one registered speaker, Mr. Chairman.
Charles Minard.
MR. MINARD: I don't think I need to say anything. I think you
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January 13, 2015
guys pretty much answered the questions that I had. Any questions that
I might ask are going to be answered with pending litigation, so it's not
going to help me.
CHAIRMAN NANCE: Mr. Minard, are you waiving, sir?
MR. MINARD: I guess I am at this point.
CHAIRMAN NANCE: Mr. Minard waives.
All right, is there -- taking into account the recommendation of
the county attorney, all those in favor, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIR_MAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: All right, it passes 5-0, unanimously.
MR. OCHS: Mr. Chairman, that takes us to Item 13.A on your
agenda this afternoon. It was previously 16 --
COMMISSIONER HILLER: I just want to qualify that that vote
was with the understanding of bringing any third parties in that were
involved in this situation, like for example the megahertz system
provider.
MR. KLATZKOW: Yes, ma'am.
COMMISSIONER HILLER: Okay, thank you.
Item #13A
TO PROVIDE THE BOARD OF COUNTY COMMISSIONERS
THE CLERK OF THE CIRCUIT COURT'S OFFICE REGARDING
AUDIT REPORT 2014-13 NORTH COLLIER REGIONAL PARK —
CASH HANDLING ISSUED ON JANUARY 7, 2015 - APPROVED
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January 13, 2015
MR. OCHS: Mr. Chairman, Item 13.A was brought forward to
the regular agenda at Commissioner Taylor's request. It's an internal
audit report of cash handling processes at the North Collier Regional
Park.
MS. GAILLARD: For the record, Megan Gaillard from the
Clerk's Office, Internal Auditor.
According to prior guidance from the Board, we placed the audit
on the consent agreement. Our reports, the detailed report includes the
audit findings, recommendations, county management response and
internal audit response to the county management response. And I'm
here to answer any questions you have for the audit content.
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: You audited and there was a
response, but are you -- do you make a value judgment of-- are you
happy? Do you feel confident that the issues that you addressed in the
audit have been addressed as of today?
MS. GAILLARD: We completed multiple site visits and
follow-up actions. Not all of the findings we had have been resolved.
We've worked closely with the department through a series of
meetings to help them improve the internal controls surrounding the
operations.
COMMISSIONER TAYLOR: And can you be very specific
about some of the areas that you have concern about?
MS. GAILLARD: The deposits have been resolved. They've been
following their policies and procedures. One of our concerns is that not
everybody's been properly trained and understand the policies and
procedures for the operations.
One of the issues with the revenue reporting, which was part of
your NASA Holdings agreement issue is, is the department didn't
maintain their Z Tape reports, which is why that became a requirement
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from prior issues at the park for that vendor. So without the vendor
following those things, it causes revenue reconciliations and you can't
determine the right full amounts, which was a prior problem there. So
the control audit hasn't been monitored and overseen properly.
Revenue contract didn't --
MR. WILLIAMS: I'd have to disagree with that. I mean, I
apologize, and certainly I'm -- I don't mean to --
MS. GAILLARD: Oh, no, that's okay.
MR. WILLIAMS: I think the reason why we're here talking about
Mr. Silva is just for that very reason, you know, in terms of the Z
Tapes. So we have been monitoring that, and we have been monitoring
it since last -- just immediately when he started his contract. So I just
wanted to add that, if I could.
MS. KINZEL: I think, Barry, she's referencing the manual cash
registers that were previously used by Parks. But I think you have
committed that those will no longer be used.
MR. WILLIAMS: Those manual cash registers are no longer in
use, that's correct.
COMMISSIONER TAYLOR: That's good.
That's it.
MS. GAILLARD: How much more detailed would you like? We
have a summary.
COMMISSIONER TAYLOR: Yes, yes, and I read it, just the
main ones.
MS. GAILLARD: If you look at the summary page --
COMMISSIONER TAYLOR: Yes.
MS. GAILLARD: -- that we gave you, everything identified with
fiscal year 2014 continued to have problems in our follow-up visit.
COMMISSIONER TAYLOR: All right.
MS. GAILLARD: To be more specific, there were still issues
with oversight and controls for operations. Lack of segregation for
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duties for the cash handling process. The change drawers didn't
balance to the authorized amounts and were off by minuscule amounts.
Cash bags were in the safe unsealed and being held until the end of the
day for deposit, which was a prior issue from theft with the prior parks
manager. Operations were inconsistent within the same location.
Credit card transactions were not being reconciled and properly
completed at the end of the day. And checks that have been received
weren't endorsed and were in the cash drawers.
Cash control logs had not been properly completed. There
remained to be in some areas concerns for lack of an audit trail.
In addition, we found a few items outside of the scope of our
audit that we immediately brought to the department's attention for the
NASA concessionaires agreement, the locker concessionaires
agreement. Lack of controls for inventory. Medical information,
personal information and Social Security numbers had not been
properly secured. Pool entrance bracelets had not been properly
tracked. One-day guest passes were not tracked or secured and were on
the counter.
COMMISSIONER TAYLOR: Thank you. Thank you very much.
So I would like a response.
MR. WILLIAMS: Thank you. And a couple things I want to say,
if I could.
I mean, the first thing is three-and-a-half years ago we had a
major event where we found a gentleman -- and our internal controls at
the time was we have two people count the deposit. That was our
internal controls. One of the two people was told by the supervisor,
you don't have to do that; I'll do it, I'll take care of it. That woman felt
so uncomfortable because that was against the policy. She came to our
staff who came to me and said hey, we've got a problem here.
The next day I investigated that and found that this gentleman
was hiding deposits. And what I did was I called Human Resources, I
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immediately brought him down there, we terminated him that day, and
before he got in the parking garage I called the Sheriffs Office and
reported this theft. The Sheriff investigated.
The next person I called was the Clerk of Court. And so that was
what happened three-and-a-half years ago.
Now, all these things that are being described and the different
audits that have occurred and the different contacts that we've had with
internal audit have been over the course of three-and-a-half years.
Granted, there are some things, when they come back in 2014, that I
could kill staff when they come in and count that change drawer and
it's off a nickel, I could just scream. You know, when we have that
problem after going through all this that we've gone through.
But what I want to tell you is that we have reorganized this
department. Three and a half years ago we made major changes to
reorganize.
We haven't had any external findings at all in the last couple of
years. We've erased those problems from our inventory. We've
strengthened the administrative section of our department. I mean, part
of the issue that we were having, with the recession we lost 55 staff
members, 20 percent of our staff. So we were doing things just to try to
keep the level of service going.
What we've done in the last three-and-a-half years with Mr.
Carnell's assistant, Mr. Ochs, is to strengthen the administrative section
so that we can provide that oversight. And we've done that. We've
outsourced multiple programs.
Again, what we were trying to do is do what we can do best.
We've outsourced tennis, we've outsourced our marina operations,
we've outsourced the NCRP concession which we would intend to
continue to do. So that's helped us. That's helped us be a bit better in
terms of our ability to manage.
We've discontinued retail sales. We had retail sales at Freedom
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Park, at our Wheels Center in Golden Gate City. We had retail sales
that we were providing our fitness center. We got out of that business.
We could not provide the controls for inventory control that internal
audit had recommended and suggested accurately. We could not
provide it, so we discontinued those services.
What we've done over the last three-and-a-half years, I can't tell
you the number of trainings that we've had with our staff We have
multiple trainings. We have trained staff, we have annual trainings on
cash handling, we have annual trainings on PCI compliance, on
computers. We have staff that continue to make mistakes, as people
do. And what we do with that is we discipline them.
We have a very good system right now. One of the issues that we
were experiencing was whether people were making the deposits in a
timely way. I get an email from Crystal whenever that happens. If a
person's a minute late, I get an email. We immediately take action and
find out where that deposit is. And we still have found that there have
been staff errors. And we correct that. We correct that with disciplinary
action.
What I will tell you is that I think we've come a long way. I think
that if you come into our operation today, I have no doubt that Ms.
Gaillard will find problems. I honestly believe that. I think that that's
what the internal audit process is supposed to do, it's supposed to help
us be better.
I can tell you we are better. I can tell you three-and-a-half years
ago we weren't too bad. I mean, we caught this. This was something
that came to our attention. It wasn't that we didn't have internal control
and oversight. The controls that we had helped us to accomplish it.
You know, the question I'm asked often is will this happen again.
And I can't tell you for certain that something doesn't happen. All I can
tell you is that our staff have worked very, very hard and are very
proud of the work that they've done and the accountability that they
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bring to you. I mean, that's important to them that they be seen as
accountable and business oriented and providing a service on your
behalf. And I've got to tell you, I mean, they do a wonderful job for
you.
But I don't know if that answers your question, but I did want you
to know that -- and especially if you're a new commissioner you're
wondering, what is -- what is this? And I get that, I understand that. All
I can tell you is that we're working very hard to correct it and maintain
the integrity in our organization.
COMMISSIONER TAYLOR: And not only that, you know, you
serve the public. And it's not dollar-for-dollar, the public wants to use
these facilities. And a lot of them can't afford -- if there were fees and
we're moving into budget and we just -- it's so important to be
accountable and to keep this kind of activity at a minimum. We're not
perfect, I know that.
But thank you, yes, you responded to my concerns. Thank you.
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: Megan, can I ask you how you
conducted your audit? Did you do sampling?
MS. GAILLARD: We initially went out in 2011 countywide and
reviewed all locations for cash -- a general basic cash review for
impressed funds. Ones that had more issues than less were added to
our queue for future surprise unannounced reviews.
Prior to us coming out, Barry identified the theft and requested
that we come in and do a complete audit. We limited the scope to
North Collier Regional Park. We went through at 100 percent testing.
Because they had had theft and we were trying to identify values,
controls, and there were known issues, so we were on the side of
caution for a complete forensic review.
COMMISSIONER HILLER: And when you did that, you found
nothing material. You found there was no additional theft, there were
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no losses. Do you find any substantive failures? Did you find any
material errors when you were doing that? I mean, you said that, you
know, cash drawers didn't reconcile in de minimus amounts. I mean,
what were the material findings that clearly show that the system of
internal controls was not working?
And my question following that is if three-and-a-half years ago,
you know, this theft took place and staff found the theft -- and I'm not
sure I understand why the Clerk's Office didn't find that theft, and you
can explain that. And I'm not holding you responsible, I just want
explanation so I understand what happened.
Subsequently when you went in to test the system of internal
controls to find out where the weaknesses were, you know, the
recommendations you provided to improve that system was then
subsequently tested now as I understand; is that correct?
MS. GAILLARD: In June of 2014 was our fourth site visit in
some instances.
COMMISSIONER HILLER: And this was to test the improved
system of internal controls that you recommended as a follow-up to the
theft that occurred three-and-a-half years ago?
MS. GAILLARD: Each site visit reviewed the corrective actions
as well as to identify if there was anything else that surrounding that.
When you change something, there's always a ripple effect. So we
made sure that each change was working as it was intended and there
were no unexpected consequences.
COMMISSIONER HILLER: And was that the case?
MS. GAILLARD: Every concern I initially rattled off were found
in June of 2014. Every issue closed I didn't recite to you.
So example, Barry with the deposits, they trained their staff, they
implemented more thorough oversight and they resolved the deposit so
the deposits are and now getting to the bank on time within the
parameters of their policy.
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So that one issue was resolved and the theft issue was rolling of
deposits. There's no way that finance would have any way to find that,
because what led to that was the policies and procedures were good at
the time. There were no problems with them. If the staff followed
those policies and procedures the theft would have been caught
immediately, probably within 24 hours.
MR. WILLIAMS: I have to -- I can't allow that to be --
COMMISSIONER HILLER: No, and I agree with you that you
can't. In fact, the theft wasn't going on at one point in time, it was
going on for a very long period of time.
Go ahead.
MR. WILLIAMS: Well, my only point is that the way this works,
I mean, prior to October, 2011 the way this worked, if there was a late
deposit, finance would contact the person that -- you know, we post the
deposits electronically. That's communicated to finance. Finance
reconciles it once it hits the bank.
And what was happening was that employee -- finance would
communicate to this employee, saying, hey, Greg, where's your
deposit?
Greg would say, I've been working -- you know, I'm going to get
it in.
Well, after we discovered this, the protocol is now that if there's a
deposit that's late, that comes to me and I find out why it's late. And so
there was a system breakdown there. I mean, so --
MS. KINZEL: But Barry, let me be very clear. He was rolling the
deposits. Your own internal policies were that we contact Greg. Our
assumption was that your controls for securing their deposits and
sealing the bags, Greg should have been the point of contact that was
segregated from having access to open cash. That was an operational
issue on the premise.
MR. WILLIAMS: Again --
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January 13, 2015
MS. KINZEL: And so once he's rolling the deposits, we're still
seeing activity. We're still seeing deposits from the bank perspective.
He's keeping the open bags of cash in his office. That's a local on
premise issue. That is very difficult to detect.
MR. WILLIAMS: Again, I would --
COMMISSIONER HILLER: And so my --
MS. KINZEL: But we've gone past the three-and-a-half years.
That was prosecuted, restitutions there. This audit as it's presented to
you today isn't going back to the three-year that occurred. Some of the
outstanding issues that were material were the manual use of cash
registers and not having the tapes, similar to what we've just
discovered with the NASA contractor. There were manual cash
registers being used at Parks and Recreation where also they were not
monitoring the total fees to the manual tapes versus the class system
that was then recording the receipts.
COMMISSIONER HILLER: But Barry, forgive me, didn't you
say you stopped using those registers?
MR. WILLIAMS: We did.
COMMISSIONER HILLER: And didn't you say that when the
contractor was using those registers you highlighted that as an issue
and asked them to stop that?
MR. WILLIAMS: We didn't ask him to stop, we asked him to
prove to us his Z Tape registers and how we got -- how he got the
income that he was providing.
MS. KINZEL: And I believe that was after we identified that the
vendor had a non-contracted entity on premise. And that's what
signaled that he was using other manual facilities outside of the
reporting that you might have been aware of, correct?
MR. WILLIAMS: I can't say that. I think that that was an issue --
that would have been an issue at the mobile drink truck. Certainly the
issue in what we were auditing in March before we authorized the
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mobile drink truck was to look and have that Z Tape.
COMMISSIONER HENNING: Do we really need to beat this
topic up this much?
COMMISSIONER HILLER: You know, I'll say what my
concern is. My concern is that there were clearly weaknesses in the
system of internal controls. It's clearly the Clerk's responsibility, as I
understand, Leo, correct me if I'm mistaken, to define what that system
of internal controls should be. Or is it staffs responsibility to come up
with that? How do you have that set up?
MR. OCHS: Well, we have our own system of internal policies
that are meant to control things like cash handling. The Clerk correctly
comes in under internal audit and audits it to see if we're complying
with our own procedures and also the standards that they use for
internal audit.
COMMISSIONER HILLER: But isn't it the Clerk's responsibility
to identify weaknesses in the internal control system and recommend
improvements to those internal controls --
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: -- based on their testing?
MR. OCHS: I think that's in large measure what this is.
COMMISSIONER HILLER: And isn't it also the external
auditor's responsibility to come in and evaluate the system of internal
controls to determine the extent to which they can rely on that system
to determine to what degree they have to test?
MR. OCHS: That's my understanding, yes. Now, they may have a
different threshold than internal audit, but I don't personally know
exactly --
COMMISSIONER HILLER: So all I want to know generally is
again, and this is my direction -- or not my direction but my question,
is --
COMMISSIONER HENNING: What's the motion?
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COMMISSIONER HILLER: I would like to know whether or not
you evaluated the system, tested the system and --
COMMISSIONER HENNING: I'll make a motion to approve.
COMMISSIONER HILLER: -- came up with recommendations
CHAIRMAN NANCE: Second.
COMMISSIONER HILLER: -- to improve the system of internal
controls where you saw there were material weaknesses. Did you do
that?
MS. GAILLARD: Yes, ma'am, that's --
COMMISSIONER HILLER: And that's what the -- and so were
there material weaknesses that you identified? Not -- you know, doing
100 percent testing and finding certain issues versus whether there is a
systemic material weakness in the system of internal controls is very
different. Like an isolated incident in one control doesn't make for a
total failure of that control.
So my question again is what were, based on what you listed,
material weaknesses in the internal control system that you identified
as part of your follow up? I want to know what was material.
MS. GAILLARD: In the 2014 portion or the --
COMMISSIONER HILLER: In this audit that you're presenting.
In what you are presenting now. What's material?
MS. KINZEL: This audit is cumulative. And the things that are
material I just named. They continue to have open cash bags, which
could be a materiality factor of whatever theft occurs. We did not
encounter a current theft. But the fact that the bags are not being sealed
and sequenced. Some of the attendance criteria, that could be
significant. They have corrected several of the things that we
identified, including the manual cash register use. They've totally
stopped doing that, as been evidenced by Barry, and our follow-up
audits have included that.
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What this was is in course of the several years we've been
working very closely with Parks and Recs staff. That's why it's a very
detailed report.
So yes, whether our minuscule differences in a daily cash -- a
mistake is not the problem. We totally appreciate. The issue is ultimate
control elements. Not securing cash when it's ready to go to the bank
for a deposit. Those are material control issues.
COMMISSIONER HILLER: Of the list that you presented,
where were material weaknesses that you saw significant issues with
respect to?
MS. GAILLARD: One example -- not in totality, this is a 46-page
report, we'll be here 'til tomorrow if I try to go through every material
issue that was found at the time.
COMMISSIONER HILLER: So there were so many material
issues -- in the conclusion of this report there are so many material
issues --
COMMISSIONER HENNING: Can you call the motion?
COMMISSIONER HILLER: No, I want to understand. We're
dealing with cash, the most liquid asset. I want to understand what the
material issues are.
CHAIRMAN NANCE: If there's a question on the report,
Commissioner Hiller, I would recommend that you read the report.
COMMISSIONER HILLER: Well, no, that's not the issue. The
issue is --
CHAIRMAN NANCE: No, that most certainly is the issue.
COMMISSIONER HILLER: -- that they're accusing staff of
having a system of internal controls that is being disregarded to the
point that there are material issues, and staff is denying that.
So I would like to know, I mean, if you're going to -- Leo, do you
agree with what they're saying? Just tell me, either you agree with it or
you don't.
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MR. OCHS: Commissioner, no, it's not a simple yes or no. What
we did was have an opportunity to respond to their findings. Where we
agreed with them we said we agreed. Where we didn't, we said we
didn't agree. Or where we agreed at some level, we provided the
explanation of where we differed in their finding. And that was our
attempt to reconcile the findings and move forward with corrective
action. And that's how we generally try to work these audits.
COMMISSIONER HILLER: I want to know what was deemed
material.
MR. OCHS: I don't know what that definition of materiality is,
that internal audit. I don't even know if they have a standard.
MS. KINZEL: Well, Commissioner, you just stated it.
Controlling the cash because it so liquid. Even not reconciling your
cash drawers regularly daily is a control issue. But Barry has now put
in progressive disciplinary activity, he's shored up those issues.
If you read the report, many, many of the items that we've
identified, they responded, they agree and they've corrected it, and they
identify the corrective action they've taken.
COMMISSIONER HILLER: So those material issues are not
open.
MS. KINZEL: We do not believe they're open at this time, except
for there are some that we still discovered in '14, they're identified as
annual '14, and I believe Barry is going to work on those. And based
on his response to the audit, that would be something he's currently
working on.
COMMISSIONER HILLER: So in conclusion, if I understand
correctly, there are no material weaknesses in controls over cash --
MS. KINZEL: No.
COMMISSIONER HILLER: -- given the current situation with
the county. And that what the county has done is whatever was
identified as creating a potential risk was eliminated by creative action
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on the part of staff; is that correct?
MS. GAILLARD: No, ma'am. We wouldn't know that. We did a
follow-up in June of 2014 and we identified every concern what I
mentioned to you when I read off the list from the report. We didn't
follow up on the 2014 items. We've been following up every six
months and we still have open items. So as our way of trying to have
either you address it and make a decision and direction or them come
up with the corrective actions, they need time to fix it. We've been
following up and these remain open.
COMMISSIONER HILLER: The question is, is what action
should we as a Board take? If you're telling me there are material
weaknesses in the internal control system because staff is ignoring that
system, then we need to address that. If the County Manager is saying
that they have addressed the weaknesses that you've identified and
they've been corrected, then there is no action we need to take.
MS. GAILLARD: Based on the report it's a management decision
for you to decide. As the Clerk's office I cannot make a
recommendation for you as to how you handle it. My
recommendations are in the report. Leo provided his responses, the
County Manager. If you have a problem with his responses as to what
he's planning to implement, it would be your management decision to
resolve that.
CHAIRMAN NANCE: Okay, there's no action item here, I don't
think.
Is there any concern, Commissioner Taylor?
COMMISSIONER TAYLOR: No, I just --
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: No.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: No.
CHAIRMAN NANCE: I have no further concerns, I'm going to
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call the question.
All those in favor of accepting the report, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: Okay, we've beat that into little pieces.
MR. OCHS: Mr. Chairman?
CHAIRMAN NANCE: Mr. Ochs, if you have the further
strength, can we go to the next agenda item.
Item #14B1
THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS (BCC) AS THE COMMUNITY
REDEVELOPMENT AGENCY BOARD (CRAB) ADOPT AN
AUTHORIZE ADVERTISEMENT OF AN ORDINANCE TO-
AMEND AMENDING ORDINANCE NO. 2002-3 8, "THE
COLLIER COUNTY REDEVELOPMENT GRANT PROGRAM
ORDINANCE," IN ORDER TO ADOPT A COMMERCIAL
SWEAT EQUITY GRANT PROGRAM FOR THE IMMOKALEE
COMMUNITY REDEVELOPMENT AREA — APPROVED
MR. OCHS: Absolutely. Commissioner, we have Item 14.B.1
which was previously 16.B.1 on your consent agenda. This was moved
to the regular agenda by Commissioner Taylor. And it's a
recommendation that the Board, seated as the CRA, authorize
advertisement of an ordinance to establish a commercial sweat equity
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grant program for the Immokalee Community Redevelopment Area.
Mr. Chair, I don't -- I'll ask the County Attorney, Jeff, is it
appropriate to go into session as the CRA on this item?
COMMISSIONER HILLER: We don't have anything on --
COMMISSIONER TAYLOR: So there's three items on it.
There's three. But this is the only one I want to pull.
CRA CHAIRWOMAN FIALA: Excuse me, the CRA meeting is
now in order.
COMMISSIONER TAYLOR: And I just needed to understand
how this program works.
House owner A, they want -- they apply, they're approved. Does
-- is it block by block or is it house by house?
MR. MUCKEL: Brad Muckel, Immokalee CRA for the record.
It's actually business by business.
COMMISSIONER TAYLOR: Business by business.
So they can be interspersed throughout the community.
MR. MUCKEL: Yes, ma'am.
COMMISSIONER TAYLOR: Okay.
MR. MUCKEL: The application, I'll bring that to you for
approval.
COMMISSIONER TAYLOR: All right, very good. That's all I
needed to know. Thank you.
CRA CHAIRWOMAN FIALA: Okay, would you like to make a
motion to approve?
COMMISSIONER TAYLOR: I make a motion to approve.
CHAIRMAN NANCE: Second.
CRA CHAIRWOMAN FIALA: Okay, and I've got a second.
Any further discussion, Commissioner Henning?
COMMISSIONER HENNING: You do a great job,
Commissioner.
CRA CHAIRWOMAN FIALA: All in favor, signify by saying
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January 13, 2015
aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HILLER: Aye.
CRA CHAIRWOMAN FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
CRA CHAIRWOMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN NANCE: Passed, and the CRA meeting is closed.
COMMISSIONER TAYLOR: But there's two more items on the
CRA agenda that we didn't pull. Do we have to --
COMMISSIONER FIALA: No, that was --
MR. KLATZKOW: You approved them this morning.
COMMISSIONER TAYLOR: You don't have to. Okay.
MR. OCHS: Separate, not for --
COMMISSIONER TAYLOR: That's good, thank you.
I'm sorry, did you come all the way from Immokalee for this?
MR. MUCKEL: Yes, ma'am.
COMMISSIONER TAYLOR: Oh.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Mr. Chairman, that takes us to Item 15, Staff and
Commission General Communications.
I have nothing today, sir, except for the workshop.
CHAIRMAN NANCE: All right, Mr. Klatzkow, do you have
anything, sir?
MR. KLATZKOW: I do. This has to do with your Regional
Planning Council, if I could find the email that I sent you earlier today.
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The -- you don't have to take action now. Currently Commissioner
Nance and Commissioner Hiller are the Board's representatives on this.
If either Commissioner Hiller or Commissioner Nance no longer wish
to serve, we can get replacements. Your next meeting is Thursday.
You may want me to bring this back on executive summary the
following meeting.
CHAIRMAN NANCE: Yes, why don't we do that. I will
volunteer to continue for day after tomorrow's meeting, if
Commissioner Hiller will.
COMMISSIONER HILLER: I don't see any need. If you're going
to go, then I'm just going to withdraw. Because I don't want to
continue serving on that board.
CHAIRMAN NANCE: Okay, who else would like to participate?
COMMISSIONER FIALA: What is that for, the --
COMMISSIONER HILLER: Regional Planning Council.
CHAIRMAN NANCE: Southwest Florida Regional Planning
Council in Ft. Myers. Or you can attend by phone.
COMMISSIONER FIALA: Geez, oh man, I'm on Marco all day.
CHAIRMAN NANCE: All right. Well, the Board's going to have
to decide what sort of participation we want to have with this, whether
we want to have it or not. Seems that I'm the only one that has any
enthusiasm for it. I mean, I think it does have regional value, but it's
out of town and it requires a once-a-month meeting and a limited
preparation as far as an agenda is concerned. You can either get it
electronically or hard copy. And it's about a two to three-hour meeting
once a month.
COMMISSIONER FIALA: And the Collier representative
chosen by the Governor actually lives in Lee County, so I don't know
that she even --
CHAIRMAN NANCE: Well, we have Mr. Mulhere that's
currently --
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January 13, 2015
COMMISSIONER FIALA: Oh, is he there? Good.
CHAIRMAN NANCE: -- appointed by the Governor and we
have Mr. Reynolds, Allen Reynolds, who's appointed by the Governor.
COMMISSIONER FIALA: Well, then that's good.
CHAIRMAN NANCE: And, you know, most of the people
present are Municipal Government elected officials. They're Mayors,
Councilmen, Commissioners from the six counties involved on up to
Sarasota. So if we're not going to be there, I will tell you, we'll be in
the minority, because almost everyone else has somebody present on a
fairly regular basis. I've been pretty faithful in attendance on that. Not
100 percent, but I bet you I've made 85 percent.
So let's put that on an agenda item going forward and see if we
have anybody that develops any enthusiasm, Mr. Klatzkow.
MR. KLATZKOW: See if you can get two volunteers. Yes, sir.
CHAIRMAN NANCE: Yes, okay.
Staff and Commissioner General Comments continued.
Ms. Kinzel, do you have anything?
MS. KINZEL: No, thank you, Commissioner.
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: Yes, I would like to see if there's
any support for staff to bring back a cost involved with reviewing the
development regulations of our county. I've heard from Mark Strain,
I've heard from more than one that over time it needs a little
housecleaning and that there are conflicting ordinances. And it's an
undertaking but is there any support to do that?
COMMISSIONER HILLER: Do what?
COMMISSIONER TAYLOR: To review and to clean up our
ordinances for development.
COMMISSIONER HILLER: Our land development --
COMMISSIONER TAYLOR: Yes, our Land Development
Code.
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January 13, 2015
COMMISSIONER HILLER: We're already doing that. And we
have a tiered approach. And staff is bringing back, you know, every so
many months, you know, the next, you know, batch of regulations.
And we've already systematically been working on that over the past
few years. So that's already in place.
COMMISSIONER TAYLOR: Okay, because that's not what
Mark told me.
COMMISSIONER HILLER: Well, Mark told you incorrectly,
because they are very -- I mean, we have staff that has been
systematically reviewing their land --
CHAIRMAN NANCE: Isn't there a listing of projects in the
AUIR, Nick?
MR. OCHS: Well, there's listings that the Board previously
approved --
COMMISSIONER HILLER: Yeah.
MR. OCHS: -- late last year as future cycle amendments with
individual projects. Some board directed, others recommended by the
development community or the staff that you --
COMMISSIONER HILLER: Right. And we just went through
the first cycle of code provisions that we just amended.
MR. CASALANGUIDA: For the record --
CHAIRMAN NANCE: Let's recognize Nick.
MR. CASALANGUIDA: Nick Casalanguida, your Growth
Division Administrator. Still fighting a little bit of sickness here.
Two different things, Commissioners: We're not doing a
wholesale review of the LDC, which is what Commissioner Taylor is
talking about. You've given us direction on certain items to bring back
as a prioritized group of lists to adjust.
I think what she's suggesting, I've talked to the Hearing Examiner
as well too in the past, is to go through at some point in time a
cleansing of your Land Development Code. Now that's a very onerous
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task.
COMMISSIONER HENNING: We just did that.
MR. CASALANGUIDA: You did an Administrative Code.
They're talking about a whole rewrite.
COMMISSIONER HENNING: How many years did we spend
on that, Leo?
MR. OCHS: Administrative Code, probably a --
COMMISSIONER HENNING: And a million dollars.
MR. OCHS: -- half dozen years. It took us a long time.
MR. CASALANGUIDA: Well, that's why I say, it's an onerous
task if you want to go through and do that. That is --
COMMISSIONER HILLER: Why not just -- like I said before,
why not add a sunset provision to every single provision in the code
and then make a decision, you know, as they sunset whether we're
going to carry it forward again.
CHAIRMAN NANCE: We're going to need carbide lights on
everybody's head if we're going to do that, because we're going to have
to shut down.
COMMISSIONER HILLER: And if you want to do it wholesale
and if you want to do it fast, let's just, you know --
COMMISSIONER TAYLOR: No, I don't think fast is the
operative word here. But it means to thoroughly go through it and
reconcile what needs to be reconciled.
But again, there's a cost involved. And I'm not suggesting we do it
today, but I would like to explore the cost and maybe ask --
CHAIRMAN NANCE: Commissioner Taylor, I would suggest
this to you, and I think if you would become familiarized with the
working list that we have, perhaps -- did Commissioner Taylor receive
that? I think that was prior to her arrival.
MR. CASALANGUIDA: I think so too, sir.
CHAIRMAN NANCE: I think if you would get enlightened as to
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what projects we have in the till, and perhaps-- I think what occurs is
that we attack these things on an as needed basis. When it becomes
obvious that we have something that's really kind of a problem, that it
kind of sifts itself to the top of the pile and we attack it like that.
Because if we just go through, you know, wholesale and try to
figure out there's no problem with this, no problem with this, no
problem with this, it becomes a tremendously onerous process.
MR. CASALANGUIDA: And Mr. Chairman, I think that's a
good point. Because you're doing your -- right now you're doing your
architectural standards. That in itself has been going on for a year with
the committee. And you're doing your sign standards, that's going on
with a group as well too.
So I think you are attacking it section by section. But to say a
whole revamp from A to Z, you'd be looking at a good three years. I
think it would be good if I spend some time with you and showed you
what we are fixing, even --
COMMISSIONER TAYLOR: Okay.
MR. CASALANGUIDA: -- if we do it with Mark.
COMMISSIONER TAYLOR: All right.
MR. CASALANGUIDA: That way we can kind of walk through
it together.
COMMISSIONER TAYLOR: Okay, thank you.
COMMISSIONER HENNING: It's in your district.
CHAIRMAN NANCE: Commissioner Fiala.
COMMISSIONER FIALA: Yes, I just wanted to comment just a
tiny bit on 17.E. We were talking about bicycle safety and so forth, and
we all voted for that, because we certainly want the bikers to be safe.
But I just -- sometimes we have to also make sure that the bikers
follow the rules as well.
I was -- just a couple days ago I was driving down the road and a
lot of bikers were, you know, the speed bikers. Except the one, he was
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riding in the automobile lane, I was right behind him, there were cars
coming along beside me, so I couldn't pull around him. I was stuck.
The next guy's behind me, next guy's behind me. Some of those guys
over in the whole group were yelling, get over, get over. He wasn't
going anywhere. He was going to ride right in the middle there and
stop all of us. And finally I guess they got him to move over into the
bike lane, but he wasn't real happy about that. But there was no way to
pass him with all the other cars coming along.
So it would be nice if they also abided by the rules of the road.
COMMISSIONER HENNING: They're getting aggressive.
COMMISSIONER FIALA: Yeah.
CHAIRMAN NANCE: Anything else?
COMMISSIONER FIALA: No, that's it. Congratulations on your
first day in.
CHAIRMAN NANCE: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Thanks. There's a
misunderstanding by the County Manager that Golden Gate
Community Center's running a farmers market. I just wanted to
provide him some information on his farmers market, not only at the
Golden Gate Community Center but the Golden Gate Community
Park.
As you can see, there's very little vegetables there. I don't see a
farmer growing those pants. I can't read Spanish, but -- you know, this
is definitely a flea market. In fact, one of the civic members last night
referred to it as a flea market. Although the vendor would like to let
you know that it's a farmers market.
You don't grow these, okay. You don't plant these and they don't
grow to get bigger. It's a flea market, all right.
Now, my concern is that the County Manager is not managing the
people -- put that back, please -- is not managing the vendors or the
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people utilizing the park. Now, I don't know if this person that the
County Manager allowed to do this flea market is allowed to have
off-site signs, but per the Land Development Code it is illegal to have
banners. Okay? It is not allowed. Now, this one's -- look at, this one is
tied up to the electrical signalization of an intersection. It's a big
banner.
Go to the next one.
This one, this flying flag -- and the day before I didn't get a
chance to take a picture of the dancing clown on the sidewalk with the
sign, which the County Manager -- oh, and by the way, did you know
that we hired two more Code Enforcement officers just to deal with
signs? And working on weekends. And yet another division within the
County Manager's domain is allowing things like this.
That's not a directional sign, okay? All those signs are -- is not
stating an event and a time. It is clearly advertising in the right-of-way.
But yet the County Manager's Administration for Parks and Rec is not
managing the people utilizing the parks.
And I want to give direction to the County Manager to enforce
the Board's Laws. Okay, you see those flags up there? That's another
illegal thing. You see where they're tied to? The native vegetation that
was approved by the site plan that your vendor is putting on those
trees. Are you aware of that?
MR. OCHS: No, sir.
COMMISSIONER HENNING: When are you going to provide
me the contract for this person? You have a contract?
CHAIRMAN NANCE: Don't we have a sign agenda item that's
moving forward on these temporary signs? I thought we agreed we
were going to --
MR. OCHS: Yes, sir.
COMMISSIONER HENNING: These are totally, totally illegal.
Now, besides the pollution that this person is putting throughout all the
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community on this event, he's putting illegal signs. I'm not talking
about, you know, let's put it on hold and decide whether we're going to
allow these signs. These are illegal today.
COMMISSIONER FIALA: Does the particular vendor who's
arranging this collect money from each one of these while they're using
our park?
COMMISSIONER HENNING: Yeah, yeah.
COMMISSIONER FIALA: I knew that answer.
COMMISSIONER HENNING: And, you know, we have mom
and pops businesses within our community that sells the same thing.
But yet government is allowing, you know, these street vendors, these
gypsies, to move into the community to take away business.
Where's the contract, Leo?
MR. OCHS: I'll get it for you, sir.
COMMISSIONER HENNING: Can you do something about
this?
MR. OCHS: Yes, sir.
COMMISSIONER HENNING: And will you?
MR. OCHS: Yes, sir.
COMMISSIONER HENNING: It's not up to Nick to enforce this.
It's up to your Administrator to enforce in his --
MR. OCHS: It's up to me. I'll take care of it.
COMMISSIONER HENNING: Okay. I don't want to see this
Friday and Saturday. Understood?
MR. OCHS: I said I'd take care of it, sir.
COMMISSIONER HENNING: Okay.
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: Thank you. Congratulations,
Commissioner Nance, on your first day. Very good job.
How do you like it?
CHAIRMAN NANCE: It's everything I'd hoped it would be,
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ma'am.
COMMISSIONER HILLER: Well, I'm glad you're happy. I'm so
glad you're happy. Your wife better take you out for dinner tonight and
treat you special.
CHAIRMAN NANCE: Maybe she'll take pity on me and I'll get
lucky.
COMMISSIONER HILLER: Well, we're not going to go there.
I'm going to leave it at dinner and be done with that.
Commissioner Fiala, you make a very good point when you bring
up the vulnerable road users and their duties that are equal to the
motorists with respect to observing the law.
And so what I would like to recommend, because one of the
issues is, is education and information dissemination, that we embark
on a public information campaign. Our Sheriff sent us a letter this
morning in support of the ordinance we passed, which is a
groundbreaking ordinance, the first of its kind in the State of Florida,
which is very exciting, and is endorsed by the vast majority of the
community.
But I do think that we need to educate. We need to educate the
pedestrians, we need to educate runners, we need to educate cyclists,
and we need to educate the motorists as to how to share the road, you
know, how to be good neighbors and safe neighbors.
So what I would like to ask is that we support the County
Manager in looking into developing some sort of a public information
campaign on the rules of the road for both motorists and vulnerable
users to make sure that they share appropriately. And if you could
bring back an executive summary with a recommendation for an
information campaign and a budget for that campaign, I think it would
benefit everybody in Collier.
And maybe coordinate with the Sheriffs Office as well. Because
the Sheriffs Office is always involved in informational campaigns on
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various safety issues like, you know, wear your seat belt, don't drink
and drive. And if they could incorporate this initiative in one of their
existing initiatives, if we could piggyback in part or maybe in whole,
that may be a way to get it done.
MR. DURHAM: Ma'am, in a recent Sheriffs publication, I'll
share it with you, they did a really nice front page piece on bike safety
and the obligations of both those in motor vehicles and on vehicles.
Very nicely done.
COMMISSIONER HILLER: Which is great. And we should do
the same thing using our website and using our e-blasts.
And again, if there's any other way we can communicate this
information through public service messaging, it would be great if we
did.
COMMISSIONER FIALA: Who all gets that publication?
COMMISSIONER HILLER: It all depends. I mean, people -- like
in the county it's whoever, for example, registers to receive the E-blasts
that we send out. You know, there are different users. There is also
TV, we have our Collier County TV where we have a great TV staff
that could, you know, interview, for example, the Sheriff on -- or, you
know, a patrol officer on, you know, the rules of the road.
MR. MILLER: In our monthly program we do Collier Highlights.
In both January and November we did interview segments with Stacey
Rivet, who does bicycle safety --
COMMISSIONER HILLER: Super.
MR. MILLER: -- and promoted some websites and some
information.
COMMISSIONER HILLER: And what we need to do is have a
long-term program. This is not just a one-time communication, we
should have a program that extends, you know, for say 12 months and
revisit it at the end of 12 months and decide how to, you know, make it
better or, you know, expand or contract as needed.
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MR. OCHS: So I have Board consensus, I presume, to move out
on this?
COMMISSIONER HILLER: Yes.
MR. OCHS: Thank you.
COMMISSIONER HILLER: Thank you so much.
I hope everyone had a Merry Christmas and a Happy New Year
and everyone's excited by 2015. I think it's going to be a great year,
and I really look forward to all the projects that are going to come
forward. And I look forward to assisting in any way I can. I think it's
going to be fun.
One of my big agendas that I care very much about is let's see if
we can get dogs on one of our beaches. Is there ever a possibility that
that could happen?
CHAIRMAN NANCE: In Collier County, ma'am, I don't know. I
would expect to see pigs fly by in formation before I see that, but
maybe we can find a way.
COMMISSIONER HILLER: We have many serious issues, but
I'll tell you, for whatever reason, that one is near and dear to the hearts
of many, many constituents. And at some point I'd love to see, Steve, if
you could add that to your list of to-dos.
CHAIRMAN NANCE: Maybe part of Commissioner Fiala's pool
can be saltwater and we can --
COMMISSIONER HILLER: In addition to reviewing the system
of internal controls over cash and building a pool for Commissioner
Fiala and a regional park for Commissioner Nance, could you please
add dogs on the beach for me? Just a little wee request.
But anyway, great first meeting, Commissioner Nance.
CHAIRMAN NANCE: Thank you.
I appreciate everybody's confidence. I'm going to do everything I
can to make sure that we have a good year and that we reach consensus
together on doing the right thing for the public. I think it's -- I know
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that many times we'll disagree, but we can disagree without being
disagreeable. And that's very important to me and I think it's very
important to the public and it sends a better message. And I hope we
can do that together.
I hope that this will be a year of solutions. And, you know, I have
a few ideas that I'll be bringing forward to you fairly rapidly to provide
some information to help us with our planning going forward.
And when I say a year of solutions, it's because I feel the pressure
that those of us who pay attention and those of you who have paid
attention for a long time as Commissioners realize that the build-out of
our county and the commitment of our available property is not
unknown at this time. It's increasingly becoming clearer what's going
to be available for development, what's going to be in conservation,
public ownership. And if we are to make some improvements that I
think all of us have come to understand are necessary for us to balance
our economy, which is the way to ensure that our quality of life here
remains vibrant for many, many years to come, we're going to have to
make some hard decisions.
So I hope to be able to be one of the elements of bringing those
things forward and providing some solutions to problems and working
everything out. So thank you very much for your support, and I look
forward to a good year. Thank you.
Anything -- Mr. Ochs?
MR. OCHS: No, sir, just a motion to adjourn would be in order,
sir.
CHAIRMAN NANCE: We'll do that. Is there a motion to
adjourn?
COMMISSIONER FIALA: Motion.
COMMISSIONER TAYLOR: Second.
CHAIRMAN NANCE: And we are adjourned. Thank you.
Page 190
January 13, 2015
*****
**** Commissioner Taylor moved, seconded by Commissioner Fiala
and carried unanimously that the following items under the Consent
and Summary Agendas be approved and/or adopted ****
Item #16A1
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY
FOR VENEZIA AT TREVISO BAY, PL20130000547, AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE UTILITY PERFORMANCE SECURITY (UPS)
AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT
OF $16,579.53 TO THE PROJECT ENGINEER OR THE
DEVELOPER'S DESIGNATED AGENT — FINAL INSPECTION
WAS CONDUCTED BY ENGINEERING STAFF ON AUGUST
12, 2014 AND FOUND IT TO BE SATISFACTORY AND
ACCEPTABLE WITH THE WATER AND SEWER UTILITIES
MAINTAINED BY THE PROPERTY OWNER
Item #16A2
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY
FOR BUCKS RUN RESERVE, PL20110001721, AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE FINAL OBLIGATION BOND IN THE
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE
DEVELOPER'S DESIGNATED AGENT — FINAL INSPECTION
WAS CONDUCTED BY ENGINEERING STAFF ON JULY 11,
2014 AND FOUND IT TO BE SATISFACTORY AND
Page 191
January 13, 2015
ACCEPTABLE WITH THE SEWER UTILITIES MAINTAINED
BY THE PROPERTY OWNER
Item #16A3
FINAL ACCEPTANCE OF THE PRIVATELY OWNED UTILITY
FACILITY FOR SUMMIT PLACE, PHASE II, PL#20130000309,
AND AUTHORIZE THE COUNTY MANAGER, OR HIS
DESIGNEE, TO RELEASE A UTILITY PERFORMANCE
SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE
TOTAL AMOUNT OF $5,800 TO THE PROJECT ENGINEER OR
THE DEVELOPER'S DESIGNATED AGENT — FINAL
INSPECTION WAS CONDUCTED ON SEPTEMBER 23, 2014,
WITH THE OWNER/DEVELOPER RESPONSIBLE FOR
MAINTENANCE
Item #16A4
AN EXTENSION OF ONE YEAR FOR COMPLETION OF
INFRASTRUCTURE IMPROVEMENTS ASSOCIATED WITH
VERCELLI (AR - 9669), ITALIA (AR - 9746), AND LIPARI -
PONZIANE (AR - 10023) ALL WITHIN TREVISO BAY
PURSUANT TO SECTION 10.02.05 C.2 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE — THE EXTENSION
FOR ITALIA AND LIPARI-PONZIANE IS UNTIL NOVEMBER
14, 2016 AND THE EXTENSION FOR VERCELLI IS UNTIL
DECEMBER 12, 2016
Item #16A5
RECORD THE MINOR FINAL PLAT OF MAPLE RIDGE
Page 192
January 13, 2015
ESTATES MODEL LOTS, APPLICATION NUMBER
PL20140001799 — LOCATED IN SECTION 4, TOWNSHIP 48
SOUTH, RANGE 29 EAST
Item #16A6
RECORD THE MINOR FINAL PLAT OF ESPLANADE AT
HACIENDA LAKES AMENITY CENTER, APPLICATION
NUMBER PL20140002352 — LOCATED IN SECTION 23,
TOWNSHIP 50 SOUTH, RANGE 26 EAST
Item #16A7
RECORD THE FINAL PLAT OF RESIDENCES AT MERCATO,
(APPLICATION NUMBER PL20140001634) APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY — WITHHOLD THE
CERTIFICATES OF OCCUPANCY AND DELAY RECORDING
OF THE PLAT UNTIL SUITABLE SECURITY AND THE
CONSTRUCTION AND MAINTENANCE AGREEMENT ARE
APPROVED
Item #16A8
RECORD THE MINOR FINAL PLAT OF HOWELL-ROBERTS
SUBDIVISION, APPLICATION NUMBER PL20140001528 —
LOCATED IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29
EAST
Item #16A9
Page 193
January 13, 2015
RESOLUTION 2015-01 : FINAL APPROVAL OF THE PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE
FINAL PLAT OF CLASSIC PLANTATION ESTATES, PHASE
THREE, APPLICATION NUMBER AR-7433 WITH THE
ROADWAY AND DRAINAGE IMPROVEMENTS BEING
PRIVATELY MAINTAINED AND AUTHORIZING THE
RELEASE OF THE MAINTENANCE SECURITY
Item #16A10
CLERK OF COURTS TO RELEASE A CASH BOND IN THE
AMOUNT OF $19,560 WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR WORK ASSOCIATED
WITH TAMIAMI HYUNDAI, EARLY WORK AUTHORIZATION
(EWA) PL20130001223 — THE GROWTH MANAGEMENT
DIVISION APPROVED THE SITE DEVELOPMENT PLAN ON
SEPTEMBER 10, 2014, NO LONGER REQUIRING THE
SECURITY
Item #16A11
CLERK OF COURTS TO RELEASE A CASH BOND IN THE
AMOUNT OF $16,400 WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR WORK ASSOCIATED
WITH HACIENDA LAKES OF NAPLES PHASE 2, EARLY
WORK AUTHORIZATION (EWA) PL20130002722 — THE
BOARD APPROVED FINAL PLAT AND CONSTRUCTION
PLANS ON SEPTEMBER 9, 2014, NO LONGER REQUIRING
THE SECURITY
Page 194
January 13, 2015
Item #16Al2
CLERK OF COURTS TO RELEASE A CASH BOND IN THE
AMOUNT OF $69,000 WHICH WAS POSTED AS A GUARANTY
FOR EXCAVATION PERMIT NUMBER 60.082,
(PL20130000589) FOR WORK ASSOCIATED WITH HACIENDA
LAKES OF NAPLES, PHASE 2 — THE WORK HAS BEEN
INSPECTED AND THE DEVELOPER HAS FULFILLED HIS
COMMITMENTS ASSOCIATED WITH THIS SECURITY
Item #16A13
EASEMENT AGREEMENT FOR THE PURCHASE OF A ROAD
RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
(PARCEL 145RDUE2), REQUIRED FOR THE EXPANSION OF
GOLDEN GATE BOULEVARD FROM EAST OF WILSON
BOULEVARD TO 20TH STREET EAST (PROJECT NO. 60040.)
ESTIMATED FISCAL IMPACT: $2,227 — FOLIO #37282760005
Item #16A14
RESOLUTION 2015-02: A RESOLUTION ADOPTING THE
GROWTH MANAGEMENT DIVISION TITLE VI PROGRAM IN
ACCORDANCE WITH THE REQUIREMENTS SET FORTH IN
TITLE 49 CODE OF FEDERAL REGULATIONS PART 21 FOR
COMPLIANCE WITH ONGOING RECEIPTS OF FEDERAL
DEPARTMENT OF TRANSPORTATION GRANT FUNDING
Item #16A15
AWARD CONTRACT NO. 14-6319 FOR VERIFICATION
Page 195
January 13, 2015
TESTING SERVICES FOR COLLIER BOULEVARD & GREEN
BOULEVARD TO ALLIED ENGINEERING & TESTING, NOW
KNOWN AS GFA INTERNATIONAL, INC. (PROJECT #68056)
(FISCAL IMPACT $350,000) — THIS PROCESS COMPARES
TEST DATA AND CONFIRMS COMPLIANCE WITH
CONTRACT REQUIREMENTS
Item #16A16
COUNTY ATTORNEY TO ADVERTISE AND BRING BACK
FOR A PUBLIC HEARING AN ORDINANCE DISSOLVING THE
PARKLANDS COLLIER COMMUNITY DEVELOPMENT
DISTRICT
Item #16A17
AWARD ITB NO. 14-6346, TRAFFIC OPERATIONS SIGNAL
COMPONENTS, TO THE FOLLOWING VENDORS: MULTICOM
INC., TRANSPORTATION CONTROL SYSTEMS, PEEK
TRAFFIC CORPORATION, EXPRESS SUPPLY, TEMPLE INC.,
TRAFFIC SIGNAL INC. - FOR THE INSTALLATION AND
MAINTENANCE OF TRAFFIC CONTROL DEVICES
Item #16A18
UPDATE THE ESTIMATED ANNUAL EXPENDITURE FOR
CONTRACT NO. 14-6229, "INSTALLATION AND
MAINTENANCE OF TRAFFIC SIGNALS AND ROADWAY
LIGHTING," TO INCLUDE WORK FOR THE EMERGENCY
VEHICLE SIGNAL PRIORITY SYSTEM, WITHIN THE
APPROVED FISCAL YEAR BUDGET — ADDITIONAL FUNDS
Page 196
January 13, 2015
OF $400,000 ARE AVAILABLE IN THE INTERSECTION
SAFETY AND CAPACITY FUND NO. 60016
Item #16A19 — Continued to the January 27, 2015 BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO APPROVE THE TERMINATION OF A
2005 DEVELOPER AGREEMENT BETWEEN COLLIER
COUNTY AND NAPLES SYNDICATIONS, LLLP AND
APPROVE A REPLACEMENT DEVELOPER AGREEMENT
BETWEEN THE COUNTY AND THE NEW DEVELOPER, ARGO
WARM SPRINGS LLC, TO AMONG OTHER THINGS DESIGN,
PERMIT AND CONSTRUCT OF A PORTION OF WOODCREST
DRIVE
Item #16A20
THE LOWEST BID ITEM PRICES, WHICH HAVE BEEN
DETERMINED TO BE REASONABLE BY THE COUNTY,
FOR THE DEVELOPER TO FUND, DESIGN, PERMIT AND
CONSTRUCT A PORTION OF RATTLESNAKE HAMMOCK
ROAD EAST OF COLLIER BOULEVARD IN A MANNER
CONSISTENT WITH THE DEVELOPER AGREEMENT
BETWEEN HACIENDA LAKES OF NAPLES, LLC
(DEVELOPER) AND COLLIER COUNTY (COUNTY) —
BETWEEN THE ROAD LEADING INTO THE SWAMP BUGGY
PROPERTY AND THE PROPOSED BENFIELD ROAD
Item #16A21
THIS ITEM CONTINUED FROM THE DECEMBER 9, 2014 BCC
Page 197
January 13, 2015
MEETING. THE AMENDED AND RESTATED INTERLOCAL
AGREEMENT FOR CREATION OF THE COLLIER
METROPOLITAN PLANNING ORGANIZATION (MPO)
Item #16A22
CHAIRMAN TO EXECUTE FDEP AGREEMENT #14C01 FOR
COST SHARE FUNDING WITH THE FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION - DIVISION OF WATER
RESOURCES BEACH MANAGEMENT FUNDING ASSISTANCE
PROGRAM FOR THE FY 2013 COLLIER COUNTY BEACH
NOURISHMENT PROJECT AND MAKE A FINDING THAT
THIS ITEM PROMOTES TOURISM — FOR THE
RENOURISHMENT OF VANDERBILT, PARK SHORE AND
NAPLES BEACHES
Item #16A23
EASEMENT AGREEMENT FOR THE PURCHASE OF A ROAD
RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
(PARCEL 206RDUE) REQUIRED FOR THE EXPANSION OF
GOLDEN GATE BOULEVARD FROM EAST OF WILSON
BOULEVARD TO 20TH STREET EAST (PROJECT NO. 60040)
(FISCAL IMPACT: APPROXIMATELY $78,727) — FOLIO
39203960002
Item #16A24
RESOLUTION 2015-03: POST PROJECT MAINTENANCE
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT), FOR THE MAINTENANCE OF
Page 198
January 13, 2015
THE INTERSECTION IMPROVEMENTS ON PINE RIDGE
ROAD AT US 41, UPON COMPLETION OF THE FDOT
INTERSECTION IMPROVEMENTS PROJECT, FINANCIAL
PROJECT NO. 435393-132/52/62-01, AND A RESOLUTION
AUTHORIZING THE CHAIRMAN TO SIGN THE AGREEMENT
Item #16A25
RESOLUTION 2015-04: DECLARING A PUBLIC HEARING ON
FEBRUARY 10, 2015 TO CONSIDER VACATING A PORTION
OF VETERANS MEMORIAL BOULEVARD RIGHT-OF-WAY
DESCRIBED IN OFFICIAL RECORD BOOK 4829, PAGES 355
THROUGH 357 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, LOCATED IN SECTION 7, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
(VAC-PL20140002499)
Item #16A26
PETITION VAC-PL20140001157, TO QUITCLAIM AND
RELEASE THE COUNTY'S INTEREST IN THE 30-FOOT STRIP
OF LAND DESCRIBED AS AN EASEMENT FOR PUBLIC
RIGHT-OF-WAY AS RECORDED IN OFFICIAL RECORD
BOOK 160, PAGE 197 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, LOCATED IN SECTION 25, TOWNSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
BEING MORE SPECIFICALLY SHOWN IN EXHIBIT A -
PARCEL ID #00190640008
Item #16A27
Page 199
January 13, 2015
STANDARD ZERO-DOLLAR CONSTRUCTION AGREEMENT
WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION (HEREINAFTER "FDOT") PERTAINING
TO THE CONSTRUCTION OF A TRAFFIC SIGNAL AT THE
INTERSECTION OF SR 951 AND FIDDLERS CREEK
PARKWAY, WHICH FDOT SLIGHTLY MODIFIED AFTER
BOARD APPROVAL TO REFERENCE THE FINAL CONTRACT
CONSTRUCTION PLANS AS ATTACHED TO AND
INCORPORATED AS PART OF THE AGREEMENT
Item #16B1 — Moved to Item #14B1 (Per Commissioner Taylor
During Agenda Changes) &
— Language Corrected (Per Agenda Change Sheet)
Item #16B2
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
(BCC) AS THE COMMUNITY REDEVELOPMENT AGENCY
BOARD (CRAB) APPROVE AND AWARD RFP #14-6237 FOR
CONSTRUCTION ENGINEERING INSPECTION (CEI)
SERVICES TO AMEC ENVIRONMENTAL &
INFRASTRUCTURE, INC. FOR THE IMMOKALEE
STORMWATER IMPROVEMENTS — PHASE II (IMMOKALEE
DRIVE) PROJECT AND AUTHORIZE THE BOARD CHAIR TO
EXECUTE THE AGREEMENT
Item #16B3
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
(BCC) AS THE COMMUNITY REDEVELOPMENT AGENCY
BOARD (CRAB) APPROVE AND AWARD RFP #14-6252 FOR
Page 200
January 13, 2015
CONSTRUCTION ENGINEERING INSPECTION (CEI)
SERVICES TO AMEC ENVIRONMENTAL &
INFRASTRUCTURE, INC. FOR THE COLORADO AVENUE
IMPROVEMENTS PROJECT AND AUTHORIZE THE BOARD
CHAIR TO EXECUTE THE AGREEMENT
Item #16C1
A $646,100 WORK ORDER TO DOUGLAS N. HIGGINS, INC.,
UNDER REQUEST FOR QUOTATION NUMBER #14-6213-10
TO INSTALL FOUR WASTEWATER FORCE MAINS NEAR
THE IMMOKALEE ROAD/COLLIER BOULEVARD
INTERSECTION, FORCE MAIN TECHNICAL SUPPORT
PROJECT NUMBER 70044 — THE IMPROVEMENTS ARE
SCHEDULED TO START MAY 2015 AND INCLUDE AN
IRRIGATION QUALITY WATER MAIN AND A POTABLE
WATER MAIN
Item #16C2
CHANGE ORDER TO INCREASE THE ANNUAL ESTIMATED
NOT TO EXCEED AMOUNT FOR CONTRACT NUMBER 11-
5698 WITH N. HARRIS COMPUTER CORPORATION BY
$104,000 FOR MAINTENANCE, HOSTED CREDIT CARD
PAYMENT PROCESSING AND TECHNICAL SERVICES DUE
TO AN INCREASING VOLUME OF PAYMENTS VIA THE WEB
AND TELEPHONE, AND FOR PROGRAMMING SERVICES TO
DEVELOP CRITICAL INTERFACES WITH CITY WORKS
SOFTWARE TO SUPPORT FULL-SCALE IMPLEMENTATION
PROJECT NUMBER 2 WITHIN THE ASSET MANAGEMENT
Page 201
January 13, 2015
PROJECT — DUE TO THE INTEGRATION OF CITY WORKS
ASSET MANAGEMENT WORK ORDER SYSTEM
Item #16C3
AWARD BID NO. 14-6327, "ELEVATOR AND STAIRS FOR THE
SOUTH COUNTY WATER RECLAMATION FACILITY," TO
HEATHERWOOD CONSTRUCTION COMPANY, IN THE
AMOUNT OF $495,623 FOR PROJECT NO. 73969, SOUTH
COUNTY WATER RECLAMATION FACILITY TECHNICAL
SUPPORT FOR ADA, FIRE AND BUILDING CODE
COMPLIANCE AND SAFETY ENHANCEMENTS
Item #16C4
AWARD CONTRACT #14-6353, FINANCIAL CONSULTING
SERVICES, TO PUBLIC RESOURCES MANAGEMENT GROUP,
INC., AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE
ATTACHED CONTRACT — TO PERFORM USER RATE
STUDIES, IMPACT FEE RATE STUDIES AND OTHER TYPES
OF FINANCIAL ANALYSES
Item #16C5
AWARD BID #14-6262, "COLLECTION AND RECYCLING OF
LATEX PAINT," TO SCOTT PAINT COMPANY, INC., AS THE
PRIMARY VENDOR, AND TO CLARK ENVIRONMENTAL,
INC., AS THE SECONDARY VENDOR — A TWO YEAR
CONTRACT FOR RECYCLING LATEX PAINT AND PAINT
CONTAINERS; IN 2014 APPROXIMATELY 382,000 POUNDS
OF LATEX PAINT AND CONTAINERS WERE RECYCLED
Page 202
January 13, 2015
Item #16C6
SELECTION COMMITTEE RANKINGS AND TO ENTER INTO
CONTRACT NEGOTIATIONS WITH CDM SMITH, INC., FOR
REQUEST FOR PROPOSAL NO. 14-6287, DESIGN AND
RELATED SERVICES FOR DEEP INJECTION WELLS
(PROJECT NUMBER 70104) — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16C7
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
WORK ORDER/CHANGE ORDER IN THE AMOUNT OF
$142,128 RELATED TO THE UTILITY WORK BY HIGHWAY
CONTRACTOR AGREEMENT (UWHCA) BETWEEN THE FDOT
AND THE COLLIER COUNTY WATER-SEWER DISTRICT
(CCWSD) FOR THE RELOCATION OF CCWSD UTILITIES
ALONG U.S. 41 BETWEEN COUNTY ROAD 951 AND
GREENWAY ROAD (PROJECT #70045) — FOR THE GROUTING
AND ABANDONMENT OF AN UNFORESEEN ABANDONED
9,400 FOOT EIGHT-INCH WATER MAIN WITHIN THE
PROJECT LIMITS
Item #16D1
RELEASE OF LIEN FOR PAYMENT OF A COUNTYWIDE
IMPACT FEE DEFERRAL AGREEMENT OBLIGATION — FOR
PROPERTY LOCATED AT 4420 BOTANICAL PLACE, UNIT
103, NAPLES
Page 203
January 13, 2015
Item #16D2
THE FY 14-15 FLORIDA COMMISSION FOR THE
TRANSPORTATION DISADVANTAGED SHIRLEY CONROY
RURAL AREA CAPITAL ASSISTANCE PROGRAM GRANT
AWARD IN THE AMOUNT OF $58,298, WHICH INCLUDES A
LOCAL MATCH OF $5,830 AND AUTHORIZE THE
NECESSARY BUDGET AMENDMENTS AND APPROVE THE
PURCHASE OF ONE PARATRANSIT VEHICLE UTILIZING
THOSE FUNDS
Item #16D3
AWARD INVITATION TO BID #15-6373 SENIOR FOOD
PROGRAM TO G.A. FOODS SERVICE INC. AND AUTHORIZE
THE CHAIRMAN TO EXECUTE A COUNTY ATTORNEY
APPROVED CONTRACT — TO AVOID A LAPSE IN SERVICE
TO OVER 200 SENIORS AT CONGREGATE MEAL SITES AND
100 HOMEBOUND SENIORS
Item #16D4
RELEASE OF LIEN FOR REPAYMENT OF AN OBLIGATION
UNDER A COUNTYWIDE IMPACT FEE DEFERRAL
AGREEMENT — LOCATED AT 9059 GERVAIS CIRCLE #1306,
NAPLES
Item #16D5 — Moved to Item #11D (Per Agenda Change Sheet)
Item #16D6 — Moved to Item #11F (Per Commissioner Taylor
During Agenda Changes)
Page 204
January 13, 2015
Item #16D7
AWARD INVITATION TO BID NO. 15-6386 FOR FITNESS
EQUIPMENT FOR EAGLE LAKES PARK TO COMMERCIAL
FITNESS PRODUCTS, INC. — FOR THE NEWLY
CONSTRUCTED FITNESS CENTER
Item #16D8
TWO STATE HOUSING INITIATIVES PARTNERSHIP
PROGRAM RELEASES OF LIEN IN THE AMOUNT OF
$17,685.96 FOR OWNER OCCUPIED AFFORDABLE HOUSING
DWELLING UNITS WHERE THE OBLIGATION HAS BEEN
REPAID IN FULL — LOCATED AT 1159 SERENITY WAY,
IMMOKALEE AND AT 5374 SHOLTZ STREET, NAPLES
Item #16D9
MODIFICATIONS TO TWO SUBGRANT AGREEMENTS WITH
THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY
THAT EXTEND THE PROJECT COMPLETION DATE TO JUNE
30, 2015 FOR THE HATCHER'S PRESERVE PROJECT FUNDED
WITH DISASTER RECOVERY GRANT - ALLOWING FOR
ADDITIONAL TIME TO COMPLETE THE PROJECTS DELAYS
IN OBTAINING THE ENVIRONMENTAL APPROVAL
Item #16D10
COUNTY ATTORNEY TO ADVERTISE AND BRING BACK
FOR A PUBLIC HEARING, AN ORDINANCE AMENDING THE
Page 205
January 13, 2015
CONSERVATION COLLIER ORDINANCE, TO REDUCE THE
NUMBER OF MEMBERS ON THE ADVISORY COMMITTEE
FROM NINE TO SEVEN AND THE QUORUM REQUIREMENTS
FROM FIVE TO FOUR MEMBERS WHEN NOT IN AN ACTIVE
ACQUISITION PHASE
Item #16D11
EIGHT MORTGAGE SATISFACTIONS FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN
THE COMBINED AMOUNT OF $98, 140 — FOR THE
FOLLOWING: RESENDIZ, 1159 SERENITY WAY,
IMMOKALEE; BRUNO, 7940 PRESERVE CIRCLE #928,
NAPLES; WARREN, 804 PALM RIDGE DR., IMMOKALEE;
ESPINOSA, 3530 22ND AVE NE, NAPLES; SILVA, 4744
GEMMER LANE, IMMOKALEE; WALKER, 1225 RESERVE
WAY #201, NAPLES; VILLANUEVA, 1601 8TH AVE.,
IMMOKALEE AND AUGUSTIN, 5374 SHOLTZ STREET,
NAPLES
Item #16D12
RESOLUTION 2015-05: A RESOLUTION AUTHORIZING THE
SUBMITTAL OF A REVISED FEDERAL TRANSIT
ADMINISTRATION SECTION 5339 FY2013/2014 GRANT
APPLICATION AND APPLICABLE DOCUMENTS AND
SUBMIT THEM TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION
Item #16D13
Page 206
January 13, 2015
RESOLUTION 2015-06 (5310 GRANT), RESOLUTION 2015-07
(5339 GRANT), RESOLUTION 2015-08 (5311 GRANT):
AUTHORIZING THE SUBMITTAL OF THE FEDERAL TRANSIT
ADMINISTRATION SECTION 5310, 5311 & 5339 FY2015/2016
GRANT APPLICATIONS AND APPLICABLE DOCUMENTS
AND SUBMIT THEM TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)
Item #16D14
AMENDMENT NUMBER 4 TO THE AGREEMENT WITH THE
DAVID LAWRENCE MENTAL HEALTH CENTER, INC. FOR
MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES TO
CONFORM WITH THE MOST RECENTLY APPROVED
AHCA/LOW INCOME POOL PROGRAM — SUPPORTING THE
THREE PROGRAM AREAS OF ADULT MENTAL HEALTH,
ADULT SUBSTANCE ABUSE AND CHILDREN'S MENTAL
HEALTH
Item #16D15
A BUDGET AMENDMENT RECOGNIZING $62,000 APPROVED
FOR REIMBURSEMENT FROM THE GAC LAND TRUST FUND
FOR PURCHASE OF FITNESS AND RECREATIONAL
EQUIPMENT FOR THE LOUISE HASSE COMMUNITY
CENTER
Item #16D16
PURCHASE OF ATHLETIC FIELD MARKING PAINT FROM
FLORIDA TRANSCOR, INC., UNDER COLLIER COUNTY
Page 207
January 13, 2015
CONTRACT NO. 14-6222 — A ONE-TIME PURCHASE AT
REDUCED PRICES OF 66 BUCKETS OF WHITE, 9 BUCKETS
OF BLUE AND 5 BUCKETS OF YELLOW FOR FUTURE PARKS
AND RECREATION EVENTS
Item #16D17 — Moved to Item #11C (Per Agenda Change Sheet)
Item #16E1
RE-APPROPRIATING $150,000 PREVIOUSLY APPROVED IN
FISCAL YEAR 2014, FROM THE GAC LAND TRUST, TO
ASSIST THE GOLDEN GATE FIRE CONTROL & RESCUE
DISTRICT TO EQUIP PREVIOUSLY ACQUIRED VEHICLES
WITH FIREFIGHTING APPARATUS — SERVING THE GOLDEN
GATE ESTATES AREA
Item #16E2
AFTER-THE-FACT APPROVAL OF THE ASSISTANCE TO
FIREFIGHTERS GRANT APPLICATION THAT WAS
ELECTRONICALLY SUBMITTED TO THE FEDERAL
EMERGENCY MANAGEMENT AGENCY FOR THE PURCHASE
OF 88 MOBILE RADIOS AND 100 PORTABLE RADIOS IN THE
AMOUNT OF $717,374 ($652,159 GRANT AND $65,215
COUNTY MATCH) — REPLACING OLD AND OBSOLETE
RADIO EQUIPMENT; BRINGING COMMUNICATIONS INTO
COMPLIANCE WITH NEW FCC REGULATIONS
Item #16E3
ASSUMPTION AGREEMENT WITH IDSS GLOBAL LLC, AS IT
Page 208
January 13, 2015
RELATES TO CONTRACT #12-5939 WEB BASED
DESTINATION MANAGEMENT SYSTEM TO PROVIDE THE
TOURISM DEPARTMENT WITH A COMPREHENSIVE SUITE
OF DIGITAL MARKETING PRODUCTS AND SERVICES —
STAFF WAS NOTIFIED OF THE PURCHASE AND NAME
CHANGE ON NOVEMBER 1, 2014
Item #16E4
AFTER-THE-FACT ELECTRONIC SUBMITTAL OF A
FEDERAL EMERGENCY MANAGEMENT AGENCY
ASSISTANCE TO FIREFIGHTER'S GRANT APPLICATION IN
THE AMOUNT OF $38,501 ($36,668 GRANT AND $1,833
MATCH) FOR THE PURCHASE OF A VEHICLE EXHAUST
EXTRACTION SYSTEM FOR THE OCHOPEE FIRE CONTROL
DISTRICT — ENHANCING THE SAFETY AND WELL BEING OF
PERSONNEL THAT ARE HOUSED AROUND THE CLOCK AT
THE STATION IN EVERGLADES CITY
Item #16E5
AFTER-THE-FACT ELECTRONIC SUBMITTAL OF A
FEDERAL EMERGENCY MANAGEMENT AGENCY
ASSISTANCE TO FIREFIGHTER'S GRANT IN THE AMOUNT
OF $41,006 ($39,054 GRANT AND $1,952 MATCH) FOR THE
PURCHASE OF A VEHICLE EXHAUST EXTRACTION
SYSTEM FOR THE ISLE OF CAPRI FIRE DISTRICT —
ENHANCING THE SAFETY AND WELL BEING OF
PERSONNEL THAT ARE HOUSED AROUND THE CLOCK AT
THE STATION
Page 209
January 13, 2015
Item #16E6
CHAIRMAN TO SIGN THE ASSUMPTION AGREEMENT WITH
TETRA TECH, INC. AS IT RELATES TO CONTRACT #14-6188
FOR FEDERAL EMERGENCY MANAGEMENT AGENCY
(FEMA) ACCEPTABLE MONITORING FOR DISASTER
GENERATED DEBRIS — STAFF WAS NOTIFIED OF THE
PURCHASE AND SUBSEQUENT NAME CHANGE ON
AUGUST 18, 2014
Item #16E7
ASSUMPTION AGREEMENT WITH HAWKINS, INC.
(REGISTERED IN FLORIDA AS HAWKINS WATER
TREATMENT GROUP, INC.) D/B/A THE DUMONT COMPANY
AS IT RELATES TO CONTRACT 12-5845/12-5845R TO
PROVIDE COUNTYWIDE CHEMICALS FOR USE BY THE
PUBLIC UTILITIES DIVISION TO ENSURE FULLY
COMPLIANT WATER, WASTEWATER, AND IRRIGATION
QUALITY WATER SERVICES — STAFF WAS NOTIFIED OF
THE PURCHASE AND NAME CHANGE ON OCTOBER 9, 2014
Item #16E8
ACCEPT REPORTS AND RATIFY STAFF APPROVED CHANGE
ORDERS AND CHANGES TO WORK ORDERS — FOR THE
PERIOD OF NOVEMBER 18, 2014 TO DECEMBER 16, 2014
Item #16E9 — Moved to Item #11E (Per Agenda Change Sheet)
Item #16F1
Page 210
January 13, 2015
A REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO
AND INCLUDING $25,000 AND $50,000, RESPECTIVELY —
FROM THE MSTD ROAD AND BRIDGE FUND NO. 112 THAT
WILL BE USED TO REPLACE PLANT MATERIAL THAT
WERE DAMAGED BY TRAFFIC ACCIDENTS
Item #16F2
RESOLUTION 2015-09: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2014-15 ADOPTED BUDGET
Item #16F3
TOURISM DEPARTMENT'S APPLICATION FOR A VISIT
FLORIDA GRANT TO SUPPORT FUTURE MARKETING FOR
MEDICAL MEETINGS IN THE TOTAL AMOUNT OF $40,000
AND AUTHORIZE THE COUNTY MANAGER OR HIS
DESIGNEE TO EXECUTE THE APPLICATION AND MAKE A
FINDING THAT THIS ITEM PROMOTES TOURISM -
OFFSETTING THE COST TO MEETING ATTENDEES FOR
THEIR TRANSPORTATION, FOOD AND BEVERAGE COSTS
ASSOCIATED WITH THESE MEETINGS
Item #16G1
EXECUTE A COLLIER COUNTY AIRPORT AUTHORITY
STANDARD FORM LEASE WITH THE FLORIDA
Page 211
January 13, 2015
DEPARTMENT OF MILITARY AFFAIRS AT THE IMMOKALEE
AIRPORT — WITH THE LEASE EXPIRING ON OCTOBER 31,
2015 AND MAY BE RENEWED FOR FOUR ADDITIONAL ONE
YEAR TERMS
Item #16G2
EXECUTE A COLLIER COUNTY AIRPORT AUTHORITY
STANDARD FORM LEASE WITH FOGARTY FLYING
SERVICES AT THE MARCO ISLAND EXECUTIVE AIRPORT —
THE TENANT HAS REQUESTED TO RELOCATE TO A
LARGER OFFICE THAT HAS BECOME AVAILABLE
Item #16G3
EXECUTE A COMMERCIAL AVIATION OPERATIONS
LICENSE AGREEMENT BETWEEN THE COLLIER COUNTY
AIRPORT AUTHORITY AND CAREER FLIGHT TRAINING
AND AIRCRAFT RENTAL, INC., AT THE MARCO ISLAND
EXECUTIVE AIRPORT — PROVIDING FLIGHT INSTRUCTION,
AIRCRAFT RENTAL AND AERIAL SIGHTSEEING TOURS
Item #16G4
EXECUTE A FIRST AMENDMENT TO T-HANGAR LEASE
AGREEMENT WITH MARVIN COURTRIGHT AND TO
APPROVE AND EXECUTE A FIRST AMENDMENT TO
COMMERCIAL AVIATION OPERATIONS LICENSE
AGREEMENT WITH MARVIN COURTRIGHT D/B/A
HUMMINGBIRD FLIGHT SERVICE LLC AT THE IMMOKALEE
AIRPORT — PROVIDING GROUND INSTRUCTION, FLIGHT
Page 212
January 13, 2015
INSTRUCTION, AIRCRAFT RENTAL, AERIAL SIGHT SEEING,
BI-ANNUAL FLIGHT REVIEWS AND LIGHT SPORT PLANE
PILOT CERTIFICATION
Item #16G5
EXECUTE A COLLIER COUNTY AIRPORT AUTHORITY
STANDARD FORM LEASE WITH PHELPS COLLINS
AVIATION, INC. D/B/A AVIATION NORTH AT THE MARCO
ISLAND EXECUTIVE AIRPORT — PROVIDING COMMERCIAL
CHARTER FLIGHTS
Item #16G6
AA RESOLUTION 2015-10: A RESOLUTION APPROVING THE
PROPOSED RATE SCHEDULES FOR THE EVERGLADES
AIRPARK, IMMOKALEE REGIONAL AIRPORT AND MARCO
ISLAND EXECUTIVE AIRPORT FOR 2015
Item #16H1
RESOLUTION 2015-11 : REAPPOINTING MEMBERS TO THE
GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD —
RE-APPOINTING MARGARET "PEGGY" HARRIS AND
DARRIN S. BROOKS AS RESIDENTS WITHIN THE MSTU,
WITH BOTH TERMS EXPIRING ON DECEMBER 31, 2017
Item #16H2
RESOLUTION 2015-12: APPOINT A MEMBER TO THE ISLES
OF CAPRI FIRE CONTROL DISTRICT ADVISORY
Page 213
January 13, 2015
COMMITTEE — APPOINTING DAN HERRINGTON FILLING A
VACANT TERM EXPIRING ON DECEMBER 31, 2015
Item #16H3
RESOLUTION 2015-13 : APPOINT ONE MEMBER TO THE
COLLIER COUNTY PUBLIC SAFETY AUTHORITY —
APPOINTING LAVIGNE ANN KIRKPATRICK AS THE CITIZEN
MEMBER WITH TERM EXPIRING ON DECEMBER 31, 2018
Item #16H4
COMMISSIONER FIALA REQUESTS REIMBURSEMENT FOR
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE EAST NAPLES CIVIC
ASSOCIATION LUNCHEON ON DECEMBER 18, 2014. THE
SUM OF $18 TO BE PAID FROM COMMISSIONER FIALA'S
TRAVEL BUDGET — HELD AT HAMILTON HARBOR YACHT
CLUB, 7065 HAMILTON AVE., NAPLES
Item #16J1
DISBURSEMENTS FOR THE PERIOD OF DECEMBER 4, 2014
THROUGH DECEMBER 10, 2014
Item #16J2
DISBURSEMENTS FOR THE PERIOD OF DECEMBER 11, 2014
THROUGH DECEMBER 17, 2014
Item #16J3
Page 214
January 13, 2015
DISBURSEMENTS FOR THE PERIOD OF DECEMBER 18, 2014
THROUGH DECEMBER 23, 2014
Item #16J4
DISBURSEMENTS FOR THE PERIOD OF DECEMBER 24, 2014
THROUGH DECEMBER 31, 2014
Item #16J5
DISBURSEMENTS FOR THE PERIOD OF JANUARY 1, 2015
THROUGH JANUARY 7, 2015
Item #16J6 — Moved to Item #13A (Per Agenda Change Sheet)
Item #16K1
RETENTION AGREEMENT FOR LEGAL SERVICES WITH
MCLAUGHLIN & STERN, LLP — FOR THEIR KNOWLEDGE
AND EXPERTISE CONCERNING THE PROCUREMENT OF
BIOREACTOR AND SOLID WASTE CONSTRUCTION
PROJECTS
Item #16K2 — Moved to Item #12A (Per Commissioner Hiller During
Agenda Changes)
Item #16K3 — Language Added (Per Agenda Change Sheet)
COUNTY ATTORNEY TO ADVERTISE AND BRING BACK TO
THE BOARD OF COUNTY COMMISSIONERS FOR FUTURE
Page 215
January 13, 2015
CONSIDERATION AN AMENDMENT TO THE COLLIER
COUNTY LITTER, WEED, AND EXOTICS CONTROL
ORDINANCE (ORDINANCE NO. 2005-44, AS AMENDED)
INTENDED TO DEFINE AND REGULATE THE COMPOSTING
OF ORGANIC MATERIALS ON RESIDENTIAL OR ESTATES
PROPERTIES
Item #17A
ORDINANCE 2015-01 : AN ORDINANCE AMENDING
ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH
ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A RURAL
AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT
FOR A PROJECT KNOWN AS COLLIER 36 RPUD TO ALLOW
DEVELOPMENT OF UP TO 40 SINGLE FAMILY AND/OR
MULTI-FAMILY DWELLING UNITS ON PROPERTY
LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD
(CR 951) AND NORTH OF BUCKS RUN DRIVE IN SECTION 35,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 10± ACRES; AND BY PROVIDING
AN EFFECTIVE DATE [PUDZ-PL20140000340]
Item #17B
Page 216
January 13, 2015
RESOLUTION 2015-14: PETITION VAC-PL20140002509 TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN A PORTION OF A 10-FOOT
UTILITY EASEMENT RUNNING THROUGH TRACT R OF
LAKESIDE OF NAPLES AT CITRUS GARDENS, AS
RECORDED IN PLAT BOOK 15, PAGES 83 THROUGH 88 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LOCATED IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA
Item 417C
RESOLUTION 2015-15: A RESOLUTION DESIGNATING
PROPERTY COMMONLY KNOWN AS MAR-GOOD HARBOR
PARK, FORMERLY THE MAR-GOOD RESORT PROPERTY, AS
A HISTORICALLY SIGNIFICANT SITE, PURSUANT TO THE
HISTORIC/ARCHAEOLOGICAL PRESERVATION
REGULATIONS AS PROVIDED IN SECTION 2.03.07.E OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE. THE
SUBJECT PROPERTY IS LOCATED IN GOODLAND IN
SECTION 18, TOWNSHIP 52 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 2.62 ACRES
[PETITION HD-2006-AR-10679]
Item #17D
RESOLUTION 2015-16: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 201.4-15 ADOPTED BUDGET
Page 217
January 13, 2015
Item #17E
ORDINANCE 2015-02: AN ORDINANCE TO BE KNOWN AS
THE COLLIER COUNTY ANTI-HARASSMENT ORDINANCE,
MAKING IT A MISDEMEANOR TO HARASS A BICYCLIST,
PEDESTRIAN, RUNNER, OR A PERSON IN A WHEELCHAIR
USING THE PUBLIC RIGHT-OF-WAY
Item #17F
ORDINANCE 2015-03: AN ORDINANCE REPEALING
ORDINANCE NO. 87-65, IN ITS ENTIRETY, AS CODIFIED IN
SECTION 2-396 OF THE CODE OF LAWS AND ORDINANCES
(INVESTMENT, REIMBURSEMENT OF SURPLUS PUBLIC
FUNDS)
*****
Page 218
January 13, 2015
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4:06 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
rer,a4f
TIM NANCE, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
C \.k ;0'
b/AMA,IIP
MOM as to Chairman's
signature only."
These minutes approved by the Board on Fthruvi1' 1 j cUI ,
as presented or as corrected
Transcript prepared on behalf of Gregory Court Reporting,
Incorporated by Cherie' R. Nottingham, CSR.
Page 219