BCC Minutes 01/27/2015 R BCC
REGULAR
MEETING
MINUTES
January 27, 2015
January 27, 2015
TRANSCRIPT OF THE MEETING
OF THE BOARD OF COUNTY COMMISSIONERS
Naples, Florida, January 27, 2015
LET IT BE REMEMBERED, that the Collier County
Commissioners, in and for the County of Collier, having conducted
business herein, me 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: Tim Nance
Donna Fiala
Tom Henning
Georgia Hiller
Penny Taylor
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
Page 1
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
January 27, 2015
9:00 AM
Commissioner Tim Nance, District 5 — BCC Chair
Commissioner Donna Fiala, District 1 — BCC Vice-Chair; CRA Chair
Commissioner Georgia Hiller, District 2 - Community & Economic Dev. Chair
Commissioner Tom Henning, District 3 — PSCC Chair
Commissioner Penny Taylor, District 4 — TDC Chair; CRA Vice-Chair
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
Page 1
January 27, 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. Reverend Kirt Anderson - Naples Community Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent agenda.)
3. SERVICE AWARDS
4. PROCLAMATIONS
A. Proclamation designating January 27, 2015 as Peter Thomas Day in Collier
County, in recognition of his service to Collier County and our Country. To
be accepted by Reverend Kirt Anderson. Sponsored by Commissioner
Hiller.
Page 2
January 27, 2015
B. Proclamation recognizing the World's Largest Swimming Lesson. To be
accepted by Paula DiGrigoli, Bradie Allen, Dr. John Ryan, Wyn Saunier,
Carolyn Rambosk, Konnie Purcell, Sgt. Jason Wrobleski, Chief Bobby
Allen, Jeanine McPherson, Rich DeGalan, Patricia Rosen, Brian Owen and
Derrick Renauld. Sponsored by Commissioner Hiller.
C. Proclamation designating January 31 - February 6, 2015 as Collier County
Republican Women's Week. To be accepted by Litha Berger, Irina Cooper,
Erika Donalds, Jan Face Glassman, Judith Friedland, Priscilla Grannis, Joan
Hathaway, Ron Kezeske, Lavigne Kirkpatrick, Kelly Lichter, Cindy Lyster,
Mike Lyster, Carol Manning, Charlina McGee, Michelle Morgenstern, Rep.
Kathleen Passidomo, Barbara Stang, Christine Sutherland, Connie Thomas,
and Diane Van Parys. Sponsored by Commissioner Fiala.
D. Proclamation Honoring the Memory of Arthur Chase and recognizing his
contributions to the community. To be accepted by Elaine Chase, Ted Raia,
Stephen Gregerson, Annice Gregerson, Jeanne Findletter, and Linda Roth.
Sponsored by Commissioner Hiller.
E. Proclamation designating February 20, 2015 as Freedom Memorial
Fundraising Day. To be accepted by Freedom Memorial Foundation
representatives Naples Mayor John Sorey and Jerry Sanford.
5. PRESENTATIONS
A. Presentation of the State Surgeon General Healthy Weight Community
Champion 2015 certification to the Collier County Board of County
Commissioners for implementing a variety of policies that have been shown
to increase physical activity and improve nutrition. To be presented by
Stephanie Vick, Administrator, Collier County Department of Health.
6. PUBLIC PETITIONS
A. Public Petition request from Holly Parkes, representing 74 households in the
East Naples area, requesting that the Board designate a parcel of county
owned land on Whitaker Road for a fenced dog park, and authorize the
supporters of the proposed dog parks to begin fundraising efforts.
Item #7 to be heard no sooner than 1:00 pm unless otherwise noted.
Page 3
January 27, 2015
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
Item #8 and#9 to be heard no sooner than 1:30 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation that the Board of County Commissioners determines if the
County Manager's Ordinance meets the Florida Statutes Sec. 125.74(k) and
if determined necessary directs the County Attorney to amend the County
Manager's Ordinance to require the County Manager to bring all
Department Directors before the Board of County Commissioners for
confirmation, to advertise the proposed amendment, and to bring the
amended ordinance back to the Board for consideration and potential
enactment. (Commissioner Henning)
B. Recommendation to appoint two Commissioners to the Southwest Florida
Regional Planning Council.
C. Recommendation to adopt a Resolution petitioning the District School Board
of Collier County, the Florida Legislature, and Governor Rick Scott to
reclaim Florida's educational sovereignty and return control of educational
standards, curriculum, and student assessments to the local county school
districts. (Commissioner Henning)
11. COUNTY MANAGER'S REPORT
A. Recommendation to authorize the County Manager, or his designee, and the
County Attorney to advertise for future consideration an Ordinance
Amending Chapter 74 of the Collier County Code of Laws and Ordinances,
which is the Collier County Consolidated Impact Fee Ordinance, providing
for the incorporation by reference of three impact fee studies; amending the
Road Impact Fee rate schedule, which is Schedule One of Appendix A, the
Water and Wastewater Impact Fee rate schedule, which is Schedule Two of
Appendix A, and the Correctional Facilities Impact Fee rate schedule, which
is Schedule Four of Appendix A; providing for updates to definitions for
Page 4
January 27, 2015
compliance with the update studies and methodology; providing that impact
fees are assessed using the rates in effect (1) when the building permit
application is submitted, or (2) at the time of the issuance of a certificate of
occupancy or certificate of completion for the development, whichever is
less; correcting a date used for terms of deferrals; amending provisions
related to the imposition of Water and Wastewater Impact Fees to comply
with the study and methodology updates; and providing for an effective date
of February 17, 2015 for all rate categories that are decreasing and a delayed
effective date of May 11, 2015 for all rate categories that are increasing, in
accordance with the 90-day notice requirements set forth in Section
163.31801(3)(d), Florida Statutes. (Amy Patterson, Impact Fee and EDC
Manager)
B. Recommendation to accept and approve the completed Parks and Recreation
Department Fee Study conducted by Public Resources Management Group,
Inc.
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Current BCC Workshop Schedule.
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
A. GROWTH MANAGEMENT DIVISION
Page 5
January 27, 2015
1) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve an extension of one year for completion of subdivision
improvements associated with Fiddler's Creek Phase 3, Unit One
(AR-1607) pursuant to Section 10.02.05 C of the Collier County Land
Development Code.
2) Recommendation to authorize the Clerk of Courts to release a Cash
Bond in the amount of$4,060, and a Performance Bond in the amount
of$19,640 which were posted as development guaranties for work
associated with Haldeman's Landing, Early Work Authorization's
(EWA) PL20140001581 and PL20140002326.
3) Recommendation to authorize the Clerk of Courts to release
Performance Bond No. SEIFSU0401543 in the amount of$1,000,000
which was posted as a guaranty for Excavation Permit Number
60.109, (PL20120001267) for work associated with the Bent Creek
Preserve.
4) Recommendation to authorize the Clerk of Courts to release
Performance Bond No. 41262906 in the amount of$738,246.67 which
was posted as a guaranty for Excavation Permit Number 59.982,
(PL20130000727) for work associated with the Mockingbird
Crossing.
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 Twineagles Grand
Arbors Block 110 Replat, Application Number PL20140001445.
6) Recommendation to approve the release of a Code Enforcement Lien
with an accrued value of$10,923.83 for payment of$1,073.83, in the
Code Enforcement action entitled Board of County Commissioners v.
Avin Noel and Maria Chavanes, Code Enforcement Board Case No.
2004-038, relating to property located at 4818 Devon Circle, Collier
County, Florida.
Page 6
January 27, 2015
7) Recommendation to approve two releases of Code Enforcement Liens
with a combined accrued value of$22,616.36 for payment of
$1,316.36, in the Code Enforcement actions entitled Board of County
Commissioners v. Dennis Wolfe and Roberta Wolfe, Code
Enforcement Special Magistrate Case Nos. CEPM20100007875 and
CEPM20120006379, relating to property located at 2500 55th Street
SW, Collier County, Florida.
8) Recommendation to approve the release of a Code Enforcement Lien
with an accrued value of$206,586.43, for payment of$536.43, in the
Code Enforcement action entitled Board of County Commissioners v.
Frank Paz, Code Enforcement Board Case No. 2006081159, relating
to property located at 2864 10th Ave SE, Collier County, Florida.
9) Recommendation to approve seven releases of Code Enforcement
Liens with a combined accrued value of$767,504.15 for payment of
$4,954.15, in the Code Enforcement actions entitled Board of County
Commissioners v. Michael Hernandez and Adrianna Garcia and
Board of County Commissioners v. Juan Hernandez and Adrianna
Garcia, Code Enforcement Special Magistrate Case Nos. 2005020051,
CEAU20110008432, CENA20 1 1 0009062, CEV20110009199,
CENA20120015717 and Code Enforcement Board Case Nos.
2006081209 and CEPM20130011083, relating to property located at
1521 Golden Gate Blvd. W., Collier County, Florida.
10) Recommendation to approve the release of Code Enforcement Lien
with an accrued value of$156,976.35 for payment of$676.35, in the
Code Enforcement action entitled Board of County Commissioners v.
Patrick Fevrier and Jacqueline Fevrier, Code Enforcement Special
Magistrate Case No. CEPM20130012039, relating to property located
at 6090 Everett Street, Collier County, Florida.
11) Recommendation to approve Contract No. 14-6246 in the amount of
$214,146 with VibEngineering Inc, for work in accordance with the
FDOT Local Area Project Traffic Network Study and Analysis FM
No. 430868-1-18-01.
12) Recommendation to adopt a Resolution endorsing collaborative
development of a comprehensive, regional, water management
strategy addressing water storage and treatment for all coastal
Page 7
January 27, 2015
community watersheds of Southwest Florida.
13) 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.
(Companion to Agenda Item #17B)
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DIVISION
I). PUBLIC SERVICES DIVISION
1) Recommendation to approve an after-the-fact contract Amendment
and Attestation Statement between the Area Agency on Aging for
Southwest Florida, Inc. and Collier County to extend the grant period
through February 28, 2015 for the Older Americans Act Programs.
2) Recommendation to approve an after-the-fact Amendment and
Attestation Statement with Area Agency on Aging for Southwest
Florida, Inc. for the Community Care for the Elderly program to
ensure continuous funding for FY 2014/2015.
3) Recommendation to approve three satisfactions of mortgage for the
State Housing Initiatives Partnership Loan Program in the combined
amount of$56,000.
4) Recommendation to approve Second Amendment to the State
Housing Initiatives Partnership Program Subrecipient Agreement with
Centro Campesino Farmworker Center, Inc. and to recognize a four
month extension of the expenditure deadline on Fiscal Year
2011/2012 granted from the Florida Housing Finance Corporation.
5) Recommendation to authorize the County Attorney's Office to
advertise an amendment to Ordinance No. 89-11, as amended,
removing "Key Island" from the attached list of barrier islands to
provide consistent enforcement of activities on Key Island.
Page 8
January 27, 2015
6) Recommendation to authorize the Collier County Public Library Staff
to waive fines and fees under specific circumstances.
7) Recommendation to approve an agreement with the Physician Led
Access Network to provide medical referral services for low-income
residents in Collier County.
8) Recommendation to approve an Agreement with the Tax Collector
and Property Appraiser to reimburse the Constitutional Officers for
service rendered for the collection of assessment for the Platt Road
MSBU.
9) Recommendation to approve Third Amendmenfto the Home
Investment Partnership Program Subrecipient Agreement with
Community Assisted and Supported Living, Inc., for the Multi-Family
Property Acquisition Project.
10) Recommendation to approve the use of the previous awarded
Invitation to Bid 14-6278RR "Aquatic Maintenance Support
Services" with Tri-City Pools, Inc. for budget approved capital and
operating expenses.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to accept the report referencing the sale, scrap and
donation, and disbursement of funds associated with the County on-
line auctions held in November and December 2014 and approve the
correction of a minor Scrivener's Error in the term of the award of
Request for Proposal #14-6219 Full Service Auctioneer to Atkinson
Realty and Auction, Inc.
2) Recommendation to approve additions, a deletion, and
reclassifications to the 2015 Fiscal Year Pay and Classification Plan
made from October 1, 2014 through December 31, 2014.
3) Recommendation to approve the Collier County Government
Employee Benefit Plan Document, Dental Plan Document, Flexible
Benefits Plan Document and Health Reimbursement Arrangement
Document effective January 1, 2015.
Page 9
January 27, 2015
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 adopt a Resolution to support House Speaker
Steve Crisafulli's setting of funding film, television and entertainment
incentives as one of his legislative priorities; urging all Florida
counties to join in this initiative with no fiscal impact to Collier
County.
4) Recommendation to award Invitation to Bid #15-6391 for Lake
Aeration to Aquagenix as the lowest, qualified, responsive bidder.
5) Recommendation to approve an Agreement with the Southwest
Florida Economic Development Alliance, Inc. ("Alliance") to assist
the Alliance in its mission to market and attract new businesses to the
region, in an annual estimated amount of$100,000.
6) Recommendation to approve an Agreement with the Partnership for
Collier's Future Economy, Inc. ("PCFE") for specified Economic
Development Services, consistent with the Board approved Economic
Development Strategic Plan, at no cost to the County.
G. AIRPORT AUTHORITY
1) Recommendation that the Board of County Commissioners, acting as
the Collier County Airport Authority, approve a Budget Amendment
from the General Fund in order for the Airport Authority to satisfy a
Final Judgment for $274,212.21 (plus statutory interest) in the case of
Quality Enterprises USA, Inc. v. Collier County Airport Authority
(Case No. 12-4345 CA).
H. BOARD OF COUNTY COMMISSIONERS
Page 10
January 27, 2015
1) Recommendation to reappoint members to the Library Advisory
Board.
2) Recommendation to reappoint a member to the Industrial
Development Authority.
3) Recommendation to appoint members to the Pelican Bay Services
Division Board.
4) Recommendation to appoint a member to Conservation Collier Land
Acquisition Advisory Committee.
5) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the U.S. Coast Guard Auxiliary Flotilla 95 Change of Watch
ceremony on January 11, 2015. The sum of$55 to be paid from
Commissioner Fiala's travel budget.
MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Request that the Board of County Commissioners approve the use of
$15,000 from the Confiscated Trust Funds to support the State of
Florida Prescription Drug Monitoring Program.
2) Request that the Board of County Commissioners approve the use of
$5,000 from the Confiscated Trust Funds to support the Hazelden
Betty Ford Foundation.
3) Request that the Board of County Commissioners approve the use of
$10,000 from the Confiscated Trust Funds to support the Marco and
Naples Squadron(s) Civil Air Patrol.
4) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of January 8 through January
14, 2015.
5) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of January 15, 2015 through
Page 11
January 27, 2015
January 21, 2015.
6) To provide the Board of County Commissioners the Clerk of the
Circuit Court's Office regarding Audit Report 2015-1 Library
Department— Cash Review issued on January 21, 2015.
K. COUNTY ATTORNEY
17. SUMMARY AGENDA - This section is for advertised public hearings and mu
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. Recommendation to adopt an Ordinance dissolving the Parklands Collier
Community Development District pursuant to Section 190.046(9), Florida
Statutes.
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance
amending Ordinance Number 2004-41, as amended, the Collier County
Land Development Code, which established the Comprehensive Zoning
Regulations for the Unincorporated Area of Collier County, Florida, by
amending the appropriate zoning atlas map or maps to change the zoning
classification of the herein described real property from a Residential
Planned Unit Development (RPUD) to a RPUD for a project to be known as
the Warm Springs RPUD to allow construction of a maximum of 400
residential dwelling units on property located east of Collier Boulevard
(C.R. 951) and approximately one mile south of Immokalee Road (C.R. 846)
in Section 26, Township 48 South, Range 26 East, Collier County, Florida,
consisting of 114± acres; providing for the repeal of Ordinance Number 05-
21, formerly the Warm Springs RPUD; and by providing an effective date
Page 12
January 27, 2015
[Petition PUDZ-A-PL20140000156] (Companion to Agenda Item 16.A.13).
C. Recommendation to adopt Ordinances approving staff-proposed 2011
Evaluation and Appraisal Report-Based Amendments to the Collier County
Growth Management Plan, Ordinance 89-05, as amended, to fix glitches
related to previous 2011 EAR-Based amendments and revising for internal
consistency, and furthermore recommending transmittal of the adopted
amendments to the Florida Department of Economic Opportunity (Adoption
Hearing).
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 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.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 13
January 27, 2015
January 27, 2015
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN NANCE: Thank you, Mr. Ochs.
Ladies and gentlemen, welcome to the January 27th meeting of
the Collier County Board of County Commissioners.
This morning's invocation is going to be presented by Reverend
Kirt Anderson of the Naples Community Church.
I would ask you to rise and remain standing for the Pledge of
Allegiance. I will ask Commissioner Taylor to lead us in the pledge
this morning.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE — REVEREND
KIRT ANDERSON OF NAPLES COMMUNITY CHURCH —
INVOCATION GIVEN
REVEREND ANDERSON: Will you join me in prayer.
Our gracious God: What can seem like just another meeting of
mundane business is actually a ritual drama, acting out a vision for our
people and place. Clarify for this body a common purpose, that their
decisions might conform to the contours of your unfolding will for our
community. This gathered company, this commission and county
officials is entrusted with stewardship of the highest of human values,
and so we ask that you would grant them wisdom to govern its
conflicting interest, discernment to act, promoting the true welfare of
our people, humility to work for the people without thought of self,
harmony, civility amongst honest disagreements, conscience to do
justice and honesty so they sleep well at night.
And we consider -- and as we consider acts of humility, service,
loyalty and honor, we recognize today Peter Thomas, a man who loves
with uncommon dedication, who relishes the accomplishments of
Page 2
January 27, 2015
others and who quietly assumes his position as a servant. He has
labored to do his duty as God has given him light. We are barely
worthy to honor this great man, this dear friend, this ardent disciple of
his Lord.
We seek your blessings and ask that our lives might likewise
discharge the duties of the high calling to which we have been called.
In your incarnate love we pray, Amen.
COMMISSIONER FIALA: Excellent prayer.
(Pledge of Allegiance was recited in unison.)
CHAIRMAN NANCE: Thank you. Before I request the County
Manager to lead us through today's changes, I'm going to ask each of
you to please silence your cell phones and other electronic devices so
we can have a good meeting, and remind everyone that wishes to
speak on any item before us today or on items not on the agenda,
please be reminded that you need to fill out a speaker slip, including
your name and address, and deliver it to Mr. Troy Miller over here in
advance of the beginning of the items.
So with that said, Mr. Ochs, could you please take us through
today's agenda changes, sir.
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA — MOTION TO CONTINUE ITEM #16F3
TO A FUTURE MEETING — APPROVED;
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
Page 3
January 27, 2015
MR. OCHS: Yes, sir, Mr. Chairman. Good morning,
Commissioners. These are your proposed agenda changes for the
Board of County Commissioners' meeting of January 27th, 2015.
The first proposed change is to move Item 16.D.10 from your
consent agenda to become Item 11 .0 on your regular agenda. This
item is moved 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 Clerk of Courts regular
agenda. It's a report on an internal audit of the library system. And that
move is made at Commissioner Taylor's request.
I have a couple of agenda notes, Mr. Chairman, this morning. The
first is that Item 7, your public comments, in the event that the regular
business of the Board concludes before 1 :00 p.m., and then public
comments would be heard at the conclusion of the regular agenda.
And I have two other agenda notes, Commissioners, that are
identical. They apply to Item 16.F.5, which is your agreement with the
Southwest Florida Economic Development Alliance, and 16.F.6,
which is your agreement with the Partnership for Collier's Future
Economy. There was a statutory provision that's required to be in these
contracts dealing with Public Records Law. I won't read it, you can
read it for yourself They're identical in each agreement. And we would
ask that that change be made at staff request and the County Attorney's
request.
Those are all the changes I have, Mr. Chairman.
CHAIRMAN NANCE: Mr. Ochs, I also have two other items of
note before we get into the further action on the regular consent and
summary agenda. I have a note before me that indicates although it is
unmarked on the printed agenda, Item 17.B and C on the summary
agenda require an affirmative vote of four members for board
approval.
All right, moving forward --
Page 4
January 27, 2015
COMMISSIONER TAYLOR: Just -- before we leave this, and
this is at -- hopefully I'm not disrupting the order. I just want to make
two small comments before setting the agenda. And the first one is on
16.A.12. I'm very excited and congratulations on the collaboration to
make water a huge important topic for this Commission and for the
region. Congratulations on that.
And then on 16.F.6, County Manager, my constituents are
confused about the division of power, the division of labor, really,
between what we do and what the partnership does. Could you just
clarify it briefly?
CHAIRMAN NANCE: Commissioner Taylor, can we hold that
just one moment until we -- would you like to pull that item for further
discussion?
COMMISSIONER TAYLOR: You know, I didn't want to leave
the folks involved here for days -- you know, hours and hours and
hours, because everyone's got a busy schedule, so I will bow to you,
Mr. Chairman.
CHAIRMAN NANCE: Okay, let me wait until we get -- and you
can make further comment on that, if I might, because I think Mr.
Miller has indicated -- before we take action on the regular consent and
summary agenda and bring those up for approval of the Board, Mr.
Miller has indicated that we have one speaker on an item on the
consent agenda.
Why don't we go ahead and do that, let that citizen speak, and
then we'll go through and seek approval and move forward with the
agenda.
MR. MILLER: Mr. Chairman, Louis Piche has registered to
speak on Item 16.F.3.
MR. OCHS: Commissioners, for the record, 16.F.3 is a
recommendation to adopt a resolution to support House Speaker Steve
Crisafulli's setting of funding film, television, and entertainment
Page 5
January 27, 2015
incentives as one of his legislative priorities, and urging all Florida
Counties to join in this initiative, which would have no fiscal impact to
Collier County.
CHAIRMAN NANCE: Sir, please give your name and address
for the public record.
MR. PICHE: Yes, my name is Louis Piche, 4949 Tamiami Trail.
CHAIRMAN NANCE: Thank you.
MR. PICHE: Okay, I am representing Americans' Prosperity
Today, and we want to talk about the tax incentive programs to
pleading Florida taxpayer funds.
Number one is the film incentives don't create long-term growth.
What we're actually finding out is that according to the taxpayer
funded state office, that's called Florida Office of Economic and
Demographic Research, it states that every dollar invested in the
program the state gets 43 cents back in tax revenue.
On Page 49 it states: The program generated a positive return on
investment of 0.43. A return less than one means a tax revenue
generated by the project activity was insufficient to cover the cost of
the credits awarded.
Page 4 also states that Florida's share decreased from 6.2 percent
to 4.5 percent of the total employment in the industry. According to
taxpayer funded Florida State Office, called the Florida Office of Film
and Entertainment, the program gave money to businesses that were
already in the state. One incentive program participants for fiscal year
'12 and '13, 66.6 percent were already based in Florida.
Number two: Film incentives don't create permanent full-time
jobs. What we find is a lot of these industries, they come in for a short
period of time and then they're gone. And with this, according to the
Florida Office of Film and Entertainment, many of the participants
who claim to have created hundreds of jobs for Floridians only logged
a few production days. In this case, one of the examples is a TV show
Page 6
January 27, 2015
called The Finder. The Finder received $363,000, claim that they had
created 323 jobs, and was only in production for eight days. That's
$45,000 per day as tax credits.
The film incentives have no impact on tourism. Many of the
program participants made grocery store commercials, children's
cartoon shows and video games, none of which contributed to tourism.
Number four is the film industries often hold hostage if the film
incentives aren't increased. So one example that we have here is House
of Cards. This was in Maryland. So Maryland brings in the production;
House of Cards is in Maryland for the first year. It's a successful year.
The second year they said to Maryland, House of Cards production
said we're going to pull out.
So I wanted to say with that, if Maryland didn't subsidize, which
they did, they paid $60 million for the second season.
And lastly, the vast majority of Floridians don't want the film
incentives. 70 percent of Florida voters polled do not believe that
Hollywood movies create the type of long-term jobs, good-paying jobs
that Florida needs. 81 percent of voters prefer making the state's tax
policy fair and create more.
And the last thing I want to say, bottom line is that one movie,
Dolphin Tale, that boosted tourism in one location is not enough to
justify hundreds of millions of dollars in handouts. Thank you very
much; I appreciate your time.
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. Interesting that he brings this
up, because during my Commissioner comments this morning on the
agenda, I wanted to pull that, because I feel -- and just continue it,
because I feel that there's more research that needs to be done on this
subject.
And I wonder if all of those figures actually apply. Sometimes,
you know, we come up with figures to sell a project instead of the
Page 7
January 27, 2015
actual figures. And so I would just like to pull that and continue it, if I
may.
COMMISSIONER HILLER: I agree.
COMMISSIONER HENNING: I'll support that.
COMMISSIONER TAYLOR: I would agree.
COMMISSIONER FIALA: Okay, thank you.
MR. PICHE: Thank you.
COMMISSIONER HILLER: May I make a comment,
Commissioner Nance?
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: Thank you. Sir --
CHAIRMAN NANCE: You want to take it under the item.
COMMISSIONER HILLER: Sir? If you don't mind, --
CHAIRMAN NANCE: Why don't we take it under the item,
Commissioner. Is that okay?
COMMISSIONER HILLER: You need to -- this gentleman needs
to understand --
CHAIRMAN NANCE: Oh, it's just going to be continued. All
right, Commissioner Hiller.
COMMISSIONER HILLER: I didn't know if you were going to
actually make a motion to continue it under the item or if you want to
address it now. I think addressing it now makes more sense and just
doing it as an amendment to the agenda.
The report that you're relying on for quoting the numbers that you
quoted, if you could give a copy of that to our County Manager so that
he can provide it to the Board, it would be beneficial to us to see the
information that you presented in context.
CHAIRMAN NANCE: Is it the wish of the Board to continue this
item or move it to today's regular agenda?
COMMISSIONER HILLER: I make a motion --
COMMISSIONER FIALA: To continue it?
Page 8
January 27, 2015
COMMISSIONER HILLER: I second it.
CHAIRMAN NANCE: The motion is continuance, so it will
come back at a future meeting.
COMMISSIONER HILLER: Uh-huh.
CHAIRMAN NANCE: All right.
COMMISSIONER FIALA: All in favor?
CHAIRMAN NANCE: All in favor?
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, Mr. Ochs will arrange to have
that come before us again at a future date.
We're going to move now for any further changes to today's
regular consent or summary agenda and ex parte communications.
We'll start with Commissioner Taylor.
COMMISSIONER TAYLOR: The only disclosure I have is that I
had a meeting with the attorney for Warm Springs, and that's it. No
other disclosures for any item that requires ex parte on our agenda.
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: Yes, I have nothing on the consent
agenda, and on the summary agenda -- oh, you know what? I say I
have nothing on the consent agenda, but 16.A.5 I did have
correspondence and emails and an update from the staff. I'm sorry I
said none.
And then on 17.B, which is the Warm Springs, I also had
correspondence and a staff report.
CHAIRMAN NANCE: I have no further changes to today's
Page 9
January 27, 2015
regular consent or action on the summary agenda. I have read the staff
report on Item 17.B which is the Warm Springs RPUD.
Commissioner Hiller?
COMMISSIONER HILLER: I have nothing to disclose with
respect to ex parte.
With respect to the agenda, I'd like to ask Commissioner Nance if
we could move 4.D to follow 4.A. And the reason being is that both
4.A and 4.D are proclamations to recognize two great men, and I think
it would really benefit the public that's visiting with us today and those
that are watching to hear the stories of these two men back-to-back.
One is Peter Thomas and the other is Senator Arthur Chase. If that's
acceptable.
CHAIRMAN NANCE: Is the Board amenable to that minor
change?
COMMISSIONER FIALA: Yes.
COMMISSIONER TAYLOR: Yeah, of course.
CHAIRMAN NANCE: All right.
COMMISSIONER HILLER: Thank you.
The other thing I'd like to mention is just to explain what
Commissioner Taylor is looking to do. Since she does not want to pull
the item that she would like to make a comment on from consent but
would like to comment on it when we vote, if you would allow her to
do so. Because that way those individuals that are in the audience can
hear, you know, her comments. If they want to address her they would
have the opportunity to do so. We still can leave it on consent, not have
a discussion and allow it to move forward.
CHAIRMAN NANCE: Absolutely.
COMMISSIONER HILLER: Moving it on consent signals that
she supports it, she just wants to make a point --
CHAIRMAN NANCE: I have comments also, yes, ma'am, and
we will do so.
Page 10
January 27, 2015
COMMISSIONER HILLER: Thank you.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: No further changes, and the only
ex parte is on 17.B, I received the staffs report.
With that, I'll make a motion to approve today's agenda --
COMMISSIONER FIALA: Second.
COMMISSIONER HENNING: -- as amended.
CHAIRMAN NANCE: There is a motion by Commissioner
Henning and a second by Commissioner Fiala to approve today's
regular consent and summary agendas.
Before we take a vote on that, we're going to have comments on
either the consent or summary agenda by commissioners.
Commissioner Taylor?
COMMISSIONER TAYLOR: Again, I would like -- would you
like me to repeat the comment?
CHAIRMAN NANCE: Yes, ma'am, please.
COMMISSIONER TAYLOR: Okay. First of all, on 16.A.12 --
and I apologize that I'm still learning the ropes here -- congratulations
to the staff and to the effort to put water at -- the preservation and the
management of water in our region.
MR. OCHS: Thank you, ma'am. And Commissioner Henning
deserves the credit as part of the participation in the regional summit
meetings that he's attended to advance that item. So we appreciate his
leadership on that as well.
COMMISSIONER TAYLOR: Well thank you, Commissioner
Henning.
And then with the 16.F.6, again, my constituents are confused.
I'm being asked questions that maybe I can't even answer. So just
briefly, and I don't want to belabor this, but I wondered if you could
highlight what the division of labor is between the county's office and
certainly the partnership office.
Page 11
January 27, 2015
MR. OCHS: Yes, ma'am, I'd be happy to do that. And as I say,
maybe a picture is worth 1,000 words. So this is a Power Point slide
that came out of the Opportunity Naples strategic plan, and one that I
know John Cox and his staff use routinely to explain that very issue.
I'll try to blow it up here a little bit. But very simply, you can see
the relationship, the partnership, if you will, between the partnership of
Collier's future economy and the Collier County Commission and the
Manager's office and by extension the Office of Business and
Economic Development.
As you follow those boxes down, you'll see that the partnership
has taken on the responsibilities for marketing, attraction, Enterprise
Florida relationships, business retention and outreach and project
management. Your county office by design continues to work on the
regulatory climate and improving the business climate, working on a
set of economic incentives that are flexible and responsive to the
market.
Also working obviously on the incubator accelerator program that
was recently approved by this Board and funded in part by the Florida
legislature.
And of course the staff also works to send prospects that come
our way over to the partnership and work on the contract relationship.
So that's essentially the division of duties that's existed from the
beginning.
COMMISSIONER TAYLOR: All right, thank you very much.
MR. OCHS: You're welcome.
CHAIRMAN NANCE: Commissioner Fiala, any comments?
COMMISSIONER FIALA: No, no comments.
CHAIRMAN NANCE: I would just like to mention one thing
that I think is a good news item. You know, there are so many items on
the consent agenda that are good, positive things and sometimes they're
hiding in here. I think it's a shame that some of them are passed under
Page 12
January 27, 2015
one item without a lot of comment, so I will just make a comment on
16.A.12 which is a recommendation to adopt a resolution endorsing
collaborative development of a comprehensive regional water
management strategy addressing water shortage and treatment for all
coastal community watersheds of Southwest Florida.
This is an item that comes before us on a regular basis on
individual items moving forward. And it's one that I most recently
spoke to with the City of Naples. And so I just want to restate my
support for this sort of an approach to dealing with our water issues
and strategies and let everybody know that collaborative effort in this
direction is something that I think is absolutely essential to overcome
the hurdles that we have.
Commissioner Hiller, any comments?
COMMISSIONER HILLER: I have no comments other than I
like the comments that have been made.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: Let's go.
CHAIRMAN NANCE: We have a motion and a second to
approve today's regular consent summary and agenda as amended.
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: Passes unanimously.
Page 13
Proposed Agenda Changes
Board of County Commissioners Meeting
January 27,2015
Move Item 16D10 to Item 11C: Recommendation to approve the use of the previous awarded
Invitation to Bid 14-6278RR"Aquatic Maintenance Support Services"with Tri-City Pools,Inc for
budget approved capital and operating expenses. (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 2015-1 Library Department—Cash Review issued on January 21,
2015. (Commissioner Taylor's request)
Note:
Item 16F5(with approval by Southwest Florida Economic Development Alliance) revise the agreement as
follows:
Article V,MAINTENANCE OF RECORDS
Add paragraph 2 as follows:
"In addition,Alliance shall:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that
the public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer,at no cost,to the
public agency all public records in possession of the contractor upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically must
be provided to the public agency in a format that is compatible with the information
technology systems of the public agency."
Proposed Agenda Changes
Board of County Commissioners Meeting
January 27,2015
Page 2
Item 16F6(with approval by the Partnership for Collier's Future Economy)revise the agreement as follows:
Article V,MAINTENANCE OF RECORDS
Add paragraph 2 as follows:
"In addition,Partnership shall:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that
the public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer,at no cost,to the
public agency all public records in possession of the contractor upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically must
be provided to the public agency in a format that is compatible with the information
technology systems of the public agency."
1127/201C 8:29 AM
January 27, 2015
Item #4
PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS
Item #4A
PROCLAMATION DESIGNATING JANUARY 27, 2015 AS
PETER THOMAS DAY IN COLLIER COUNTY, IN
RECOGNITION OF HIS SERVICE TO COLLIER COUNTY AND
OUR COUNTRY— ADOPTED
MR. OCHS: Mr. Chairman, that takes us to proclamations this
morning.
Item 4.A is a proclamation designating January 27th, 2015 as
Peter Thomas Day in Collier County, in recognition of his service to
Collier County and our country. To be accept by Reverend Kirt
Anderson. And this item is sponsored by Commissioner Hiller.
Reverend, if you'd please step forward and receive the
proclamation.
(Applause.)
COMMISSIONER HILLER: We'll take a picture and then I
would like to read the proclamation.
Kirt will have a few words to share with you, but I would like to
read the proclamation, because I think it's extremely important that you
all understand how important Peter Thomas has been, not only to our
community but to this country.
And I have to be careful, because I'm going to go through two
waves of emotional readings this morning.
WHEREAS, on behalf of the residents of Collier County, the
Board of Collier County Commissioners would like to recognize Mr.
Page 14
January 27, 2015
Peter Thomas for his service to our community and our country; and
WHEREAS, Mr. Thomas's dedication to our Country became
apparent when he as a teenager volunteered for the United States Army
in 1943 and was assigned to the First Infantry Division in Europe; and
WHEREAS, Mr. Thomas served admirably as part of the First
Infantry Division in five major campaigns, including as one of 28
replacement soldiers in his unit selected to go to Omaha Beach on June
7th, 1944, the day after the D-Day invasion, earning five battle stars,
the Bronze Star and the Purple Heart; and
WHEREAS, that lift-altering -- oh, my goodness; I'm so sorry.
Peter Thomas was very dear to me, he was one of my first supporters,
and I so admire him.
WHEREAS, that life-altering experience as a soldier gave him a
deeper appreciation for his fellow servicemen, his country and his
freedom; and.
WHEREAS, he dedicated himself to improving the community
through sharing his story and through his volunteer charity work
including -- I'm so sorry. Can I have a tissue, Commissioner Fiala?
COMMISSIONER FIALA: Yes, you may.
COMMISSIONER HILLER: He is such a great man, I just -- I'm
just overcome by emotion.
-- including serving on many local and national boards ranging
from the National D-Day Memorial Foundation, The Collier County
Veteran's Council and the Holocaust Museum of Southwest Florida;
and
WHEREAS, Mr. Thomas's well known baritone voice has graced
the airwaves for decades and is instantly recognizable to anyone who
has ever watched Forensic Files or his work on the academy
award-winning One Survivor Remembers, he used his gift
volunteering to record a 30-second commercial for the Collier County
Freedom Memorial; and
Page 15
January 27, 2015
WHEREAS, Mr. Thomas dedicated himself to his wonderful wife
of 68 years, Stella, who was his biggest supporter and champion; and
WHEREAS, the Board of Collier County Commissioners would
like to officially recognize Mr. Thomas for a lifetime of dedicated
service to our community.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that January 27th, 2015 be
designated as Peter Thomas Day.
(Applause.)
COMMISSIONER HILLER: Congratulations, Peter.
And I want to add just one thing. Peter Thomas's voice is also the
voice you hear on every AED when a heart is being defibrillated and a
life is being saved.
COMMISSIONER FIALA: I didn't know that. That's interesting.
REVEREND ANDERSON: I told Peter -- Peter wanted to be
here, but Peter's condition has steadily declined since the loss of his
dear wife. He literally poured out his life for her. And soon after she
passed in June, he had a freak accident going up his steps. He fell
forward onto his knees and sent fractures into his hip. At the same time
he developed a MRSA virus from some surgery to remove something
on his skull. And so he is now at The Chateau.
And I asked Peter if there was any way he could be here, he
wanted to be here so badly. But when I told him what you all were
doing he said, why would they do that?
True greatness is characterized by such humility. And Peter, if
you don't know who he is, as Georgia has said, just tune into Forensic
Files or remember one of those old American Express commercials
where it says, American Express, don't leave home without it. That's
Peter. And he is --
CHAIRMAN NANCE: Please make sure he dials into
Colliergov.net and lets us see the proceedings this morning and give us
Page 16
January 27, 2015
-- allow us to pass to him in that way our very best regards and wishes.
REVEREND ANDERSON: We will do that, thank you.
CHAIRMAN NANCE: Thank you, sir.
(Applause.)
Item #4D
PROCLAMATION HONORING THE MEMORY OF ARTHUR
CHASE AND RECOGNIZING HIS CONTRIBUTIONS TO THE
COMMUNITY — ADOPTED
MR. OCHS: Item 4.D is a proclamation honoring the memory of
Arthur Chase and recognizing his contributions to the community. To
be accepted by Elaine Chase, Ted Raia, Stephen Gregerson, Annice
Gregerson, Jeanne Findletter, and Linda Roth. This item is sponsored
by Commissioner Hiller. If you'd please come forward and receive
your proclamation.
(Applause.)
COMMISSIONER HILLER: And after the photographs, I'd like
to read this proclamation to remember Senator Chase.
Senator Chase, along with Peter Thomas, was one of my first
mentors. And what's really remarkable about Senator Chase is that he
was a Dem-- I'm sorry, a Republican, not a democrat. He was actually
a Republican Senator in Massachusetts and was well loved, incredibly
loved, in fact, as a Republican Senator in Massachusetts. So in his
memory I'd like to read the following. And if I burst out in tears again,
please understand that this is a hard thing to do. I'm so going to miss
him. He was just such a great man.
WHEREAS, serving the community was paramount in Arthur
Chase's life in Massachusetts where he served two terms in the
Massachusetts Senate. From 1991 to 1995, Senator Chase worked to
Page 17
January 27, 2015
improve conditions for mental health patients and backed legislation to
create the Massachusetts Academy of Math and Science, a public
magnet school, later writing a book about the history of this school.
A pragmatic State Senator, Senator Chase worked across the aisle to
create the Central Massachusetts Legislative Caucus; and
WHEREAS Arthur and his family founded the Chase Paper
Company and printed the official invitations to the first inauguration of
President Ronald Reagan. He later founded Checkerboard, Ltd.,
printing luxurious stationery for clients such as Bill Gates and Luciano
Pavarotti; and
WHEREAS, Arthur moved to Collier County in 2004 and soon
after was on the board of directors for the Heron in Pelican Bay. He
thought it an ethical duty for citizens to be informed about local issues
and social needs. He encouraged leadership and political action and
was a master of developing strategies to correct a wrong; and
WHEREAS Arthur passionately believed that preserving natural
resources when it was an obligation of citizenship and he became an
advocate for Clam Pass, its waters and its priceless mangrove forest;
and
WHEREAS, he was an advocate at civic and county meetings,
and financially supported the Mangrove Action Group, Conservancy
of Southwest Florida, Naples Botanical Gardens, the Neighborhood
Health Clinic, the Naples Council on World Affairs, Planned
Parenthood of Collier County and the Holocaust Museum; and
WHEREAS, Arthur made things happen, partly because he was
indefatigably persistent, but most of all because he excited
imaginations and recruited others in the cause.
NOW THEREFORE, be it proclaimed that the Collier County
Board of County Commissioners hereby honors the life and work of
Senator Arthur Chase and expresses its most sincere sympathy to his
family for their loss of this great man. Truly great man.
Page 18
January 27, 2015
(Applause.)
MS. CHASE: Arthur was the speechmaker in the family.
I just want to thank you very much. He would have been so
pleased and so honored by this recognition today. So thank you,
Commissioner Hiller, and thank you to all of the Commissioners for
honoring him in this way.
(Applause.)
COMMISSIONER HILLER: And members of the Board, thank
you very much for allowing me to move those two items back-to-back,
because I couldn't spend all morning crying, I really had to concentrate
that. So thank you.
CHAIRMAN NANCE: I'm going to return these to
Commissioner Fiala now, in case she has some remarks.
COMMISSIONER HILLER: Commissioner Nance, is my
makeup all right?
CHAIRMAN NANCE: Always perfect, ma'am.
COMMISSIONER HILLER: Thank you.
Item #4B
PROCLAMATION RECOGNIZING THE WORLD'S LARGEST
SWIMMING LESSON — ADOPTED
MR. OCHS: Mr. Chairman, that moves us to Item 4.B. It's a
proclamation recognizing the world's largest swimming lesson, to be
accepted by Paula DiGrigoli, Bradie Allen, Dr. John Ryan, Wyn
Saunier, Carolyn Rambosk, Konnie Purcell, Sergeant Jason Wrobleski,
Chief Bobby Allen, Jeanine McPherson, Rich DeGalan, Patricia
Rosen, Brian Owen and Derrick Renauld. And this item is sponsored
by Commissioner Hiller. If you'd step forward and receive your
proclamation, please.
Page 19
January 27, 2015
COMMISSIONER FIALA: While our people are stepping
forward, would you mind me just inserting one little comment? And
that is Dr. Vetter, who has been in charge of the swimming program
trying to save children's lives has also been an instrumental part of it,
even though he cannot be here today. Just wanted to make sure he was
mentioned.
(Applause.)
COMMISSIONER HILLER: For those of you who don't know,
we in Collier County actually made the Guinness Book of World
Records as a result of this event. And it's absolutely amazing.
Congratulations to all of you for what you've done.
COMMISSIONER TAYLOR: And just so you know, I
participated in the world's largest swimming lesson, and --
COMMISSIONER FIALA: I was there too.
COMMISSIONER HILLER: We were all there.
COMMISSIONER TAYLOR: Were you swimming?
COMMISSIONER FIALA: No, I can't swim.
COMMISSIONER TAYLOR: No, I was swimming.
COMMISSIONER HILLER: Did you swim?
COMMISSIONER TAYLOR: I was teaching.
COMMISSIONER HILLER: Oh, my God, that's awesome.
COMMISSIONER TAYLOR: Yeah, it was --
CHAIRMAN NANCE: Is anyone going to -- excuse me, go
ahead, ma'am.
COMMISSIONER TAYLOR: And one thing you should know
about Bradie, she is the superintendent of the River Park Pool. But I
can tell you that that event and the children came by busload after
busload after busload. I mean, if anyone's seen any photographs or if
we can get a photograph, it needs to be posted on our website, because
it was extraordinary. It ran like clockwork. And that lady over there is
the reason why. And all of you. But Bradie, you were the one that
Page 20
January 27, 2015
organized it, I know that. So we're very happy that you're part of it.
MS. ALLEN: Thank you.
MS. DiGRIGOLI: Thank you, Commissioner Taylor. Thank you
Commissioner Hiller, Commissioner Nance, Commissioner Fiala and
Commissioner Henning. My name is Paula DiGrigoli, I'm executive
director of the Safe and Healthy Children's Coalition under NCH.
It's my honor to accept this proclamation on behalf of the 30
agencies that helped us to break this Guinness (sic) of World Record.
On June 20th of last year at Sun 'N Fun Lagoon there were 1,308
participants that were in the water, like Commissioner Taylor was
saying. It was a nightmare, personally.
Like Commissioner Taylor was saying, we had kids from all over
Collier County coming from Boys and Girls Club, the Special
Olympics, Grace Place and also Collier County Parks and Recreation,
that Patricia Rosen from Parks and Recreation helped us to coordinate.
It was an unbelievable community effort to get those many kids
and volunteers, over 300 volunteers, help us to accomplish this.
This event was part of a worldwide initiative that is called the
World's Largest Swimming Lesson, which has been happening for
almost five years.
Last year also the world-wide event broke a Guinness world
record. There were 36,000 participants and 22 countries all around the
world. And the message that we all wanted to send very strong was
swimming lessons save lives.
For our local community setting a Guinness World of Record
(sic) shows that -- is a testament of the county's mission of the
importance of water safety. Drowning is the leading cause of death for
children ages one to four in Collier and also in Florida. But I'm happy
to report that in 2014 we did not have any child death.
(Applause.)
MS. DiGRIGOLI: The following, even though we had over 30
Page 21
January 27, 2015
agencies helping us to accomplish this once-in-a-lifetime event, there
are seven or eight agencies that we could not have done it without their
support. Collier County Parks and Recreation, Mr. Barry Williams,
Jeanine McPherson, Rich DeGalan, Patricia Rosen, Derrick Renauld,
Brian Owens, the City of Naples. Bradie Allen, like Commissioner
Taylor said, she was the one that if she was going to be part, the
coalition was going to be part, because she took, you know, all the
steps to making it to be safe. And all her wonderful lifeguards and
staff.
Collier County Sheriffs Office, Sheriff Rambosk, Captain Jones,
Konnie Purcell, Sergeant Wrobleski, Collier County EMS, Chief
Kopka, Chief Bobby Allen, American Red Cross, North Collier
Rescue, Carolyn Rambosk and all her wonderful time, T2 Aquatics.
And also, like Commissioner Taylor said, we had three
commissioners there: Commissioner Fiala and also Commissioner
Hiller was there. And also we had the director of the Collier County
Health Department, Stephanie Vick was also helping us.
As you can see, it was a wonderful community event. I don't think
that we can ever do this again. And I don't think anyone around the
world will be able to do such a crazy event to have that many people in
the water. Thank you so much.
COMMISSIONER FIALA: Could I just say something?
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. First of all, Paula, if anybody
wants something organized, you call her. She never lets a ball drop.
She's got everything always going smoothly. And I know that because
we've worked together now on the life jacket program. And she's been
placing life jackets -- well, the whole group really, and Collier County
has done a major part in that -- of placing stands to hold life jackets
now in different sizes at all of the swimming places where no children
-- no guidance for the children is located. And that started after the
Page 22
January 27, 2015
little one died in East Naples at the Sugden Park. And ever since then
they've been pulling them out. So maybe that's why we haven't had any
deaths this year. I thank you for all your work.
MS. DiGRIGOLI: Thank you for your continued support. Yes,
we are achieving and sustaining a zero drowning rate in Collier
County. Thank you.
CHAIRMAN NANCE: Commissioner Taylor, then
Commissioner Hiller.
(Applause.)
COMMISSIONER TAYLOR: Paula, I want to thank you for
your leadership, for your vision, for what you've done. We met several,
several years ago in a very small meeting in a very small office where
you were talking to foster parents. And what you've done in your
persistence and my witnessing how if certain schools aren't so willing
to maybe do swimming lessons that you come back and you come
back, and you're also very positive and you keep your vision, and you
are to be congratulated for that.
And just so you know, part of the program is to go to the day
care/nursery schools throughout the county and to offer free swimming
lessons so that every child leaving that school and going to public
school knows how to swim. That's what this organization does. It's so
important to our community and I really want to thank you for it.
MS. DiGRIGOLI: Thank you, Commissioner. And honestly, you
know, I'm very blessed to do what I do, to work with unbelievable
people, because no one agency and one person can do this by himself.
And if we can save one life, we have done a great job.
And the program that you're talking, the swim central, is funded
by the Naples Children Education Foundation, which they raised
millions of dollars this past weekend and we -- all the funding that we
get for the program is from them. And every year we do 1,000 children
that go through the 10-day water safety program. Thank you.
Page 23
January 27, 2015
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: Everyone that you have recognized
deserves recognition, but I also want to specifically say thank you to
Patricia Kernan and to Barry Williams and the staff of Parks and Rec,
because the bottom line is without their making the regional pool at
North Collier available and for having organized this event from the
county's side the way they did, it really could not have happened and
would not have been the success it turned out to be. So staff thank you.
And Leo, if you would recognize them by way of a letter, I would
really appreciate it. Because what they did was just unbelievable.
Donna and I were there, we were not in the water with Penny, we left
that to her. But we were ready to save her in case she had a problem.
COMMISSIONER FIALA: Yes.
COMMISSIONER HILLER: But please let staff know how much
we appreciate them. Thank you.
MR. OCHS: Appreciate your comments on behalf of the staff.
CHAIRMAN NANCE: Yes, because drowning is the number one
cause of death of young children in the county, it is very fitting that we
have -- and wonderful that we have so many agencies. And we must --
the Board of County Commission needs to stay vigilant on this topic.
I know it has also been, because it's a tremendous statistics in the
Hispanic demographic, it is among the highest priorities of the Council
of Hispanic Business Professionals, because our leading demographic
with young children is extraordinarily affected and afflicted by this.
Because we are a waterfront community, this is a task in which we
need to stay vigilant. And I thank everybody for their coordinated
effort. Thank you very much.
Next proclamation?
Item #4C
Page 24
January 27, 2015
PROCLAMATION DESIGNATING JANUARY 31-FEBRUARY 6,
2015 AS COLLIER COUNTY REPUBLICAN WOMEN'S WEEK —
ADOPTED
MR. OCHS: Proclamation 4.0 is a proclamation designating
January 31 through February 6th, 2015 as Collier County Republican
Women's Week. To be accepted by Mike Lyster, Collier County
Republican Executive Committee Chair; Irina Cooper, Collier County
Republic Committee; Jan Glassman, Collier County Republican
Executive Committee; Priscilla Grannis, Women's Republican Club of
Naples Federated; Cindy Lyster, Collier County Republican Executive
Committee; Charlina McGee, Collier Republican Club, and Diane Van
Parys, Republic Women of Southwest Florida Federated. I hope I got
them all. Sponsored by Commissioner Fiala. Thank you.
(Applause.)
COMMISSIONER HILLER: Would someone like to speak?
MS. LYSTER: Thank you so much. I think we all know the work
that the Republican women do in this county. They help get out the
vote. You see them all over working for candidates. But beyond that,
they help to educate voters. Women are the majority of voters in this
country, and being educated on the important issues help them make
the important decisions. And certainly we see that in the County
Commission and throughout the county. So thank you so much.
The next week we do have a number of events going on. Saturday
evening we have Collie Furina (phonetic) coming in and she's going to
be speaking at the Golisano Children's Center. And she speaks very
much about the importance of women being involved, and the
person-to-person interaction is so important in this country to make
sure that our elections go well. Thank you so much.
CHAIRMAN NANCE: Thank you very much.
(Applause.)
Page 25
January 27, 2015
Item #4E
PROCLAMATION DESIGNATING FEBRUARY 20, 2015 AS
FREEDOM MEMORIAL FUNDRAISING DAY — ADOPTED
MR. OCHS: Item 4.E is a proclamation designating February
20th, 2015 as Freedom Memorial Fundraising Day. To be accepted by
Freedom Memorial Foundation representatives Greg Speers, Rich
Gibbons and Jerry Ladue. This item is sponsored by Commissioner
Henning. If you'd please step forward.
(Applause.)
MR. SPEERS: Just a word or two. Please let me know when my
30 minutes are up here.
The Freedom Memorial Foundation would like to thank you for
this wonderful proclamation that will coincide with our gala fundraiser
on February 20th.
If folks in the room didn't know, Jerry Ladue, who is up there
with us, is the designer of the Freedom Memorial. Transplanted from
the Boston area, Jerry?
MR. LADUE: Yeah.
MR. SPEERS: And a permanent resident of Naples now. So he's
going to be real proud of this here we think in a few short months.
Just a quick comment about Peter Thomas. What a wonderful
individual. And I hope he sees this and knows how much he's
appreciated, admired, respected and loved.
And the same thing with us folks from the Freedom Memorial
Foundation. Peter, as was mentioned, did the voice on our commercial,
which can be found at collierremembers.org. I think it still appears on
the county channel I believe as well. And also Peter is a supporter and
a very robust contributor to Memorial fundraising efforts as well. So
our best to Peter Thomas, wish as well that he was here this morning.
Page 26
January 27, 2015
So the fundraiser, let's talk about that real quick. We won't talk
about the memorial because you can find any information you need on
the website. That's freedommemorialfoundationofnaples.org. You can
find out how to buy a brick there, how to buy a ticket for the fundraiser
coming up February 20th, or just more information on the memorial.
But I can tell you this, this sort of ugly duckling that you drove
past the last several years, actually this effort started in '04, so we've
been at it 11 years. But the Freedom Memorial at Golden Gate
Parkway and Goodlette Road is finally going to reach its fruition when
we get this fundraising underway. So that little ugly duckling is going
to turn into one day soon we think a magnificent swan.
And if you can, the fundraiser is -- we've already got several
contributors, as a matter of fact. Our first $100,000 contributor has
come forward, and that's going to be a huge help. We need about 1.2
million. Because I'm telling you, that curbed granite that's going to
look like a waving American flag and those beautiful subtle colors of
red, white and blue does not come cheap. But it is -- we've contracted
with a local quarry in Texas, actually in this country, for that granite.
But the granite on both sides of the memorial and the flag staffed with
the globe and the eagle on top are going to be magnificent when done.
Donna, thank you so much for your contribution buying a brick
and buying a ticket for the fundraiser. We'll see you there. I might be
serving you some steak that's donated from Shula's Steakhouse. But
we're going to have a great time. Thank you once again for --
CHAIRMAN NANCE: Remind everybody, sir, when the event
starts on February 20th?
MR. SPEERS: It starts -- thank you, Commissioner Nance. It
starts at 6:00, and that's cocktail hour. The dinner's actually at 7:00 --
CHAIRMAN NANCE: That's not 6:00 a.m., right?
MR. SPEERS: We hope not. But if you want to get there early,
but that is 6:00 in the evening.
Page 27
January 27, 2015
CHAIRMAN NANCE: And all donations are tax deductable.
MR. SPEERS: They are now, certainly --
CHAIRMAN NANCE: I think that's very important.
MR. SPEERS: Thank you to Jerry Sanford for following through
with that. We're now a 501C.3, so yes, they are legally tax deductible
now, all donations.
CHAIRMAN NANCE: So we'll see you on February 20th.
MR. SPEERS: I will be there. Thank you very much, folks.
(Applause.)
CHAIRMAN NANCE: I'm going to make a motion to approve
today's proclamation. Is there a second?
COMMISSIONER FIALA: Second.
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: It passed unanimously.
MR. OCHS: Thank you, Commissioners.
Item #5A
PRESENTATION OF THE STATE SURGEON GENERAL
HEALTHY WEIGHT COMMUNITY CHAMPION 2015
CERTIFICATION TO THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS FOR IMPLEMENTING A VARIETY
OF POLICIES THAT HAVE BEEN SHOWN TO INCREASE
PHYSICAL ACTIVITY AND IMPROVE NUTRITION.
PRESENTED BY STEPHANIE VICK, ADMINISTRATOR,
COLLIER COUNTY DEPARTMENT OF HEALTH — PRESENTED
Page 28
January 27, 2015
Mr. Chairman, that takes us to Item 5, presentations. Item 5.A is a
presentation of the State Surgeon General Healthy Weight Community
Champion 2015 certification to the Collier County Board of County
Commissioners for implementing a variety of policies that have been
shown to increase physical activity and improve nutrition. To be
presented by Stephanie Vick, administrator of the Collier County
Department of Health.
Ms. Vick?
MS. VICK: Good morning, Mr. Chairman, and members of the
Board.
It's my pleasure to present our Florida Surgeon General, Dr. John
Armstrong's Healthy Weight Community Champion Award to Collier
County.
This award is given to municipalities for their efforts to promote
health in the built environment. The application, which you all should
have a copy of, identifies several areas where our local built
environment is conducive to promoting health. You'll also note when
you review it that there are still items to consider. If we want to
provide for generations to come and for further improvement, we need
to make healthy choices and easier choices.
The good news is our 193 miles of sidewalks, which are
increasing annually, as well as our nature trails and county parks, our
robust park system, which makes us only one of five Florida counties
to achieve accreditation through the Commission for Accreditation of
Parks and Recreation agencies, our growing number of mixed use
developments such as Mercado, Ave Maria and Bay Front that
combine retail and grocery shopping, restaurants and entertainment
options within walking distance of residents, our CAT Public Transit
achievement as the Outstanding System of the Year from the Florida
Public Transportation Association, multiple county and community
partnerships that promote safety programs. We just saw one. Examples
Page 29
January 27, 2015
include Collier County Sheriffs Office Hot Summer Nights, NCH Safe
and Healthy Children's Coalition's Life Jacket Loaner Program, and the
Health Department's assistance in providing bicycle helmets to
daycares, and many others.
Special recognition goes to Tim Durham, Executive Manager of
Corporate Business Operations, who took the lead on gathering this
information and submitted it for recognition.
I also want to thank the following for their collaboration with
Tim in gathering the information to complete the comprehensive
application. And perhaps they could stand up whenever I say their
name. Commander Beth Jones of the Collier County Sheriff Office;
Stacy Revay, Transportation Planning Project Manager, bicycle and
pedestrian coordinator for Collier County; and Deborah Chesna,
Healthy Communities coordinator for the Florida Department of
Health, Collier County.
I want to thank you specifically for your support of staff and
programs that help promote health in the built environment in Collier
County.
(Applause.)
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: Thank you. I do want to
congratulate you for everything you've done and your staff Collier
County is committed to healthy living. And, in fact, statistically now I
believe, and correct me if I'm mistaken, that in terms of life expectancy
of women, it's heralded to be the longest in Collier County than
anywhere else.
I think we have to have a goal. And I think our goal is we need to
beat Boulder, Colorado. I think it should be C before B. And I think we
can do it, actually be overall the healthiest community in the country.
MS. VICK: I think that that is correct.
And things that we do like this are things that are included. I'm
Page 30
January 27, 2015
putting in a plug for Dr. Weiss's the hospital blue zones.
COMMISSIONER HILLER: Absolutely.
MS. VICK: Those are the types of activities that we can do that
will make us the healthiest county not only in Florida but in the U.S.
COMMISSIONER HILLER: Absolutely.
And Leo has done an outstanding job through Risk Management
to develop programs for staff that promote healthy living. I mean, we
have yoga in the atrium of the courthouse as an example. I mean, who
else does that? So it's like really awesome. Go down, dawg.
MS. VICK: Thank you.
CHAIRMAN NANCE: Mr. County Manager, I'd like to
backtrack just one moment. I want to apologize to Commissioner
Henning for failure to recognize him on the last item. I believe he
buzzed in on the Freedom Memorial fundraising. I'm afraid I'm not as
vigilant as I need to be on electronics up here, so I'd like to recognize
Commissioner Henning. I think he wants to make some comments.
COMMISSIONER HENNING: You really didn't have to do that,
but thank you.
There's a renewed effort to get the Freedom Memorial completed,
the Memorial on Golden Gate Parkway. People like Mayor Sorey have
stepped up to the plate. Jeff Lytle. And I know there's a whole host of
others. So I feel really confident that we can get this done within the
next year. So anyways, that's it.
CHAIRMAN NANCE: Thank you, Commissioner.
My apologies once again.
Mr. Ochs?
Item #6A
PUBLIC PETITION REQUEST FROM HOLLY PARKES,
REPRESENTING 74 HOUSEHOLDS IN THE EAST NAPLES
Page 31
January 27, 2015
AREA, REQUESTING THAT THE BOARD DESIGNATE A
PARCEL OF COUNTY OWNED LAND ON WHITAKER ROAD
FOR A FENCED DOG PARK, AND AUTHORIZE SUPPORTERS
OF THE PROPOSED DOG PARK TO BEGIN FUNDRAISING
EFFORTS — MOTION DIRECTING STAFF TO BRING THIS ITEM
BACK TO A FUTURE BOARD MEETING WITH MORE DETAILS
REGARDING FEASIBILITY — CONSENSUS
MR. OCHS: Mr. Chairman, that takes you to Item 6 on your agenda
this morning, Public Petitions. Item 6.A is a public petition request
from Holly Parkes, representing 74 households in the East Naples area,
requesting that the Board designate a parcel of county-owned land on
Whitaker Road for a fenced dog park and authorize the supporters of
the proposed dog park to begin fundraising efforts.
COMMISSIONER HENNING: I'm going to make a motion to
direct staff to bring this back with more details. I would like to know if
it's feasible to actually create a dog park in this area.
COMMISSIONER FIALA: And I'll second that motion, by the
way.
MS. PARKES: Thank you.
COMMISSIONER HENNING: I read your petition and I agree.
If we can do it, let's see what we can do.
MS. PARKES: Thank you. Thank you.
COMMISSIONER HILLER: And I agree. And as you know, I've
always been an avid supporter of dogs and dog parks. And now for the
first time in the history of Collier County we can walk our dogs on a
leash in the Collier parks. And I really want to see every district, each
one of the commissioner districts, have their own dog park, because it
would be a beautiful thing so you don't have to travel north to, you
know, enjoy the freedom of your dog running without a leash.
Page 32
January 27, 2015
Naples has a beautiful dog park that they built, which I love. And
so I really do applaud Commissioner Henning for recommending that
this be given to staff and brought back to the Board for consideration.
And I'm sure if it proves to be successful and if you can get it
done, that other communities will try to do the same thing. And it's that
kind of self-motivation and self-supporting project that makes it easy
for us to create even more amenities for the public without raising
taxes.
COMMISSIONER HENNING: We should open up Conservation
Collier for --
CHAIRMAN NANCE: Any other board comments?
(No response.)
CHAIRMAN NANCE: Ms. Parkes, I guess you're going to be
working together with staff to bring this back as an agenda item.
Would you like to hold your comments until that time since you seem
to have unanimous support at this moment? You don't want to talk
anybody out of it, do you?
MS. PARKES: I don't want to talk anybody out of it.
CHAIRMAN NANCE: Absolutely. Well, then if you'd like to
hold your comments until it comes back as a full agenda item, we will
-- we'll go to work on it.
MS. PARKES: Is that your recommendation?
CHAIRMAN NANCE: That is the --
MS. PARKES: Is that a good idea?
CHAIRMAN NANCE: I see nods all across on the dais here.
COMMISSIONER TAYLOR: It's unanimous.
CHAIRMAN NANCE: It's unanimous, ma'am. So we're going to
bring it back. Thank you very much.
MS. PARKES: Thank you very much.
(Applause.)
Page 33
January 27, 2015
Item #10A
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS DETERMINE IF THE COUNTY MANAGER'S
ORDINANCE MEETS THE FLORIDA STATUTES SEC. 125.74(K)
AND IF DETERMINED NECESSARY DIRECTS THE COUNTY
ATTORNEY TO AMEND THE COUNTY MANAGER'S
ORDINANCE TO REQUIRE THE COUNTY MANAGER TO
BRING ALL DEPARTMENT DIRECTORS BEFORE THE BOARD
OF COUNTY COMMISSIONERS FOR CONFIRMATION, TO
ADVERTISE THE PROPOSED AMENDMENT, AND TO BRING
THE AMENDED ORDINANCE BACK TO THE BOARD FOR
CONSIDERATION AND POTENTIAL ENACTMENT — MOTION
FOR THE COUNTY MANAGER TO RETITLE/RESTRUCTURE
THE ORGANIZATIONAL STRUCTURE UNDER HIS
AUTHORITY TO CONFORM WITH FLORIDA STATUTES;
COUNTY ATTORNEY TO ADVERTISE AN AMENDMENT TO
THE ORDINANCE — APPROVED
MR. OCHS: Mr. Chairman, that brings us to Item 10, Board of
County Commissioners. Item 10.A is a recommendation that the Board
determine if the County Manager's ordinance meets the Florida
Statutes. And if necessary, direct the County Attorney to amend the
ordinance to require the County Manager to bring all department
directors before the Board for confirmation. This item was brought
forward by Commissioner Henning.
COMMISSIONER HENNING: Yeah, I had this on the agenda in
the past and agreed to take it off until the time research could be done.
And that was conducted and presented to me by the County Manager
and Deputy County Manager.
And you know that it's our duty to make decisions based upon
Page 34
January 27, 2015
law, lawful laws and lawful decisions. The -- and you know that we
cannot delegate our authority given to us.
So it was brought to my attention doing some research on people
that have been involved in county government for a long period of
time, the Florida Statutes that provide the provisions of 125.74 in this
particular issue was actually done in the seventies. At that time there
was very little governmental departments within county government.
And what I was told, there was actually, you know, one person in
charge of several departments making those day-to-day decisions.
And that is why we have what we have today as far as confirming
administrators for divisions and not departments.
So, you know, I come to the conclusion that we need to give the
County Manager -- take him off the hook for potentially making the
wrong decision and say to the Board well, you know, you helped me in
that decision, you confirmed that person for that department. So that's
where I'm at with that.
CHAIRMAN NANCE: Commissioner Hiller, then Commissioner
Fiala.
COMMISSIONER HILLER: Commissioner Henning, thank you
for bringing this forward. Because this is something I looked at back
when we were amending the County Manager's ordinance.
And, you know, I agree with you, I think we absolutely need to
conform to the Statute. And so what I see as the problem is not what
you're bringing out but rather that we need to retitle the staff under the
County Manager to conform with the Statute. And once you do that,
the issue that you're concerned about goes away and there's no need for
us to get involved.
So I would like to make a motion to direct the County Manager to
retitle and essentially in effect as a consequence restructure the
organization under him to conform with the Florida Statute.
And I had asked the County Manager if he had put together an
Page 35
January 27, 2015
organizational chart when he sent out, you know, copies of the
organizational chart, you know, when -- along with this agenda item.
And it solves the issue. And I think that's all that needs to be done.
And County Manager, would you put this on the overhead so
everyone can see that it just takes care of itself by doing that? And then
we're all set. There you go.
And that's what the Statute provides. And then, you know, we
continue to vote the way we have and the titles are in conformance
with Statute.
MR. OCHS: Yes, ma'am. Commissioners, if that's what you'd like
to do. I would recommend that I be directed to bring your classification
system back, as I bring it to you every year, with the amendments, as
Commissioner Hiller suggested. And we'll simply make the division
administrators department heads and make the department directors
division directors and that will solve the technical glitch, if you will,
that's existed frankly in this ordinance since 1980. So --
COMMISSIONER HILLER: And I think it's important to do,
because it's so confusing not to be able to see, you know, how it works
when you read the Statute. And I think this just takes care of
everything.
COMMISSIONER TAYLOR: I'd like to make that motion to do
that.
COMMISSIONER HILLER: Thank you. That's a second?
CHAIRMAN NANCE: That's a second.
COMMISSIONER HILLER: Thank you very much.
COMMISSIONER TAYLOR: No, I'm making the motion.
COMMISSIONER FIALA: You're seconding it.
COMMISSIONER HILLER: I already made the motion, so you
can just second it. Thank you.
COMMISSIONER TAYLOR: I second it.
CHAIRMAN NANCE: All right, Commissioner Fiala, before we
Page 36
January 27, 2015
go to further comment.
COMMISSIONER FIALA: Thank you. All I wanted to say was
I think that that's a great idea. Because I think it takes politics out, and
we don't want to get involved in that, and let the County Manager do
his job the way it should be done. Thank you.
COMMISSIONER HILLER: But it also does what
Commissioner Henning wants, and that is it conforms the structure to
the Statute. And that's what we need. And it just wasn't that way
before. So thank you very much for your support, Commissioners.
CHAIRMAN NANCE: Yes, I think that it's necessary from time
to time to look at your organizational structure. And Commissioner
Henning gratefully supplied a lot of information on this topic. And it
basically says that the Statute doesn't define what a department head is.
So really, we need a structure so that everybody understands
which of our management members report directly to the County
Manager. And of course those are the divisions and agencies or
departments, whatever you want to call it, that are the most important.
And of course those are the individuals that are the most talented
members of our team here in the county. And of course typically those
individuals are the ones that are -- that typically move up as they
succeed and grow as managers in our county and perhaps might even
exceed one day to the position of County Manager or other very
important positions.
So I don't have any problem. I can certainly support the motion.
But I think we also ought to let Mr. Ochs come back with his new
diagram. If he wants to make any minor changes at this time, I think it
would be appropriate for him to do so.
COMMISSIONER HILLER: Can I ask --
CHAIRMAN NANCE: Excuse me, ma'am.
If he would like to make some thoughtful changes at this time as
we retitle so that everybody understands clearly what's going on. And I
Page 37
January 27, 2015
can certainly support that motion.
Commissioner Hiller --
COMMISSIONER HILLER: Yeah, I just --
CHAIRMAN NANCE: -- and then Commissioner Henning.
COMMISSIONER HILLER: Just on that point, Leo, is what you
have here what you would present at the -- at a follow-up meeting, or
is what you have here what you say conforms with the Statute and
you're fine with it?
MR. OCHS: Commissioners --
COMMISSIONER HILLER: Because we could vote on it like --
and we could accept it now and be done with it, we don't have to have
yet another agenda item come forward.
MR. OCHS: If I understand your question, ma'am, I was not
planning at this particular time to come to the Board with a
recommended reorganization of your county staff. But --
COMMISSIONER HILLER: Well, this is not a reorganization,
this is --
MR. OCHS: No, I'm responding to Commissioner Nance in some
regard.
We have four divisions. I'm constantly looking at whether that fits
today's environment and today's business needs. If at any time I feel
we need to revisit that, I always would bring that to the Board for
discussion.
CHAIRMAN NANCE: So you're comfortable with this as
presented?
MR. OCHS: Yes, sir.
CHAIRMAN NANCE: I just wanted to make sure you were
comfortable with this, because this was presented to you kind of on the
fly here this morning.
COMMISSIONER HILLER: No, he actually presented it to me.
CHAIRMAN NANCE: Oh, okay, all right.
Page 38
January 27, 2015
MR. OCHS: Commissioner Hiller asked me what it would look
like if it complied with the Statute.
CHAIRMAN NANCE: I stand corrected.
MR. OCHS: And this is what it looks like, sir.
CHAIRMAN NANCE: Thank you. So you're completely
comfortable with it?
MR. OCHS: Yes, I am.
COMMISSIONER HILLER: So then let me amend my motion.
And Commissioner, and if you don't mind seconding that amendment.
And that would basically be to accept the organizational chart as
presented by the County Manager as the new organizational chart for
staff, and titled in conformance and structured in conformance with
Statute.
COMMISSIONER TAYLOR: I agree to the amendment.
COMMISSIONER HILLER: Thank you.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: Yeah, it looks like it's almost
fixed. It looks pretty good. The -- now, per our ordinance we hire a
county manager, we confirm administrators for the divisions, and we
confirm the deputy county manager.
And then during the whole reorganization that was created, you
took growth management and transportation and combined it into one,
so you had one administrator. And then it was -- created a deputy
administrator. And it was a very good choice to do that. So wouldn't it
make sense if there's any other deputy administrator needs to be
confirmed by the Board of Commissioners? Because they're, you
know, in lockstep with the down-flow of the departments.
MR. OCHS: In my opinion, no, sir. I mean, that begins a slippery
slope, where do you stop --
COMMISSIONER HENNING: Well, we're going to stop right
there.
Page 39
January 27, 2015
MR. OCHS: -- departments or line managers?
COMMISSIONER HENNING: Are (sic) you anticipate having
any deputy administrators in the future?
MR. OCHS: No, sir, but I don't know. As we said, we look at the
organization every year as we prepare our budget. Some of these
organizations are again with the growth in the population and the
growth and the demands for service, we have some large divisions
with large responsibilities. So I can't say that I would never consider
that, sir, no.
COMMISSIONER HENNING: Okay. Well, you know, if the
ordinance complies to Florida Statutes, why do we confirm a deputy
county manager? And it's because that deputy county manager has a
lot of say-so of those divisions and departments, just like the
administrators would. I think that's the whole inference of it.
So anyways, I think that needs to be looked at at another time. So
we're not delegating our authority. So I support the motion.
CHAIRMAN NANCE: Well, certainly if we make changes to the
organizational structure or we split a division or something, well, then
we would have to reconfirm what goes on with that at that point. I'm
seeing everybody nodding, if that's acceptable to the motion maker.
Any other comments?
MR. KLATZKOW: You're going to need to amend your county
manager's ordinance if you're going to do this. That's a cleanup item. It
doesn't have to come back as a regular agenda item.
COMMISSIONER HILLER: Yeah.
CHAIRMAN NANCE: Let's add that to part of the motion.
COMMISSIONER HILLER: I'll make it part of the motion --
CHAIRMAN NANCE: And the second?
COMMISSIONER HILLER: -- to have the County Attorney
amend the ordinance accordingly.
CHAIRMAN NANCE: Any further comments?
Page 40
January 27, 2015
(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: All right, thank you very much.
COMMISSIONER HENNING: Thanks for the help on that one.
Worked out great.
Item #10B
RESOLUTION 2015-24: APPOINTING COMMISSIONER NANCE
AND COMMISSIONER TAYLOR TO THE SOUTHWEST
FLORIDA REGIONAL PLANNING COUNCIL TO 1-YEAR
TERMS — ADOPTED
MR. OCHS: Mr. Chairman that would take us to Item 10.B. It's a
recommendation to appoint two commissioners to the Southwest
Florida Regional Planning Council.
And this item -- I'm sorry, go ahead.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: And again, the time that they
meet, I am physically not available to participate.
CHAIRMAN NANCE: Commissioner Henning is officially out
of the running.
Commissioner Fiala?
Page 41
January 27, 2015
COMMISSIONER FIALA: Yes, I have the same problem. I tried
to do it a couple years ago, but to race from Marco Island back to the
other end of Lee County, it took me two hours. And so I couldn't go to
the first meeting that I had to go to for which I'm an officer, so that
became a problem for me. So I would beg that you would put me out
of the running too.
CHAIRMAN NANCE: With Commissioner Fiala now officially
out of the running, Commissioner Hiller, I think there's a conspiracy.
You and I are currently the members. Let me make one comment and
try to add a little to this.
I have personally participated as one of the Board's designated
members of the Southwest Florida Regional Planning Council. The
Southwest Florida Regional Planning Council I think has always been,
in my experience, an organization with great potential but it's kind of
underachieved.
I regret to inform the Board that there's apparently items before
the legislature now to completely change the way the regional planning
effort is conducted. And of course those of you that have paid attention
have known that the planning councils have been basically zero funded
by the Governor for a number of years now. So we are on our own to
fund it. And Collier County funds the council to the tune of$100,000,
I believe, each year. Isn't that correct, Mr. Ochs? I believe it's 100
grand --
MR. OCHS: Yes, sir, I believe --
CHAIRMAN NANCE: -- is our portion. So it's significant and
we're not getting any help from the state.
So I will volunteer to stay on that for the time being. I don't know
how long it's going to continue. I hope that you guys are not going to
leave me like Braveheart here all by myself.
Commissioner Hiller, I'm not going to let you off the hook. I hope
that Commissioner Taylor has something to say before I move to
Page 42
January 27, 2015
Commissioner Hiller, because I'm afraid what she's going to say.
COMMISSIONER TAYLOR: Well, see, I'm aware of the
Southwest Florida Regional Council from my time on the City
Council. And I would agree with your comments. And if we are
funding them to the tune of$100,000 and they are underachieving,
then we need to look at this again, and maybe we're the county to look
at it.
CHAIRMAN NANCE: Well, I will say -- that having been said,
and I'm the one that brought that up, but I will tell you that the
Southwest Florida Regional Planning Council on our legislative
agenda this year was of great value to us. And they sent resolutions in
support of our request from multiple counties.
So what I'm saying is that this actually can be a very powerful
agency if it finds its way. And, you know, we've got a very, very
capable representation also from Collier County in Mr. Reynolds and
Mr. Mulhere, who are appointed by the Governor. And I believe the
current City of Naples representative is Councilwoman Heitmann.
However, the City of Marco Island does not currently have a member
in attendance, so Marco Island is going out without representation.
And I think really if this entity is going to continue, we need to raise
our profile in this organization and not let it slip away if it does
continue.
Commissioner Hiller?
COMMISSIONER HILLER: Thank you. And thank you
Commissioner Taylor and Commissioner Nance for taking up the
positions of sitting on that board.
I do think we need to revisit what we are getting out of that board
as a community, because 100,000 is a great deal to be spending, and
we need to be sure we're getting the return on that investment. So I
would like to ask if the County Manager would look into that and let
the Board know what we are getting back and whether or not that is a
Page 43
January 27, 2015
worthwhile investment for us at this time.
And with that, I wanted to say that no, I was not planning on
sitting on that board. Wait a second --
CHAIRMAN NANCE: I'm confused here.
COMMISSIONER HILLER: Wait, hang on a second.
CHAIRMAN NANCE: I did not hear Commissioner Taylor say
that she wanted the position.
COMMISSIONER TAYLOR: Thank you.
COMMISSIONER HILLER: Oh, I thought she wanted it. I
thought it was clear.
CHAIRMAN NANCE: No, I'm not going to let you --
COMMISSIONER HILLER: Didn't she say that?
CHAIRMAN NANCE: -- off the hook that easy.
COMMISSIONER HILLER: Well anyway, I can't participate --
CHAIRMAN NANCE: Things are out of control here.
COMMISSIONER HILLER: Yes, they are. We're wild and crazy
up here on the Board.
CHAIRMAN NANCE: Mr. Durham is throwing a red flag up
over here. Let's drop back to Commissioner Taylor --
COMMISSIONER HILLER: Hang on a second. Can I finish my
comments?
CHAIRMAN NANCE: Go ahead.
COMMISSIONER HILLER: I wanted to announce that I've just
been appointed to the Florida Bicycle Pedestrian Partnership Council,
which is part of the Department of Transportation statewide initiative
with respect to bicycle and pedestrian safety and promoting both
Florida as a bicycle friendly and pedestrian friendly state. So I was
very honored to accept that statewide appointment, which adds to my
other duties. And it is a very, very important statewide council to sit
on, and it is an honor to be appointed to --
CHAIRMAN NANCE: So you're going to ride your bicycle to
Page 44
January 27, 2015
the Regional Planning Council meetings, is that what you're telling
me?
COMMISSIONER HILLER: No, I'm telling you that -- and
there's actually another commitment that I've been asked to participate
in which I feel I can't decline.
Leo, did you have an opportunity to talk to President Bradshaw?
MR. OCHS: Yes, ma'am, I did. He's going to be forwarding, he
tells me, a request to the Commission for a commissioner to sit as a
liaison with the University on regional education matters. So you can
expect that coming for board consideration here fairly soon.
COMMISSIONER HILLER: The president of FGCU has asked
me if I would be the liaison. And the reason he asked is because we've
been working very, very closely with him in higher education in the
region as part of our economic development initiative, and so he asked
if I would be the liaison to the university to -- on behalf of the board to
work with promoting programs that will help foster economic
development, among other initiatives that will benefit our community,
and that will be forthcoming for your approval.
So as a result, I mean, my plate is full. So I would love to see
Commissioner Taylor, if you would take it on.
And the one thing that would really be good, you know, we've all
done it. And while I understand you might have done it on the council,
when you're representing the county, you focus on different issues.
And I think as an introduction, you know, with you being new to the
Board, you don't have to drive, you can actually attend by phone. So
that is definitely --
CHAIRMAN NANCE: For all the members, they can attend by
phone, and there's a way for you to do that.
So you're telling me that you're no longer interested.
Commissioner Taylor, back to you. I want to clarify what you
wanted to say, and then I'm going to go to Commissioner Fiala.
Page 45
January 27, 2015
COMMISSIONER TAYLOR: Well, I mean, it seems like by
default.
COMMISSIONER HILLER: I dub thee. Or we dub thee.
COMMISSIONER TAYLOR: Yeah, and I think it would be very
helpful if we did it by phone and also that we would be able to
alternate and then look at it again next year.
COMMISSIONER HILLER: Absolutely.
CHAIRMAN NANCE: Commissioner Hiller, would you be
willing to serve as an alternate?
COMMISSIONER HILLER: No. I've done my tour of duty. And
I have two things that I just added to my already incredibly full plate,
so --
CHAIRMAN NANCE: You described them to us.
Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you very much.
We might -- this is just a suggestion for your approval. We might
want to drop Marco Island City Council a note to let them know that
we're paying $100,000 toward this group, but maybe they would like
to have input with it as well, because it affects everybody in the region.
And it's already paid, all they have to do is get there. And maybe they
don't even realize this is going on.
COMMISSIONER HILLER: Great. I agree.
CHAIRMAN NANCE: I believe we need to reach out to them,
because they do -- one of the groups on the council that is most active
is actually Sanibel Island, because they're concerned with regional
water issues. And I know Marco Island is going to share some of those
same issues.
COMMISSIONER FIALA: Right. And then the second thing I
wanted to say was we had a speaker here a couple meetings ago, Judy
Hushon, and she said she was hoping that we would tackle the issue of
sea level rise. But at the same time she said she felt it would be better
Page 46
January 27, 2015
regionally, you would get a better spirit of cooperation with all of the
areas that are located along the water communities. And so this
possibly would be something that you could bring to the Regional
Planning Council when you go as our representative.
CHAIRMAN NANCE: All right. Any other comments?
(No response.)
CHAIRMAN NANCE: All right, I'm going to make a motion
based on the declarations of others that myself and Commissioner
Taylor be appointed as the commissioners for the coming year in the
Southwest Florida Regional Planning Council.
COMMISSIONER FIALA: Second.
CHAIRMAN NANCE: There's a loud second from --
COMMISSIONER HILLER: Third.
CHAIRMAN NANCE: -- a non-participate.
All those in favor?
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, thank you.
COMMISSIONER HILLER: And again, I think ifs really
important that we evaluate the return on that investment of$100,000.
CHAIRMAN NANCE: Yeah, and it may be a non-entity if
reorganization goes forward.
All right, sir.
Item #10C
Page 47
January 27, 2015
RECOMMENDATION TO ADOPT A RESOLUTION
PETITIONING THE DISTRICT SCHOOL BOARD OF COLLIER
COUNTY, THE FLORIDA LEGISLATURE, AND GOVERNOR
RICK SCOTT TO RECLAIM FLORIDA'S EDUCATIONAL
SOVEREIGNTY AND RETURN CONTROL OF EDUCATIONAL
STANDARDS, CURRICULUM, AND STUDENT ASSESSMENTS
TO LOCAL COUNTY SCHOOL DISTRICTS — MOTION FOR
STAFF TO BRING BACK AN AMENDED RESOLUTION THAT
PROMOTES HOME RULE AND ALIGNS THE COMMISSION
WITH THE DISTRICT SCHOOL BOARD — APPROVED
MR. OCHS: Mr. Chairman, that takes you to 10.C, which is a
recommendation to adopt a resolution positioning the District School
Board of Collier County, the Florida Legislature and Governor Rick
Scott to reclaim Florida's educational sovereignty and return control of
educational standards, curriculum and student assessments to the local
county school districts. This item was brought forward by
Commissioner Henning.
CHAIRMAN NANCE: Mr. Miller, how many registered public
speakers do we have for this item?
MR. MILLER: We have 10, sir.
CHAIRMAN NANCE: We have 10. I believe that under those
circumstances and because we've had a lot of discussion so far today,
that I'm going to declare that we're going to have a 10-minute break for
the court reporter before we engage this next item. So we will return at
10:32.
(Recess.)
MR. OCHS: Mr. Chairman, you have a live mic.
CHAIRMAN NANCE: All right, sir. It is 10:32 and the court
reporter has got a little more smile on her face there. Fingers are no
longer paralyzed, at least for the moment.
Page 48
January 27, 2015
MR. OCHS: You're on 10.C, sir.
CHAIRMAN NANCE: Yes, I believe that takes us to 10.C.
Commissioner Henning, would you like to open the discussion on
this item?
COMMISSIONER HENNING: Yeah, I did what the public asked
me to do and put this on the agenda. So that's why it's there. And I'm
ready to hear the public.
CHAIRMAN NANCE: All right, we have 10 public speakers,
Mr. Miller?
MR. MILLER: Yes, Mr. Chairman. Your first public speaker is
Keith Flaugh. He's been ceded additional time from JoAnn Grey --
could you please indicate you're here, Ms. Grey?
MS. GREY: (Indicating.)
MR. MILLER: And from Yvonne Isecke.
MS. ISECKE: Yes.
MR. MILLER: So Keith Flaugh will be your first speaker. He
will be followed by Dr. Joseph Doyle.
MR. FLAUGH: Good morning, Commissioners. My name is
Keith Flaugh, for the record. I reside in Marco Island.
I'd like to start by telling you a little bit about where we are in the
process with the legislature. The Florida legislative cycle this year as
you know is very compressed and a challenging one. On January 23rd,
it was the deadline for getting legislators in the House and the Senate
to put our bill into bill writing in each of the houses.
I'm happy to report that we succeeded with that first step. Our bill
is in bill writing in both the House and the Senate.
Our work is far from over. The next few weeks we need to remain
vigilant so that the elements of the bill remain intact and that it actually
gets filed in both houses. The deadline for filing in both houses is now
February 25th.
The bill has -- this is an executive summary of the bill and I'm not
Page 49
January 27, 2015
going to go through it in great detail, but I do want you to be aware
that there's some key elements that if this bill is passed it replaces
nationally controlled common core standards with district choice for
English, language arts and math. Right now common core is
copyrighted by two NGO's, so it's legally required that the states
implement as-is.
What they've implemented also allows each state to add up to 15
percent additional content. Florida chose to add one percent to that
copyrighted content.
What we're proposing is that rather than dumbing everybody
down to the common core average standards, that each of the 67 school
districts of Collier County, for example, would be authorized a choice
of selecting from the top five states, the top five states pre-2009 in
English, language arts and math. So right now as an example
Massachusetts is recognized by the educational industry as having the
premier standards, and their test scores show it. So our Collier County
could in fact adopt the English language/arts standards for
Massachusetts. The list for math differs only slightly. It's basically the
same states except for math, they substitute Minnesota for Texas. But
the five states for English are Massachusetts, Indiana, California,
Texas and Florida. Now, Florida isn't really in the top five, but because
most of our school districts recognize where we were in 2009, we've
chosen this bill to include those.
This -- the next major item on this bill is that it reinforces that the
curriculum must be historically accurate and politically unbiased.
That's absolutely key. Many of you have been through the details that
are in our current textbooks. We haven't even been authorized to go
through what's being taught on line. We've requested that from the
school board.
And the third major item is nationally normed tests. We've all
heard that our school districts are being required to prepare for and
Page 50
January 27, 2015
take tests for up to 50 percent of the 190 days. I want to say that again,
up to 50 percent of the 190 days. What this bill would do would do
away with all of that. It would return all of that testing responsibility
with one exception back to the school districts. The only requirement
from the state, if this bill were to pass, would be one nationally normed
test.
If you could help me with this.
MR. OCHS: Yes, sir.
MR. FLAUGH: By nationally normed test -- and by the way, this
would be a pre-2009 nationally normed test, because the college
boards, David Coleman is already starting to change the college
entrance exams to reflect common core.
So this would -- for example, many of us took the Iowa Basic or
the Stanford Achievement Test. This would allow the Florida DOE to
establish a list of those pre-2009 tests, nationally normed, and then
each district would select.
Now, the chart that I put in front of you is a fascinating one. How
many of you are aware -- and I guess I'm not supposed to ask
questions, so I'll make a rhetorical one. But our school board here in
Collier County repeatedly pats themselves on the back for having eight
of our high schools be A rated schools and one out in Immokalee is a
B.
In business, and I know many of you were in business. I was with
IBM. We used to call that goal tending, where you set your own
objectives, jump over the hurdle and then claim victory.
What I have here on the graph is the ACT nationally normed tests
from 1994 to 2014. Florida has actually dropped from 47 out of 50 to
48 out of 50 on the nationally normed test. Yet with all the investment
we put in place we continue to pat ourselves on the back that our
schools are A rated schools.
If you look at Immokalee, for example, over 70 percent of our
Page 51
•
January 27, 2015
graduates in high school are graduating significantly below grade level
in math and English, reading and math. So we've got a long way to go.
We need to focus on it.
The other point I would make on this graph is common core is
just an evolution of a federal takeover. It really started many, many
years ago, but the most recent versions are Race to the Top, which
you're all familiar with, and No Child Left Behind. This is just the next
in the evolution of a federal takeover.
CHAIRMAN NANCE: Mr. Flaugh, on that topic, I'd just like to
make one comment on your graph here on the ACT. And I'm not
disputing anything that you say, and I agree with what -- that what you
do say. But what I will point out, on the ACT scores that you have
represented over time, it's a symptom of part of the problem. Because
actually what you have here on this evaluation is information that's
absolutely no good. Because what's happened, by repeatedly requiring
students to take and try to pass these tests, the students that aren't able
to pass it take it repeatedly. So what that does is it produces a graph
like this. Because you have these poor students taking the test over and
over and over again. So your graph is very valuable, but it doesn't
exactly depict what we've got going on. I think that's worth bearing
out, and that's why I interrupted you, and I apologize.
MR. FLAUGH: 81 percent of our students take it. There are like
nine states that I can give you that take it 100 percent.
CHAIRMAN NANCE: Yes.
MR. FLAUGH: But the other side of that -- and I'm losing time
here. But the other side of that is as we go to the new FSA tests, the
AIR tests, they get paid for every time a student fails. They don't get
paid for success. So if a student has to take the test 10 times, they get
paid 10 times.
Now, I'd like to make -- there are a lot of claims made by a lot of
folks, and you may hear some today, that common core is a lot of
Page 52
January 27, 2015
different things. And I'd like to just point out the fact that common
core is copyrighted. It was designed by two NGO's, National
Government Association and the Chief State School Officers. Neither
one of those are government agencies. So the claim that this is
endorsed by 43 or 46 governors is not true. And it was copyrighted.
And then the federal government stepped in and tied Race to the
Top money, over $5 billion of Race to the Top money to support this,
implement this. And 46 states signed up before the standards were ever
written down on paper. Florida got $700 million of that money.
It's never been internationally tested. They claim it has. They
claim that it is --
CHAIRMAN NANCE: Please continue, sir, I'm going to give you
some more time since I took your time away.
MR. FLAUGH: They claim that it is -- and I'm going to steal this
back because I can't read from the side -- that it is experimental -- is
not experimental methodologies. The two chief experts that were
brought into their committee to validate, Milgram and Stotsky, both
refused to sign off on the math and the English tests because they just
didn't stand up. And we've reviewed with many of you those details.
This is damaging our students at every turn of the road, both
psychologically and with data and classroom content that is evil in my
-- and I know that's probably not a popular word.
So one last thing on the bill that we put forward which really
comes back to you: The projections from the state board is it's going to
take two and a half billion dollars of unfunded mandate to do the
electronic implementation of this. In a committee, Senate committee
two weeks ago, Pam Stewart admitted that they could do this with $40
million in pencil testing, which does away with data mining and gives
the teacher back the results of each student. Today when they take an
electronic test, they have no idea what Susie or Johnnie didn't know.
All they know is a grade, okay.
Page 53
January 27, 2015
So from a standpoint of why this is your business with the ACT
scores that you see here -- and I understand your comment, Chairman
-- but it affects us in two ways from an economic point of view. We're
trying to bring businesses down here. Any business worth its salt,
when it tries to relocate to our county is going to look at the real
nationally normed tests, not the ones that we put together to make
ourselves feel good.
And the flip side of that is that businesses coming in here who
can't move their employees down are going to be dependent on hiring
people from our schools. And if we're turning out people that can't read
or write or are significantly below grade level, that's going to impact
our business economics. So we thank you for considering this and we
ask you to please vote in favor of it.
CHAIRMAN NANCE: Thank you.
Next speaker.
MR. MILLER: Your next speaker is Dr. Joseph Doyle. He's been
ceded three additional minutes from Sandra Doyle.
Could you please indicate you're here.
DR. SANDRA DOYLE: (Indicating.)
MR. MILLER: And Dr. Doyle will be followed by Joseph
Cofield.
DR. DOYLE: Good morning, Commissioners. Dr. Joseph Doyle,
Naples, Florida.
As I've been before you several times in the past on other issues,
I'm here today to ask your support for this educational empowerment
act and send a resolution to the Governor and the legislators.
I have on the screen a resolution that was adopted September 9th,
2013 by the Collier County Republican Executive Committee, which I
know several of you are members of. And at that time that was an
earlier version of what we're talking about today. It involved more data
collection and opposing the federal overreach in education. Mr. Flaugh
Page 54
January 27, 2015
already went over the enhancements. We really want to bring more
local control to the school districts.
And, you know, when I first moved to Florida 23 years ago there
was a big problem -- actually, 30 years ago. Well, anyway, there was a
problem with Florida education. And as we all know, Tallahassee took
control. And I think there have been several improvements, but I think
now there's such a strangle hold on the school districts that we need to
give that control back to the local areas.
The second thing I'd like to point out, and I'll ask Mr. Ochs to put
this up, is that we're not talking just about the public school district.
We have -- I have a list here of all our private schools. These citizens
have elected for various reasons to take their students out of the public
schools and to either put them into these private schools or to home
school them. And these people pay taxes. They pay school taxes, but
they also pay private tuition. So they're really getting a double bang in
their pocketbook.
And you as the Commission represent all of us, whether we're in
the public school system or whether we're private or homeschoolers.
So I'd like to point that out to you.
And I bring that up because my next comment is the fact that the
school board's budget is approaching a billion dollars this year. And if
you look at your tax bill that we just got in November, half of your
taxes go to the School Board.
And why is that significant to you? Well, actually 23 percent of
your taxes are what you collect. And then the rest goes to the
municipalities, the fire district, Mosquito Control, et cetera.
And the school district had some unfunded mandates, as Mr.
Flaugh already pointed out, especially regarding the testing. Not only
can we do less testing, maybe $40 million in paper instead of the 2.5
billion that the state wants. But the unfunded mandate is that all of our
schools have to be retrofitted with computers so they can take these
Page 55
January 27, 2015
online tests.
Well, that means that the school board is going to have to raise
taxes locally to retrofit our schools. So what does that mean for you as
commissioners? That means that politically you're going to have a hard
time raising taxes for things that you want to do if the school board is
sucking all the air out of the room. So I'd like to, you know, have you
think about that.
And also as Mr. Flaugh pointed out, and I hear this from people
too, well, what do you want to move to Florida for? We know that
Governor Scott is trying to -- you know, has the big jobs initiative. But
there are other states looking at common core. But the difference
between them and us is, first of all, they don't have a stranglehold in
Tallahassee like we do. I grew up in upstate New York and we still had
local school districts. We didn't have much going on from Albany,
okay.
So not only do we have state overreach, we also have the federal
overreach. We're trying to fight both. We're asking you to help us fight
both.
And, you know, people might not want to move to Florida with
their families. We know that Hertz just made the decision to move
from Jersey to Estero and there were 750 people in New Jersey. Only
about 125 of them are actually coming to Estero. The rest -- we know
some are retiring. But others have decided not to move, because the
schools in the northeast tend to be better than they are in Florida.
Okay. And they have local control in their school districts.
So I think we may have a hard time attracting families to Florida.
And also to Mr. Flaugh's point, you know, we need to put out a
better product so that if companies do relocate here that they'll have a
good workforce. And why does that affect you? Because you're all
about growing our economy here in Florida. This is the -- you're the
County Commissioners.
Page 56
January 27, 2015
So I ask you to consider those points in making your decision to
support this resolution. Thank you.
MR. MILLER: Your next speaker is Joseph Cofield. He'll be
followed by Jared Grifoni.
MR. COFIELD: Good morning, County Commissioners. My
name is Joseph Cofield. I live at address 790 107th Avenue North,
which is Commissioner Hiller's district.
Immediately after graduation from high school I started my adult
life serving 21 years in the United States Army. I rose to the rank of
top non-commissioned officer in the rank E8, which is First Sergeant.
Upon graduating from the Army I completed a requirement to
become a teacher. I was blessed to successfully teach middle school
for 15 years. I defended my nation by my act of military service to
assure that all citizens had the right to their First Amendment, which is
their freedom of speech.
As a history teacher, graduate of the Jane Madison Fellowship
Foundation and the State of Florida Liberty Day Institute coordinator, I
am a teacher and a believer in the United States Constitution, which
actually as you know gives the state and local government control over
education. We need to educate our students about our country's history
and Constitution, which in fact preserve our republic.
Therefore, I would just like to come before you today to tell you
that this is not an attempt to censure but rather an attempt to follow the
law, the law which is Florida Statute 1003.42. And also most
importantly, SB-864, which requires accurate material to be taught to
our students.
If we are to follow these guidelines, if we are to have concerns for
our students, we must make a stand here at the local level. It is not
really for the federal government to make all these great decisions. We
love our federal government. It has its role. When it comes to the area
of education, we as citizens at the local level have a responsibility, and
Page 57
January 27, 2015
we at the state level have a responsibility. We can't shirk our duties off
to the federal government. We can't shirk our duties off to others in
thinking that our students and our children and our future is in the
hands of those who care more about money, care more about getting
their names in the papers, care more about everything else except
making sure our future is intact.
Therefore, I felt a need to come before you today. I felt a need to
come before you because my role as a defender of our nation, I just felt
that we -- I had an obligation to do this. So therefore, this is why I
come to speak to you today. And forgive me for not being as smooth
as all the other speakers that come before here, but I do want you to
know that education is very important to me. And thank you for
allowing me to address you today.
CHAIRMAN NANCE: Thank you, Mr. Cofield. Your remarks
are particularly appreciated, sir. Thank you.
MR. MILLER: Your next speaker is Jared Grifoni. He's been
ceded additional time from Elsa Martinez and from Jared Jones. And
Mr. Grifoni will be followed by Becky Newell.
MR. GRIFONI: Thank you, Commissioners. Hopefully I don't
take the full nine minutes, but I know last time I think I broke the court
reporter because I spoke too fast, so I want to take a few extra seconds
today to catch my breath.
I'm a resident of Marco Island, which is Commissioner Fiala's
district. I wanted to thank you for the opportunity for number one
putting this on the agenda and allowing us to speak about it today.
There are many issues with common core: Legal issues,
educational issues. It's a major discussion point now with kitchen
tables and on Capitol Hill.
And you've seen the resolution, it was read into the record last
time, and Commissioner Henning added it to the agenda today. There
are some potential legal concerns there, there's some educational
Page 58
January 27, 2015
concerns, standard concerns. Enumerated powers in the Federal
Constitution, the Florida Constitution, as well as the powers of our
local school board.
Article Nine, Section 1 of our Florida Constitution requires a
uniform, efficient, safe, secure and high quality system of public
schools. In Article 94.B it also says that the school boards, the local
school boards shall operate, control and manage those -- supervise
those schools.
One of the most harmful aspects of common core is the high
stakes testing that go along with it. Teachers are forced to spend a huge
chunk of their teaching time teaching to the test rather than teaching
subjects and instilling a love of learning. Something like 90 out of 180
days, 50 percent of the time in a lot of districts -- I think even Lee
County is one of them -- rather than focusing on what really matters.
In some districts tests are actually given every single day to at
least some students, in addition to AP placement tests, SAT and ACT
tests.
The state ordered all students, including those in elementary
schools, to take these tests on computers. That's great, right? But no
one ever thought that the schools don't have a computer for every
single student. So what happens? Ultimately what happens is one
student takes a test, or a group of students takes a test. The other
students twiddle their thumb or sit in the library or sit in the gym or do
something, wasting more time preparing for tests rather than learning.
The results now for these tests determine 50 percent of a teacher's
pay raise, whether students can graduate and how schools are graded.
In Palm Beach County, one student had symptoms of PTSD from
the stress created by these high stakes tests. Some kids were put on
Xanax. Nobody wants that. Teachers don't want it, students don't want
it, parents don't want it.
In September the Greater Florida Consortium of School Boards,
Page 59
January 27, 2015
they represent 11 school boards, coastal school boards, 42 percent of
the students in the State of Florida. They voted unanimously and called
for a suspension of these high stakes tests.
So why can't kids at least just opt out, right? I mean, if parents
want the kids to opt out, if it's too stressful, they should be -- they
could opt out and maybe they can do something else, right? No. Our
Educational Commissioners, Pam Stewart, just yesterday wrote a letter
to all the senators in the State of Florida, said that there's no legal way
for them to opt out. Teachers can -- and if a teacher encourages an opt
out, they can face employment sanctions. If districts encourage opt out,
they can face a loss of funding. And if students opt out themselves they
can be held back, they can be retained.
This is state sponsored bullying. There's no other way to put it.
This is forced, this is coercion, this is bullying, and for some of these
kids it's probably terrorism.
Now, when these issues are -- they may be broad and
far-reaching, but what we're asking you to do today by supporting this
resolution, is just to make your position known and to call upon the
proper boards, the legislature and the Governor to take action, to do
what they must within their powers to restore common sense to our
educational system.
The Board speaks for residents, families, students throughout
Collier County. And if you can't do that today, then you've done a
great disservice to the principles and ideals of limited government
from the days of our Founding Fathers through today.
Now, this resolution, it's certainly not the end of the road, but it's
the legitimate reasonable and effective first step that must be taken in
order to assert the importance of local control in our education. I
believe that this resolution was designed to offer as much clarity as
possible on a somewhat difficult and complicated issue. It's simply a
request by the BCC to call upon the School Board, the Governor, the
Page 60
January 27, 2015
Legislature, to do something, to take a look at this, to reevaluate. A
request that the School Board do the same thing. And request that the
legislature and Governor return to the principles within our Florida
Constitution for local control.
Common core won't end today, regardless of this vote. Teachers
are still going to teach, students are still going to go to school and
they're still going to be forced to take those tests.
This continues the conversation. It allows that opportunity for
ideas to be exchanged and asks our elected officials, parents, teachers,
et cetera to evaluate and consider better options. That's common sense.
It expands the dialogue. And that's the opposite of what common core
does. Common core is forced, it's coercion, it's retaliation and it's
retribution. And it stops people from pursuing what they believe.
But what you can do here, you can put our schools, our school
board, our legislature, our Governor on notice, this is your position,
that something needs to be done.
Now, in order to restore home rule to school matters we have to
get rid of the roadblocks. The roadblocks are common core, the
roadblocks are high stakes testing. And I think we're presenting today
and what you have in front of you today is exactly what you might
want. And that's a way to bring home rule and education back by
removing the obstacles preventing it. And I think you should show a
united front on that.
You're not changing the law, you're not overriding the Governor,
you're not overriding the federal government, you're supporting local
grassroots constituents, voters, who are doing all they can to move this
up the chain in the proper way, to take it one step at a time, start at the
grassroots level and work our way to the top. Because ultimately this
needs to be addressed at the top.
The School Board will be reviewing their legislative platform on
February 10th, in light of the resolution that we brought in front of
Page 61
January 27, 2015
them at their last meeting.
There's no one-size-fits-all solution to one-size-fits-all
curriculum. We need all avenues open. So we ask that you don't close
one of those avenues today.
I don't know all of your personal histories. I would imagine that
most if not all of you either have children in the school system, have
grandchildren in the school system, have relatives with children in the
school system, have nieces, nephews, friends who have children in the
school system. I know children in the school system. They are forced
to deal with this every single day of their life. Every single day their
minds are being restricted. Their ability to think for themselves, to
pursue what they believe in, their interests, they're kept in a box. We
need to open up that box. We need to allow them to think outside the
box.
And the fear expressed by some over this issue, it's really, it's
unfounded. Florida Statutes, as Mr. Cofield mentioned, you know,
deals with the teaching of Declaration of Independence, inalienable
rights, self-evident truth, equality of all people, minority issues, Civil
Rights Movement, the history and contribution of African-Americans,
women and other minorities to the United States. Nothing being asked
of this Board would change that. And I think those are the unifying
principles that really bring us all together. And rather than getting
stuck in this cycle of corporatism where students are encouraged to
fail, even if it's not conscious, it's subconscious, these tests are
designed to make them have to retake and retake the test and put more
money in the pockets of some of these big corporations, frankly, who
are lobbying our elected officials at higher levels. It's corporatism. It's
a high-stakes testing model funneling millions of dollars from big
government to the states, to big corporations and back again.
So those arguing in favor of the status quo, it's an argument in
favor of mediocrity. It's stagnation, social engineering, which is
Page 62
January 27, 2015
appalling regardless of which side of the aisle you may be on if you're
trying to do that to our children. Surveillance, money interest and
political opportunism.
No one here wants censorship of books, thoughts or ideas. No one
wants political or social engineering in school. And those criticisms
ring hollow when you just take a moment to think that getting rid of
this box, these restrictions, opens up the flow of information. It opens
up ideas. And I think we all want children to be free to learn without
their arms tied behind their back and teachers free to teach while being
restricted by big government. Please support this resolution today.
CHAIRMAN NANCE: Thank you, Mr. Grifoni.
(Applause.)
MR. MILLER: Mr. Chairman, your final speaker on this item is
Becky Newell.
MS. NEWELL: Good morning. Thank you, Commissioners. My
name is Becky Newell and I'm president of the League of Women
Voters of Collier County and I'm speaking on behalf of the League
today.
I also would like to note that for the past 10 years I have been a
parent of a child in the Collier County Public Schools. That's just kind
of a side note.
I'm not here to talk about the merits or lack of merits of common
core. I don't think that's really the point with this resolution. My
perspective on this resolution is that it's just inappropriate for the
Collier County Commission to take a -- to pass a resolution that
basically -- the Collier County School Board is the body that was
elected by the citizens of Collier County to oversee education policy
on the local level. I think that they need to be allowed to do that job.
As one of the previous speakers said, the Collier County School
Board is revisiting its legislative agenda at its February 10th board
meeting. The reason for revisiting that legislative agenda is the fact
Page 63
January 27, 2015
that there are two new board members who were elected after the
original agenda was passed. This gives those board members the
opportunity to weigh in on the legislative agenda. I think we need to let
them do their job.
From another perspective, if the School Board were to pass a
resolution that related to an item that really is the purview of the
Collier County Commission, that would be inappropriate. And I think
this is also inappropriate to pass a resolution on this issue. Thank you
very much for your time.
CHAIRMAN NANCE: Thank you.
I'm going to open this discussion, unless Commissioner Henning
wants to open the discussion. Do you want to start, sir?
COMMISSIONER HENNING: Yeah.
CHAIRMAN NANCE: Go ahead.
COMMISSIONER HENNING: The powers and duties of the
governing body of the county, given by the legislators, is to enact law,
pass resolutions not for the old people in Collier County but all the
people in Collier County.
So, you know, it's my opinion we have every right to do what
we're doing. And I'm going to make a motion to approve the
resolution.
CHAIRMAN NANCE: Okay, is there a second?
(No response.)
CHAIRMAN NANCE: We don't have a second right at this
moment.
Commissioner Fiala, then Commissioner Taylor.
COMMISSIONER FIALA: Yes. As I listened carefully to each
speaker, it brought to mind a few things, and I just made some notes
here.
I think in our school system, and I'm now talking more or less on
my side of town here, these children have a really tough time, because
Page 64
January 27, 2015
many of them come from non English-speaking homes. It's very
difficult for them to test when they don't even understand English very
well.
And then there are other kids who have reading disabilities. I have
a son who has a reading disability, and so it was difficult for him, he
never scored very high because of that. I had another son who was so
fearful that he would be throwing up all the time and he didn't score --
he's a nuclear design engineer, by the way, right now. But that's how
scared he was of taking the tests. So I think they make some good
points.
And I think what has happened is through these mandates our
teachers have had to teach to the test rather than teaching other subjects
that these children can use later in life, and I think that that's a mistake.
I don't know though that I want to demand anything from the
state, you know, with a resolution. But I think we should let them
know of our displeasure and address that, if everybody feels the same
as I do, that is. Maybe that would be a more politically correct way to
address it. Thank you.
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: Once again, I'm going to repeat
what I was sort of raised in in the political world. This is not the
purview of the County Commission to opine on School Board issues.
Many, many things, very interesting and thought-provoking statements
were made by the proponents of this resolution. I have no way of
researching this. I don't have any background in it. That's what School
Board -- that's what the elected officials of the School Board are
elected to do and are paid by our tax money to do.
I think as individuals we are more -- I mean, the constitution
guaranties we have free speech. We can go and we can lobby as
individuals. But as a County Commission Board it is not our business
and I could never support this. Thank you.
Page 65
January 27, 2015
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: Thank you. I thought all the
speakers did a really great job in explaining the issues. I want to start
backwards.
I have to agree with Commissioner Fiala, which in turn is to agree
with what the League of Women Voters is suggesting and that is that
this matter should not be about us telling the School Board what to do
or what not to do. That being said, I also agree with what one of the
speakers said, that education is absolutely critical to economic
development. We're not just educating our children so they learn how
to think, we're also educating them so that they can be self-supporting
members of society. And as a result, education is of importance to this
Board, and education is something our Board has been involved with.
As you know, this morning we talked about President Bradshaw from
FGCU asking me to be the liaison to the university, because the
university cares what we are doing and we care what they are doing
because it is for the benefit of the community.
So I think in following what Commissioner Fiala has started as
the lead in this issue, I think we absolutely do need to communicate to
our legislative delegation at the state and at the federal level. And we
need to take the message that Mr. Grifoni said ought to be the message
when he did his presentation, and we should attach the speech
presented by Mr. Cofield as an attachment to that letter. And that letter
should go, like I said, to the state delegation and to our federal
representatives. To all of them, to all of them. And that letter should
state what we want for our community and why. And that has been
expressed by you. And I think it's clearly on the record.
And I don't think anyone can disagree that our children deserve
the highest quality education, and that that education should be
delivered at the lowest possible cost, that there shouldn't be waste, and
that there should be standards that are fair and equitable and take the
Page 66
January 27, 2015
differences in our children into account.
So with that, I would like to make a motion, unless Commissioner
Fiala, you would like to make a motion, and I'd like you to help me
make a motion, unless you would like to say something --
CHAIRMAN NANCE: I'd like to say something first, because I
would like to try to bring this around a little bit and --
COMMISSIONER HILLER: Can I say one last thing before --
and I'd like to model the motion and then amend it, you know, based
on your comments, Commissioner Nance.
But I will also say something: My son graduated from Barron, it
kicked ass. I mean, love that school. Teachers outstanding. The
opportunities there phenomenal. My daughter is at Barron right now
and she loves it. And the teachers are great and the opportunities are
phenomenal. And I want every kid to feel like my kid -- kids. I have
two, that I know of. Because they're great, great schools. And we need
to support them.
And I agree with everything you said about, you know, federal,
state, local. Correct.
CHAIRMAN NANCE: Let me bring this around, because I
actually agree with everything everybody said on this dais. And I'm
going to try to get us to the point where we can do something.
I actually do believe that it's very appropriate for us to send a
resolution that addresses this topic. But I do not think that the
resolution we need to send is a resolution that's in our executive
summary today. And I'll tell you why and I'll bring it around.
My wife has worked in the Collier County School System for 30
years and over 35 years as a teacher. I will tell you that the testimony
that we have heard today is very, very accurate. I can tell you that
because I've lived it for almost 40 years. And it's true. My wife again
has gone back as a part-time teacher at Lely High School, trying to
deal with some of the issues that have been outlined today in a
Page 67
January 27, 2015
practical way for these kids, because these kids are trying to find a way
to graduate. And my wife had been retired almost two years and she
simply could not stand by and watch children that were not able to get
their high school diploma because of various and sundry problems that
they have with learning or a testing situation or so on and so forth. So
she's back at Lely High School again.
Mr. Flaugh sent me a very thoughtful email on January the 10th,
and included in his email was this paragraph. It said: This is a
continuing huge issue in Southwest Florida in the legislative cycle.
We're asking the BCC to weigh in. And then it says: We're not asking
you to petition the Collier County School Board directly. We're asking
you to petition the legislature, Governor and Department of Education
through our Southwest Florida state and federal legislatures.
Okay. So the resolution that Mr. Flaugh brought to us or
suggested to us at the last meeting is not the resolution that we have
today. The resolution that we have today has two elements that directly
petition the School Board. And I believe that Commissioner Taylor is
correct, that the division of responsibilities and our common courtesy
to another elected, independently elected body really don't make that a
good idea. The School Board is tasked with making those decisions.
And I really hope that the Board of County Commissioners and
the School Board can work in concert on these. But that requires
necessarily that we do so in a thoughtful and appropriate manner.
So I really endorse particularly the last two elements of the
resolution that Commissioner Henning has proposed, particularly the
last one that calls upon the Governor and the state legislature to pass
legislation that restores the control of standards, curriculum and
assessments to the local Collier County School District. I don't think
you can find anybody in the county that doesn't support restoring home
rule.
COMMISSIONER HENNING: Is that a motion?
Page 68
January 27, 2015
CHAIRMAN NANCE: Wait a second.
That allows us to engage the issue, which the citizens have done
so. But rightfully, as stated, the School Board is taking action. So what
I would like to propose is I would like to propose that we come back
with a little more thoughtful resolution here that everybody on this dais
can support. And I believe a home rule resolution will do that.
I agree, in Item 3 it says -- it culls out the incentives and punitive
actions by the Federal Department of Education and State government
agencies. That, folks, is a problem. You've identified it.
But here is the problem that we have, is you've asked our Board
to weigh in on a curriculum issue. And I know that you've identified
common core is the manifestation of this situation that's totally gotten
out of control.
But when you ask us to weigh in on a curriculum issue, that really
is the purview of the School Board, and I don't think you'll get support
for that. I don't actually think it's appropriate myself.
So if we could come back with another resolution that focuses on
local control and the elements of your legislative efforts that work to
alleviate these incentives and punitive actions that are overreached, I
would certainly support it. But what I don't want to do is I don't want
to take action as a Commissioner or have this board do so. Then we're
weighing in against the local school board. We're then weighing in and
politicizing the issue. Then we add ourselves to the state government
and the feds as somebody that's meddling in decisions as to how our
children should best be taught.
So I'm going to make a motion that we bring this back, that we
continue this item and bring back another resolution and see if our
other commissioners here could support something as fundamental as a
resolution based on establishing control of standards, curriculum,
assessments for our school board. I want to support our School Board's
effort. I don't want to be accused of meddling in their affairs. And I'd
Page 69
January 27, 2015
like to hear people comment on that.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. So does that mean in this new
resolution you would also refer to home rule as getting -- you know,
bringing home rule back to --
CHAIRMAN NANCE: Yes, ma'am, that is the core focus of
Commissioner Henning's point four. But I believe that we actually
need to get away from proposing curriculum items in our resolution
and allow that to circle back to our companion School Board for
action. Would you support it under those circumstances?
COMMISSIONER FIALA: Yes, I sure would, so I'll second it.
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER FIALA: Wait.
CHAIRMAN NANCE: I'm sorry.
COMMISSIONER FIALA: Let me finish my comment.
I'm going up to Tallahassee in a few weeks, and Commissioner
Hiller, aren't you going up there too? So I think it should be one of our
tasks to actually talk with our legislators. Each one of us are going to
call on separate legislators, so we would be able to call on quite a few
and pass the message along to them as well.
CHAIRMAN NANCE: Commissioner Taylor, and then I'd like to
see what Commissioner Henning's thoughts are.
COMMISSIONER TAYLOR: If it's the will of this Board to
bring it back for discussion, then we need to be educated. I have no
way of knowing that we do not have the home rule that would promote
the students and what they do.
I usually don't like to do this, but as a mother of 44 foster children
plus, I've had great experience with children in the school system. Not
in private schools, in the school system. And these children come from
all walks of life. They come from all backgrounds. Some are not native
born. I cannot tell you how impressed I am with what the Collier
Page 70
January 27, 2015
County School System has done and will do for children. The key is
involvement by the adult in the family. If you do not involve yourself,
it doesn't work. It will, but nothing like -- they are so receptive. They'll
bend over and do anything to try to educate these kids.
So if we are going to -- if there is a will of this Board to bring this
back in another -- and to actually put forward a resolution, we need to
hear the facts. And this is not going to be done by February 23rd. This
needs to be -- if we want a full-blown understanding of what we're
doing, then we need to understand from the School Board, Ms. --
Superintendent Patton. What does this mean? What is home rule? Do
we have home rule? What's happening? We need to hear from some
experts in common core. What does common core do? Because
common core has nothing to do with curriculum.
So I think I would certainly support it if we could do this, and
then we know what we're doing here. But at this point I'm flying blind
and I'm not willing to support this.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: Who's bringing it back?
CHAIRMAN NANCE: I was making a motion, sir, to have you
rework it. I just wanted to know if you were willing to do that.
COMMISSIONER HENNING: You're directing me to do --
CHAIRMAN NANCE: No, I'm not directing, I'm ask-- I'm
inquiring, sir, since you're the lead here. You're the lead here. I mean,
if you don't want to do it, I will --
COMMISSIONER HENNING: I'll review the minutes and find
out what your directive is.
Sure, I'll do that. You got it. Not a problem.
CHAIRMAN NANCE: I'm trying to find a way to support a
resolution here.
COMMISSIONER HENNING: You want a home rule resolution
to the Florida legislators, giving the power to the School Board to
Page 71
January 27, 2015
make decisions for --
CHAIRMAN NANCE: To address these issues.
COMMISSIONER HENNING: Okay, I got it.
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: Regarding what Commissioner
Taylor just brought out in her comments, the issue, Commissioner
Taylor, is that while we have seen how well our children have been
assisted by the school system, the problem is the proposed changes
could erode what has been done well.
And what we want is two things: We don't want what isn't done
well to get worse, and we want what is done well not to be removed.
And what is the -- what seems to be trending is the potential for the
reverse of what we want.
And so the statement that we as a board should make, and I agree
with you, that this should not go back to the School Board, because we
should act in concert with them, as Commissioner Nance has said. We
need to be their support, we need to be their partners. We shouldn't be
dictating or involving ourselves in any way in their business, because
that is what they are elected to do, along with their staff.
So I think it's extremely important that the message we send is
what I've just said, and that is we want to preserve the good, we want
to see the bad eliminated, and we want to encourage our legislative
delegation at the state and federal level to respect home rule to allow
that to happen, and for the State to push back against federal overreach
and for the State to respect what ought to be decided locally. We have
great teachers who can make really good decisions. We have great
parents who can make great decisions. And that partnership between
education and the community is what's going to make it a great system.
It's like you said, it's all about involvement.
So I think we do need to send that message. Whether it ought to
be in a resolution or a letter, you know, six of one, half a dozen of
Page 72
January 27, 2015
another. You know, either way I think it will make the statement.
And Commissioner Fiala, you're absolutely right, I will walk the
halls with you to share that message and make sure we get it done.
Because we've got a lot to protect and then there's a lot we can do to
enhance.
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: Thank you, I'll only take a second.
Just to emphasize what you just said, and I totally agree, in other
words, what it boils down to is we want to give the School Board the
right to make the right decisions, the good decisions, rather than be
dictated as to what those are.
COMMISSIONER HILLER: The appropriate decisions.
COMMISSIONER FIALA: Right.
COMMISSIONER HILLER: The appropriate decisions that
should fall within the jurisdiction of the School Board. Just like we are
always advocating for home rule for ourselves. Like take for example
the fracking issue. You know, one of the reasons we as a condition
with DEP stated that we wanted to be involved with them and review
what recommendation they were going to make to the legislature with
respect to drilling was because we know what protections we need
locally, and we want to make sure that those are provided with local
interests in mind.
COMMISSIONER FIALA: Does anybody know if FAC, Florida
Association of Counties, if FAC has this on their agenda? We're going
to be discussing this.
COMMISSIONER HILLER: You know, that's a really good
point.
Leo, could you ask Debbie to find out if FAC has it on the
agenda? And if FAC has it on the agenda, if any materials they've got
could be forthcoming to us. Because Commissioner Taylor is right,
you know, all the information we could receive would be beneficial.
Page 73
January 27, 2015
But I think as a starting point -- and I also agree with you,
Commissioner Nance, this is the beginning. You know, this is the
beginning. We are not -- this is by no means going to be settled with
one letter. And the community as a whole has to speak out, and they
are.
CHAIRMAN NANCE: Well, I would like to commend
Commissioner Henning for bringing this back in a very timely way.
And I would also like to thank all of you for being engaged in this
issue. Mr. Flaugh, Mr. Grifoni, all of you, the speakers, Dr. Doyle, for
bringing it forward. And I actually -- I don't -- my sense was that the
resolution as written was not going to pass. But I don't want to see it go
away. I want to see the Board of County Commissioners engaged in a
meaningful way to support our community and support our School
Board and move something forward.
So I hope that Commissioner Henning is not too upset and that he
will -- that you will work with him. He's the author of the current
executive summary. If he chooses not to do so, I pledge --
COMMISSIONER HENNING: I'll do it. I'll do it. If you vote
now.
CHAIRMAN NANCE: All in favor, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
COMMISSIONER TAYLOR: I need more information. What are
we doing? What are we doing?
CHAIRMAN NANCE: We are going -- Commissioner Henning
is going to work again on a resolution that focuses on what's outlined
in numeral four in the executive summary which --
Page 74
January 27, 2015
COMMISSIONER TAYLOR: About home rule?
CHAIRMAN NANCE: -- calls upon the Governor and the
Florida legislature to pass legislation that restores the control of
standards, curriculum and assessments to the local county school
districts. Under State of Florida, Article 9, Section 4. And also to
discuss once again the problem that is perceived with incentive and
punitive actions at the state and federal level. And that goal. And not
directly petition the School Board, as was suggested earlier that we
weren't going to do. Somehow we got over into directly petitioning the
School Board. We're not going to petition the School Board, we're
going to petition the State and federal agencies to put more control
back into the standards, curriculum and assessments at the local level.
Which I what I believe we're going to see the school boards working
on right now. So I think we will actually be aligned with them to do so.
So it's kind of open-ended. Obviously it will have to come back to
us again for our review, but that will give the community a chance to
work on it further. And I just think it's worthwhile. I really think it's
really worth another bite at the apple rather than just let it go down for
lack of a second.
COMMISSIONER HENNING: What's the next item?
COMMISSIONER FIALA: I already seconded it.
CHAIRMAN NANCE: Okay, right. But, I mean, the original
motion didn't get a second. So we have a vote that is 5-0 or 4-1?
COMMISSIONER TAYLOR: 4-1. And the reason being, I would
like it to incorporate that. If we are going to have a resolution that's
going to be drafted and sent as this Commission, we need to have on
the record from the School Board and from interested parties what
their position is. Again, we are treading in the world of the School
Board, and I just don't think it's appropriate.
COMMISSIONER HENNING: We know everybody's position.
What's the next item?
Page 75
January 27, 2015
CHAIRMAN NANCE: So noted, thank you. It's 4-1, with the
Commissioner Taylor dissenting.
COMMISSIONER HILLER: We haven't voted yet. I want to say
one thing. Can I say one thing, please?
CHAIRMAN NANCE: You want to retract your aye?
COMMISSIONER HILLER: No, I have an idea. We're still under
discussion. You didn't call the vote, did you?
CHAIRMAN NANCE: Yes, I did.
COMMISSIONER HILLER: Oh, did you?
CHAIRMAN NANCE: Is it aye or no?
COMMISSIONER HILLER: Not yet. I have to make a comment.
Would it be okay, and since you made the motion, Commissioner
Nance, if you would consider the following: Instead of doing it as a
resolution which would require, you know, backup and research,
because it's a different act of the Board than a formal letter, would it be
acceptable -- Commissioner Taylor, would you accept --
CHAIRMAN NANCE: Ma'am, I proposed a resolution, it was
seconded, we voted on it. The only person that hasn't voted is you. So
please, you need to vote. Let's bring it back and we can talk about it
again. This is not going away.
COMMISSIONER HILLER: All right. Well, since it's being
brought back, I would like to propose that, you know, that be
considered. And I was going to ask the County Attorney if we would
assist in the drafting of either the letter or the resolution.
County Attorney?
MR. KLATZKOW: It's up to Commissioner Henning.
COMMISSIONER HILLER: Commissioner Henning, would you
entertain working with --
COMMISSIONER HENNING: I talk to them every day.
COMMISSIONER HILLER: Do you?
COMMISSIONER HENNING: Oh, yeah.
Page 76
January 27, 2015
CHAIRMAN NANCE: They're friends. They're going to go
fishing --
COMMISSIONER HILLER: Seriously?
COMMISSIONER HENNING: We're going to go fishing --
CHAIRMAN NANCE: Let's go to the next item. It's 11 :30 --
COMMISSIONER HILLER: Jeff, he needs new friends.
CHAIRMAN NANCE: -- and we have a chance at victory, so I'm
going to call for the next item.
COMMISSIONER HILLER: I vote aye. I say yes.
Item #1 1 A
RECOMMENDATION TO AUTHORIZE THE COUNTY
MANAGER, OR HIS DESIGNEE, AND THE COUNTY
ATTORNEY TO ADVERTISE FOR FUTURE CONSIDERATION
AN ORDINANCE AMENDING CHAPTER 74 OF THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES, WHICH IS THE
COLLIER COUNTY CONSOLIDATED IMPACT FEE
ORDINANCE, PROVIDING FOR THE INCORPORATION BY
REFERENCE OF THREE IMPACT FEE STUDIES; AMENDING
THE ROAD IMPACT FEE RATE SCHEDULE, WHICH IS
SCHEDULE ONE OF APPENDIX A, THE WATER AND
WASTEWATER IMPACT FEE RATE SCHEDULE, WHICH IS
SCHEDULE TWO OF APPENDIX A, AND THE CORRECTIONAL
FACILITIES IMPACT FEE RATE SCHEDULE, WHICH IS
SCHEDULE FOUR OF APPENDIX A; PROVIDING FOR
UPDATES TO DEFINITIONS FOR COMPLIANCE WITH THE
UPDATE STUDIES AND METHODOLOGY; PROVIDING THAT
IMPACT FEES ARE ASSESSED USING THE RATES IN EFFECT
(1) WHEN THE BUILDING PERMIT APPLICATION IS
SUBMITTED, OR (2) AT THE TIME OF THE ISSUANCE OF A
Page 77
January 27, 2015
CERTIFICATE OF OCCUPANCY OR CERTIFICATE OF
COMPLETION FOR THE DEVELOPMENT, WHICHEVER IS
LESS; CORRECTING A DATE USED FOR TERMS OF
DEFERRALS; AMENDING PROVISIONS RELATED TO THE
IMPOSITION OF WATER AND WASTEWATER IMPACT FEES
TO COMPLY WITH THE STUDY AND METHODOLOGY
UPDATES; AND PROVIDING FOR AN EFFECTIVE DATE OF
FEBRUARY 17, 2015 FOR ALL RATE CATEGORIES THAT ARE
DECREASING AND A DELAYED EFFECTIVE DATE OF MAY
11, 2015 FOR ALL RATE CATEGORIES THAT ARE
INCREASING, IN ACCORDANCE WITH THE 90-DAY NOTICE
REQUIREMENTS SET FORTH IN SECTION 163.31801(3)(D),
FLORIDA STATUTES — APPROVED W/CHANGES
MR. OCHS: Mr. Chairman, that's 11.A. It's a recommendation to
advertise for future consideration an ordinance amending your
consolidated impact fee ordinance for the purposes of amending your
road impact fee rate schedule, your water and wastewater impact fee
rate schedule and your correctional facilities impact fee rate schedule.
Ms. Patterson is available to answer Board questions or make a
presentation.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER TAYLOR: Second.
CHAIRMAN NANCE: There's been a motion to approve and a
second.
COMMISSIONER HILLER: I think we need a full presentation.
CHAIRMAN NANCE: Discussion?
COMMISSIONER HILLER: I'm kidding.
COMMISSIONER HENNING: I call the motion.
CHAIRMAN NANCE: Wait a second. I do have a couple of
comments that I want to make on this, because I just want to get it into
Page 78
January 27, 2015
the record and I have a little bit of a concern here.
I have been one of the harshest critics of impact fees, because our
impact fees are very high. However, I discussed this with the County
Manager and he indicated -- he gave me some different information.
Embedded in this proposal is a proposal to reduce municipal water
impact fees by 18.9 percent and to reduce wastewater impact fees by
21 .9 percent. That's all well and good.
This Board has supported, in recent discussions over an extended
period of time, taking our municipal water to expand recycle use of
water, to expand irrigation quality water, and to utilize ASR wells as
part of our municipal water strategy. All of these are huge capital
expenditures that are not currently in our capital planning. But this
Board has constantly endorsed those items as good tools. That's going
to require funding.
Secondly, on wastewater, we have constantly talked about the
need to manage septage and sludge and manage grease in our county.
We do not have a current facility to handle those. This is a very
expensive capital infrastructure item to have. It's not currently in our
capital planning.
I am going to endorse this item with a caveat that we are going to
reduce these impact fees 20 percent, we really need to come back
within our three-year window here and talk about these capital items,
because these are huge expenses that need to be accounted for. We
can't pay for these unless we have some sort of a revenue stream.
Maybe it's not impact fees. But these have to be contemplated, because
they're all really worthy and things that we absolutely have to have.
That having been said, Commissioner Hiller?
COMMISSIONER HILLER: Can you call the vote?
MR. OCHS: Mr. Chairman?
CHAIRMAN NANCE: Yes.
MR. OCHS: We just have one minor correction to make in the
Page 79
January 27, 2015
executive summary just for the record.
Ms. Patterson?
MS. PATTERSON: As pointed out by Chairman Nance in the --
on Page 4 of the first paragraph, there's a typo. Where the sentence
beginning permits issued under this category over the past fiscal year
total 47 out of 1,893, or as it read .024 percent, that should have been
either .024 or 2.4 percent. Either way works. But the percentage was
either misplaced or the decimal. That's my only correction.
CHAIRMAN NANCE: Further comments?
(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: Passes unanimously.
MR. OCHS: Thank you, Commissioners.
Item #11B
RECOMMENDATION TO ACCEPT AND APPROVE THE
COMPLETED PARKS AND RECREATION DEPARTMENT FEE
STUDY CONDUCTED BY PUBLIC RESOURCES
MANAGEMENT GROUP, INC. — APPROVED
Mr. Chairman and Commissioners, that brings us to Item 11 .B,
which is a recommendation to accept and approve the completed Parks
Page 80
January 27, 2015
and Recreation Department fee study conducted by Public Resource
Management Group that was previously directed by this Board.
Staff--
COMMISSIONER TAYLOR: So moved.
MR. OCHS: -- is available to make a presentation or respond to
commission questions.
COMMISSIONER TAYLOR: So moved.
COMMISSIONER HENNING: Questions.
CHAIRMAN NANCE: Motion by Commissioner Taylor. Is there
a second?
COMMISSIONER FIALA: Second.
CHAIRMAN NANCE: Second by Commissioner Fiala.
Any question?
COMMISSIONER HENNING: Yes, question.
CHAIRMAN NANCE: Commissioner Henning.
COMMISSIONER HENNING: There are some elements that we
provide in our parks that the private sector provides. Athletics -- or
gym. There are a lot of private gyms in the county.
My comment is you need to take a look at the services that they
provide and what they charge. And let's not undercut them. It's very
important, government is not here to take away jobs. At least that's
how I feel.
COMMISSIONER FIALA: Take away what, please?
COMMISSIONER HENNING: Take away jobs. Compete
against the private sector. We're not here to compete against the private
sector. Although I think there are some that feel that's necessary.
The second thing is daycare. Same thing. What is the private
sector providing? And let's not compete against them. In fact, you need
to take a look at should we even be providing that service? Is there --
are we filling a gap or are we competing against private sector? And
you need to do that I think with everything. That's my only comment.
Page 81
January 27, 2015
CHAIRMAN NANCE: Commissioner Henning, I think that's an
excellent catch. And somehow that escaped me, but I think that's
absolutely correct, we need to make sure that we're lining up with
everything so that we're not unfavorably influencing what's going on
with the way we spend the public's money.
Commissioner Fiala, then Commissioner Taylor, then
Commissioner Hiller.
COMMISSIONER FIALA: Okay, just a couple things. First of
all, I think the VPK programs have been outstanding. And it actually
helps those little ones when they go to school to learn easily rather than
have to struggle through the first year or two in the schools. I like that.
And the after school programs that we have, child care, I know
it's especially beneficial where we live because many people work two
jobs a day and they're not home, and they can't afford to take them into
private schools. They need to have those parks or the kids aren't safe.
And because we have no idea what they have to contend with out
there. So this is important too. I think that that's a great thing.
I had -- I figure also, Leo, there must be a way to calculate
somehow the hidden benefit of safety and reduction in crime when the
kids are in a safe healthy program and not loitering on the streets or in
the malls. Schools don't allow them to play in the schools after school
hours. So I don't know how you can calculate that into this, but I think
that is -- deserves at least at a look see.
And the last thing is in this -- the thing that we got, what would
this be called?
CHAIRMAN NANCE: It's a study.
COMMISSIONER FIALA: Okay, the study. One of the things
they talked about, and I thought it was kind of interesting is, that Max
Haase has an annual fee for their aquatics. We don't have an aquatics
planned at Max Haase, do we?
MR. WILLIAMS: No, it was a mistake.
Page 82
January 27, 2015
COMMISSIONER FIALA: Okay. Well, you might want to
eliminate that then.
CHAIRMAN NANCE: Good catch.
Commissioner Taylor?
COMMISSIONER TAYLOR: I would agree with Commissioner
Fiala. I lost this argument in the city, because they did away with their
child care. But the State of Florida has in the past been very generous
with folks that cannot afford child care. And there was always a
subsidy. And at one point a child of 12 could get subsidized to go to
day care. So you could afford it. And in their wisdom they have now
dropped that age to eight. That means children of eight, nine, 10 are on
the street. And they know statistically that these children are targets for
gangs, because that's when they start recruiting them.
So I cannot thank you enough for keeping the child care as part of
what we do for our citizens. It is very, very important.
And I think, and also being kind of the new person on the Board,
I'm very impressed with what you've done with the rate schedule at the
Sun 'N Fun area. I mean, the idea that you're covering the costs there
by the rates you charged is hats off to you. Because that had to be
tough. But you've done it. And that's what -- I don't expect every area
-- I don't expect Golden Gate to come to parity, I do not expect that. I
don't expect a lot of areas, you know, just because of the people that
use it. But you did it there. And well done. I'm very happy with this. I
would approve it as such.
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: And I agree with Commissioner
Fiala and Commissioner Taylor. When government establishes fees,
it's based on cost. There's no intent to make a profit. In fact, it would be
illegal for us to price to generate a profit. And to the extent that we can
provide these services at a lower cost than the private sector really is a
very unique situation for government. Because usually everyone
Page 83
January 27, 2015
criticizes government for doing things more expensively than the
private sector does.
COMMISSIONER HENNING: That's because it's subsidized.
Subsidized with tax dollars.
COMMISSIONER HILLER: I understand. We are not making --
COMMISSIONER HENNING: You're okay with that?
COMMISSIONER HILLER: Yes, because that is what the public
wants. The public absolutely -- the public -- in fact, whenever we have
in any way -- what the public wants is actually more, not less in the
way of park services. The public wants more soccer fields, the public
wants more tennis courts, the public wants more baseball diamonds,
the public wants more public programming through Parks and
Recreation. So it's not that the public wants less, the public wants
more.
And one of the issues that we have when we look at this type of
programming because, you know, the hierarchy of public spending
you've got public safety first, then essential services like roads, you
know, and like transportation and utilities, and then third you have the
non-essential services that are exactly what we're talking about here
today. And the public has told us repeatedly they want more. And if we
can provide it to them and we can do it without raising taxes overall
and by taking what we are getting and helping adjust fees to make it
affordable to so many who wouldn't be able to afford what the private
sector is offering, we're providing the service that government is
supposed to provide.
And that's what Commissioner Taylor is saying and that's what
Commissioner Fiala is saying. And I agree with them. And I think that,
you know, we need to do everything to support our Parks and Recs
Department. I think it's very important as a public service. And I'd like
to see more going to parks, as we've talked about to the park in your
district as an example and to the park in Commissioner Nance's district
Page 84
January 27, 2015
as another example.
CHAIRMAN NANCE: I will make a comment and then I'm
going to go to Commissioner Fiala.
I believe that both Commissioner Hiller and Commissioner
Henning are correct. I believe that the people want and need more park
services. But at the same time, I will tell you, citizens in my district
don't expect or want things necessarily that are all free. They want
things actually that are not provided by the private sector. You know,
when somebody needs a baseball diamond, they can't go over to Gold's
Gym and rent a baseball diamond.
COMMISSIONER HILLER: Exactly.
CHAIRMAN NANCE: You know, they can get on a workout
machine, and to that point, Commissioner Henning is absolutely
correct, we have to be careful on the overlap that we have that we're
not putting our private sector out of business. But at the same time
there are big needs in our system for things that only the government
can provide. And that's I think what everybody's saying, if I hear both
of my fellow commissioners properly.
To provide those things that the private sector doesn't do well,
you know, should always be our goal first and foremost.
Commissioner Fiala?
COMMISSIONER FIALA: And just in harmony with what you
just said, I think we're forgetting that we've mentioned public and
parents all along? They're the ones that pay the taxes. I mean, it's not
like we're handing it to other people. We're all paying the taxes. And
those are some of the benefits. Enough said.
CHAIRMAN NANCE: Any further comments?
MR. MILLER: Mr. Chairman, I have one registered public
speaker on this project.
CHAIRMAN NANCE: Thank you, Mr. Miller.
MR. MILLER: Phil Brougham.
Page 85
January 27, 2015
MR. BROUGHAM: Good morning. Some of these remarks are
anti-climatic, I think, based on what I just heard. But I think -- I didn't
hear discussion on what -- first of all my name is Phil Brougham and
I'm vice chair of the Parks and Recreation Advisory Board.
We heard the presentation yesterday. The Board made a
recommendation to accept that report and also recommend to you
something I haven't heard discussed, and you might consider
authorizing staff to develop a fee recovery or cost recovery policy. And
I didn't hear that specific recommendation discussed. But some of your
comments in my opinion point directly to that. In other words, a policy
that you could approve developed by staff that would give you all the
latitude to price services based upon the benefit accrued and based
upon the market.
For example, what should the cost recovery be for a gym
membership? What should the cost recovery be for admission to Sun
'N Fun? Gym membership is a very personal benefit to an individual.
And so you might want to consider recovering more of the costs, direct
costs for operating a gym, versus Sun 'N Fun is a community-wide
benefit. And you might want to consider a policy that gave more
subsidies to a community-wide service, versus an individualized
service.
And I didn't hear comment on that specific recommendation, and
I'd like to urge you to at least give that some consideration. I think it
would give some latitude and some flexibility to Parks and Rec. I think
you would still retain control, because ultimately you would be the
body that approves the specific fees within that policy. But you'd have
an overarching policy under which, you know, the Parks and
Recreation Department could use to develop those fee
recommendations. That's basically my comment.
CHAIRMAN NANCE: Thank you.
All right, do we have a motion on the floor on this item?
Page 86
January 27, 2015
COMMISSIONER HENNING: Yeah.
COMMISSIONER FIALA: We do?
CHAIRMAN NANCE: There's a motion to approve. Is there a --
COMMISSIONER TAYLOR: I made it.
CHAIRMAN NANCE: All right, there's a motion to approve by
Commissioner Taylor and seconded by Commissioner Henning?
COMMISSIONER HENNING: No, Commissioner Fiala.
CHAIRMAN NANCE: Commissioner Fiala.
COMMISSIONER FIALA: One little correction and that is to
adjust what it says about the aquatics over at Max Haase Park. Okay,
thank you.
CHAIRMAN NANCE: All right. Any other comments?
(No response.)
CHAIRMAN NANCE: Hearing none -- you've got a comment?
COMMISSIONER HILLER: I'll make it after the vote.
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: Passes unanimously.
COMMISSIONER HILLER: I would like to say that the
comment that Phil Brougham made is excellent. I think you're
absolutely right. And when we are structuring our fees, we should look
at it from that standpoint when we're doing the allocation, if an
allocation is needed from the general fund, to come up with the price
based on the cost.
So I would, if the Board would be supportive, would suggest that
Page 87
January 27, 2015
we -- that the County Manager, you know, consider that thought in
developing -- and maybe you're already doing that.
MR. OCHS: Ma'am, one of the elements in the executive
summary was of staff recommendations to do just that. And we
intended to develop that cost recovery plan and policy and bring it
back to the Board.
COMMISSIONER HILLER: That's great. And I think that's
really important that we keep that in mind. So thank you for bringing
that up. And staff, as Leo just pointed out, is already considering it. So
that's awesome.
CHAIRMAN NANCE: Thank you, sir.
Are we to 11.C, Mr. Ochs?
Item #11C
RECOMMENDATION TO APPROVE THE USE OF THE
PREVIOUS AWARDED INVITATION TO BID #14-6278RR
"AQUATIC MAINTENANCE SUPPORT SERVICES" WITH TRI-
CITY POOLS, INC. FOR BUDGET APPROVED CAPITAL AND
OPERATING EXPENSES — MOTION TO CONTINUE
ALLOWING THE PURCHASING DEPARTMENT AND CLERK'S
OFFICE TO COLLABORATE AND DETERMINE WHETHER
REBIDDING IS NEEDED — APPROVED
MR. OCHS: Yes, sir. It was previously Item 16.D.10, and that's a
recommendation to approve the use of the previously awarded
invitation to bid for aquatic maintenance services with Tri-City Pools.
This item was moved at Commissioner Henning's request.
COMMISSIONER HENNING: Before we get to that,
Commissioner -- Mr. Chair, it's not even noon and we're just about
done. I'm hoping that we can stay for lunch, past lunch and finish up
Page 88
January 27, 2015
the meeting so we don't have to come back. But it's your --
CHAIRMAN NANCE: Yes, I'm -- yes.
How many public speakers do we have for items not on the
agenda, Mr. Miller?
MR. MILLER: I have three registered speakers at this time, but I
must tell you, I don't see Dr. Doyle or his wife here -- oh, yeah, there
they are back there.
Now, the other one was brought to me by one of the
commissioner aides, and I don't know if this gentleman has arrived yet.
He wanted to get his slip in. Osmary Pino. Yeah, okay, so we have
three.
CHAIRMAN NANCE: Okay, thank you.
All right. Well, let's see. Let's see where this takes us on 11 .0 and
13.A is the two we have remaining, and then we've got that plus
commissioner comments. So I'm willing to remain a little while and,
you know, if we need to remain past the noon hour we can get this
done, Commissioner Henning.
COMMISSIONER HENNING: This won't take too long on this
item.
The vendor of Tri-City Pools has discounted his labor. That's in
the packet through an email. And I asked the County Manager why.
And the response was well, if the Board is going to put more money on
this contract, therefore getting more work, he felt it was proper to
discount his labor. Is that true?
MS. MARKIEWICZ: Joanne Markiewicz, for the record.
Yes, sir, he offered that up to us.
COMMISSIONER HENNING: Okay. Did the competitor, Vista,
have an opportunity to adjust his bid?
MS. MARKIEWICZ: He did not sir, because he's not on contract.
COMMISSIONER HENNING: Yeah, yeah.
The comparable that's in our packet, I printed out. Now, did you
Page 89
January 27, 2015
compare the discounted parts based upon Tri-City's quote?
MS. MARKIEWICZ: I did, yes, sir.
COMMISSIONER HENNING: Okay. So you took Tri-City's
discounted part, then you applied seven percent for Vista, which they
said they were going to give us a seven percent. Is that how you did it?
MS. MARKIEWICZ: No, sir. What I did was I backed into the
MSRP, and then I reduced Vista's by seven percent and Tri-City's by
20 percent.
COMMISSIONER HENNING: Okay. All right.
Well, I asked the Clerk Finance Department to assist me on this,
and here's what they did. Because when you offer a discount, you got
to know what the cost of that part is.
Did you ever get a book on parts that --
MS. MARKIEWICZ: Yes.
COMMISSIONER HENNING: You did. Okay.
Here's what Tri-City Pool -- they took their parts and then they
called Vista on those parts that were replaced, those invoices, and got a
reply back. However, the parts retail price is different than what
Tri-City is using versus what Vista Pools is using. Therefore, on the
sampling on the one, two, three invoices, Crystal, it's a savings if Vista
Pool would have did that of almost $1,600, okay.
So I guess my concern about this whole thing is if Tri-City's
going to reduce their price because the contract is worth more now --
and I don't think we're getting a true comparable with the cost of parts.
I think they're using different suppliers.
MS. MARKIEWICZ: Commissioner --
COMMISSIONER HENNING: And this ought to be re-bidded.
MS. MARKIEWICZ: Commissioner, early this morning Ms.
Kinzel called me and she said her methodology was different; she used
invoices. And so this morning I've taken a look at four or five invoices.
And Ms. Kinzel and I talked this morning about the possibility of
Page 90
January 27, 2015
continuing this 'til the next agenda so that we can collaborate our two
areas and do an apples-to-apples comparison.
COMMISSIONER HENNING: Okay. And I'll accept that.
However, my comment again is because of the price of this new
contract, it's substantially more. We had a discount. So how much
more could we save knowing -- or, you know, contractors out there
knowing that it is more, how much more we could save.
MR. OCHS: Commissioner, if we are allowed to continue this to
do that analysis with the Clerk, I think what I would recommend, as
you suggest, that we also consider whether it's time to just rebid this
particular service under the circumstances. And as long as we can
continue to make needed repairs in the interim, that that would
certainly be a consideration during this review period.
COMMISSIONER HENNING: Motion to continue.
CHAIRMAN NANCE: There's a motion to continue.
COMMISSIONER TAYLOR: Second.
CHAIRMAN NANCE: Is there a second?
Commissioner Taylor, you want to say something?
COMMISSIONER TAYLOR: Yes, just --
CHAIRMAN NANCE: You're the seconder.
COMMISSIONER TAYLOR: Yeah, I do. And just briefly, I just
need some education here. This would never happen in the city. You
wouldn't bid on -- you wouldn't -- it's such -- it gives such a position of
impropriety that the award bidder now drops his price seven percent.
I mean, it's --just out of the chute. It's crazy.
I don't know what your procedures are here, but it probably needs
to be a lot more consistent and a lot fairer to the people bidding on it.
I mean, if everybody knew that they could come in and get a lot of
business and all they need to do is drop their price seven percent if they
won the bid, you know, it's just not fair.
CHAIRMAN NANCE: Or not. They don't have to the drop the
Page 91
January 27, 2015
price.
COMMISSIONER TAYLOR: Yeah, but why wouldn't they?
CHAIRMAN NANCE: There's the problem. There's the problem.
All right, any further discussion?
(No response.)
CHAIRMAN NANCE: Hearing none, there's a motion to
continue by Commissioner Henning, a second by Commissioner
Taylor.
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: It passes unanimously to continue this.
Item #13A
TO PROVIDE THE BOARD OF COUNTY COMMISSIONERS
THE CLERK OF THE CIRCUIT COURT'S OFFICE REGARDING
AUDIT REPORT 2015-1 LIBRARY DEPARTMENT — CASH
REVIEW ISSUED ON JANUARY 21, 2015 — APPROVED
MR. OCHS: Mr. Chairman, that takes us to Item 13.A, which was
previously Item 16.J.6, and that's a report of an internal audit of the
library cash review. And that was moved by Commissioner Taylor to
the regular agenda.
COMMISSIONER TAYLOR: And again, I just want to put it on
the record, and just your findings and if there's any questions of this
Page 92
January 27, 2015
Board, that's fine.
MS. GAILLARD: For the record, Megan Gaillard, Senior
Internal Auditor for the Clerk's Office.
We completed the internal audit for the Library Department as a
cash review to test their internal controls for the process.
One of our continued concerns with the audit remains that access
to funds is not properly secured and the internal controls remain lax.
The access at the location, all users use the same log-in
information, the same passwords and are identified as the same person
in the computer system.
The cash registers at the time were maintained unlocked. The
employees all have access at the same time to the same funds, so
there's no way to determine who's responsible and accountable if a
problem should occur. At the end of the day the money is not
reconciled. It's reconciled the following day by a completely different
person. This leaves the opportunity for theft and potential rolling of
deposits, which has happened in other locations, not the library's.
And then the money's transferred to a main location where it's
recounted by another set of hands who had nothing to do with the
process. This is causing delays in deposits where they're not made the
next day, it's taking multiple days, and then the money's transferred to
the bank from the main location.
Those remain to be the continued concerns with the process, as
well as the department didn't appear to have the authority to waive
fines or fees, which was brought to you today on a separate agenda
item. So that was resolved.
And then the donations that are made to the library department
have not been accepted by you as the Board of County Commissioners.
There have been a number of instances that have been very material,
and we feel that the Board should have knowledge of these donations
as they're received to determine how the funds should be spent or used.
Page 93
January 27, 2015
So we recommended that the Board create a policy for acceptance
of the donations. Those are the main open concerns.
COMMISSIONER TAYLOR: Thank you.
I move approval of this report.
COMMISSIONER FIALA: Second.
CHAIRMAN NANCE: There's a motion on the floor by
Commissioner Taylor and a second by Commissioner Fiala for
approval.
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, it passes unanimously. Thank you.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Mr. Chairman, that concludes the regular business.
And as noted in your change sheet this morning, that would then take
us to Item 7, your public comments on general topics not on the
current or future agenda.
CHAIRMAN NANCE: Mr. Miller?
MR. MILLER: Your first speaker is Dr. Joseph Doyle. He's been
ceded three additional minutes of time from Sandra Doyle. And he will
be followed by Osmary Pino.
Page 94
January 27, 2015
DR. DOYLE: Good morning, Commissioners. Or actually, good
noon, almost. I'm Dr. Joseph Doyle, and I'm here on behalf of my
mother, Sandra Doyle. She is the property owner in Pelican Bay.
As you know, I've come before you, I think five years in a row,
every time in September, to the budget hearing, at which time the
Pelican Bay Services Division budget and assessment are discussed.
And as you'll recall, I came this past September. And for the first
time in several years, you all decided to continue over because we had
-- for a second hearing because we had an issue with the reserves. And
at that time several things came out of that meeting.
One of the things that came out of that -- actually the hearing --
was the fact that we were looking at amending the ordinance so that
Pelican Bay, just like all of the other MSTBUs, has two hearings. So I
haven't seen any traction on that. I don't know where to begin with
amending that ordinance. So I'd like some guidance there. Because,
you know, it's January, but we need to kind of move on it before
September.
The other thing is the directive came out of the second hearing, I
believe it was from you, Commissioner Hiller, that we wanted the
Pelican Bay Services Division board to develop a reserves policy.
Now, I went to the full board meeting in September and apprised
them of that. And I also went to the budget meeting in December and
restated it. There's no traction on that either. So I need some guidance
as to how do we get the ball rolling here. Because again, it's January,
and I don't want this to get too far into the year before things happen.
And I would like to bring up a concern that I have regarding the
spirit in which they supposedly want public input. I mean, as you
know, I've gone to several budget meetings over the years, I've come to
the hearings, and I wanted to share with you, after the hearings in
September, the first budget committee meeting was in December. And
I want to show you this agenda. You'll see on it that it says that any
Page 95
January 27, 2015
person wishing to speak on an agenda item will receive up to three
minutes per item. And then of course like you have here with public
comment, there's another three minutes allowed. This is the December
10th budget meeting.
They had another budget meeting this past week, actually, and
they have now changed that to any person wishing to speak on an
agenda item will receive up to one minute per item and of course three
minutes if you're just going on a non-agenda item.
I don't see where there was public notice to change that from
three minutes to one minute. I don't see how much what you can say in
one minute on an agenda item. I don't see that there's any spirit here in
wanting public input.
And then when I come in September, you know, they got mad
because you basically made them go to a second meeting because they
didn't have the public input. So I'd like to submit this into the record.
And I'd also like just for the full board in general, I'm looking at
their January 7th agenda, they too are now having one minute of public
input on an agenda item. I mean, after you say your name and all this
and that, there's not much you can do in a minute. So I'd like to file
that, almost as a citizen's complaint against the Pelican Bay Services
Division for their lack of community spirit in garnering input from all
of us.
So with that said, I'd like your guidance on the first couple of
items. And also just lodge a complaint about what that -- I think that
they should at least follow, if you were allowing us three minutes, they
should not be more restrictive than the BCC.
CHAIRMAN NANCE: Yes, sir. Well, you know, it has been
traditional that the Board of County Commissioners, I think all the
commissioners here certainly want to hear what the public has to say.
And we've also accommodated the circumstances. And I believe that
you'll also find that our Planning Commission is very, very genuine in
Page 96
January 27, 2015
allowing people to speak over the three minute time. So I certainly
endorse that. I hope we can resolve that. I don't know that one minute
is adequate to address anything. So I certainly hope that the Pelican
Bay Services Division rethinks their policy on that.
COMMISSIONER TAYLOR: I believe we can direct them to.
COMMISSIONER HILLER: I have my light on.
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: Thank you. Thank you so much,
Commissioner Nance.
Leo, can you work with Neil to address all the issues that have
been brought forward? The first being that the Pelican Bay Services
Division, all MSTUs, all MSTBUs should be treated the same during
the budget approval process. I'm not sure why we have -- and I don't
know what the history is as to why there was -- it only comes up one
time. But it really should -- I think the message here is there needs to
be uniformity.
And with respect to the reserve policy, we need reserve policies
for the county, for all the MSTUs, for all the MSTBUs. So it should be
again one size fits all. I mean, we need a policy for all of them.
And then with respect to time, I think we need one size again. I
mean, if it's going to be three minutes, you know, for -- regardless of,
you know, what the committee or the board is, it should make it the
county standard. And then it eliminates -- you know, everybody's
expectations are gauged to be the same, whichever committee,
commission or board meeting they attend.
MR. OCHS: Yes, ma'am.
If I might, Mr. Chair, with respect to the reserve policy, that is
already in process. As you know, we bring your budget guidance
document to you every February. It includes reserve policies for
various operating units. And certainly I've already made arrangements
with Mr. Isackson to make sure we have the reserve policy for the
Page 97
January 27, 2015
PBSD as part of that, Dr. Doyle.
COMMISSIONER HILLER: That's great.
MR. OCHS: And I will again carry the message from the Board
forward to Mr. Dorrill and the PBSD on these other items.
COMMISSIONER HILLER: But it should be uniform on the
other items for --
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: -- everybody. If we just have an
across-the-board uniform way of doing business, then everybody
knows what to expect and there is no unhappiness or --
MR. OCHS: Again, not to belabor this, but the Board -- most of
you weren't here, some of you were in 2006 when that Board entered
into some MOUs with the Pelican Bay Services Division that not only
with the County Board but with the County Manager that ceded them,
you know, some extraordinary latitude to run day-to-day operations
without interference. But I will do my best to try and --
COMMISSIONER HILLER: And this is really not about
day-to-day activity, this is about the board meeting and ensuring there's
adequate time for public input. So I don't think -- I know the
agreement, and I don't believe that this particular issue would overstep
the boundaries of that agreement. You know, I think -- and again, it
should be just a uniform standard. Because we do want to hear what
the public has to say. And the more issues can be vetted at committee
or advisory board level and come to us flushed out, the more efficient
we as a board can be in our meetings in making decisions.
MR. OCHS: I'm sure we can work this out.
DR. DOYLE: Thank you, Commissioners.
CHAIRMAN NANCE: Mr. Miller?
MR. MILLER: Mr. Chairman, I have just been handed a moment
ago an additional speaker slip for this item. Okay, I just wanted to
make sure.
Page 98
January 27, 2015
Osmary Pino is your next speaker. And he'll -- yes, please come
to the microphone, sir. He will be followed by Sagen Augustin, if I'm
saying that properly.
MR. PINO: Good afternoon, Commissioner. My name Osmary
Pino. I had a little complaint about the -- I have the little store on the
951 on selling the produce. And this Saturday and Sunday the market
in the police parking lot, it's killing me. And Sunday he put it next to
my store. So that's only the reason I come over here. Because I'm
supporting my family for selling the produce. And I don't know what
to do, because I pay a lot of rent, taxes, all my license. I have too many
things to pay.
COMMISSIONER FIALA: I didn't understand.
COMMISSIONER TAYLOR: So you have a stall in the farmer's
market?
MR. PINO: No.
CHAIRMAN NANCE: He has a store.
MR. PINO: The 11845 Collier Boulevard.
COMMISSIONER TAYLOR: And it's a store?
MR. PINO: A store.
COMMISSIONER TAYLOR: And you pay rent on that?
MR. PINO: Yeah.
COMMISSIONER TAYLOR: And someone has set up --
MR. PINO: Every Sunday they put the market in the corner on
my store. And Sunday -- and Saturday he put it in Golden Gate, too
close to me, so I can't make a business.
COMMISSIONER TAYLOR: And what did he put close to you?
Is it a market? It's like a travel -- like out of a truck or something?
MR. PINO: No, the produce market.
CHAIRMAN NANCE: The farmer's market.
COMMISSIONER TAYLOR: The farmer's market.
MR. PINO: Yeah, the farm market.
Page 99
January 27, 2015
COMMISSIONER HENNING: Commissioner?
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: This gentleman contacted me. I
visited his store. So I asked him to come to the Board today to explain
his dilemma.
He's in a store front that the previous tenant was not the type of
business that you really want. The Sheriffs Department was out there
quite a bit.
He's buying goods from Immokalee, vegetables from Immokalee,
bringing them to Golden Gate and selling them to the people in Golden
Gate. He tells me -- tell me if I'm wrong, he pays $5,000 a month rent
COMMISSIONER FIALA: Wow, 5,000.
COMMISSIONER HENNING: -- okay, for his storefront. And
that doesn't include electric or water or sewer, right?
MR. PINO: Yeah.
COMMISSIONER HENNING: He has all the ample parking that
he's supposed to have at this business. He's got his occupational
license, he's approved by the county to run his business there, okay.
Now, the County Manager is allowing vegetables to be sold at the
community center, and he provided me a receipt for one of the
vendors. One of the vendors is being charged $20 to be there.
This gentleman says that he's losing 80 percent of his business on
the weekends because of the market at the community center. And then
on top of that, and Nick is chasing this down, they are running the
market a half a block away from his business in a parking lot that has
no parking. And again, Nick is chasing this down. So they're parking
in his parking lot, okay?
So that's what I'm talking about, government interference with the
private sector.
And he's not the only one, okay. He's not the only mom and pop
Page 100
January 27, 2015
shop. You came from Cuba, right, to escape communism --
MR. PINO: Yeah.
COMMISSIONER HENNING: -- government interference in
your business?
MR. PINO: Yep.
COMMISSIONER HENNING: He's not the only one in Golden
Gate that government is influencing where the dollars go in Golden
Gate, all right.
Now, this vendor that the County Manager and staff is allowing at
the community center on a temporary basis, because by our ordinance
you can only have so many events.
COMMISSIONER TAYLOR: So this is a Collier County
sponsored event at the community center?
CHAIRMAN NANCE: Permitted event.
COMMISSIONER HENNING: Yeah, permitting. Taking away
money from him, and he has to pay $5,000 a month.
So they're going to be coming to -- not only to take away money
out of his pocket every weekend -- or I think it's 26 weekends, but now
they want to do it every weekend, you know. And here we've got our
parks in there and our recreation.
What I thought was is, you know, community activities such as
meetings where kids could get together for baseball, football. And now
we're competing with the private sector.
And, you know, Jeff, I don't know what the Board of
Commissioners can do with the activities, those day-to-day activities,
and the County Manager's Ordinance, or whether we can give them
direction on what should be taking place at the parks.
MR. KLATZKOW: Well, these are your parks. If you don't want
the parks used for commercial purposes, then that's the policy.
COMMISSIONER HENNING: Yeah. Yeah. I want this guy to
stay in business, okay, because he's a value. And I encourage you to go
Page 101
January 27, 2015
to his store. He's providing products to a certain sector of our
community out there. Great vegetables. I bought some. I don't want us
to compete against that, and I don't want this market in our community
center. And Nick is going to take care of the rest. You know, if they're
providing on the private sector, that's another issue, okay?
So can I make that as far as a motion?
MR. KLATZKOW: You'd have to come back on executive
summary, rethink the policy of what you want your county parks to --
COMMISSIONER HENNING: It's not our policy, it's the County
Manager's policy.
MR. KLATZKOW: No, no, no, no. The County Manager
implements your policy. If it's your policy that you do not want the
county parks used for farmer's markets, whatever, that's the Board
prerogative. But that needs to come back on executive summary.
COMMISSIONER HENNING: Okay. Even though we didn't
allow that use?
MR. KLATZKOW: You didn't allow the use. I think the
appropriate -- you've certainly been aware of the use for a while and
nobody's objected to it. I think it's a ripe subject for consideration.
Frankly, it melds into your argument with the gymnasium, with the
workout centers in the parks as well. It's the same issue.
COMMISSIONER FIALA: Same issue as what?
COMMISSIONER HILLER: It's not the same.
COMMISSIONER TAYLOR: The gyms.
MR. KLATZKOW: The gyms in the parks. It's the same issue.
COMMISSIONER HENNING: Well, my comment on the gym
was if we're going to provide that, let's not do it at a cheaper price than
what the private sector is doing. In other words, don't undercut the
private sector. In that case of my comment about not undercutting, I
don't want us to be undercutting this gentleman. And I don't see where
the county can charge $5,000 for those vendors and those vendors to
Page 102
January 27, 2015
stay in business. You know, government needs to do what it does best
and stay out of the private sector.
COMMISSIONER FIALA: My turn.
CHAIRMAN NANCE: I'm going to make a comment, and then
I'm going to go to Commissioner Fiala and then Commissioner Taylor.
Commissioner Henning, I agree with you, but I will say this: I
think that there's been an effort across Collier County to endorse
farmers markets. And one of the reasons has been because we've lost
most of our you-picks. Most of our you-pick stands that used to be
scattered across the county when we had farming close to the coast,
really offered things that people were interested in having. I think the
last one that we had was Temple Citrus you-pick over there on Airport
Road and that has finally been built out.
So, you know, because we don't have agricultural zoning near the
coast anymore, people are finding that they miss that. And I believe
that there's been an effort -- I don't believe it's been a systematic effort
by the County Manager to do that, I think it's been supported by people
all over the place. It's actually been endorsed by the City of Naples,
who I believe their policy -- Commissioner Taylor, you can correct me
if I'm wrong -- I think they actually let the policy go to property
owners where property owners can hold farmers markets within their
parking lots and so on and so forth.
So you have these things popping up all over. But there is a
conflict between how far these exercises go and the impact that they
have on small businesses. And frankly, some of our smallest
businesses are the ones that suffer the most.
I'll take it another level out. This discussion right here today with
this kind gentleman who came in to testify has to do with vegetables.
But what has happened with people that have had flea markets or yard
sales is, progressively the people participating in the yard sales and the
flea markets are offering new goods for sale. They're not offering
Page 103
January 27, 2015
homemade baked goods, they're not offering crafts, they're not offering
used books or used clothing, they actually have very cheaply obtained
new items for sale of all kinds and they're setting up right in front of
our retail vendors and basically putting them out of business.
I agree with you, Commissioner, it's -- now how do we get our
head around that? I do think that we need to come back with an agenda
item to talk about how we're going to deal with flea markets, yard sales
and farm stands. I believe that those items have a place, but I believe
that we need to carefully craft it, so they're not putting our taxpayers,
who we're charging fair fees, out of business. I think it's a tough one,
but I think it's deserving of conversation.
MR. OCHS: Mr. Chairman, I believe the Board has directed
through an upcoming LDC amendment review and study, to bring that
particular item back for Board consideration.
COMMISSIONER HENNING: That's a misunderstanding.
They're coming back to identify what is a flea market and what is a
farmers market.
CHAIRMAN NANCE: And how they function.
COMMISSIONER HENNING: Not within our park system.
That's something that the County Manager has decided on his own,
competing against private sector.
CHAIRMAN NANCE: Well, we just need to include it in the
discussion. I don't think there's going to be a fight over that, is there,
sir? No.
MR. OCHS: Commissioners, if you want to eliminate it right
now, just give me three votes and we'll do it. You know, the MSTU
Advisory Board out there in Golden Gate happens to support that
activity.
CHAIRMAN NANCE: Yeah.
MR. OCHS: In fact, I believe they support extending it, as
Commissioner Henning said, more frequently. That's a policy decision
Page 104
January 27, 2015
of the Board. If you don't want to hold them on public property or
county owned property, just give me three votes and it's done.
CHAIRMAN NANCE: Let's go around the horn here and see if
we get distilled into some sort of decision on what action to take.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. First of all, you know, I really
believe in free enterprise. And out on Marco Island they have a
veterans -- well, it isn't a flea market, veteran's farmers market every
Wednesday. I've never seen one so crowded as that. And they have
every kind of a stand and every kind of luncheon and dinners and
clothing, as well as great produce.
And so that's under the purview of course of the City of Marco
Island. It works real well. And Publix doesn't complain about it or
anything. They also sell vegetables. And Winn Dixie. And anyway,
vegetables really, when you go shopping only last a few days. You
have to go shopping again to get fresh new ones. So you're there every
day, whereas they're only going to the market once a week. And so
there is an opportunity.
And service. You get -- you know, you get better service in a
store like yours. But you can compete, I think, with that.
And at Sugden, for instance, we also have a farmer's market, and
it's something that people can walk to easily and get great parking at.
And I think that that's a good idea. And I don't think Oakes Farm
would ever complain about it or the Fresh Market. It's just part of
doing business. And so you have to do business better, wiser and more
of an outreach, you know, to attract them there.
I think if we start doing that, we might hurt vendors, a lot of lot of
vendors, rather than help them. So it's something to take into
consideration as you write this up.
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: I would support looking at this
Page 105
January 27, 2015
closely, Chairman Nance. And I think we have to decide what a
farmer's market is and license it or --
CHAIRMAN NANCE: Yes, ma'am.
COMMISSIONER TAYLOR: -- appoint it accordingly. And a
farmer's market is not a line of clothes that you're having for sale. That
is not the farmer's market.
CHAIRMAN NANCE: Wonderful.
Commissioner Hiller, and then I'm going to let Commissioner
Henning bring it on back to the barn.
COMMISSIONER HILLER: In my district, in District 2, we have
a number of farmers markets. For example, Whole Foods actually has
a farmers market on Wednesdays as part of Whole Foods. And Whole
Foods works with, you know, local farmers to help them promote their
-- the sale of their goods.
We also have North Naples Methodist. And I don't know if
they're still doing it, but they -- are they still doing the farmers market
on the weekends -- in season which was very successful.
There's no question we have to distinguish between farmer's
markets and flea markets. It's also extremely important that we
consider public safety.
I think the point that Commissioner Henning made about parking,
for example, is very important. I mean, if there is going to be a farmers
market wherever we decide to allow farmers markets, we absolutely
have to make public safety a priority, just like we do in our permanent
buildings. Because when you have a crowd at a farmers market, there
could be an issue of fire. And then how do you escape? You know,
there could be a medical emergency. How does EMS get in if there is
crowded parking and they can't have access to the facility. So I think
we have to be very careful with respect to those considerations.
As to whether or not we should allow farmers markets on
government property, I think staff needs to come back with the pros
Page 106
January 27, 2015
and cons. In some sense it doesn't make sense, in other senses -- you
know, in some other arguments it might make -- in other situations it
might make sense. So I think we need to have a staff analysis on the
benefits and the detriments of hosting farmers markets on public
facilities. And if a decision is made to host them in some facilities or
not another, then again, you have to have all consideration for public
safety as paramount. If that approval is to be -- you know, if we're
going to give that kind of approval.
But I agree with the majority of this Board, that this matter really
needs to come back and it's not something that can be considered on
the fly under comment.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: Well, I think that we can make a
decision. There's a little confusion, Commissioner Hiller, between
what's happening at the community center and then what's happening
on a private parking lot, half a block from this gentleman. And that's
being looked at.
However, what's happening, and I heard this last year from a lot
of businesses in Immokalee, there is a facility that opened up and
they're selling anything and everything, okay. They don't have, like this
gentleman does, a store front where he's paying taxes, where he's
paying rent, where he's paying electricity.
CHAIRMAN NANCE: Maybe sales taxes.
COMMISSIONER HENNING: Yeah, and sales taxes and that.
I don't want that to happen in my community. And I don't want
my government to dabble in the market. Now, that might not work
well in East Naples, or Sugden Park or Marco Island, but I see a
problem in Immokalee, and you're well aware of that, and I see a
problem in Golden Gate.
So I'm going to make a motion to direct the County Manager not
to the have open flea/farmers market at the Golden Gate Area
Page 107
January 27, 2015
Community Center.
CHAIRMAN NANCE: Second. I'll second that.
COMMISSIONER HILLER: May I?
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: I think it's inappropriate to be
voting on a matter that's not on the agenda where the public has not
received notice of what's being proposed. And I'm not saying I'm for or
against what you're proposing as to why I'm making this statement.
I think procedurally this is really inappropriate. Leo indicated that
there is an MSTU or MSTBU advisory board out there?
MR. OCHS: Yes, ma'am, at the Golden Gate Community Center.
COMMISSIONER HILLER: And they're supportive of this. So I
think it's important that we have input. And at the end of the day you
may be absolutely correct and the decision that the majority of this
Board will come to will be to support what you want. But it is not on
the agenda. The public should have an opportunity to either support or
oppose the position based on information put together by staff. And I
don't think it -- I mean, I absolutely would not agree to voting on
something that hasn't been noticed in this case.
COMMISSIONER HENNING: Well, Commissioner Hiller,
I recall after we've taken motions and voted on it, you've brought up
other motions that wasn't on the agenda. The only reason I brought it
up as a motion is Commissioner -- or Leo Ochs says, you know, gets
three votes from the Commissioners now and we'll just take care of it
right now.
COMMISSIONER HILLER: Which is --
COMMISSIONER HENNING: That's why I did it.
COMMISSIONER HILLER: Which is inappropriate.
And I have to clarify --
COMMISSIONER HENNING: That's your opinion.
COMMISSIONER HILLER: -- that we have the ability, when an
Page 108
January 27, 2015
issue comes before us, a recommendation for a motion is not notice
that that is the only way the issue before us is going to be decided. That
is an improper analogy. And I think we have to be fair to the public. So
I find it unacceptable.
And procedurally, Commissioner Nance, I would ask that you
respect what the majority of the Board wants and that is to have this
matter brought back as an agenda item with staff providing us with the
information so we can make the right decision with staff input and
public input.
CHAIRMAN NANCE: That having been said, Commissioner
Henning, would you support a temporary moratorium until the item
can be brought back?
COMMISSIONER HENNING: Only if Commissioner Hiller
would do the same for the motions that she brings that's not on --
CHAIRMAN NANCE: Well, that's what we did --
COMMISSIONER HENNING: -- the agenda.
CHAIRMAN NANCE: -- with the RaceTrac.
COMMISSIONER HENNING: She does that --
CHAIRMAN NANCE: Don't we go in and have a temporary
moratorium until we could bring a sensitive issue back? I mean, that --
COMMISSIONER TAYLOR: Commissioner Henning, that was
my thought when I wanted --
CHAIRMAN NANCE: Commissioner Taylor.
COMMISSIONER TAYLOR: -- to speak, you know, would you
consider amending your motion. Because then it does -- we've solved
the problem.
CHAIRMAN NANCE: We can bring it back.
COMMISSIONER TAYLOR: It stops, this man has a good
weekend for a change, and we get the people in here and we have the
public hearing and we don't get all the negativity that we might get
because the public feels like they've been exposed.
Page 109
January 27, 2015
COMMISSIONER HENNING: And that's fine. It's just that
Commissioner Hiller, all the time, after we vote on an item, she brings
up a motion. She needs to recognize and stop that process and, you
know, do what she says.
COMMISSIONER TAYLOR: So you agree to amend your
motion?
COMMISSIONER HENNING: I agree.
COMMISSIONER TAYLOR: Okay, seconder?
CHAIRMAN NANCE: Now, now. Time out.
COMMISSIONER HILLER: I'm sorry, the county --
COMMISSIONER FIALA: He's the Chairman.
CHAIRMAN NANCE: Commissioner Fiala, do you have a
comment?
COMMISSIONER HILLER: County Attorney wants to speak.
COMMISSIONER TAYLOR: Oh, you have a comment.
COMMISSIONER FIALA: I just worry about the people who
will be put out of business if this all changes. I think it's worth
discussion before we make a final decision.
CHAIRMAN NANCE: Okay, well, if I read you right,
Commissioner Henning, you are changing -- Mr. Klatzkow?
MR. KLATZKOW: I just need clarification on one issue from the
County Manager.
COMMISSIONER TAYLOR: Why do we need to hear from --
I'm sorry. I'm sorry.
MR. KLATZKOW: Do we have contracts with these vendors?
MR. OCHS: You have permits and rental agreements in place
that we will terminate if the Board directs --
MR. KLATZKOW: Do you have the ability to terminate them on
notice?
COMMISSIONER HENNING: I've asked for contracts.
MR. KLATZKOW: I've never seen contracts.
Page 110
January 27, 2015
MR. OCHS: No, I said a rental agreement.
CHAIRMAN NANCE: Rental agreement. But not a contract for
service.
MR. KLATZKOW: Well, it's an agreement.
MR. OCHS: It's an agreement, but it's a rental agreement --
MR. KLATZKOW: I don't want us to --
MR. OCHS: -- that I forwarded --
MR. KLATZKOW: -- inadvertently being breached.
MR. OCHS: Mr. Carnell, can you help us with these at will --
MR. CARNELL: I've got to tell you, I'm not absolutely certain.
I believe the agreements have a termination provision, but I'd have to
verify that for you, sir.
COMMISSIONER HENNING: They're a standard agreement.
MR. KLATZKOW: Provided that these agreements have the
termination for convenience, all right, then whatever you want to do is
okay with me.
COMMISSIONER HENNING: That's part of my motion.
CHAIRMAN NANCE: Commissioner Henning has agreed to
change his motion to a temporary moratorium. I am the seconder, I
agree to that change.
Any further discussion on this item?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: All those opposed?
COMMISSIONER HILLER: Aye.
Page 111
January 27, 2015
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Okay, it passes 3-2 with Commissioners
Hiller and Fiala in dissent.
COMMISSIONER TAYLOR: Now, just to dovetail on that, part
of that motion, did it include coming back here for a full discussion?
COMMISSIONER HENNING: Yeah.
COMMISSIONER TAYLOR: If it didn't, then we need to do
that. Okay.
COMMISSIONER HILLER: It doesn't.
COMMISSIONER TAYLOR: I didn't think --
CHAIRMAN NANCE: Would you like to make another motion,
Commissioner Henning?
COMMISSIONER HENNING: No, because my motion, on the
contrary of what Commissioner Hiller thinks, it reflects what
Commissioner Taylor's concern was.
(Cell phone ringing.)
CHAIRMAN NANCE: That's the good, the bad and the ugly, sir.
COMMISSIONER TAYLOR: The good, the bad and the ugly.
CHAIRMAN NANCE: We're trying to finish here.
All right, we have one more -- sir, thank you very much. I hope
that you haven't gotten tired of standing there, but we're -- thank you
for your testimony.
COMMISSIONER HILLER: Can I just say one thing? As to
those people who are improperly parking on your property, I mean, it's
private property and you have the right to tell them that they can't park
there. And if you have people who are trespassing, you should notify
the Sheriff and tell them that these people, you know, are trespassing
on your property in your parking spots so that people who do want to
use your business have the opportunity to park and frequent your store.
MR. PINO: All right.
COMMISSIONER HILLER: So it's important.
Page 112
January 27, 2015
MR. PINO: Yeah, but sometimes the people you talk to, the
people don't understand.
COMMISSIONER HILLER: Well, no, no, just call the Sheriff.
MR. PINO: All right.
COMMISSIONER HILLER: Yeah, and let them know that these
people are trespassing --
COMMISSIONER HENNING: I'll give you Commissioner
Hiller's cell phone number, she'll come out there and take care of it for
you.
CHAIRMAN NANCE: Now, now. Our last public speaker --
MR. MILLER: Mr. Chairman, your last public speaker is Sagen
Augustin. And I'm sorry if I'm not pronouncing that correct, sir.
MR. AUGUSTIN: No problem.
My name is Sagen Augustin. And basically I'm a lifetime resident
of Naples. And the thing that got me the most is in regards to Mr.
Henning about this conversation. It's very educational for me to come
here. You and I actually have a lot in common. I'm an alumni of Lely
High School. And I read that about you. And you devote yourself to
the community, which is great.
It's just I'm not going to lie. I vote the -- typically I vote the same
way you do. I'm a conservative. And I fall along the same lines. But it's
like in a day and age where Republicans and Conservatism is
associated with hatred, the comments that came on in the newspaper, it
just came away way -- it hit me really hard. And that's what -- I think
that was the most difficult thing about it. Because generally as I'm
sitting here, I agree with everything you guys are saying in regards to
the government being part of the business and things like that. But it
just hit me really hard to hear that, because it hurts, you know. Because
a lot of those people are working class people. And that was the most
difficult thing about it, to hear that.
But, I mean, what you want to do I think is the right thing to do as
Page 113
January 27, 2015
far as helping that guy's business out, and especially the amount of fees
that he pays and things like that. But I just wanted to mention that,
because it just was portrayed the wrong way.
COMMISSIONER HENNING: And if you stick around, I'll
address it later under Commissioner's comments.
MR. AUGUSTIN: All right.
COMMISSIONER HENNING: And thanks for being here.
MR. AUGUSTIN: No problem.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
CHAIRMAN NANCE: All right, Mr. Ochs, I believe that takes
us to staff and general communications; is that right?
MR. OCHS: That's correct, sir.
CHAIRMAN NANCE: You want to touch on the -- why don't
you touch on the current BCC workshop schedule and then we'll go to
commissioner's comments.
MR. OCHS: Yes, sir.
CHAIRMAN NANCE: I think we've got a pretty full agenda on
that, do we not?
MR. OCHS: Yes, sir. These are up on the visualizer represent
(sic) your upcoming workshops. You see that you're scheduled up
through April. And there was --
CHAIRMAN NANCE: Because these have been so productive, I
would suggest that going forward under -- on the agenda itself under
current BCC workshop schedule, we publish the days of the week and
the dates on these so the public knows what's coming up. You know, a
lot of times we haven't had a lot of the public, but maybe there are
some people that want to come in on these items. But this is really,
Page 114
January 27, 2015
really good.
COMMISSIONER FIALA: First Tuesday of every month, right?
CHAIRMAN NANCE: Yes.
MR. OCHS: Yes.
CHAIRMAN NANCE: Workforce housing on April the 2nd.
We've got the CRA and then park impact fee. That's park impact fee
and funding workshop, right?
MR. OCHS: Yes, sir.
CHAIRMAN NANCE: Okay.
COMMISSIONER HENNING: Commissioner Nance?
CHAIRMAN NANCE: Yes, sir. Commissioner Henning, sorry.
COMMISSIONER HENNING: I know the auditing department
is going to have a final report on fleet maintenance management in the
near future; is that right, Crystal?
MS. KINZEL: Yes.
COMMISSIONER HENNING: And I don't know exactly what's
in there, but I know they've been auditing that department for quite a
while. Quite frankly, I think it's worthy to put that discussion off until
we get the audit.
CHAIRMAN NANCE: You're suggesting then that we defer fleet
maintenance to a later date to allow the Clerk's study to become
completed?
COMMISSIONER HENNING: Yeah. For the Board to receive
the Clerk's audit.
CHAIRMAN NANCE: What's the feeling of Board members on
deferring that item from February until later?
Commissioner Hiller?
COMMISSIONER HILLER: Why is the Clerk's audit taking so
long? How long has it been ongoing?
MR. OCHS: Ms. Price, how long?
MS. KINZEL: It's been a little over a year. I can answer that for
Page 115
January 27, 2015
you, Leo.
COMMISSIONER HILLER: Yeah. Can you go ahead and
explain?
MS. KINZEL: Well, it is taking long because the fleet operations
are obviously huge operations. And we've also had some other audits
come up in between. So it isn't as though we have staff working 100
percent on only that audit. But it is coming to completion and so we
hope to have it done very shortly.
I am supposed to get a draft this week, final draft, and then it will
go to the departments and give them the opportunity to turn it around
and comment. So I do recommend we give them a little bit of time to
digest it. We usually meet with the departments, go over any
comments before we prepare the final document.
COMMISSIONER HILLER: Leo, has that audit gone on for a
year?
MR. OCHS: I'm sorry, ma'am?
COMMISSIONER HILLER: Has that audit been going on for a
year?
MR. OCHS: I believe so, yes.
CHAIRMAN NANCE: All right. So Mr. Ochs --
COMMISSIONER HILLER: Hang on a second. I'm still waiting
for staff to address my question.
Go ahead, Len, can you explain to me exactly how this audit is
being conducted?
MS. PRICE: No, ma'am. I can only tell you that it started -- April
will be two years. We had --
COMMISSIONER HILLER: Two years?
MS. PRICE: Yes, ma'am. We had a kickoff meeting. We did have
a small lull because we had a death of a very key management staff
member. And last December or shortly before December I saw a
preliminary report, because we have changeover in leadership, and
Page 116
January 27, 2015
that's really the last I've heard.
Now, I know that the audit staff has been working with our staff
as they see issues, and we've been trying to correct them as we go, so
that when we do get the final report, then you'll see that a lot of the
issues have already been taking care of by the time we bring it back to
you.
COMMISSIONER HILLER: Thank you, Len.
Leo, I'm very concerned. I don't understand why the audit of this
division has been going on for two years when, you know, Crystal just
said it's been going on for one year.
And at some point are you not being given -- isn't there an
engagement letter between you and the Clerk with respect to, you
know, the audit, what the objective is, what the time frame will be and
what the nature of his testing will be?
I mean, this is -- I mean, you just -- audit just doesn't go in there,
park themselves and -- I mean, that I would think would be very
disruptive to any department under audit, you know, in terms of doing
their business. I don't -- that's not normally how audits are conducted.
So can you come back and tell the Board what's going on and describe,
you know, what the situation is? And, you know, were you given an
engagement letter, do you have parameters, why has it taken two years
and Crystal is saying one year? And why would it even take one year?
MR. OCHS: Well, yeah, I'd be happy to work with the staff and
bring back that --
COMMISSIONER HILLER: I would like that information.
Thank you.
CHAIRMAN NANCE: All right, I believe that takes to us staff
and commission general communique -- sir?
MR. OCHS: I'm sorry, Mr. Chair. I think Commissioner Henning
was asking, or there was some discussion about moving the fleet
maintenance item to a later audit date?
Page 117
January 27, 2015
CHAIRMAN NANCE: I'm sorry, Commissioner Henning is
suggesting, and we're looking for guidance from the Board, to defer the
workshop on fleet maintenance until this audit is somehow concluded.
Is that agreed to by all the Board?
COMMISSIONER HILLER: I don't think -- I'd like to comment
on that. I don't think it's necessary, because what we're addressing in
the discussion on fleet maintenance is not whether, you know, internal
controls are strong or weak and what the issues are with respect to the
financial management of fleet. What we are specifically looking at is
whether or not we should be outsourcing in whole or in part fleet
maintenance either independently or in collaboration with, for
example, the Sheriff and the school district if there's -- you know,
we're looking at a business decision. We're not looking at operational,
you know, financial management issues.
So I think the audit doesn't have anything to do with what we're
addressing in this workshop. And I think we should look at the cost
benefit analysis and what type of operational efficiencies we could
possibly glean from outsourcing. And that was what was the impetus
for scheduling it on the 3rd of February. So I don't think the audit has
anything to do with that decision.
CHAIRMAN NANCE: I think certainly operational efficiencies
and effectiveness certainly do. But, any other comments by the Board?
What are the feelings of the Board on extending this? Any other
comments from Board members on the suggestion by Commissioner
Henning that we defer this fleet maintenance workshop?
COMMISSIONER TAYLOR: I think it's a good idea.
CHAIRMAN NANCE: To defer it?
COMMISSIONER TAYLOR: Yeah.
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: Yes, I would go along with deferring
it.
Page 118
January 27, 2015
CHAIRMAN NANCE: I think we have four nods, sir, out of five
to defer that.
COMMISSIONER FIALA: Leo, do you have any comment?
MR. OCHS: No, ma'am, whatever the Board's pleasure. We're
prepared to go on the 3rd. If you want to schedule it at a different time,
we're prepared to deliver it whenever the Board would like. I don't
know if you want to try to schedule it after April 7th or you want to do
it in conjunction with the CRA and the impact fee item? That would
give you a third item on April 7th. Or if you want to look at May.
CHAIRMAN NANCE: Can we go into May?
MR. OCHS: Whatever the pleasure of the Board, Mr. Chairman.
COMMISSIONER TAYLOR: Do you think, is it realistic to
think that perhaps by March the 3rd you're ready to go and maybe
switch the workshop on March 3rd to February the 3rd?
COMMISSIONER HILLER: That's exactly what I was thinking.
That's exactly what I'm thinking. I mean, if you're going to do that,
why not just add library and affordable housing on the 3rd and move
fleet to the 3rd of March.
CHAIRMAN NANCE: Ms. Kinzel, are you going to be
substantially completed --
MS. KINZEL: We will --
CHAIRMAN NANCE: -- by March timeframe?
MS. KINZEL: We will make that deadline, yes.
CHAIRMAN NANCE: So we're going to bring a two-year travail
to a conclusion in March.
MR. OCHS: Mr. Chairman, my only concern is I know your
Affordable Housing Advisory Board is very involved in this workshop
presentation. I don't know sitting here if moving that up to next
Tuesday is going to create a problem for them. I would like at least to
confirm with them.
CHAIRMAN NANCE: I'm going to make a motion we move it to
Page 119
January 27, 2015
May, instead of disrupting everything in the world over this item. If
there's a second.
COMMISSIONER FIALA: You know, I'll second that. Because I
don't know that there's any necessity to rush it through anyway. So it's
fine with me.
CHAIRMAN NANCE: Discussion on the motion?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER HENNING: Wait, shouldn't we wait for the
public input?
CHAIRMAN NANCE: Is there public comment on this item?
COMMISSIONER HENNING: Or put it on the agenda, have an
executive summary?
COMMISSIONER FIALA: Pardon me? Are you being sarcastic?
COMMISSIONER HENNING: I am.
CHAIRMAN NANCE: Yes, he is.
COMMISSIONER FIALA: I thought I recognized that.
CHAIRMAN NANCE: Is that an aye, Commissioner?
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Aye.
MR. OCHS: May 5th, correct, sir?
CHAIRMAN NANCE: May 5th would be the day.
Any opposed?
(No response.)
CHAIRMAN NANCE: All right, May 5th it is.
MR. OCHS: Mr. Chairman, my only other comment for
Page 120
January 27, 2015
communications was I had the opportunity to sit in with the Chair
yesterday in a brief conversation with the new secretary to the
Department of Environmental Protection and have a discussion with
the new leadership there about the go-forward plan on working
collaboratively as this Board has directed with FDEP to advance the
legislative and regulatory reform efforts related to oil drilling in the
spring. So I'm sure the Chair will fill you in on some of that. But I
think it was a very productivity conversation from my standpoint.
That's all I have today, Commissioners.
CHAIRMAN NANCE: Thank you.
Mr. Klatzkow, anything?
MR. KLATZKOW: Nothing sir, thank you.
CHAIRMAN NANCE: Commissioner Henning, would you like
to begin?
COMMISSIONER HENNING: Yeah, thanks.
Comment that I made at the last meeting I guess needs further
clarification. Even though we tried to -- it was in the media, but we
tried to further clarify. My comment had nothing to do with
individuals, it had to do with the structure, which has no structure, and
therefore, it's always moving. It's not there on a "you can count on it,"
they're there. It wasn't about Romanian people or degradation of their
character. However, the Hispanic community is now upset about my
comment. Which is disheartening because, you know, some of my best
friends that I went to high school, graduated with, you know, they go
out on my boat, they're Hispanic. We do activities together. There's no
animosity between myself and the Hispanic community. In fact, there's
a business, Hispanic business that I frequent all the time and got to
know the people who own it. I brought over fish, lobster that I've
caught over to that family. They've had me over to their farm. My son
and I -- had my son and I over to their farm. There's no animosity
whatsoever with the Hispanic people and myself.
Page 121
January 27, 2015
In fact, Commissioner Nance, I take my son Austin to Immokalee
to what I consider the only authentic restaurant. That's the only
purpose that we go out there. Besides go to the market out there. What
is -- that is an established business. It's there, it's open all year around,
okay. Both of those are run by Hispanics. In fact, my son Austin told
me, he says Dad, I'd rather come here than go to McDonald's.
So yeah, not only do I, you know, associate with Hispanics, I
frequent their business. You know, I give them money. So it is really
disheartening what some are trying to perceive me in the community.
But it is what it is. And I'm going to -- I'm glad I had the opportunity to
clarify and apologize, if somebody took my comment the wrong way.
But I'm going to conduct myself the same way I did in the past and that
is enjoy my friends, enjoy the businesses and other relationship what I
have with the Hispanic community. So thank you.
CHAIRMAN NANCE: Thank you. Anything else?
COMMISSIONER HENNING: That's it.
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: No. No comment.
CHAIRMAN NANCE: Holy mackerel.
Commissioner Taylor?
COMMISSIONER TAYLOR: Ah, yes. Well, I have two. Okay,
first of all, I'd like to see if we have any consensus on the Board to
develop a formal policy on how surplus items are awarded. I've been
told by the Clerk's Office there isn't a formal policy and I think it
would be great to do it.
That way -- and I remember a comment on the Board. I remember
there was some -- we were passing something and I think
Commissioner Fiala said, oh, this agency would have liked those also.
So let's just establish a formal policy and then everyone that
would like to partake in our surplus equipment would have the equal
opportunity.
Page 122
January 27, 2015
CHAIRMAN NANCE: Commissioner Taylor, why don't you
bring back a little agenda item and I could certainly support that, and
that will give you your first shot at --
COMMISSIONER TAYLOR: Okay.
CHAIRMAN NANCE: -- putting one together. I think it's an
excellent idea. It was actually on my list as well, ma'am.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN NANCE: What else?
COMMISSIONER TAYLOR: And then the saga goes on about
the lobby and photographs. And I'm so sorry, because the art
associations, they had great ideas and somehow it's slowing down, but
I was told by, I think some staff here, and I don't remember, I think
Lee, my executive coordinator, there were some photographs -- oh,
yes, that's what happened, the same day we got a letter from our former
Clerk of the City, Tara Norman, because her husband worked up here
years, and there were photographs of the former commissioners. Are
we objecting to putting those back? I promise I would arrange them.
COMMISSIONER HILLER: The issue with those photographs is
they were very unhappy, sad photographs.
COMMISSIONER TAYLOR: Sad looking?
COMMISSIONER HILLER: It looked like a morgue. I mean, it
literally looked -- not a morgue but a like here rests, as opposed to, you
know, happy pictures. What --
CHAIRMAN NANCE: There were some grumpy people there,
ma'am, actually.
COMMISSIONER HILLER: I'll tell you, you know what would
really be fun? And I thought of this, because I've always been thinking
of what we could do in -- actually in this room as well as the lobby and
the hall. When you go up to Tallahassee and you walk the halls, what
is so much fun is they have photographs of the lawmakers in action.
And it is really neat to see, you know, photographs of, you know,
Page 123
January 27, 2015
lawmakers, you know, on the dais or, you know, in the hall or maybe,
you know, with an arm around a constituent. And then you have a
memory of these lawmakers. And of course they're really nicely
framed and they have a, you know, little caption of who's doing what
with whom, and it gives life to the people.
CHAIRMAN NANCE: This seems like lobbying for reality TV
to me.
COMMISSIONER HILLER: You are sweet.
So it would really be nice. And we should recognize our past
commissioners, and I've been thinking about that too. And especially
with your photographic skill, what would be really with the past
commissioners, if we could take the pictures out of those horrible
black frames, if we could, you know, put them in like something a
little more tasteful, modern and maybe have a collogue of maybe, you
know, six commissioners in each frame. Maybe for like the
commissioners of a particular decade organized in one frame with a
nice, you know, boundary. And we could -- you know, a nice, maybe
like chrome, thin chrome frame, something to fall in line with what
we've got, and figure out where we could place that. I mean, we've got
lots of blank wall space. And I think there's a lot we can do with that.
But it would be nice to -- I agree, I do want to see our past
commissioners recognized, but not in the fashion in which they were
recognized. It was really not happy.
COMMISSIONER TAYLOR: I can visualize.
COMMISSIONER HILLER: It was horrible. Horrible.
COMMISSIONER TAYLOR: I can visualize it. And maybe what
we could do --
COMMISSIONER HILLER: And a lot of these commissioners
are alive. And on these walls they look like they were already dead.
COMMISSIONER TAYLOR: What if we --
COMMISSIONER HILLER: Really distasteful.
Page 124
January 27, 2015
COMMISSIONER TAYLOR: What if we -- and I understand at
one point commissioners were elected at large and then they went to
districts. So maybe I can sort of dive into this --
COMMISSIONER HILLER: It would be fun.
COMMISSIONER TAYLOR: -- and see the grouping.
But I also thought, why not throw a historic photograph in there.
COMMISSIONER HILLER: Yeah, absolutely. But that's --
CHAIRMAN NANCE: This is a genealogical project.
COMMISSIONER HILLER: And I agree with you. And that's
what --
(At which time, Commissioner Henning exited the boardroom.)
COMMISSIONER TAYLOR: We just lost him.
COMMISSIONER HILLER: Here's why. Because we care, all
right?
So I think you're absolutely right. And I think if we -- and I think
that's exactly what should happen, and that's what they do at the
legislature. I mean, you've got pictures of-- yeah, you want life, you
want the buildings, you know, like for example, some of those
photographs downstairs that are in the lobby are phenomenal. And I
agree with you, we need interest. I mean --
COMMISSIONER TAYLOR: To make it look more than a
morgue.
COMMISSIONER HILLER: Right, to give it life, to give it
character. You, you --
COMMISSIONER TAYLOR: Do you still trust me?
COMMISSIONER HILLER: I trust you.
COMMISSIONER TAYLOR: Okay. Then I'll bring it back
before any nail is knocking outside.
COMMISSIONER HILLER: Yeah. And the key is keep it -- like
bring out like more of a modern spirit.
COMMISSIONER TAYLOR: Yeah.
Page 125
January 27, 2015
COMMISSIONER HILLER: You know, keep it in line with what
we've done in terms of taste and making it more contemporary.
Because it was really dated in terms of its style.
CHAIRMAN NANCE: We'll defer this to our interior decoration
team.
COMMISSIONER FIALA: They both hit the subjects I also
received information on. So I'll just say absolutely, when they removed
all the pictures in the hallway here, it looked like a dead zone. And
then all the pictures came out of our waiting room and it looks so --
COMMISSIONER HILLER: Sterile.
COMMISSIONER FIALA: -- foreboding with nothing in there at
all. There's nothing that says welcome. It's like you're not wanted here.
So I think we should also have some art on the wall in the Commission
office, the reception area. Some color, something. But not --
COMMISSIONER HILLER: Not cheap commercial art. You
know, like when they had --
COMMISSIONER FIALA: You mean velvet painting is --
COMMISSIONER HILLER: Yeah, I trust Penny.
CHAIRMAN NANCE: If we have one of Mayor Hamilton, we
might not want to exclude that art form.
COMMISSIONER HILLER: Listen, we are not excluding him at
any cost.
COMMISSIONER FIALA: I think we need to do something at
that end.
Of course also when you were talking about donations, I think we
ought to think also whether they're private donations or whether they're
dedicated donations. You know, like somebody was talking about if
you donate to a library. Well, like Nick Linn, he donated a great deal
of money and he has a series named after him. Thereto might be things
that people want to do, and I don't think we have a right to say well,
you can't use your money there because we want it this way. I think
Page 126
January 27, 2015
that that's way wrong.
COMMISSIONER TAYLOR: I was one of the initial on the
ground floor of the Public Arts Advisory Committee, and one of the
very first people that came before us was an artist from Italy who was
actually from Naples and he wanted to give us a sculpture of Vesuvius
to put in the park. It gets a little tough. Sometime -- we didn't accept it,
obviously. But --
CHAIRMAN NANCE: Mount Vesuvius?
COMMISSIONER TAYLOR: Yes. Erupting.
CHAIRMAN NANCE: I don't mean to be disrespectful, I'll get
myself in trouble.
COMMISSIONER FIALA: So my --
COMMISSIONER HILLER: It's art.
COMMISSIONER FIALA: -- the end of my comments were that
public art, if we're going to put any kind of art, they should be
something local. That's where we are.
COMMISSIONER TAYLOR: Yes.
COMMISSIONER FIALA: I think that we have a lot of proud
things that we should be, you know --
COMMISSIONER TAYLOR: That's right.
COMMISSIONER FIALA: -- patting ourselves on the back for,
and it wouldn't hurt to show them all on the walls.
COMMISSIONER TAYLOR: And again, commissioners from
all these different districts --
COMMISSIONER FIALA: Right. That's what Tara Norman has
said.
COMMISSIONER TAYLOR: -- Marco Island. And certainly
Chairman Nance from Immokalee, I mean, there's some pretty
extraordinary artists out there. And they need to come. Because right
now we're having a little trouble with something.
COMMISSIONER HILLER: I think that's a much better
Page 127
January 27, 2015
approach to getting it done.
And Commissioner Taylor, any help you need, let me know.
Because you know I love that. I love the art, I love the --
COMMISSIONER TAYLOR: Well, I'm going to bring it back.
CHAIRMAN NANCE: I'm going to try to wrap this up because
it's getting to be the witching hour here.
I have three shout-outs on great things. One of them was this last
Sunday, the Swamp Buggy races were amazing. That was the largest
crowd I think I've ever seen there, and I've been coming there since the
Sixties. It was extraordinary. The weather was Chamber of Commerce,
the racing was absolutely fantastic.
If you haven't been there, the next one's going to be March 28th,
and I believe it's at night. You ought to really check this out. Swamp
Buggy racing at night is amazing.
The Immokalee Rodeo is coming up on Friday, January the 30th,
starting at 730 p.m. And Saturday, January 31st at 2:00 p.m. in the
Seminole Youth Ranch. Tickets are $12.00 for adults, $5.00 for
children.
Followed up very closely thereafter with of course the annual
Everglades Seafood Festival in Everglades City on Friday, Saturday
and Sunday, February 6th, 7th and 8th. There's a wonderful art exhibit
on the Calusa Indians right over here at our Collier Museum that's
going to be there since (sic) March 31st.
Now, two very serious things that I want to address. Number one
is a very, very good news item. The construction of the additional
facilities at the Southwest Florida Research and Education Center at
Immokalee are going ahead. There's a --
COMMISSIONER TAYLOR: Congratulations.
CHAIRMAN NANCE: -- $2 million capital project there. Of
course our legislative priorities were to help get operational funding for
that.
Page 128
January 27, 2015
Dr. Calvin Arnold, who's the center director out there, has been
extraordinary. The big news is, Dr. Arnold, together with top
executives at the University of Florida are going to be getting together
with Bruce Register and our staff, Marshall Goodman, the County
Manager, myself and others to work together on our accelerator in
Immokalee. This is going to be a meeting that's going to be together
with executive senior vice president Jack Payne, the University of
Florida IFAS in Gainesville; the senior Dean of Extension, Nick Place;
the South Central Florida Regional Extension Director, Charlie
Vavrina, who's a personal friend of mine, as well as extension staff and
Collier County staff. So all these people are going to be networking
with us on our accelerator project in Immokalee. This is going to really
put us on the map in the state as something to see.
Additionally, a long-term IFAS employee and faculty member
with extension, Robert Hallman, is retiring. He just had a little
gathering out there at the extension offices.
In view of what we have going on with our accelerator and
economic development and our new partnership with the University of
Florida, his open position is being filled by somebody in food systems.
So what an extraordinary relationship that we're establishing here. All
good news.
COMMISSIONER TAYLOR: Congratulations.
CHAIRMAN NANCE: And also of great interest to everybody,
we now have a new Department of Environmental Protection Secretary
Jonathan Steverson. And his staff member, who is a Director of
Regulatory Programs, is Paula Cobb. It was my pleasure, together with
the County Manager, to have a conversation with them a couple of
days ago, and obviously these administrators have only been on the job
a couple of weeks. So we are at this very moment wanting to talk to
them about their approach to our agreement, together with Collier
County and the stakeholders, property owners and stakeholders on the
Page 129
January 27, 2015
oil and gas regulation regulatory program going forward.
And Mr. Ochs has been established as the lead communication
person to distribute information to the Board in a timely fashion, to our
staff in a timely fashion, and be the nexus of information going
forward.
What was communicated, and there have been a couple of
editorials in the media and articles of concern regarding this, is that
Secretary Steverson sees the necessity to have a placeholder for
legislation and also simultaneously work on our agreement and our
issues from a rule-making perspective. And so they are gearing up to
do that.
We have re-forwarded to them our recommendations. They're
also in receipt of information relating to past activities from the three
consultants that we've been working with, which includes the county's
consultant, AECOM, Conestoga-Rovers, who's done consulting with
Collier Resources, and also the new ALL Consulting, which is the
consultant of DEP.
So my message is that things are in process. Senator Garrett
Richter is completely understanding of where we are. He is going to
take the lead on our legislative delegation to make sure we're moving
in the right direction from a legislative standpoint. And I believe that
everyone's going to coalesce around the new DEP staff at this moment.
So I would report to you that things are moving forward as
rapidly as we can with pretty much a completely new staff. The only
current member that we have is their general counsel, Mr. Leopold
who Mr. Klatzkow has been in contact with. So we are establishing the
communique that we said we wanted. They agree and have committed
two full open communications going forward and things are underway.
Commissioner Hiller?
COMMISSIONER HILLER: I am very glad to hear that the new
secretary is committed to bolstering the regulations that are being
Page 130
January 27, 2015
proposed. Because what was proposed was short of nothing.
And I know when Commissioner Fiala and I go up, we are going
to, since it is part of our legislative priorities, we are going to do
everything necessary to make sure that what the Board intended is
what is advanced.
And Leo and Jeff, you need to make absolutely sure that the
agreement that DEP has entered into with us is respected by them and
that we need to see what they are proposing before it's presented and
have the opportunity to provide input when we're up there, as well as at
the Board level to ensure that the standards are adequate to protect both
the public and the environment.
Because what happened was completely unacceptable. And
there's no one in this community who found what was proposed is
anywhere close to enough. No one from the -- you know, from the
companies that own those mineral rights to the environmental
community to the constituency. Nobody was happy. Everybody was
just sorely, sorely angry at what was presented. It was unacceptable.
CHAIRMAN NANCE: The placeholders are in place to move
forward, and I think that Senator Richter, as well as Representative
Hudson, Passidomo, Senator Bullard, everybody out there is going to
be working on this. And I think we're -- like I say, the fact that we have
a brand new DEP secretary in an all new director of regulatory
programs is being overcome by us pushing forward on this issue.
Any other comments?
(No response.)
CHAIRMAN NANCE: If not, I'll entertain a motion to adjourn.
COMMISSIONER FIALA: Motion.
COMMISSIONER TAYLOR: Second.
COMMISSIONER HILLER: Third, fourth.
CHAIRMAN NANCE: Third and fourth. We're adjourned. Thank
you. Great meeting.
Page 131
January 27, 2015
**** Commissioner Henning moved, seconded by Commissioner
Fiala and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted ****
Item #16A1
A ONE YEAR EXTENSION TO COMPLETE SUBDIVISION
IMPROVEMENTS ASSOCIATED WITH FIDDLER'S CREEK
PHASE 3, UNIT ONE (AR-1607) PURSUANT TO SECTION
10.02.05 C OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE — THE OWNER HAS USED THE TWO (2) TWO YEAR
EXTENSIONS ALLOWED UNDER THE LDC AND IS
REQUESTING AN EXTENSION TO APRIL 29, 2016
Item #16A2
CLERK OF COURTS RELEASE OF A CASH BOND IN THE
AMOUNT OF $4,060 AND PERFORMANCE BOND IN THE
AMOUNT OF $19,640 POSTED AS DEVELOPMENT
GUARANTIES FOR WORK ASSOCIATED WITH HALDEMAN'S
LANDING EARLY WORK AUTHORIZATION'S PL20140001581
AND PL20140002326 — CONSTRUCTION PLANS WERE
APPROVED SEPTEMBER 30, 2014, THEREFORE SECURITIES
POSTED FOR CLEARING AND SITE FILLING ARE NO
LONGER REQUIRED
Item #16A3
CLERK OF COURTS RELEASE OF PERFORMANCE BOND NO.
SEIFSU0401543 IN THE AMOUNT OF $1,000,000 POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER 60.109,
Page 132
January 27, 2015
(PL20120001267) FOR WORK ASSOCIATED WITH THE BENT
CREEK PRESERVE — ASSOCIATED WORK HAS BEEN
INSPECTED AND THE DEVELOPER'S COMMITMENTS HAVE
BEEN FULFILLED WITH RESPECT TO THE SECURITY
Item #16A4
CLERK OF COURTS RELEASE OF PERFORMANCE BOND
NO. 41262906 IN THE AMOUNT OF $738,246.67 POSTED AS A
GUARANTY FOR EXCAVATION PERMIT NUMBER 59.982,
(PL20130000727) FOR WORK ASSOCIATED WITH THE
MOCKINGBIRD CROSSING — ASSOCIATED WORK HAS
BEEN INSPECTED AND THE DEVELOPER HAS FULFILLED
HIS COMMITMENTS WITH RESPECT TO THE SECURITY
Item #16A5
RECORDING THE MINOR FINAL PLAT OF TWINEAGLES
GRAND ARBORS BLOCK 110 REPLAT, APPLICATION
NUMBER PL20140001445 — THE DEVELOPER MUST RECEIVE
A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES
BEFORE A FINAL APPROVAL LETTER IS ISSUED AND THE
PLAT CAN BE RECORDED
Item #16A6
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $10,923.83 FOR PAYMENT OF
$1,073.83, IN THE CODE ENFORCEMENT ACTION ENTITLED
BOARD OF COUNTY COMMISSIONERS V. AVIN NOEL AND
MARIA CHAVANES, CODE ENFORCEMENT BOARD CASE
Page 133
January 27, 2015
NO. 2004-038, RELATED TO PROPERTY LOCATED AT 4818
DEVON CIRCLE, COLLIER COUNTY, FLORIDA — THE FINES
ARE ASSOCIATED WITH AN UNPERMITTED FENCE ON THE
PROPERTY THAT WAS BROUGHT INTO COMPLIANCE ON
MARCH 30, 2005 AND IS UNDER NEW OWNERSHIP
Item #16A7
RELEASE OF TWO CODE ENFORCEMENT LIENS WITH THE
COMBINED ACCRUED VALUE OF $22,616.36 FOR PAYMENT
OF $1,316.36, IN CODE ENFORCEMENT ACTIONS ENTITLED
BOARD OF COUNTY COMMISSIONERS V. DENNIS WOLFE
AND ROBERTA WOLFE, CODE ENFORCEMENT SPECIAL
MAGISTRATE CASE NOS. CEPM20100007875 AND
CEPM20120006379, RELATED TO PROPERTY LOCATED AT
2500 55TH STREET SW, COLLIER COUNTY, FLORIDA — BOTH
LIENS ARE ASSOCIATED WITH AN UNMAINTAINED POOL
ON THE PROPERTY THAT IS UNDER NEW OWNERSHIP AND
CURRENTLY MEETS COMPLIANCE
Item #16A8
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $206,586.43, FOR PAYMENT OF $536.43
IN CODE ENFORCEMENT ACTION ENTITLED BOARD OF
COUNTY COMMISSIONERS V. FRANK PAZ, CODE
ENFORCEMENT BOARD CASE NO. 2006081159, RELATED TO
PROPERTY LOCATED AT 2864 10TH AVE SE, COLLIER
COUNTY, FLORIDA — ASSOCIATED WITH CLEARING
PROPERTY IN EXCESS OF AN ACRE WITHOUT REQUIRED
PERMITS THAT WAS BROUGHT INTO COMPLIANCE BY
Page 134
January 27, 2015
PROSPECTIVE BUYERS SEPTEMBER 25, 2014 WHO ALSO
PAID THE FINES AND NOW OWN THE PROPERTY
Item #16A9
RELEASE OF SEVEN CODE ENFORCEMENT LIENS WITH
A COMBINED ACCRUED VALUE OF $767,504.15 FOR
PAYMENT OF $4,954.15, IN CODE ENFORCEMENT ACTION
ENTITLED BOARD OF COUNTY COMMISSIONERS V.
MICHAEL HERNANDEZ AND ADRIANNA GARCIA AND
BOARD OF COUNTY COMMISSIONERS V. JUAN
HERNANDEZ AND ADRIANNA GARCIA, CODE
ENFORCEMENT SPECIAL MAGISTRATE CASE NOS.
2005 020051, CEAU2011000843 2, CENA20110009062,
CEV20110009199, CENA20120015717 AND CODE
ENFORCEMENT BOARD CASE NOS. 2006081209 AND
CEPM20130011083, RELATED TO PROPERTY LOCATED AT
1521 GOLDEN GATE BLVD. W., COLLIER COUNTY, FLORIDA
— AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16A10
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $156,976.35 FOR PAYMENT OF $676.35,
IN CODE ENFORCEMENT ACTION ENTITLED BOARD OF
COUNTY COMMISSIONERS V. PATRICK FEVRIER AND
JACQUELINE FEVRIER, CODE ENFORCEMENT SPECIAL
MAGISTRATE CASE NO. CEPM20130012039, RELATED TO
PROPERTY LOCATED AT 6090 EVERETT STREET, COLLIER
COUNTY, FLORIDA — THE RESULT OF VIOLATIONS FOR A
GARAGE TYPE STRUCTURE IN NEED OF A ROOF AND
Page 135
January 27, 2015
SOFFIT MAINTENANCE AND UNMAINTAINED POOL THAT
WAS BROUGHT INTO COMPLIANCE AND IS NOW UNDER
NEW OWNERSHIP
Item #16A11
CONTRACT #14-6246 IN THE AMOUNT OF $214,146
AWARDED TO VIBENGINEERING, INC. FOR WORK IN
ACCORDANCE WITH FDOT LOCAL AREA PROJECT
TRAFFIC NETWORK STUDY AND ANALYSIS FM #430868-1-
18-01 — INCLUDES ENGINEERING SERVICES, NETWORK
ANALYSIS, MAPPING, REPORTS, FINAL DESIGN AND
GATHERING INFORMATION FROM THE COUNTY'S
TRAFFIC NETWORK THAT WILL BE USED TO DEVELOP A
COMPREHENSIVE SYSTEM MANAGEMENT PLAN
Item #16Al2
RESOLUTION 2015-17: ENDORSING A COLLABORATIVE
DEVELOPMENT OF A COMPREHENSIVE REGIONAL WATER
MANAGEMENT STRATEGY THAT WOULD ADDRESS
WATER ISSUES FOR ALL SOUTHWEST FLORIDA COASTAL
COUNTIES AND LEGISLATION THAT WOULD PROVIDE
ADEQUATE AND RELIABLE LONG-TERM FUNDING FOR
MUNICIPAL WATER INFRASTRUCTURE NEEDS OF LOCAL
GOVERNMENT
Item #16A13
TERMINATING A 2005 DEVELOPER AGREEMENT BETWEEN
COLLIER COUNTY AND NAPLES SYNDICATIONS, LLLP
Page 136
January 27, 2015
AND APPROVING 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. (COMPANION ITEM #17B)
— AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16D1
AN AFTER-THE-FACT CONTRACT AMENDMENT AND
ATTESTATION STATEMENT BETWEEN THE AREA AGENCY
ON AGING FOR SOUTHWEST FLORIDA, INC. AND COLLIER
COUNTY TO EXTEND THE GRANT PERIOD FOR OLDER
AMERICANS ACT PROGRAMS TO FEBRUARY 28, 2015 —
CONTRACT OAA.203.14.003 AMENDMENT NO. 3
Item #16D2
AN AFTER-THE-FACT AMENDMENT AND ATTESTATION
STATEMENT WITH AREA AGENCY ON AGING FOR
SOUTHWEST FLORIDA, INC. TO ENSURE CONTINUOUS
FY 2014/15 FOR THE COMMUNITY CARE FOR THE ELDERLY
PROGRAM — CONTRACT CCE 203.14.002 AMENDMENT NO. 2
TO MODIFY THE GENERAL STATEMENT OF METHOD OF
PAYMENT, THE LANGUAGE IN THE CONSEQUENCES FOR
NON-COMPLIANCE SECTION AND TO INCREASE FUNDING
BY $30,000 AND THE LOCAL MATCH BY $3,334
Item #16D3
THREE SATISFACTIONS OF MORTGAGE FOR THE STATE
Page 137
January 27, 2015
HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN
THE COMBINED AMOUNT OF $56,000 — CONSIDERED
PROGRAM INCOME THAT GETS DEPOSITED IN SPECIFIED
HOME INVESTMENT TRUST ACCOUNT FUNDS THAT MAY
BE REUSED FOR ELIGIBLE PROGRAM ACTIVITIES
Item #16D4
SECOND AMENDMENT TO THE STATE HOUSING
INITIATIVES PARTNERSHIP PROGRAM SUBRECIPIENT
AGREEMENT WITH CENTRO CAMPESINO FARMWORKER
CENTER, INC. AND RECOGNIZING A FOUR (4) MONTH
EXTENSION OF THE EXPENDITURE DEADLINE FOR FY 11/12
GRANTED BY FLORIDA HOUSING FINANCE CORPORATION
— AMENDS THE BUDGET NARRATIVE TO ALLOW FOR
INSPECTION PAYMENTS, TO INCLUDE INSPECTION FEES
AS PART OF THE DELIVERY FEES, MAKE TECHNICAL
REVISIONS AND TO CHANGE THE HOUSING HUMAN AND
VETERAN SERVICES DEPARTMENT NAME TO COMMUNITY
AND HUMAN SERVICES
Item #16D5
COUNTY ATTORNEY'S OFFICE TO ADVERTISE AN
AMENDMENT TO ORDINANCE NO. 89-11, AS AMENDED,
TO REMOVE "KEY ISLAND" FROM A LIST OF BARRIER
ISLANDS TO PROVIDE CONSISTENT ENFORCEMENT OF
ACTIVITIES ON KEY ISLAND
Item #16D6
Page 138
January 27, 2015
COLLIER COUNTY PUBLIC LIBRARY STAFF TO WAIVE
FINES AND FEES UNDER SPECIFIC CIRCUMSTANCES —
WILL BE CONSIDERED ON A CASE-BY-CASE BASIS AND
SHALL NOT EXCEED $50 FOR EVENTS THAT INCLUDE A
FAMILY/MEDICAL EMERGENCY, NATURAL DISASTER OR
AN ERROR MADE BY THE LIBRARY
Item #16D7
AN AGREEMENT WITH THE PHYSICIAN LED ACCESS
NETWORK TO PROVIDE MEDICAL REFERRAL SERVICES
FOR LOW-INCOME RESIDENTS IN COLLIER COUNTY —
CONTRACT #14-6358 FOR THE AMOUNT OF $50,000 AND
ENDING SEPTEMBER 30, 2015 WITH AN OPTION TO RENEW
TWO ADDITIONAL 1-YEAR PERIODS
Item #16D8
AN AGREEMENT WITH THE TAX COLLECTOR AND
PROPERTY APPRAISER TO REIMBURSE CONSTITUTIONAL
OFFICERS FOR SERVICES RENDERED FOR COLLECTION
OF ASSESSMENTS FOR THE PLATT ROAD MSBU — AN
AGREEMENT RUNNING THROUGH THE END OF 2017 THAT
MAY BE EXTENDED FOR RESPONSIBILITIES PURSUANT TO
SECTION 197.3632 FLORIDA STATUTES FOR THE NEWLY
CREATED MSBU COMPRISING FIFTY-ONE (51) PROPERTIES
Item #16D9
THIRD AMENDMENT TO THE HOME INVESTMENT
PARTNERSHIP PROGRAM SUBRECIPIENT AGREEMENT
Page 139
January 27, 2015
WITH COMMUNITY ASSISTED AND SUPPORTED LIVING,
INC., FOR A MULTI-FAMILY PROPERTY ACQUISITION
PROJECT — AMENDING AN AGREEMENT APPROVED IN 2013
FOR A PROJECT LOCATED AT 3028 SANTA BARBARA
BOULEVARD
Item #16D10 — Moved to Item #10C (Per Agenda Change Sheet)
Item #16E1
ACCEPTING A REPORT REFERENCING THE SALE, SCRAP,
DONATION, AND DISBURSEMENT OF FUNDS ASSOCIATED
WITH COUNTY ON-LINE AUCTIONS HELD IN NOVEMBER
AND DECEMBER 2014 AND APPROVING CORRECTION OF A
MINOR SCRIVENER'S ERROR IN THE TERM OF THE AWARD
OF REQUEST FOR PROPOSAL #14-6219, FULL SERVICE
AUCTIONEER WITH ATKINSON REALTY & AUCTION, INC. —
TO REALLOCATE CERTAIN REVENUE AND CORRECT THE
CONTRACT DURATION THAT WAS INCORRECTLY STATED
IN THE SEPTEMBER 9, 2014 EXECUTIVE SUMMARY TO THE
INTENDED RFP CONTRACT TERM OF TWO (2) YEARS WITH
THREE (3) ONE YEAR RENEWAL OPTIONS
Item #16E2
ADDITIONS, A DELETION, AND RECLASSIFICATIONS TO
FISCAL YEAR 2015 PAY AND CLASSIFICATION PLAN MADE
FROM OCTOBER 1, 2014 THROUGH DECEMBER 31, 2014 —
CHANGES INCLUDE SIX RECLASSIFICATIONS, DELETING
AN OBSOLETE CLASSIFICATION AND ADDING TWO NEW
CLASSIFICATIONS DUE TO UNIT REORGANIZATION
Page 140
January 27, 2015
Item #16E3
CHANGES TO THE COLLIER COUNTY GOVERNMENT
EMPLOYEE BENEFIT PLAN, DENTAL PLAN, FLEXIBLE
BENEFITS PLAN AND HEALTH REIMBURSEMENT
ARRANGEMENT DOCUMENTS EFFECTIVE JANUARY 1, 2015
— AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16F1
A REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES AND MOVING FUNDS IN THE AMOUNT UP TO
AND INCLUDING $25,000 AND $50,000, RESPECTIVELY —
DOMESTIC ANIMAL SERVICES DONATION FUND 180,
BA #15-187 IN THE AMOUNT OF $25,000 NEEDED TO
COMPLETE THE MADDIE'S FUND SHELTER ASSESSMENT
Item #16F2
RESOLUTION 2015-18: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2014-15
ADOPTED BUDGET
Item #16F3 — Continued to a future Board Meeting (Per
Commissioner Fiala during Agenda Changes)
RECOMMENDATION TO ADOPT A RESOLUTION TO
SUPPORT HOUSE SPEAKER STEVE CRISAFULLI'S
LEGISLATIVE PRIORITY INITIATIVE THAT IDENTIFIES
FILM, TELEVISION & ENTERTAINMENT FUNDING
Page 141
January 27, 2015
INCENTIVES AND URGES ALL FLORIDA COUNTIES TO JOIN
IN THIS INITIATIVE WITH NO FISCAL IMPACT TO COLLIER
COUNTY
Item #16F4
AWARD INVITATION TO BID #15-6391, LAKE AERATION, TO
AQUAGENIX AS THE LOWEST, QUALIFIED, RESPONSIVE
BIDDER — USING $200,000 IN PBSD CAPITAL PROJECT
FUNDS TO PROVIDE ELECTRIC OR SOLAR AERATION FOR
LAKES WITHIN PELICAN BAY TO HELP CONTROL ALGAE
Item #16F5 — Revising the agreement to include additional language
(Per Agenda Change Sheet)
AN AGREEMENT WITH SOUTHWEST FLORIDA ECONOMIC
DEVELOPMENT ALLIANCE, INC. ("ALLIANCE") TO ASSIST
THE ALLIANCE IN ITS MISSION TO MARKET AND ATTRACT
NEW BUSINESSES TO THE REGION IN AN ANNUAL
ESTIMATED AMOUNT OF $100,000 — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16F6
AN AGREEMENT WITH THE PARTNERSHIP FOR COLLIER'S
FUTURE ECONOMY, INC. ("PCFE") FOR SPECIFIED
ECONOMIC DEVELOPMENT SERVICES, CONSISTENT WITH
THE BOARD APPROVED ECONOMIC DEVELOPMENT
STRATEGIC PLAN, AT NO COST TO THE COUNTY —
EFFECTIVE OCTOBER 1, 2014 THRU SEPTEMBER 30, 2015
Page 142
January 27, 2015
Item #16G1
BOARD OF COUNTY COMMISSIONERS, ACTING AS THE
COLLIER COUNTY AIRPORT AUTHORITY, APPROVE A
BUDGET AMENDMENT FROM THE GENERAL FUND IN
ORDER FOR THE AIRPORT AUTHORITY TO SATISFY A
FINAL JUDGMENT FOR $274,212.21 (PLUS STATUTORY
INTEREST) IN THE CASE OF QUALITY ENTERPRISES USA,
INC. V. COLLIER COUNTY AIRPORT AUTHORITY (CASE NO.
12-4345 CA) — REGARDING A LAWSUIT, INVOLVING A 2007
CONTRACT WITH QUALITY ENTERPRISES FOR THE
CONSTRUCTION OF A LAKE AT IMMOKALEE AIRPORT
DURING WHICH THE AIRPORT AUTHORITY HAD
BARTERED WITH QUALITY ENTERPRISES FOR $240,000 IN
ADDITIONAL SERVICES IN EXCHANGE FOR THE DIRT
REMOVED TO MAKE THE LAKE, THAT RECENTLY WENT
TO A JURY TRIAL IN DECEMBER, 2014
Item #16H1
RESOLUTION 2015-19: REAPPOINTING CONSTANCE L.
BETTINGER-HENNINK AND LORETTA MURRAY TO THE
LIBRARY ADVISORY BOARD WITH BOTH TERMS EXPIRING
DECEMBER 31, 2018
Item #16H2
RESOLUTION 2015-20: REAPPOINTING ALICE J. CARLSON
TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR THE
TERM EXPIRING JANUARY 8, 2019
Page 143
January 27, 2015
Item #16H3
RESOLUTION 2015-21 : REAPPOINTING DAVID J. TRECKER
AND APPOINTING PATRICIA JAHNS BUSH AND BOHDAN
PAUL HIRNIAK (UNDER THE RESIDENT CATEGORY) TO
TERMS EXPIRING MARCH 31, 2019 AND APPOINTING
ROBERT W. SCHOONMAKER (COMMERCIAL CATEGORY)
TO FULFILL THE REMAINDER OF A TERM EXPIRING
MARCH 31, 2018, TO THE PELICAN BAY SERVICES DIVISION
BOARD
Item #16H4
RESOLUTION 2015-22: APPOINTING SUSAN L. CALKINS,
(ENVIRONMENTAL/CONSERVATION CATEGORY) TO A
TERM EXPIRING FEBRUARY 11, 2018, TO CONSERVATION
COLLIER LAND ACQUISITION ADVISORY COMMITTEE
Item #16H5
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE U.S. COAST GUARD'S
AUXILIARY FLOTILLA 95 CHANGE OF WATCH CEREMONY
JANUARY 11, 2015. THE SUM OF $55 TO BE PAID FROM
COMMISSIONER FIALA'S TRAVEL BUDGET — AT MARCO
ISLAND YACHT CLUB, 1400 N. COLLIER BOULEVARD
Item #16J1
USING $15,000 FROM CONFISCATED TRUST FUNDS TO
Page 144
January 27, 2015
SUPPORT THE STATE OF FLORIDA'S PRESCRIPTION DRUG
MONITORING PROGRAM — TO HELP IN FUNDING THE
E-FORCSE DATABASE THAT SUPPORTS LAW
ENFORCEMENT AGENCIES IN THEIR FIGHT AGAINST
PRESCRIPTION DRUG ABUSE
Item #16J2
USING $5,000 FROM CONFISCATED TRUST FUNDS TO
SUPPORT THE HAZELDEN BETTY FORD FOUNDATION —
FOR INPATIENT, OUTPATIENT AND POST-TREATMENT
ADDICTION PROGRAMS AND MEDICATION TO ASSIST
THOSE BATTLING PRESCRIPTION DRUG DEPENDENCE
Item #16J3
USING $10,000 FROM CONFISCATED TRUST FUNDS TO
SUPPORT MARCO AND NAPLES SQUADRON(S) CIVIL AIR
PATROL — FOR MILITARY AND HOMELAND SECURITY
MISSIONS, EMERGENCY SITUATIONS AND TO HELP FUND
THEIR SELF-TASKED WILDERNESS WATERWAY EVENING
COASTAL PATROL MISSIONS
Item #16J4
BOARD DECLARATION OF EXPENDITURES SERVING A
VALID PUBLIC PURPOSE AND APPROVING
DISBURSEMENTS FOR THE PERIOD OF JANUARY 8, 2015
THROUGH JANUARY 14, 2015
Item #16J5
Page 145
January 27, 2015
BOARD DECLARATION OF EXPENDITURES SERVING A
VALID PUBLIC PURPOSE AND APPROVING
DISBURSEMENTS FOR THE PERIOD OF JANUARY 15, 2015
THROUGH JANUARY 21, 2015
Item #16J6 — Moved to Item #13A (Per Agenda Change Sheet)
Item #17A
ORDINANCE 2015-04: DISSOLVING THE PARKLANDS
COLLIER COMMUNITY DEVELOPMENT DISTRICT
PURSUANT TO SECTION 190.046(9), FLORIDA STATUTES
Item #17B
ORDINANCE 2015-05: AMENDING ORDINANCE 2004-41,
AS AMENDED, COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH ESTABLISHED COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE
THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED
REAL PROPERTY FROM A RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) TO A RPUD FOR A PROJECT TO BE
KNOWN AS THE WARM SPRINGS RPUD TO ALLOW
CONSTRUCTION OF A MAXIMUM OF 400 RESIDENTIAL
DWELLING UNITS ON PROPERTY LOCATED EAST OF
COLLIER BOULEVARD (C.R. 951) AND APPROXIMATELY
ONE MILE SOUTH OF IMMOKALEE ROAD (C.R. 846) IN
SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 114± ACRES;
Page 146
January 27, 2015
PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 05-
21, FORMERLY THE WARM SPRINGS RPUD; AND BY
PROVIDING AN EFFECTIVE DATE. PETITION PUDZ-A-
PL20140000156 (COMPANION TO AGENDA ITEM #16A13)
Item #17C
PETITION PL20130001109/CPSP-2013-6: STAFF-PROPOSED
2011 EVALUATION AND APPRAISAL REPORT-BASED
AMENDMENTS TO THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED,
TO FIX GLITCHES RELATED TO PREVIOUS 2011. EAR-BASED
AMENDMENTS AND REVISING FOR INTERNAL
CONSISTENCY, AND FURTHERMORE RECOMMENDING
TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY
(ADOPTION HEARING)
ORDINANCE 2015-06: AMENDING THE CAPITAL
IMPROVEMENT ELEMENT OF THE GROWTH
MANAGEMENT PLAN;
ORDINANCE 2015-07: AMENDING THE CONSERVATION
AND COASTAL MANAGEMENT ELEMENT OF THE GROWTH
MANAGEMENT PLAN;
ORDINANCE 2015-08: AMENDING THE FUTURE LAND USE
ELEMENT AND FUTURE LAND USDE MAP AND MAP SERIES
OF THE GROWTH MANAGEMENT PLAN;
ORDINANCE 2015-09: AMENDING THE STORMWATER
MANAGEMENT (DRAINAGE) SUB-ELEMENT OF THE
PUBLIC FACILITIES ELEMENT OF THE GROWTH
MANAGEMENT PLAN;
ORDINANCE 2015-10: AMENDING THE RECREATION AND
Page 147
January 27, 2015
OPEN SPACE ELEMENT OF THE GROWTH MANAGEMENT
PLAN;
ORDINANCE 2015-11 : AMENDING THE TRANSPORTATION
ELEMENT OF THE GROWTH MANAGEMENT PLAN
Item #17D
RESOLUTION 2015-23: APPROVING AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2014-15
ADOPTED BUDGET
Item #17E
ORDINANCE 2015-12: AMENDING 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
*****
Page 148
January 27, 2015
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 1 :03 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
TIM NANCE, CHAIRMAN
ATTEST: '
AT.
DV TGHT E ROCK, CLERK
•
Attest as to'Chairman'o
signature only.
These minutes approved by the Board on o2-Ia`k is , as
presented ✓ or as corrected
Transcript prepared on behalf of Gregory Court Reporting,
Incorporated by Cherie' R. Nottingham, CSR.
Page 149