BCC Minutes 04/14/2015 R BCC
REGULAR
MEETING
MINUTES
April 14, 2015
April 14, 2015
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, April 14, 2015
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as the
Board of Zoning Appeals and as the governing board(s) of such special
districts as have been created according to law and having conducted
business herein, met on this date at 9:00 a.m., in REGULAR SESSION
in Building "F" of the Government Complex, East Naples, Florida,
with the following members present:
CHAIRMAN: Tim Nance
Donna Fiala
Georgia Hiller
Tom Henning
Penny Taylor
ALSO PRESENT:
Leo Ochs, County Manager
Jeffrey A. Klatzkow, County Attorney
Nick Casalanguida, Deputy County Manager
Crystal Kinzel, Office of the Clerk of Courts
Troy Miller, Communications & Customer Relations
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
11 I
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
April 14, 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
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April 14,2015
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 Beverly Duncan - Naples United Church of Christ
B. "Star-Spangled Banner" performed by members of the Lely High School
Band.
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent agenda.)
B. March 10, 2015 - BCC/Regular Meeting
3. SERVICE AWARDS
4. PROCLAMATIONS
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April 14,2015
A. Proclamation designating April 30, 2015 as Lely High School Symphonic
Band Day in Collier County, in recognition of the band's achievements, and
to wish band members well in the upcoming State Musical Performance
Assessment at Broward College. To be accepted by Mr. Lederian J.
Townsend, Director of Bands; Anatalie Dantes, Drum Major; and Cristian
Lopez-Quezada, Drum Major.
B. Proclamation recognizing the Barron Collier High School JROTC Cadets for
their commitment to academic excellence, physical activity, patriotism and
civic pride, and further recognizing the 5K Run commemorating the 99th
anniversary of Army JROTC and the 49th Anniversary of Air Force, Navy
and Marine JROTC, scheduled for April 25, 2015 at Barron Collier High
School. To be accepted by Alejandro Serrano, Battalion Commander for
Barron Collier JROTC.
C. Proclamation honoring the work of the Cancer Alliance of Naples and its
fundraiser Yoga CAN. To be accepted by Dr. Joel Waltzer, Jane Waltzer,
Kiersten Mooney, owner of BV Yoga, and representatives from the Cancer
Alliance of Naples: Jodi Bisogno, Executive Director; and Jewel Sanchez,
Position Administrator and Cancer Resource Navigator.
D. Proclamation designating April 2015 as Water Conservation Month in
Collier County. To be accepted by Dr. George Yilmaz, Public Utilities
Department Head; Lisa Koehler, Big Cypress Basin Administrator; Steve
Messner, Water Division Director; and Joseph Bellone, Public Utilities
Operations Support Director.
E. Proclamation designating the week of April 12-18, 2015 as National
Telecommunicators Week. To be accepted by members of the Collier
County Sheriffs Office - Sheriff Kevin Rambosk, Commander Bill Rule,
Captain Roy Arigo, Dianne Flanagan, Sandy Long, and many other 911
dispatchers and staff.
F. Proclamation designating April 19-25, 2015 as Crime Victim's Rights Week
in Collier County. To be accepted by Michelle English, Executive Director
of Project Help; Angela Larson, Victim Advocate for Collier County Sheriff
Department, and Betty Ardaya-McGuire, Victim Advocate for the State
Attorney's Office.
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April 14,2015
G. Proclamation designating April 2015 as Sexual Assault Awareness Month in
Collier County. To be accepted by representatives of Project HELP, Inc. -
Eileen Wesley, Victim Services Coordinator and Michelle English,
Executive Director.
H. Proclamation designating April 18, 2015 as Gene Doyle Memorial
Foundation Day in Collier County, in recognition of the annual Gene Doyle
Fishing Tournament and the scholarship money raised for Collier County
children. To be accepted by Kris Doyle, Sean Morton, Jody Russell, Katie
Betz, Garrison Betz and Barry Williams.
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for April 2015 to
CenturyLink. To be accepted by Danny Pate, Vice President-Operations,
South Florida Market, CenturyLink; Jim Lamb, Business Sales Manager,
CenturyLink; and Kristi Bartlett, Vice President, Opportunity Naples,
Greater Naples Chamber of Commerce.
B. Presentation recognizing Jack Wert, Collier County Tourism Division
Director, for being named as one of the "Top 25 Extraordinary Minds in
Hospitality, Sales, Marketing, and Revenue Optimization" by the
Hospitality Sales and Marketing Association International (HSMAI). Also,
special recognition of the entire tourism marketing team for being awarded
12 Adrian Awards from HSMAI for advertising and marketing excellence.
6. PUBLIC PETITIONS
Item #7 to be heard no sooner than 1:00 pm unless otherwise noted.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
Item #8 and Item #9 to be heard no sooner than 1:30 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
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April 14, 2015
A. Staff is recommending that this item be continued to the April 28, 2015
BCC meeting. Recommendation to approve an Ordinance Number 04-41, as
amended, the Collier County Land Development Code, by amending section
5.04.05 Temporary Events, to allow Temporary Events on Collier County
Property without a permit; providing for conflict and severability; inclusion
in the Collier County Land Development Code; and an effective date.
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to consider additional actions to achieve the Board's
legislative objectives with respect to oil and gas regulations legislation item.
(Commissioner Taylor)
B. Request for reconsideration by Commissioner Hiller of Item #12A from
the March 24, 2015 BCC Meeting titled: Recommendation that the Board
of County Commissioners consider the amendment to Settlement Agreement
and Release proposed by Lodge/Abbott Associates, LLC and Lodge/Abbott
Investments Associates LLC (owners of the Cocohatchee Bay Planned Unit
Development) to allow the Cocohatchee Planned Unit Development to be
amended.
11. COUNTY MANAGER'S REPORT
A. Recommendation to approve a contract with Communications International
for implementation of a P25 digital radio system and authorize the Chairman
to execute the contract after final review by the County Attorney. (John
Daly, Information Technology Telecommunications Manager)
B. Recommendation to approve a budget amendment transferring $200,000
from Pelican Bay Services Division (PBSD) MSTBU Fund 109 Reserves to
the PBSD Beautification Cost Center for additional tree trimming services.
(Neil Dorrill, Pelican Bay Services Division)
C. Recommendation to approve an Out-of-Cycle Fund 195 Category "A" Grant
Application from the City of Naples for an Additional Funding Request for
the Naples Pier Rebuild for a not to exceed amount of$571,965, recommend
that the Board reallocate tourist development tax funds with a supermajority
vote, approve an amendment to the Grant Agreement, authorize necessary
budget amendment, and make a finding that this item promotes tourism
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April 14,2015
(Project No. 90096). (Gary McAlpin, Coastal Zone Manager)
12. COUNTY ATTORNEY'S REPORT
A. Recommendation to appoint a member and an alternate member to the
County Canvassing Board for the 2016 Election Cycle.
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
1) Recommendation to approve final acceptance of the water utility
facility for Tollgate Business Park 4 AR-12126 and to authorize the
County Manager, or his designee, to release the Utilities Performance
Security (UPS) and Final Obligation Bond in the total amount of
$18,586.89 to the Project Engineer or the Developer's designated
agent.
2) Recommendation to approve final acceptance of the water and sewer
utility facilities for Reflection Lakes at Naples Unit 2, Phases 2 and 3
PL20120002681 and to authorize the County Manager, or his
designee, to release the Final Obligation Bond in the total amount of
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April 14,2015
$4,000 to the Project Engineer or the Developer's designated agent.
3) Recommendation to approve final acceptance of the sewer utility
facility for New Horizon Plaza Phase 1 PL20130001875 and to
authorize the County Manager, or his designee, to release the Utilities
Performance Security (UPS) and Final Obligation Bond in the total
amount of$6,737.69 to the Project Engineer or the Developer's
designated agent.
4) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Heritage Bay, Application
Number AR-6653 with the roadway and drainage improvements being
privately maintained and authorizing the release of the maintenance
security.
5) Recommendation to approve final acceptance of the private roadway
and drainage improvements for the final plat of Gaspar Station, Phase
1 (Application PL20120000409) and authorize the acceptance of the
plat dedications and release of the maintenance security in the amount
of$25,895.
6) Recommendation to authorize the Clerk of Courts to release
Performance Bond No. 105870795 in the amount of$29,440, which
was posted as a guaranty for Excavation Permit Number No. 60.109,
for work associated with Creekside Commerce Park East.
7) Recommendation to authorize the Clerk of Courts to release
Performance Bond No. 2178756 in the amount of$25,000 which was
posted as a guaranty for Excavation Permit Number 60.107,
(PL20130001955) for work associated with Dick's Sporting Goods.
8) Recommendation to approve an extension for completion of
subdivision improvements associated with Arrowhead Reserve at
Lake Trafford - Block 'C' (AR-10335).
9) Recommendation to approve an extension for completion of
subdivision improvements associated with Arrowhead Reserve at
Lake Trafford Phase One (AR-3771) and Arrowhead Reserve at Lake
Trafford Phase Two (AR-3974).
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April 14,2015
10) 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 Vyne House at Talis
Park, Application Number PL20140002849.
11) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Lamorada, (Application
Number PL20140001720) approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
12) Recommendation to approve the release of a code enforcement lien
with an accrued value of$16,600 for payment of$3,000, in the code
enforcement action entitled Board of County Commissioners v.
Properties of S & 0, Inc., Code Enforcement Board Case No.
CESD20120003571, relating to property located at 106 3rd Street S.,
Collier County, Florida.
13) Recommendation to approve the release of a code enforcement lien
with an accrued value of$147,252.71 for payment of$4,002.71, in the
code enforcement action entitled Board of County Commissioners v.
James J. Grant and Kim M. Grant, Code Enforcement Special
Magistrate No. CEPM20130005879, relating to property located at
5409 Trammell Street, Collier County, Florida.
14) Recommendation to approve the release of a code enforcement lien
with an accrued value of$91,650 for payment of$450, in the code
enforcement action entitled Board of County Commissioners v. Larry
W. Fox, Code Enforcement Board Case No. CESD20110007803,
relating to property located at 681 11th Street S.W., Collier County,
Florida.
15) Recommendation to approve the release of a code enforcement lien
with an accrued value of$13,926.48 for payment of$2,500, in the
code enforcement action entitled Board of County Commissioners v.
Eli Wallen and Dannie Devol, Code Enforcement Board Case No.
CEPM20140005585, relating to property located at 707 94th Avenue
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April 14,2015
N., Collier County, Florida.
16) Recommendation to cancel one (1) Adopt-a-Road Program
Agreement for Goodlette Frank Road from Golden Gate Parkway to
Creech Road, and approve one (1) Adopt-a-Road Program Agreement
for the roadway segment Airport-Pulling Road, from J&C Boulevard
to Vanderbilt Beach Road for the volunteer group, Senior Housing
Solution.
17) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
188RDUE) required for the expansion of Golden Gate Boulevard
from east of Wilson Boulevard to 20th Street East. Project No. 60040
(Fiscal Impact: $45,100).
18) Recommendation to award a construction contract to Quality
Enterprises USA, Inc., for Bid No. 15-6403 - Immokalee Road at
Medical Boulevard/SW Health Parkway and Veterans Park Drive
Median Improvements Project No. 60016 in the amount of
$214,585.32 and reserve $10,000 on the purchase order for funding
allowances, for a total of$224,585.32.
19) Recommendation to award a construction contract to Douglas N.
Higgins, Inc. for Bid No. 15-6388 - J&C Boulevard Phase II Outfall
Improvements (Lee Ann Lane and Janes Lane from Elsa Street to
J&C Boulevard) Project No. 60182-5 funded by the Pine Ridge
Industrial Park MSTU, in the amount of$398,906.05 and reserve
$40,000 on the purchase order for funding allowances, for a total of
$438,906.05.
20) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
153RDUE) required for the expansion of Golden Gate Boulevard
from east of Wilson Boulevard to 20th Street East. Project No. 60040
(Fiscal Impact: $11,500).
21) Recommendation to approve an Adopt-a-Road Program Agreement
for the volunteer group Bell Mortgage Company for the roadway
segment of Immokalee Road from Northbrooke Drive to Valewood
Drive and cancel the existing agreement with Huntington Lakes for
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April 14,2015
the roadway segment of Northbrooke Drive from Immokalee Road to
Millcreek Lane, with two (2) recognition signs at a total cost of$60.
22) Recommendation to adopt a Resolution to hold a public hearing to
consider vacating a portion of the 15th Street right-of-way as shown
on the plat of Eastover, Plat Book 1 Page 97, of the Public Records of
Collier County, Florida, also being a part of Section 3, Township 47
South, Range 29 East, Immokalee, Collier County, Florida (VAC-
PL20140001887).
23) Recommendation to adopt a Resolution to hold a public hearing to
consider vacating the two westerly 30-foot parcels reserved for right-
of-way and a portion of Linda Drive right-of-way within Linda Park
as recorded in Plat Book 4, Page 19 of the Public Records of Collier
County, Florida, located in Section 14, Township 50 South, Range 25
East, Collier County, Florida. (VAC-PL20140002842)
24) Recommendation to approve a Bureau of Ocean Energy Management
(BOEM) Lease Negotiated Agreement No. OCS-G 35160 for the use
of up to 500,000 cubic yards of Outer Continental Shelf sand sources
from Borrow Area T-1 for the beach nourishment project along
Collier County, authorize the Chairman to execute agreement and
make a finding that this item promotes tourism.
25) Recommendation to approve and authorize the Chairman to sign a
Collier County Landscape Maintenance Agreement (Agreement)
between Collier County and the Barrington Cove Neighborhood
Association for a landscape planting within the Livingston Road right-
of-way.
26) Recommendation to authorize a budget amendment of$82,400 to
move funds in Stormwater Capital Funds 325 from Project Number
51144, Stormwater Feasibility and Preliminary Design, to Project
Number 60139, Naples Park 110th Ave N and 107th Ave N.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Community Redevelopment Agency Board
(CRAB) authorize CRA Operations Manager to publicly advertise for
disposition the CRA-owned property known as Rebecca Weeks, Lots
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April 14, 2015
26 and 27, and bring back to the CRA any offers generated from this
solicitation.
C. PUBLIC UTILITIES DIVISION
1) Recommendation to authorize advertising an Ordinance to maintain
compatibility with the South Florida Water Management District's,
Mandatory Year-Round Landscape Irrigation Conservation Measures,
as amended, and repeal Ordinance Numbers 2002-17 and 2000-61, as
amended.
2) Recommendation to approve a $354,900 work order to Youngquist
Brothers, Inc., under Board approved Contract#12-5871 for Well
Drilling, Testing and Maintenance Contracting Services (Quote #5)
for the Livingston Road Irrigation Quality Water Aquifer Storage and
Recovery Well System Monitoring Well Modification, Project
Number 74030.
3) Recommendation to award RFQ #14-6213-28, "Bay Colony Shores
Fire Main Conversion" to Douglas N. Higgins, Inc. for the cost of
$687,720.40, Project Number 71010.
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve a budget amendment recognizing
$274,833 in State Aid to Libraries grant revenue and appropriating
expenditures on library materials, services, and equipment.
2) Recommendation to approve an Agreement to Furnish Food Service
with the Collier County District School Board to sponsor and operate
the 2015 Summer Food Service Program at designated recreation
camps with unitized meals provided by the School Board and
authorize all necessary budget amendments.
3) Recommendation to award RFP No. 15-6378 Naples Depot Museum
1947 Budd Tavern Train Car Restoration to Shadow Transit Services.
4) Recommendation to approve and authorize the Chairman to execute
Contract#14-6322 CAT Program Engineering/Architectural Services
with CH2MHi11, Inc., Atkins North America, Inc., and Hole Montes,
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April 14,2015
Inc.
5) Recommendation to reject the non-responsive sole bid response for
Invitation to Bid No. 15-6421 "Aquatic and Water Feature On-Call
and Emergency Services", and authorize staff to procure all future
"on-call" maintenance repair services utilizing the applicable
quotation and formal bid provisions in the Board approved Purchasing
Ordinance.
6) Recommendation to authorize the Chairman to execute revised
Federal Transit Administration Sections 5310, 5311, and 5339 FY
2015 applications for Federal Assistance and transmittal to the Florida
Department of Transportation.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to recognize and appropriate revenue for current
year reimbursements to EMS in the amount of$47,857.
2) Recommendation to execute the Underground Distribution Facilities
Installation Agreement and the supplemental forms necessary to
convey an easement to Florida Power and Light Co., for the
installation of electrical services related to the Collier Area Transit;
Project No. 61011, not to exceed $40.
3) Recommendation to approve and authorize the acceptance of a
Volunteer Fire Assistance Grant Award in the amount of$2,100 to
purchase Class A Foam for the Ochopee Fire Control District
(County Match $1,050)
4) Recommendation for after-the-fact approval of an EMS Matching
Grant application which was submitted to the Florida Department of
Health for the purchase of thirty (30) power stretchers for a total of
$417,900 (Match $104,475).
5) Recommendation to approve a Budget Amendment for funds to
relocate agency communication fiber on County Barn Road in
conjunction with drainage improvements in the Lely Area Stormwater
Improvement Project (LASIP).
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April 14,2015
6) Recommendation to approve additions, a deletion, and
reclassifications to the 2015 Fiscal Year Pay and Classification Plan
made from January 1, 2015 through March 31, 2015.
7) Recommendation to accept reports and ratify staff-approved change
orders and changes to work orders.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve an assignment of transportation impact
fee credits in the amount of$4,164,676.22 held by Centex Homes
arising out of a Developer Contribution Agreement—Heritage Bay
dated July 27, 2004, recorded in the official records of Collier County
at Book 3627, Page 3196, et seq.
2) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2014-15 Adopted Budget.
3) Recommendation to approve Amendment #1 to Contract #11-5766
with Research Data Services, Inc. to add an additional focus group,
authorize the Chairman to execute the Amendment and make a
finding that this item promotes tourism.
4) Recommendation to approve Tourist Development Tax Category `B"
funding to support the US OPEN Pickleball Championships up to
$10,000, authorize the Chairman to execute the agreement and make a
finding that this expenditure promotes tourism.
5) Recommendation to approve Tourist Tax Category `B" funding to
support two upcoming 2015 events under the Sports Event Assistance
Program and make a finding that these expenditures promote tourism.
G. AIRPORT AUTHORITY
1) Recommendation to authorize the Chairman to execute the attached
Assumption Agreement identifying the Collier County Board of
County Commissioners as the co-sponsor to the Collier County
Airport Authority for the purposes of Federal Aviation Administration
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April 14,2015
grant agreements.
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to appoint a member to the Golden Gate Estates
Land Trust Committee.
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve the FY2015 SCAAP letter delegating
authority to Sheriff Kevin Rambosk to be the official grant applicant
and contact person, or his designee, and to receive, expend the
payment and make any necessary budget amendments of the FY2015
of the State Criminal Alien Assistance Program (SCAAP) grant funds.
2) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of March 19 through March
25, 2015.
3) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of March 26 through April 1,
2015.
4) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of April 2 through April 8,
2015.
K. COUNTY ATTORNEY
17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
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April 14,2015
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance of the
Board of County Commissioners of Collier County, Florida amending
Ordinance No. 2004-41, as amended, the Collier County Land Development
Code, which established the comprehensive zoning regulations for the
unincorporated area of Collier County, Florida by amending the appropriate
zoning atlas map or maps by changing the zoning classification of the herein
described real property from a Community Facility zoning district and Golf
Course zoning district to a Residential Planned Unit Development (RPUD)
zoning district for a project known as the Hibiscus RPUD to allow
construction of up to 64 residential dwelling units on property located on the
south side of Rattlesnake-Hammock Road at the intersection of Hibiscus
Drive in Section 19, Township 50 South, Range 26 East, Collier County,
Florida, consisting of 7.9± acres; and by providing an effective date.
[Petition PUDZ-PL20140000179. This is a companion item to the Small
Scale GMPA for Hibiscus Residential Infill Subdistrict,
PL20140000193/CPSS-2014-1).
B. Recommendation to approve (adopt) the Hibiscus Residential Infill
Subdistrict small-scale amendment to the Collier County Growth
Management Plan, Ordinance 89-05, as Amended, for transmittal to the
Florida Department of Economic Opportunity. (Adoption Hearing)
(PL20140000193/CPSS-2014-1) [Companion to Petition PUDZ-
PL20140000179]
C. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2014-15 Adopted Budget.
D. This item continued to the April 28, 2015 BCC Meeting. This item
requires that ex parte disclosure be provided by Commission members.
Should a hearing be held on this item, all participants are required to be
sworn in. Recommendation to approve Petition VAC-PL20140000235, to
vacate the 2.35-foot wide conservation easement as recorded in Official
Record Book 4251, Pages 1007 through 1018, of the public records of
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April 14,2015
Collier County, Florida, being a part of Tract M-1, Stella Maris, and approve
an Amendment to the Settlement Agreement and General Release, dated
June 26, 2007, as recorded in Official Record Book 4251, Pages 1019
through 1024.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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April 14,2015
April 14, 2015
MR. OCHS: Mr. Chairman, you have a live mike.
CHAIRMAN NANCE: Good morning, ladies and gentlemen.
Welcome to the Collier County Board of County Commissioner
regular meeting for April 14, 2015.
At this time, in order to assist us having an orderly and good
meeting, I would ask you all to silence any phones or electronic
devices you may have that have a proclivity to make any noise.
At this time we will have our invocation which is to be given to
us this morning by Reverend Beverly Duncan from the Naples United
Church of Christ, to be followed by the Pledge of Allegiance and to
immediately follow thereafter by a performance of the "Star Spangled
Banner" performed by the members of the Lely High School Band.
Item #1
INVOCATION AND PLEDGE OF ALLEGIANCE — GIVEN BY
REVEREND BEVERLY DUNCAN
REVEREND DUNCAN: Good morning, Commissioners and
ladies and gentlemen.
Let's be in prayer together.
Loving God, in your ineffable mystery, you bend to hear our
hearts today. In this time of deliberation and decisions, we ask that
you keep ever before this body your desire for all of us to be good
stewards and caretakers of our resources and of the community we are
part of.
Bless the eyes and ears and hearts and minds in this room today,
that there may be more than a few matters on which there is a sense of
common purpose and compromise, even if not 100 percent agreement.
When the meeting is ended, carry each to her or his destination
safely eventually for rest and refreshment towards service on yet
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April 14, 2015
another day. Fill them with strength, hope, and vision as only you can,
Creator God. When doubt assails, let us all lean on you and then
together toward things that heal broken places and tend toward justice.
Amen.
(The Pledge of Allegiance was recited in unison, followed by the
performance of the "Star Spangled Banner" by the Lely High School
Band.)
COMMISSIONER HENNING: Who arranged that? That was
absolutely wonderful.
CHAIRMAN NANCE: That's Commissioner Fiala, as a
predicate to a proclamation that they're going to receive this morning.
How very nice. What a wonderful performance.
All right. Mr. Ochs, would you like to introduce today's agenda.
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA) - APPROVED AND/OR ADOPTED
W/CHANGES
MR. OCHS: Yes, sir. Mr. Chairman and Commissioners, good
morning.
These are the proposed agenda changes for the Board of County
Commissioners' meeting of April 14, 2015.
We have only one note on your agenda change sheet this
morning, Commissioners, and that's a reminder that Item 9A is
recommended to be continued to the April 28, 2015, BCC meeting.
That item was always intended for the 28th. When we sent the
advertisement into the newspaper, it was, unfortunately, listed for this
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April 14, 2015
meeting, so we put it on the agenda for purposes of advertising but are
continuing it to the next meeting.
We also have a reminder on Item 7, Commissioners; that's your
public comments on general topics not on the current or future agenda.
That item will be heard no sooner than 1 p.m. or at the conclusion of
the board's business today at the end of the agenda.
And if required, we have two court reporter breaks scheduled, one
for 10:30 a.m. and the other for 2:50 p.m.
And those are all the changes I have, Mr. Chairman.
CHAIRMAN NANCE: Thank you, Mr. Ochs.
We'll now hear from the commissioners on any additional
changes they have to today's regular, consent, or summary agenda and
also ex parte. I will note that before we vote on the consent agenda for
the approval, Mr. Miller informs me that we have two public speakers
that wish to speak on items on the consent agenda.
So that having been said, let's begin with Commissioner Taylor.
COMMISSIONER TAYLOR: Nothing to declare under ex parte
also -- and no changes to the agenda.
CHAIRMAN NANCE: Thank you very much.
Commissioner Fiala?
COMMISSIONER FIALA: Yes, sir. No changes, no
corrections. And for declarations, I only have -- on 17A, I have -- I
had meetings. This is the -- this is the Rattlesnake Hammock hibiscus
issue. I've had meetings and emails and calls and talked with staff and
talked with some of the planning commissioners.
And then on 17D, which is the Stella Maris, I've had emails and
calls and took a little boat ride over there to see what it was about and
what they wanted to do.
CHAIRMAN NANCE: Very good. I have no additional changes
to today's regular, consent, or summary agenda, and on ex parte, I have
no ex parte for either the consent or summary agenda.
Page 4
April 14, 2015
Commissioner Hiller?
COMMISSIONER HILLER: Yes, thank you. Good morning.
And thank you to the Lely High School Band. That was absolutely
beautiful. You really made the morning very special, and thank you
for being here and playing so well and, Commissioner Fiala, for
inviting them. That was outstanding.
COMMISSIONER FIALA: They've won -- they're going for
state awards. They've won regional. And so I thought we ought to
know what they're -- we ought to congratulate them.
COMMISSIONER HILLER: Yeah. And also, Happy Birthday.
COMMISSIONER FIALA: Oh, thanks.
COMMISSIONER HILLER: Everybody, it's Commissioner
Fiala's birthday, so I think collectively we ought to wish her all the
best.
COMMISSIONER FIALA: Oh, no, no, no. We're done with
that.
COMMISSIONER HILLER: Oh, yeah. Happy Birthday.
Ben, can you play "Happy Birthday" for Commissioner Fiala?
We ought to. Come on. I mean, it's the least you could do, right?
All right. So I have absolutely no disclosures, and I don't have
any changes to the agenda, but I do have a question, and that is why
does 11C require a supermajority vote?
MR. KLATZKOW: It's requirements of your TDC ordinance,
ma'am.
COMMISSIONER HILLER: I'm sorry. What?
MR. KLATZKOW: That's what your TDC ordinance requires.
COMMISSIONER HILLER: Do we require a supermajority for
-- for what specifically, the budgetary amendment or --
MR. KLATZKOW: Yes. In this type of transaction it's called
for.
COMMISSIONER HILLER: Thank you. And is that -- that's
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April 14, 2015
actually part of the TDC ordinance, or is it --
MR. KLATZKOW: Yes, ma'am.
COMMISSIONER HILLER: Thank you. I'm just wondering
why that's necessary, and I think we should probably revisit that. We
don't have a supermajority vote for any other budgetary amendments,
and I think it's somewhat unusual.
MR. KLATZKOW: I'll get with you offline, because there are
statutory considerations as well.
COMMISSIONER HILLER: Is it statutorily required to have
supermaj ority?
MR. KLATZKOW: I will get with you offline, because there are
statutory considerations as well.
COMMISSIONER HILLER: All right. Well, I think the whole
board needs to be informed, so whatever we discuss, I think, we ought
to bring back and inform the Board --
MR. KLATZKOW: I'll copy them.
COMMISSIONER HILLER: -- and make sure they understand
whatever you're sharing with me. I want everyone to be on the same
page.
I have nothing further to add.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: Good morning.
I have no ex parte communication on today's agenda. A point of
order and discussion on 10A. I don't see any new information there. I
don't see any new recommendations. I view this as a reconsideration
of a previous action by the Board, and I think it's inappropriate to have
it on the agenda unless it's a reconsideration.
COMMISSIONER TAYLOR: I don't consider it -- I consider it
new action, not a reconsideration. And when I look -- when I reviewed
the minutes and some emails, that's what prompted me to bring this
forward.
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April 14, 2015
Frankly, if we heard this item at 2 o'clock today, we're going to
know a lot about what's happening, because there's a committee --
Senate committee meeting today at 1 :30, and depending upon the
outcome of that committee meeting and the vote will determine
whether we even have legislation governing fracking in Tallahassee.
So I wasn't aware of that specific date and time when I put this on
-- when I requested that this go on the agenda. But I think it's always
very helpful to review what we've done and the decisions made and
what we are thinking about going forward, especially because it has to
do with the drinking water of our citizens.
COMMISSIONER HENNING: Well, the Board already took
action on this item and is working -- we had a consultant working with
-- staff is working with the DEP, and it was a part of our legislation
priorities. I don't see anything in this but reconsideration.
I want to make a motion that this be continued on the agenda.
CHAIRMAN NANCE: All right. There's a motion on the floor.
Is there a second?
COMMISSIONER FIALA: I'll second that.
CHAIRMAN NANCE: There's a motion and a second.
Commissioner Hiller, for discussion.
COMMISSIONER HILLER: Yeah. I understand exactly where
you're coming from, Commissioner Henning. And the time for any
reconsideration, if this were even to be considered a reconsideration,
has long expired. So I don't even think that there's any need to
continue this. I think your initial impression that this is, in essence, a
reconsideration request is appropriate, and it doesn't follow the
guidelines of the ordinance, and I think it should be stricken from the
agenda entirely. There's -- you know, this matter has been discussed.
The Board made a decision.
Senator Richter is doing an excellent job advancing the county's
initiatives, and I would ask you if would modify your motion to strike
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April 14, 2015
this from the agenda without continuing it, because at this point, like I
said, it's been decided, and the time for any reconsideration has
expired.
So I think we should just strike this from the agenda, and if at a
future point in time, once the legislature has made its decision, if we
want to take action, then the Board can consider that at that moment.
But at this point, I mean, you're on the right track, but if you would just
modify and not continue, then I would support you 100 percent.
COMMISSIONER HENNING: Well, if that's a lawful action, I
have no problem modifying it, remove it from the agenda.
MR. KLATZKOW: Board prerogative.
CHAIRMAN NANCE: So you wish to modify your motion,
Commissioner Henning?
COMMISSIONER HENNING: Yes.
CHAIRMAN NANCE: And the second?
COMMISSIONER FIALA: Yes, yes.
CHAIRMAN NANCE: Okay.
COMMISSIONER HILLER: And then I'll support it, absolutely.
CHAIRMAN NANCE: Okay. I would just like to say something
out of respect for Commissioner Taylor, and that is that, you know,
unfortunately or fortunately, however you consider it, Commissioner
Taylor was not present for most of the last two years when this item
was addressed by this board almost on a meeting-to-meeting basis.
And the relationships that we've established over almost two
years of work between FDEP, our legislative delegation, the governor's
office, and the other stakeholders, including the Conservancy and
Collier Resources, have been remarkable; the distance we've traveled
has been very great.
And I believe that the citizens of Collier County need to
understand that this issue that is so very, very important to us here
locally and that Collier County bears the brunt of is a very, very
Page 8
April 14, 2015
narrow issue for most of the people in the State of Florida. Most of the
people in the State of Florida are simply not engaged in this issue, and
it is not important to them.
So what it is, is it's a very small specialty issue which is of great
importance to us, but it's also a landmark issue in that the legislature
has never regulated these sorts of activities up to now. So it's a big hill
for our legislative delegation to overcome.
And I believe that, in fact, we're very, very fortunate that we have
a very experienced and very powerful legislative delegation through
Senator Richter, Representatives Passidomo and Hudson. Senator
Richter, of course, is a pro temp of the Senate. And, of course, we
have the governor from Collier County, which is an opportunity that --
and a situation that we've never enjoyed before.
So I believe that the commissioners are correct in that it is now
our responsibility, as an agency that has no authority over this issue, to
rely upon our legislative delegation and defer to their judgment to
come back for us with the best legislation that can be passed and can
be signed by the governor.
And that's what Senator Richter has reinforced with us, with
myself, with the County Manager, and with all others that I know have
spoken to him, that he's going to try to accomplish. And I believe it is
very important for us as a body, as the Board of County
Commissioners from Collier County, to allow him to do his job.
The ball is now in the hands of our legislative delegation, and
very, very capable hands they are. So I echo the sentiments of my
fellow commissioners in that regard.
And I'll go to Commissioner Taylor.
COMMISSIONER TAYLOR: Are you sure we don't want to
discuss this and keep it on the agenda? We're discussing it. I feel like
I've been attacked and so, therefore, I need to defend myself, which is
extraordinary.
Page 9
April 14, 2015
I wasn't aware that an ordinance was passed. And my
understanding of the law -- but I'm not sure that it's accurate, Mr.
Attorney -- is that a reconsideration applies specifically to a motion
that has passed. It may not, and I may be incorrect on that.
MR. KLATZKOW: There was board action taken directing the
County Manager to work with our legislative delegation within the
defined parameters. And the County Manager's been working with our
legislative delegation, you know, on those defined parameters. That
was the Board action.
It could be within the Board's purview to view your particular
item as a reconsideration of that action.
COMMISSIONER TAYLOR: Okay. It was never intended as a
reconsideration. It was never intended as a black eye on what -- the
extremely hard and diligent and brave work that Senator Richter's
doing and certainly the hard work that our staff is doing in the
communication.
My concern and the reason I put it on is that our lobbyist -- and it
is, in their words, unprecedented; we're told to stand down.
And how could we allow -- how could we permit Senator Richter
to carry the ball and carry all -- do all the heavy lifting without our
lobbyist there supporting and interfacing with other legislative bodies
up there?
Also, it clearly is a landmark decision. But I disagree with you,
Chairman, in terms of the eyes of Florida and what they're looking at.
It's my understanding from my conversations with several folks up
there that every environmental group but the Conservancy doesn't even
want this legislation because they think it's too lenient. It's my
understanding that there are folks in the center of the state that are
worried about fracking because of sink holes.
It is my understanding that it is a very divisive issue up there and
that the Conservancy has, you know, again, been working hard to get
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April 14, 2015
something passed because right now we are at a time frame where -- at
a point in this whole effort where, if nothing's passed, we are back to
where we were before without any kind of regulation on fracking.
And, certainly, my hats are off to everyone up there that are
working hard. I just think we -- Collier County needs more of a
presence to support what is going on up there.
CHAIRMAN NANCE: Commissioner Fiala, you recently
traveled to Tallahassee. Maybe, perhaps, you could share and give
some light on what your impression is, ma'am.
COMMISSIONER FIALA: Thank you very much.
Yes. Actually, I called on all of the legislators that have just been
mentioned, including a few others; one of them is Representative
Rodriguez, who also represents us. He's from Lee County, but he
represents a portion of Collier County.
I spoke to each one of them. And, by the way, I had our
legislative lobbyists with us, three of them, as a matter of fact, so they
didn't stand down. They were right along with me, and we spoke at
length about the Conservancy's wishes. We spoke at length about what
we wanted, and when Senator Richter -- he put it so eloquently,
because they tried to work everything into what they are now
proposing. And it seems like a good, strong bill.
Yes, maybe in the coming year there might be some
modifications. We don't know until we start moving forward. But
there's an allowance for that in case we need to do that.
When I spoke with Representative Passidomo, Representative
Hudson, Representative Rodriguez, they were all -- they all knew the
bill thoroughly. They'd all spoken with the Conservancy as well.
They've all tried to modify what they've done so that they can get -- it's
not just all one person inputting. They've got -- they've got a
cooperative effort coming up with a conclusion that all feel is best for
our county, Collier County. And I feel -- when I left there, I felt that
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April 14, 2015
they really had worked hard at this, and they should move forward.
CHAIRMAN NANCE: Thank you.
Commissioner Hiller?
COMMISSIONER HILLER: I really appreciate what you said,
Commissioner Nance and Commissioner Fiala. I think that supports
Commissioner Henning's position, and I think the discussion has been
had.
So if Commissioner Henning has anything more on the agenda, I
think we need to proceed to that.
CHAIRMAN NANCE: All right. Well, I would like to make
one more brief statement, and then we'll have a vote.
This effort that we've got is going to be continuing, is going -- and
our results going forward are going to have to rely on the relationships
that we have, and I think we have a very good working relationship
now where we are going to get, hopefully, the best legislation that we
can get passed and signed by the governor to be followed thereafter by
rule-making with Florida Department of Environmental Protection,
and that has been our strategy that we've endorsed repeatedly over the
last two years, and I think it's the strategy that we're going to have to
rely on going forward, and that is with an understanding that
technologies in this industry are going to continue to develop. They're,
by no means, static, so that we're going to have to -- we're going to
have to continually work on this.
It's a marathon event. It's not a sprint. And I feel like we really
need to support Senator -- and defer to Senator Richter's judgment to
get the best possible result.
So with that, if there's no other comments, there's a motion and a
second on the floor. All those in favor, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
Page 12
April 14, 2015
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: All those opposed?
COMMISSIONER TAYLOR: I'm opposed because this was
never meant as a question of pulling the rug out from the
extraordinary, brave, and hard work that Senator Richter does. It was
merely to assist him in convincing a very divided legislature of the
importance of this legislation. I'm sorry that we don't discuss it today.
COMMISSIONER HENNING: Move to approve the remainder
of today's agenda as amended.
COMMISSIONER HILLER: Second.
CHAIRMAN NANCE: Before that, Commissioner, we have two
speakers on consent.
MR. MILLER: Actually, Mr. Chairman, I misinformed you. It's
one speaker on two items. The items are related. They're both
approvals of adopt-a-road programs, and that's --
CHAIRMAN NANCE: Can we here the speaker on consent?
COMMISSIONER HENNING: Sure.
MR. MILLER: The speaker is Gary FX Beyrent.
COMMISSIONER HILLER: What item is he speaking to?
MR. MILLER: 16A16 and 16A21.
MR. BEYRENT: Good morning, Commissioners. Once again,
I'm here on behalf of the Amalgamated Sign Holders Union.
The two items you've got before you are a adopt-a-road signs in
road right-of-ways. They're nonprofit organizations, but if you look at
it, one of them says a mortgage company on it. That's what the sign
says. Anybody riding down the road doesn't know the difference
between that and a commercial sign because, essentially, they're the
same.
But my problem is, is that the sign holders -- I'm talking about
human beings most of whom are disabled that are holding signs in road
right-of-ways are, once again, treated in a discriminatory fashion.
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April 14, 2015
These people are disabled. They make a living holding signs for three
to five hours a day usually. They make about $9 an hour.
The vast majority of them are disabled. Lots of them are
veterans. And it's just -- it's sad, it really is, because you've got
ordinances you use or staff uses in a discriminatory fashion. The
people are selected for some reason to be discriminated against. And
it's deplorable.
Thank you.
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: Jeff, is the Adopt A Road program
focused on non-profit organizations, or can it be for profit
organizations that put their sign -- their names on the Adopt A Road as
well?
MR. KLATZKOW: I don't know. I'll defer to the county
manager on that.
MR. OCHS: Deputy County Manager can answer that, ma'am.
MR. CASALANGUIDA: Ma'am, it's for anybody. They take
over a section of road. It meets an MUTCD sign, and what they do is
they maintain and clean the road. So the sign is static. It's not manned
by an individual. They maintain the road, and that entity that
maintains the road is allowed to put their name on there. They pick up
the trash for a period of time and keep the road clean.
COMMISSIONER HILLER: And are they actually doing that?
MR. CASALANGUIDA: Yes, ma'am. And if they do not, Road
Maintenance will put an item on the agenda to remove them from the
Adopt A Road program and take down their sign, our sign.
COMMISSIONER HILLER: Well, that's very positive. So it's
not limited to nonprofits?
MR. OCHS: No, it's private business as well.
COMMISSIONER HILLER: It's anybody.
MR. CASALANGUIDA: Anyone.
Page 14
April 14, 2015
COMMISSIONER HILLER: Okay. I just wanted to clarify that
point with respect to profit or nonprofit.
Thank you very much.
COMMISSIONER HENNING: Move to approve the remainder
of the agenda as amended.
COMMISSIONER FIALA: Second.
CHAIRMAN NANCE: There's a motion and a second to
approve the agenda.
All those in favor, signify by saying aye.
COMMISSIONER TAYLOR: (Absent for the vote.)
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed, like sign?
(No response.)
CHAIRMAN NANCE: All right. It passes unanimously.
Page 15
Proposed Agenda Changes
Board of County Commissioners Meeting
April 14,2015
Note:
Item 9A: Staff is recommending that this item be continued to the April 28,2015
BCC meeting. Recommendation to approve an Ordinance Number 04-41,as amended,
the Collier County Land Development Code,by amending section 5.04.05 Temporary
Events,to allow Temporary Events on Collier County Property without a permit;
providing for conflict and severability; inclusion in the Collier County Land
Development Code; and an effective date.
Item 7—Public Comments on General Topics—will be heard no sooner than 1:00 or at the
conclusion of the agenda
4/14/2015 8:30 AM
April 14, 2015
Item #2B
MINUTES FOR THE MARCH 10, 2015 — BCC/REGULAR
MEETING - APPROVED AS AMENDED
CHAIRMAN NANCE: I would like to make a motion for
approval of the March 10th BCC regular minutes with a correction.
The board minutes and records reflect Item 11B as "Radio Road," and
it should read as "Rock Road."
And after speaking to staff about this item and in keeping with
past board policy, it's come to my attention it's an oversight on my part,
and I finally caught up to the points that Commissioner Henning and
Commissioner Hiller were discussing regarding MSTUs.
And I would like to apologize for that. I don't think it's anybody's
fault. It was certainly not an intention to adopt anything that was
inconsistent with board policy.
So in that direction, I would like to request that staff bring back a
policy, which I've requested for, Commissioner Taylor has requested,
and I think Commissioner Henning would support also, to bring back a
policy for the Board's consideration that identifies that when a board
supports an MSTU as a financing mechanism for a potential county
asset, that that asset will be maintained by that MSTU until the county
debt is satisfied and to make certain that that approach is consistent
with our past board policies and practices.
COMMISSIONER HENNING: I could support that.
COMMISSIONER HILLER: I need clarification on that.
CHAIRMAN NANCE: Well, we have had several situations
where we've had some discussion --
COMMISSIONER HILLER: Oh, I know the whole history.
CHAIRMAN NANCE: -- about it, and I just couldn't catch up to
it, and that's my --
Page 16
April 14, 2015
COMMISSIONER HILLER: No, that's all right.
CHAIRMAN NANCE: I apologize to the commissioners for
that.
COMMISSIONER HILLER: Can I ask just one question to
clarify what you just said?
CHAIRMAN NANCE: Yes.
COMMISSIONER HILLER: That the MSTU will maintain the
asset until the debt is paid.
CHAIRMAN NANCE: Yes. And, thereafter -- it has been noted
by staff to me that in past instances, thereafter the asset has become
property of Collier County and that Collier County has assumed the
maintenance going forward, and that's been the policy that we
apparently have in place.
So I'm just asking that staff evaluate this, bring it back for our
consideration so that everybody understands what board policy has
been. It just escaped me, and it escaped the citizens of Rock Road who
made this proposal for an MSTU.
And I'd just like to clear that up, address Commissioner Henning
and your concerns. There's been some different items that we've talked
about this, but I think it's going to require staff to bring back an item
and a policy for our consideration.
COMMISSIONER FIALA: That's okay with me.
COMMISSIONER HILLER: But once the asset is county
property, then the MSTU is dissolved, in effect, is what you're saying?
COMMISSIONER TAYLOR: No, it's the other way around,
right?
MR. OCHS: Commissioners, maybe I can help by way of
example. The MSTU for east of Radio Road at Santa Barbara for the
median landscape improvements, they went out and got a bank loan to
finance the capital construction to put that beautification project in
place. And they are maintaining that asset until such time as the debt
Page 17
April 14, 2015
is paid off.
I think what Commissioner Nance -- if I understand what he's
suggesting here, is that we apply that same consistency with regard to
Rock Road. They have received an advance from the Board to do the
capital improvement to pave that road, and he's suggesting that while
they're paying that loan back, that they continue to maintain that road
until such time as the debt is paid; it's very similar to what is occurring
in the east Radio Road/Santa Barbara MSTU.
COMMISSIONER HILLER: But, again, once that debt is paid --
MR. OCHS: Yes, it becomes an asset of the Board.
COMMISSIONER HILLER: Of the county.
MR. OCHS: Yes.
COMMISSIONER HILLER: And if the county is supporting the
maintenance subsequent to the takeover of the asset, then the MSTU
should be dissolved.
COMMISSIONER HENNING: Yes.
MR. OCHS: That is correct. And that, again --
COMMISSIONER HILLER: I just want to make sure that's the
case.
MR. OCHS: -- will all be addressed in the policy options that
we're bringing back that the chairman is suggesting we be directed to
do, and we'd look forward to that.
CHAIRMAN NANCE: Yeah. The situation with Rock Road
was kind of a new situation because it was unclear to me that we'd ever
had a situation where we're dealing with a road. And what it did was it
created a certain amount of uncertainty on everybody's part because it
was simply new, and it was never anybody's intention to do something
that was unequitable or that went against county policy.
So I believe it's going to have a great deal of utility for staff to
come back to us with an analysis on this so everybody can look at it.
And I would be very happy if it would provide guidance for the future.
Page 18
April 14, 2015
And, you know, I thank you Commissioner -- I respect
Commissioner Henning for bringing this up. I think it's critical, and it's
simply an oversight on my part. It wasn't brought to my attention by
staff at the time, and I'm not blaming them. I take full responsibility
for any confusion. But I just think that I wanted to correct the minutes
on this item and try to move forward in a productive direction.
So if the Board could support that, I would appreciate it.
COMMISSIONER HILLER: And what is the correction?
CHAIRMAN NANCE: The correction is the board minutes and
records reflect Item 11B as Radio Road, and it should be Rock Road.
But I wanted to address this issue, because, excuse me, it's come
up several times, and I think there was some anxiety on all our parts
about it.
COMMISSIONER HILLER: Yeah. No, that's good.
COMMISSIONER FIALA: I second, and I agree.
COMMISSIONER HILLER: And I third it, and I agree.
CHAIRMAN NANCE: Okay. So we have a second to approve
the meeting minutes as amended.
Commissioner Henning, are you supportive of that?
COMMISSIONER HENNING: Yep.
CHAIRMAN NANCE: All those in favor, signify by saying aye?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: All right. Unanimous.
Thank you very much. That takes us, Mr. County Manager, to
our large number of proclamations today. It seems we're very happy.
Page 19
April 14, 2015
Item #4A
PROCLAMATION DESIGNATING APRIL 30, 2015 AS LELY
HIGH SCHOOL SYMPHONIC BAND DAY IN COLLIER
COUNTY, IN RECOGNITION OF THE BAND'S
ACHIEVEMENTS, AND TO WISH BAND MEMBERS WELL IN
THE UPCOMING STATE MUSICAL PERFORMANCE
ASSESSMENT AT BROWARD COLLEGE. ACCEPTED BY MR.
LEDERIAN J. TOWNSEND, DIRECTOR OF BANDS; ANATALIE
DANTES, DRUM MAJOR; AND CRISTIAN LOPEZ-QUEZADA,
DRUM MAJOR — ADOPTED
MR. OCHS: Yes, sir, Mr. Chairman.
And let's begin with Item 4A this morning, and that is a
proclamation designating April 30, 2015, as Lely High School
Symphonic Band Day in Collier County in recognition of the band's
achievements and to wish band members well in the upcoming state
musical performance assessment at Broward College.
To be accepted by Mr. Lederian J. Townsend, Director of Bands;
Anatalie Dantes, Drum Major; and Cristian Lopez-Quezada, Drum
Major.
If you'd please step forward and receive your proclamation.
(Applause.)
CHAIRMAN NANCE: What a wonderful performance. And I
can't tell you how impressed I am. It's a wonderful thing. I also can't
tell you what a stressful morning I had because Mrs. Nance was
unavailable to come and join you today. She's actually working at
Lely High School today and couldn't be here. So I'm glad to have been
able to overcome that.
COMMISSIONER FIALA: Good luck on your contest.
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April 14, 2015
Commissioner Henning graduated from Lely.
(Applause.)
CHAIRMAN NANCE: Were you in the band, sir?
COMMISSIONER HENNING: No, not in a band. In the school,
not in band.
Item #4B
PROCLAMATION RECOGNIZING THE BARRON COLLIER
HIGH SCHOOL JROTC CADETS FOR THEIR COMMITMENT
TO ACADEMIC EXCELLENCE, PHYSICAL ACTIVITY,
PATRIOTISM AND CIVIC PRIDE, AND FURTHER
RECOGNIZING THE 5K RUN COMMEMORATING THE 99TH
ANNIVERSARY OF ARMY JROTC AND THE 49TH
ANNIVERSARY OF AIR FORCE, NAVY AND MARINE JROTC,
SCHEDULED FOR APRIL 25, 2015 AT BARRON COLLIER
HIGH SCHOOL. ACCEPTED BY ALEJANDRO SERRANO,
BATTALION COMMANDER FOR BARRON COLLIER JROTC —
ADOPTED
MR. OCHS: Item 4B is a proclamation recognizing the Barron
Collier High School JROTC cadets for their commitment to academic
excellence, physical activity, patriotism, and civic pride, and further
recognizing the 5K run commemorating the 99th anniversary of Army
JROTC and the 49th anniversary of Air Force, Navy, and Marine
JROTC scheduled for April 25, 2015, at Barron Collier High School.
To be accepted by Alejandro Serrano, Batallion Commander for
Barron Collier JROTC. And, by the way, Commissioners, the son of
Marlene Serrano, our great code enforcement member.
COMMISSIONER FIALA: Nice.
MR. OCHS: Dr. Tammy --
Page 21
April 14, 2015
CHAIRMAN NANCE: She's got the ROTC behind her, sir.
That's pretty good.
MR. OCHS: That's right -- Dr. Tammy Caraker, Barron Collier
High School Principal; and Major Ruben Gonzalez, JROTC instructor.
If you'd please step forward and receive your proclamation.
(Applause.)
COMMISSIONER FIALA: Will you be doing the Honor Flight?
UNIDENTIFIED SPEAKER: Yes, we will.
COMMISSIONER FIALA: Oh, good.
(Applause.)
Item #4C
PROCLAMATION HONORING THE WORK OF THE CANCER
ALLIANCE OF NAPLES AND ITS FUNDRAISER YOGA CAN.
ACCEPTED BY DR. JOEL WALTZER, JANE WALTZER,
KIERSTEN MOONEY, OWNER OF BV YOGA, AND
REPRESENTATIVES FROM THE CANCER ALLIANCE OF
NAPLES: JODI BISOGNO, EXECUTIVE DIRECTOR; AND
JEWEL SANCHEZ, POSITION ADMINISTRATOR AND
CANCER RESOURCE NAVIGATOR — ADOPTED
MR. OCHS: Item 4C is a proclamation honoring the work of the
Cancer Alliance of Naples in its fundraiser Yoga CAN. To be
accepted by Dr. Joel Waltzer; Jane Waltzer; Kiersten Mooney, owner
of BV Yoga; and representatives from the Cancer Alliance of Naples,
Jodi Bisogno, Executive Director; and Jewel Sanchez, Position
Administrator and Cancer Resource Navigator.
If you'd please all step forward and receive your proclamation.
(Applause.)
COMMISSIONER FIALA: Isn't it the only hands-on
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April 14, 2015
organization for supporting cancer and helping with cancer that we
have in Collier County?
UNIDENTIFIED SPEAKER: Yes.
CHAIRMAN NANCE: Would you like to make a few remarks,
sir?
COMMISSIONER HILLER: Would you like to make a few
comments?
MR. WALTZER: Sure, happy to.
CHAIRMAN NANCE: Go to the podium, please.
MR. WALTZER: Really? So I'm Dr. Joel Waltzer, and it's an
honor to represent this group of people. We work together to raise
awareness for Cancer Alliance Naples, which is an organization that
many people just don't know about.
Cancer Alliance Naples supports families that are fighting cancer,
and it helps them where they need it most. It helps them pay their
bills.
If I may turn to address the audience as well.
So they provide nonmedical financial assistance. If someone
can't go to work because they're receiving chemotherapy, Cancer
Alliance Naples comes in, helps them pay their bills so they're not
evicted. They'll help them pay their food bills, their electricity bills,
and the like.
My wife, Jane, was diagnosed with an aggressive form of breast
cancer about two years ago, and she courageously told me that we're
the lucky ones. We're the lucky ones because we have family, we have
community to support us, and we have the financial resources to fight
this disease.
And shortly after that we found out about Cancer Alliance
Naples, and we decided that these are the sort of people that we needed
to help if we could.
So we approached Kiersten Mooney -- she's the owner of Bala
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April 14, 2015
Vinyasa/Green Monkey Yoga and a mentor -- and she agreed to help
us in this effort. And we hosted an event a year and a half ago called
Jane CAN. We raised $30,000 for CAN, Cancer Alliance Naples, and
then a year and a half later we all met, and we expanded to involve the
entire community. It's called Yoga CAN now. It's going to be an
annual event. It was held at the Naples Beach Hotel, and we had 350
people show up, and we raised over $60,000 for CAN. So that's a few
people volunteering, working very hard to help people that need it
most.
Thank you-all very much.
COMMISSIONER TAYLOR: Well done.
CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: Joel and Jane and Kiersten, thank
you so much for what you're doing for the community. It's just so
amazing and so commendable.
I actually participated -- and I apologize, ladies and gentlemen. I
have a little bit of a cold, so if I sound somewhat nasal -- and by the
way --
CHAIRMAN NANCE: I'm sharing my Altoids with you.
COMMISSIONER HILLER: Yeah, Altoids. Yeah, thank you so
much, Dr. Nance.
So as I was saying, a year and a half ago I actually participated in
Jane CAN, and it was amazing. We were all sardined into Bala
Vinyasa studio, which is right across from Waterside Shops, and so
many people came. It was really a statement, if ever one was made by
the community.
And so this year it was hosted at Naples Beach Hotel, and we had
four yogis leading the event -- it was really cool -- through the course
of an hour. And it started with Kiersten, who made us all connect
physically, which was so moving. And I was in such pain the next
day, I want you to know. I mean, I really did not know I had gluts till I
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April 14, 2015
did the movements that I did that morning with your direction.
It was incredible how the community was united. Mayor Sorey
was there, and I hope that next year all members of the board
participate. It is truly a moving and very, very special hour, and
probably one of the best fundraisers that I've ever attended in this
community. It goes so far beyond wearing a black tie and an evening
gown when you're beside someone whose shoulder you're touching
with one hand and whose butt you're touching with your other leg.
CHAIRMAN NANCE: Easy now.
COMMISSIONER HILLER: All right. I'm just going to stick to
this.
CHAIRMAN NANCE: We have a certain amount of decorum.
COMMISSIONER HILLER: Anyway, thank you for all you're
doing for all the cancer victims in Collier County. We're very, very
grateful to you, and we honor you for your effort.
And, Jane, you look beautiful.
CHAIRMAN NANCE: Yes, it's --
(Applause.)
CHAIRMAN NANCE: These tremendous efforts that we enjoy
in our community are so very valuable, because not only do they have
a focus which is tremendous, but they also serve to raise awareness.
And anytime we can talk about this and encourage people to get their
screens, to get covered up with sunscreen for the coming summer and
protect our kids against that -- I'm sure Commissioner Henning and I,
you know, live with a life dangerously lived in the sun in Florida as
young men, so we need to do that. What an outstanding effort and
much, much appreciated by everybody.
COMMISSIONER HILLER: And it's not just -- it's for all
cancers. I mean, Dr. Waltzer actually is a famous dermatologist, but
it's -- I mean, it's breast cancer, skin cancer --
CHAIRMAN NANCE: It just raises awareness.
Page 25
April 14, 2015
COMMISSIONER HILLER: -- lung cancer. It doesn't matter
what cancer the family faces, the Cancer Alliance supports them, and
that's what makes them so unique. They help every cancer victim in
the community.
CHAIRMAN NANCE: All our congratulations. Thank you so
much.
COMMISSIONER HILLER: Thank you.
Item #4D
PROCLAMATION DESIGNATING APRIL 2015 AS WATER
CONSERVATION MONTH IN COLLIER COUNTY. ACCEPTED
BY DR. GEORGE YILMAZ, PUBLIC UTILITIES DEPARTMENT
HEAD; LISA KOEHLER, BIG CYPRESS BASIN
ADMINISTRATOR; STEVE MESSNER, WATER DIVISION
DIRECTOR; AND JOSEPH BELLONE, PUBLIC UTILITIES
OPERATIONS SUPPORT DIRECTOR — ADOPTED
MR. OCHS: Item 4D is a proclamation designating April 2015 as
Water Conservation Month in Collier County. To be accepted by Dr.
George Yilmaz, Public Utilities Department Head; Lisa Koehler, Big
Cypress Basin Administrator; Steve Messner, Water Division Director;
and Joe Ballone, Public Utilities Operations Support Director. If you'd
please step forward and receive your proclamation.
(Applause.)
COMMISSIONER HILLER: Congratulations.
And, George, I would like to plant a kiss on you just so I can -- I
mean, I already did it on --
CHAIRMAN NANCE: We'll have to inoculate you, sir, right
there, after.
MR. OCHS: Mr. Chairman, Item 4E --
Page 26
April 14, 2015
CHAIRMAN NANCE: Would you like to make any comments,
Dr. George, or -- Ms. Koehler's leaving the room here. I guess she's
going to turn off the faucets.
But I just wanted to say that the work that we're doing in Collier
County in water conservation and water use is so very important. If
those of you have not noticed, the dire consequences that we're going
to have from our draught in the Western United States and the impact
in California in our farm production areas is going to be very, very
significant to all our lives. Although people probably don't realize it
now, they're going to visit this in the grocery stores in their food supply
and costs almost immediately.
So thank you to everyone in Collier County that is working
together so very well to keep us up to speed on water conservation. It's
something I think we need to continue to make one of our highest
priorities.
So my personal thanks to all of you for the work that you do on a
daily basis. Thank you very much.
MR. OCHS: Mr. Chairman, I appreciate those comments. In
fact, I think the management of our water resources is so important that
I took the liberty of listing an item for our October workshop where
we're going to come back in a workshop setting and spend an hour or
two with the board to take you through all the detail of all the water
resource planning that's going on not only in county government, but
with the Big Cypress Basin and the Water Management District. And
I think it will give the board and the public a great understanding of all
the good work and the planning that's going on with regard to water
conservation and management of our most precious natural resource.
I appreciate your comments.
CHAIRMAN NANCE: Absolutely. And, you know, as Florida
being the third most populous state with -- you know, it's hard for me
to believe in my lifetime we've risen to 19 million residents. And, you
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April 14, 2015
know, we are a peninsula hanging out in the Atlantic and Gulf here, so
we need to be paying attention to our water supplies and water quality,
quantity, and all those issues that are on everybody's mind.
So thank you, Mr. Ochs.
Commissioner Hiller?
COMMISSIONER HILLER: Yes. It is an extremely important
issue. In fact, it's one of the single most important issues in -- with
respect to limiting growth in Collier County.
And I don't think people understand that without water, they can't
live here. And we definitely are limited in how much water we have to
support the growth of our population.
So, yeah, thank you. That's a very important topic, and I applaud
you for putting it on a workshop agenda.
MR. OCHS: Thank you, ma'am.
Item #4E
PROCLAMATION DESIGNATING THE WEEK OF APRIL 12-18,
2015 AS NATIONAL TELECOMMUNICATORS WEEK.
ACCEPTED BY MEMBERS OF THE COLLIER COUNTY
SHERIFF'S OFFICE - SHERIFF KEVIN RAMBOSK,
COMMANDER BILL RULE, CAPTAIN ROY ARIGO, DIANNE
FLANAGAN, SANDY LONG, AND MANY OTHER 911
DISPATCHERS AND STAFF — ADOPTED
MR. OCHS: That takes us to Item 4E, Mr. Chairman. That is a
proclamation designating the week of April 12th through 18th, 2015,
as National Telecommunications Week. To be accepted by members
of the Collier County Sheriffs Office; Sheriff Kevin Rambosk, Chief
Greg Smith, Commander Bill Rule, Captain Roy Arigo, Dianne
Flanagan, Sandy Long, and many other 911 dispatchers and staff.
Page 28
April 14, 2015
If you'd please come forward and receive your proclamation.
(Applause.)
CHAIRMAN NANCE: Mr. Sheriff, please come receive your
proclamation. What a timely proclamation in that we have on our
agenda today our new $15 million-plus T25 communication system
which you will now be communicating with.
SHERIFF RAMBOSK: All right. Good morning, Mr. Chair,
members of the Board of County Commission.
I'd like to thank you for the proclamation and, more importantly,
recognize the men and women who serve as telecommunicators in
Collier County and for Collier County residents. You know, they
work tirelessly 365 days a year, and they provide that critical link
between the emergency requests and nonemergency requests to like
and our members to get our deputies to where they need to go.
More importantly, they do a terrific job, and they initiate
life-saving process, and they have saved lives on their own.
So we'd like to take this opportunity and honor them and all the
work that they do. Thank you very much.
COMMISSIONER HILLER: Thank you.
CHAIRMAN NANCE: Thank you, sir.
(Applause.)
Item #4F
PROCLAMATION DESIGNATING APRIL 19-25, 2015 AS
CRIME VICTIM'S RIGHTS WEEK IN COLLIER COUNTY.
ACCEPTED BY MICHELLE ENGLISH, EXECUTIVE DIRECTOR
OF PROJECT HELP; ANGELA LARSON, VICTIM ADVOCATE
FOR COLLIER COUNTY SHERIFF DEPARTMENT, AND
BETTY ARDAYA-MCGUIRE, VICTIM ADVOCATE FOR THE
STATE ATTORNEY'S OFFICE — ADOPTED
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April 14, 2015
MR. OCHS: Item 4F is a proclamation designating April 19th
through the 25th, 2015, as Crime Victims Rights Week in Collier
County. To be accepted by Michelle English, Executive Director of
Project HELP; Angela Larson, Victim Advocate for Collier County
Sheriffs Department; and Betty Ardaya-McGuire, Victim Advocate
for the State Attorney's Office.
If you'd please step forward and receive your proclamation.
(Applause.)
CHAIRMAN NANCE: That's okay. You can make remarks on
this one, and then we'll have our Deja vu.
MS. WESLEY: I'm Eileen Wesley. I'm from Project HELP, and
I want to thank the Board of County Commissioners for recognizing
Crime Victims Week.
We work very diligently at Project HELP, Collier County
Sheriffs Office, and the State Attorney's Office to recognize people
who have been victimized in Collier County by violent crime. And
they're taking this week nationally to recognize the help that's provided
out there for each and every victim.
Collier County Sheriffs Office works very, very hard to
recognize victims and get them to the proper resources, to get them
justice, to make sure that their victims are satisfied, hopefully, by the
end of a case.
Project HELP is the counseling and the emotional 911 for our
victims in the community, and the State Attorney's Office sees through
the case.
So all of us, basically, work with our victims from victimization
through prosecution, and Project HELP takes them beyond. So when
sentencing is there, we help them deal with the outcome of their case.
So this is a really big recognition for agencies such as ours. And
we're all small departments. The victim advocates at the sheriffs
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April 14, 2015
office is a small department. Project HELP is small. Our victim
advocate over at the State Attorney's Office is one right now.
So we have a lot of smallness, but we're creating a lot of greatness
for victims in our community. So we thank you very much for this
honor.
(Applause.)
Item #4G
PROCLAMATION DESIGNATING APRIL 2015 AS SEXUAL
ASSAULT AWARENESS MONTH IN COLLIER COUNTY.
ACCEPTED BY REPRESENTATIVES OF PROJECT HELP, INC.
: EILEEN WESLEY, VICTIM SERVICES COORDINATOR AND
MICHELLE ENGLISH, EXECUTIVE DIRECTOR — ADOPTED
MR. OCHS: Mr. Chairman, I think we have the same group of
recipients for the next proclamation, Item 4G.
So, ladies, if you'd indulge us just for a moment. Item 4G is a
proclamation designating April 2015 as Sexual Assault Awareness
Month in Collier County. To be accepted by representatives of Project
HELP: Eileen Wesley, Victim Services Coordinator; and Michelle
English, executive director.
CHAIRMAN NANCE: Yes, ma'am. Well, it seems, ma'am, this
morning you are doubly proclaimed. I don't know if that -- we might
have to ask the county attorney if that is some sort of a re-
proclamation. But congratulations. Congratulations on all your work
again. So let's give these wonderful ladies a wonderful round of
applause.
(Applause.)
COMMISSIONER FIALA: I remember when Project HELP first
started. Do you remember that? My goodness, it's been a long time.
Page 31
April 14, 2015
MS. WESLEY: It's got a terrific history; 29 years.
COMMISSIONER FIALA: And you guys have a real tough job
because it's very stressful learning some of the things that are going on
that you have to help people overcome.
CHAIRMAN NANCE: Turn your proclamation around so
everybody can see it.
(Applause.)
MS. WESLEY: I'll be really quick on this one. But I want to
thank you for this honor, because sexual violence is a pandemic in
America. It's not a subject that should not be recognized or talked
about. It's that silent crime that happens to people where they're afraid
to talk.
And Project HELP is here to help people find their voices, to help
find a healing journey for them to go forward in their lives after
something violent has happened to them.
Our services are free, and they're confidential. We have a
24-hour hotline that is manned by volunteers, and they give their heart
and soul to our victims when they call in.
We have a sexual assault response team that work very closely
with Collier County Sheriffs Office, with the State Attorney's Office,
and numerous other nonprofits in town to make sure that their services
are met.
But the most important thing is is that we are free, we're
confidential, but we're there. We will never ever leave a victim
unattended or not hear their voice or believe them.
So the first step for this county to start doing is when someone
steps forward and says that they've been sexually violated is to believe
them. And we're asking everybody to take a commitment to believe
when someone has been raped. It's a very important first step for their
healing process.
So thank you very, very much.
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April 14, 2015
CHAIRMAN NANCE: Thank you.
(Applause.)
Item #4H
PROCLAMATION DESIGNATING APRIL 18, 2015 AS GENE
DOYLE MEMORIAL FOUNDATION DAY IN COLLIER
COUNTY, IN RECOGNITION OF THE ANNUAL GENE DOYLE
FISHING TOURNAMENT AND THE SCHOLARSHIP MONEY
RAISED FOR COLLIER COUNTY CHILDREN. ACCEPTED BY
KRIS DOYLE, SEAN MORTON, JODY RUSSELL, KATIE BETZ,
GARRISON BETZ AND STEVE CARNELL — ADOPTED
MR. OCHS: Item 4H is a proclamation designating April 18,
2015, as Gene Doyle Memorial Foundation Day in Collier County in
recognition of the annual Gene Doyle Fishing Tournament and the
scholarship money raised for Collier County children.
To be accepted by Kris Doyle, Sean Morton, Jody Russell, Katie
Betz, Garrison Betz, and Steve Carnell.
If you'd please step forward and receive your proclamation.
(Applause.)
MR. DOYLE: I'm Robin Doyle, and I just wanted to say thank
you for this recognition on behalf of the foundation and the fishing
tournament.
This is really the recognition of a lot of people in the community
who work very hard and a lot of supporters of the foundation because
we have a community that really cares about young people and helping
them to be successful.
Thank you.
COMMISSIONER HILLER: Thank you.
CHAIRMAN NANCE: Thank you.
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April 14, 2015
COMMISSIONER TAYLOR: Thank you so much.
(Applause.)
CHAIRMAN NANCE: This program is such a wonderful one.
I'm going to go to Commissioner Hiller in a moment. But I had an
opportunity to go to numerous high schools during the awards
ceremonies every year, and the adventure scholarships that are given,
the Gene Doyle adventure scholarships, such a wonderful thing for our
students. And I know that Commissioner Henning is -- this topic is
near and dear to him. Such a wonderful thing for our kids in our state.
Commissioner Hiller?
COMMISSIONER HILLER: Yeah. It is an absolutely incredible
event, and thank you to the Doyle family for doing this. It's very
meaningful to have such an -- and, again, it's an event where the
community is collectively engaged without black ties and sequin
gowns to really help those who need help in this instance, the children.
So thank you.
COMMISSIONER HENNING: Move to approve the
proclamations.
COMMISSIONER FIALA: Second.
CHAIRMAN NANCE: There's a motion and a second to
approve the proclamations.
All those in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: That's unanimous.
Page 34
April 14, 2015
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR APRIL 2015 TO CENTURYLINK.
ACCEPTED BY DANNY PATE, VICE PRESIDENT-
OPERATIONS, SOUTH FLORIDA MARKET, CENTURYLINK;
JIM LAMB, BUSINESS SALES MANAGER, CENTURYLINK;
AND KRISTI BARTLETT, VICE PRESIDENT, OPPORTUNITY
NAPLES, GREATER NAPLES CHAMBER OF COMMERCE —
PRESENTED
MR. OCHS: Mr. Chairman, that takes us to Item 5 on your
agenda this morning, presentations.
Item 5A is a presentation of the Collier County Business of the
Month for April 2015 to CenturyLink. To be accepted by Danny Pate,
Vice President, Operations, South Florida Market, CenturyLink; Jim
Lamb, Business Sales Manager, CenturyLink; and Kristi Bartlett, Vice
President, Opportunity Naples with the Greater Naples Chamber of
Commerce.
If you'd please step forward and receive your award.
COMMISSIONER HILLER: Can I -- I want to say something
before they step forward. I think CenturyLink has to be recognized
beyond being an outstanding business and community partner.
CenturyLink made a donation to the accelerator initiative that
Collier County has sponsored. And I think that's very significant and
should be noted here today, and we need to thank you for what you are
doing to support job creation in Collier County, not just directly by
hiring people, but by helping the accelerator that, in turn, is growing
businesses which, in turn, is going to create -- are going to create so
many jobs.
Thank you very much. You really are a standard bearer for the
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April 14, 2015
community when it comes to economic development and job creation.
(Applause.)
CHAIRMAN NANCE: Let's get the rose between the thorns.
COMMISSIONER TAYLOR: Do you really want to do a
profile, Kristi?
MS. BARLETT: I don't have any other choice.
UNIDENTIFIED SPEAKER: Commissioners, first of all,
CenturyLink thanks you very much, and thank you for the very kind
words.
I actually very humbly accept this award on behalf of the
hundreds of local employees who actually work and live in the city and
in the county. And we're very prideful of our community service and
giving back. And as we celebrate our 85th year as an expanded
company and helping the economic growth, we're very proud and
humbled and honored, and we thank you. Appreciate it.
COMMISSIONER HILLER: Thank you.
(Applause.)
Item #5B
RECOGNIZING JACK WERT, COLLIER COUNTY TOURISM
DIVISION DIRECTOR, FOR BEING NAMED AS ONE OF THE
"TOP 25 EXTRAORDINARY MINDS IN HOSPITALITY, SALES,
MARKETING, AND REVENUE OPTIMIZATION" BY
HOSPITALITY SALES AND MARKETING ASSOCIATION
INTERNATIONAL (HSMAI). ALSO, SPECIAL RECOGNITION
OF THE ENTIRE TOURISM MARKETING TEAM FOR BEING
AWARDED 12 ADRIAN AWARDS FROM HSMAI FOR
ADVERTISING AND MARKETING EXCELLENCE —
PRESENTED
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April 14, 2015
MR. OCHS: Item 5B is a presentation recognizing Jack Wert,
Collier County Tourism Division Director, for being named as one of
the top 25 extraordinary minds in hospitality, sales, marketing, and
revenue optimization by the Hospitality, Sales, and Marketing
Association International; also special recognition of the entire tourism
marketing team for being awarded 12 Adrian awards from HSMAI for
advertising and marketing excellence.
If the team would please step forward and receive their award.
(Applause.)
COMMISSIONER FIALA: Do you remember when we first
captured him out of Tallahassee, and we -- actually, we felt we had
accomplished more than any other county in the State of Florida by
getting Jack Wert, and he's proven us well every time.
Thank you so much.
MR. WERT: Thank you. Let's make this a photo op. So,
Commissioners, if you'll hold up the gold awards.
CHAIRMAN NANCE: Is this an all express (sic) paid ticket
somewhere?
MR. WERT: Could be.
Commissioners, thank you so much for this recognition. I
certainly was humbled and honored to get the personal award.
But I think, really, what you're seeing here in the certificates
really do indicate the kind of award-winning work that we have been
doing. Just in this last year -- those gold awards that you're holding
now represent both last year's winter campaign, which we called
Paradise Refined and Redefined -- we got gold awards for the full
campaign for videos that were part of that campaign. We had a special
video that we did for the group meeting market that actually featured
Debi DeBenedetto, who -- you have her picture here today but not her;
she's on the road -- and also the summer campaign, which we called
Priceless Members Priced Less. So that whole campaign won a series
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April 14, 2015
of awards in the gold category.
In the silver category, some consumer advertising in magazines,
and also we did a really fun video to support the annual Stone Crab
Festival that happens every October. We called it -- called the little
cartoon carrier (sic) Stoney, and so he was the stone crab little figure.
That won another silver award.
And in the bronze category, a lot of digital marketing awards for
both the winter and the summer campaign.
I think most importantly, Commissioners, and, really, I applaud
my staff because they really do this work on our destination's behalf.
These awards are great to have. It's great recognition. It's even better
that this work is truly working for Collier County.
Just last year set a new record in visitors; 1.8 million visitors
came here and spent at least one night in paid lodging in our
community.
Direct spending from those visitors, $1.2 billion. That's the first
time since we've been keeping records that direct spending by visitors
topped the 1 billion mark.
The economic impact was $1.8 billion. Again, a record; up 12
percent over the previous year.
Hotel occupancy, something that we've really been tracking for
some time. Commissioner Hiller, you'll remember when we first
started really looking at where can we do a better job. Hotel
occupancy was in the 60s. It now is approaching 80 percent. And this
time of year we are 100 percent full. So a lot more visitors coming to
the area spending their hard-earned dollars in paid lodging.
Sales tax and gasoline tax revenue that we get from those visitors
last year was $115 million. The result of that is the fact that our
homeowners here in Collier County actually safe money on their taxes.
And last year that figure was $863 in tax savings because we had these
visitors coming to the area.
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April 14, 2015
Debi DeBenedetto and her group sales team brought in meetings
last year, and also our leisure meeting sales team. We did over 16,000
group meeting room nights last year. And 227 requests for proposals
we brought into this community from the trade shows that Debbie and
her team bring. So we closed an awful lot of that business last year.
A really bright spot, something that we continue to see in this
community, is the international visitor increases. Last year our
international visitors topped at 284,000 visitors, and about 124,000 of
those were Germans; 115,000 were from the UK. Those are our strong
markets, but they are really, really growing up. Again, double digits;
12 percent last year.
I'm often asked, so why do we need to bring more visitors here?
Why is it important to our community? Three words: Jobs, jobs, jobs.
That's what it's all about, because we support, in this community -- let's
see. I think last year it was 35,300 people in our community are in the
hospitality and tourism industry employed year-round these days,
because it didn't used to be that way.
Just a few years ago when we started this bureau, we had one
season, high season and, boy, everything closed up in the summer.
Just yesterday I went by Michelbob's on Airport Road. The sign
out front says open seven days a week every day all summer. That is
huge. They used to close in the summer months; a lot of restaurants did
that. That has really changed in our community.
The final note is all of these great awards that we got, we had a
strong, strong partner in addition to our own staff. But Paradise
Advertising was the name on each and every one of those awards.
In addition to the 12 that we won with their assistance, they won a
total of 44 awards at the HSMI (sic) awards this year.
And we're competing with, certainly, Orlando and Tampa and
places like that as destinations, but also the biggest hotel companies in
the world, Hilton, Marriott, Ritz-Carlton. All of these brands have
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April 14, 2015
huge advertising budgets.
Well, we scored very well in that arena as well with 12 awards.
One of the largest winners, I think, this year in the award category.
So I think we have a lot to be proud of. Thank you so much for
your ongoing support of tourism in our community. It means a lot to
our citizens. It means a lot in the jobs category.
Just one final statistic. Fifty straight months of job growth this
past three and a half-- four years, actually. And we added 1,400 new
jobs in Collier County last year. That's what it's all about. I know that
makes all of you proud to be helping to support so many people in our
community. It makes us feel good that we are a part of that whole
process.
Thank you so much.
(Applause.)
CHAIRMAN NANCE: Stick around a minute, Mr. Wert.
Many congratulations to you and your team for an outstanding
job. And while we're broadcasting to the world, I think it's appropriate
to remind everybody in the north that didn't make it down here this
year that after they file their taxes tomorrow, there's still plenty of time
to come down.
And the weather outside, although Mr. Wert didn't tell you what it
is, it's blue skies and white clouds and gorgeous. So come on down.
It's a little less crowded than it was here two, three weeks ago. So
come back down.
Commissioner Hiller?
COMMISSIONER HILLER: Congratulations, Jack.
I remember when we started all the research to try to figure out
what was really going on and to target the advertising, to increase
absorption, to really build on the infrastructure that had been invested
in in this community and to maximize the return.
And when I see the progress that has been made by you and your
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April 14, 2015
department over the last four years, truly factoring in everything that
we considered in our joint analysis, it's nothing short of outstanding.
So I really want to compliment you. You've done an outstanding job.
And for the community, you probably don't know, but Jack's real
name is Champagne Jack. And for what it's worth, on this occasion, I
would suggest you buy several bottles of champagne for you and your
team and do yourself right. You deserve it. Thank you. And thank
you to Paradise. They did an outstanding job.
(Applause.)
Item #10B
RECONSIDERATION BY COMMISSIONER HILLER OF ITEM
#12A FROM THE MARCH 24, 2015 BCC MEETING TITLED:
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS CONSIDER THE AMENDMENT TO
SETTLEMENT AGREEMENT AND RELEASE PROPOSED BY
LODGE/ABBOTT ASSOCIATES, LLC AND LODGE/ABBOTT
INVESTMENTS ASSOCIATES LLC (OWNERS OF THE
COCOHATCHEE BAY PLANNED UNIT DEVELOPMENT) TO
ALLOW THE COCOHATCHEE PLANNED UNIT
DEVELOPMENT TO BE AMENDED - NOT CONSIDERED DUE
TO THE LACK OF A SECOND ON THE MOTION
MR. OCHS: Mr. Chairman, that takes us now to Item 10B,
Board of County Commissioners. This is a request for reconsideration
by Commissioner Hiller of Item 12A from the March 24, 2015, BCC
meeting regarding a recommendation that the Board consider an
amendment to the settlement agreement and release proposed by
Lodge/Abbott & Associates to allow the Cocohatchee Planned Unit
Development to be amended.
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April 14, 2015
CHAIRMAN NANCE: Before we go to Commissioner Hiller,
who has requested this item be put on the agenda, I'm going to
introduce the topic of reconsideration and explain to everyone what
reconsideration is and what rules we have that govern it.
Reconsideration of land use matters are one of the ways -- one of
the things that has specific rules regarding the procedure for doing
such. It is an administrative agenda item only.
Requests for reconsideration: A land use item may be made only
by the petitioner. It has strict time considerations for a request, and
that request has been made by consultants for Lodge/Abbott
Associates, LLC. They made a request for reconsideration of two
items, Item 9A and Item 12A.
Under the reconsideration process, a commissioner can request
reconsideration under certain circumstances. In the case of a rezoning
or change in land use, which is appropriate for Item 9A, the
commissioners who voted against or the commissioners that controlled
the outcome of that item are the ones that are eligible to request a
reconsideration.
I'm going to address those items in the order that the Board took
them publicly as published agenda items last time and ask the county
manager, did we receive, Mr. County Manager, a request for
reconsideration by either Commissioners Taylor or Commissioner
Fiala on Item 9A?
MR. OCHS: No, sir, we did not.
CHAIRMAN NANCE: If no motion for reconsideration is made
by the commissioners of-- eligible to make that item, if none is made
during the designated time period, which is of the April 22nd deadline,
that request shall be deemed denied.
Going forward, Commissioner Hiller has requested a
reconsideration of Item 12A. And what I'm going to do for the public's
benefit, to explain to you how this item can be and must be discussed,
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April 14, 2015
is to give you a little bit of outline of Collier County code of
ordinances, which is Section 2-42, reconsideration of land use matters,
and this is what Section F of that ordinance says.
A motion for reconsideration shall not require a public hearing
and neither the petitioner nor any other person shall have the right to
address the Board considering the merits of such a motion.
It goes on with additional language, but what it explains is as
follows: The purpose of this provision is to prevent either the
petitioner or any other person from debating the merits of the petition
itself prior to its full consideration at a regularly scheduled board
meeting where that petition is reconsidered.
So what that means today is there's going to be no comment by
the petitioner, and there's going to be no public comment permitted on
this item as per Collier County ordinance.
What we will discuss is we will rediscuss only the consideration
among the board members in light of the fact that this is a procedural
and administrative agenda item only, and subject to approval, it might
or might not become a future agenda item in which full comment will
be permitted.
Commissioner Hiller?
COMMISSIONER HILLER: Yes. I just want to clarify that
there's no discussion on the reconsideration motion either. There's no
discussion on this on any level by anybody.
So with that, I'd like to make a motion to reconsider Item 12A
from the March 24, 2015, BCC meeting to be brought forward as an
agenda item at the next board meeting.
CHAIRMAN NANCE: Is there a second?
(No response.)
CHAIRMAN NANCE: Commissioner Henning, I believe you
were first, then Commissioner Taylor.
COMMISSIONER HENNING: Yeah, thank you.
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April 14, 2015
Are you viewing this item as a land use item, a quasi judicial
item, Commissioner Nance?
CHAIRMAN NANCE: Mr. Klatzkow, do you have any
guidance for us on --
MR. KLATZKOW: This item falls under Section 2-42 as it
concerns land.
COMMISSIONER HILLER: What's 2-42?
CHAIRMAN NANCE: It's a land use matter.
MR. KLATZKOW: Reconsideration of land use matters.
COMMISSIONER HENNING: Okay. So it has to be a person
from the agent or the petitioner in the land use item?
MR. KLATZKOW: Yes, and that did happen.
COMMISSIONER HENNING: And that has been
accomplished?
MR. KLATZKOW: Yes, sir.
CHAIRMAN NANCE: Yes.
COMMISSIONER HENNING: Okay.
CHAIRMAN NANCE: That request was made on April the 7th,
and, Commissioner Hiller, as a commissioner that voted in the
affirmative or the passing side of that item --
COMMISSIONER HENNING: Can I make one more comment?
CHAIRMAN NANCE: Yes, sir.
COMMISSIONER HENNING: This is a settlement agreement
and, yes, it does have land use items on there, but it also has other
items on there. The settlement agreement, in particular this settlement
agreement, states any amendment to the agreement needs to be
agreeable by both parties; is that correct, Jeff?
MR. KLATZKOW: Yes, sir.
COMMISSIONER HENNING: Yeah. And it wasn't agreed on
by this party, the Board of Commissioners, to consider an amendment.
So it was a petition by the property owner, and everybody, anybody,
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April 14, 2015
has a right to petition their government.
In this case, there is a public meeting. All documents on
changing a rezone needs to go to our staff. Those go to -- also go to
the Planning Commission. It's a quasi judicial for this Board of
Commissioners to take public comment on there.
So, I mean, I -- quite frankly, I can't support the reconsideration
on this issue.
CHAIRMAN NANCE: Thank you.
Commissioner Taylor?
COMMISSIONER TAYLOR: Mr. Chairman, just a point of
order. I think there's a motion on the floor, and it fails if there isn't a
second.
COMMISSIONER HILLER: I need to look at this. Can I please
have a copy of 2-42, and I want clarification on the ordinance. Thank
you.
CHAIRMAN NANCE: At present, since there is not a second to
the motion for reconsideration, it is deemed by the chair that the
request shall be deemed denied at this point.
COMMISSIONER HENNING: Mr. Chairman?
(Applause.)
COMMISSIONER HENNING: Mr. Chairman, just to cover all
bases, I'm going to make a motion to deny the reconsideration.
COMMISSIONER FIALA: Second.
(Applause.)
CHAIRMAN NANCE: There's a motion --
MR. KLATZKOW: You cannot reconsider a motion for
reconsideration anyway.
COMMISSIONER TAYLOR: It just fails.
CHAIRMAN NANCE: We can re --
COMMISSIONER HENNING: Isn't that what my motion does?
MR. KLATZKOW: Well, what I'm saying is that there is no
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April 14, 2015
mechanism to reconsider the denial of a motion to reconsider.
COMMISSIONER HENNING: Right.
CHAIRMAN NANCE: I think that's a do-loop that we don't need
to get into. The code of ordinance says if it's not -- if the
reconsideration is not made during the time period, which it fails for
lack of a second, then the request shall be deemed denied.
Thank you very much.
(Applause.)
CHAIRMAN NANCE: Mr. County Manager?
MR. OCHS: Yes, sir. Mr. Chairman, if-- this takes us to county
manager's report.
CHAIRMAN NANCE: I believe, sir, we should probably take a
break for the court reporter, since we're close to it, so let us say that we
will --
COMMISSIONER HILLER: I'd like to -- I want to have a
discussion on this.
CHAIRMAN NANCE: We will come back at 10:39.
COMMISSIONER HILLER: Jeff?
COMMISSIONER TAYLOR: Aren't we adjourned?
COMMISSIONER HILLER: I want to have a --
CHAIRMAN NANCE: Talk to the county manager.
COMMISSIONER HILLER: No. I want to put this on the
record.
CHAIRMAN NANCE: We are adjourned, ma'am. We're
adjourned.
COMMISSIONER HILLER: All right. Then I'll bring it up
when we come back. That's not a problem.
(A brief recess was had.)
MR. OCHS: Mr. Chairman, you have a live mike.
CHAIRMAN NANCE: Please take your seats. Ladies and
gentlemen, thank you.
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April 14, 2015
Commissioner Hiller?
COMMISSIONER HILLER: Thank you so much.
County Attorney, I just want clarification. Are you saying that
12A at the last board meeting on March 24th was a land use matter?
MR. KLATZKOW: Yes, it was. It was in connection with a land
use matter.
COMMISSIONER HILLER: And that was advertised --
MR. KLATZKOW: Yes.
COMMISSIONER HILLER: -- in the same fashion as the --
MR. KLATZKOW: I believe we advertised everything that way,
yes.
COMMISSIONER HILLER: You advertised --
MR. KLATZKOW: Not me; staff
COMMISSIONER HILLER: You advertised 12A as a land use
matter?
MR. KLATZKOW: Yes.
COMMISSIONER HILLER: And at the beginning of the
meeting, was everybody that was speaking to 12A sworn in?
MR. KLATZKOW: I believe they were, yes.
COMMISSIONER HILLER: Okay. And so as a consequence,
you're applying 2-42 to 12A in addition to the land use?
CHAIRMAN NANCE: 9A.
COMMISSIONER HILLER: The rezoning petition?
MR. KLATZKOW: I'm sorry. You confused me.
COMMISSIONER HILLER: What was the other item number
that --
CHAIRMAN NANCE: 9A.
COMMISSIONER HILLER: 9A.
MR. KLATZKOW: 9A was a rezoning. 12A, essentially, said
now that we have a rezoning, we want to amend the settlement
agreement to comport with that so that the settlement agreement was
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April 14, 2015
related to land use.
COMMISSIONER HILLER: The settlement agreement is related
to land use?
MR. KLATZKOW: Yes.
COMMISSIONER HILLER: I see. That's very interesting, yeah.
I was not aware that that was your understanding of 12A. I thought
that at the beginning of our discussion you said that to modify the
settlement agreement three votes was required because it was a
contractual agreement, and you said that on the rezoning four votes
was required.
MR. KLATZKOW: No. If you go back to the legal
considerations, that's not what I said.
COMMISSIONER HILLER: Reconsideration? No. When you
go back to the previous meeting --
MR. KLATZKOW: If you go back to that item's legal
considerations, that's not what I said.
COMMISSIONER FIALA: And you said four votes is required
for both?
MR. KLATZKOW: The settlement agreement required, as a
precondition, the Board approve the PUD. It contained a number of
land use items. That portion of the settlement agreement would have
required four votes to amend. There was one portion of the settlement
agreement with an affordable housing commitment of$3 million that I
said that you could change on three votes.
COMMISSIONER HILLER: Oh. So, in other words, you've
bifurcated the settlement agreement, and you've identified part of it as
requiring four votes for modification; whereas, other parts of the
settlement agreement will only require three votes for modification?
MR. KLATZKOW: The part of the settlement agreement that
required the Board to amend the PUD would require four votes.
COMMISSIONER HILLER: Oh, I see. So, again, as I
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April 14, 2015
understand, you're bifurcating the settlement agreement between items
that are non-land use related and items that are land use related, and,
therefore, items that are land use related require four votes and items in
the settlement agreement that are non-land use related require only
three votes?
MR. KLATZKOW: I believe you could change the affordable
housing commitment with three votes. The rest of the commitments
required four votes. I did not structure the settlement agreement; that
was the applicant. That's how it came to the board. But that was my
opinion, yes.
COMMISSIONER HILLER: You didn't structure the settlement
agreement?
MR. KLATZKOW: No. That was the applicant's -- this was
application by the landowner. They came forward with the amended
settlement agreement.
COMMISSIONER HILLER: You're talking about the 2008
settlement agreement?
MR. KLATZKOW: No. I'm talking about the one that you just
denied the reconsideration on.
COMMISSIONER HILLER: Oh, I see. That's very interesting.
And further, if I understand, if I'm looking at 2-42, in effect, what
2-42 seems to say is that a land use petitioner has no right of appeal, in
effect, on a land use decision because it will always be subject to, in
effect, one vote by one board member in order to be heard.
So, in effect, there's no right of appeal, given that it's controlled
by a single vote, on land use decisions by the board.
So once a decision is made by the board on a land use matter, any
appeal to the Board of County Commissioners based on 2-42, in fact,
is illusory, and really what ought to happen is a land use petitioner
should bypass any reconsideration request and go straight to court
because, according to 2-42(G), that seems to be what's implied here.
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April 14, 2015
So I guess my question is, why do we even have reconsiderations
like this?
MR. KLATZKOW: You have reconsiderations as a general rule
because oftentimes there's information that may come to a
commissioner's attention that the Board was not aware of prior. So, in
essence, the primary purpose of a reconsideration is to give you an
escape valve.
COMMISSIONER HILLER: Well, not really, because we're
bound by what's on the record. We're not re-opening a public hearing.
We have to deal with the record; it's just a question of reconsidering
the vote. Or are you suggesting that it would re-open the hearing and
introduce new evidence?
MR. KLATZKOW: If the Board elected to re-open the hearing,
you would start all over again as if it was a new hearing.
COMMISSIONER HILLER: And so does the Board have --
MR. KLATZKOW: It would be a de novo hearing.
COMMISSIONER HILLER: So it would -- this allows for a de
novo hearing?
MR. KLATZKOW: Yes.
COMMISSIONER HILLER: It doesn't seem to say that
anywhere in here.
Well, anyway, at the end of the day it does seem to make the
appeal illusory since, again, it is -- I mean, if a commissioner wants to
reconsider, I guess this protects the right of a commissioner, but it
certainly doesn't give any petitioner the right of appeal.
MR. KLATZKOW: The petitioner has significant rights of
appeal under the certiorari procedures set forth by the Florida courts.
COMMISSIONER HILLER: Oh, I understand that, but I
thought, you know, in the interest of the community, that what we
want to do is avoid facing another lawsuit, but it's very clear that that's
what you want, and --
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April 14, 2015
MR. KLATZKOW: Whoa, whoa, whoa, whoa, whoa.
COMMISSIONER HILLER: -- what I read in the letter by the
Board, I mean, from the -- no, no.
MR. KLATZKOW: Whoa, whoa.
COMMISSIONER HILLER: No.
MR. KLATZKOW: Before we get into this, I didn't take the
vote. It was a Board action. The rezone required four votes. There
was only three. My job is to implement that direction.
If the petitioner wants to bring suit based on that, that is his
prerogative.
COMMISSIONER HILLER: Oh, he's going to. I mean, he sent
us a letter that clearly stated that he intends to sue.
MR. KLATZKOW: I have no doubt that they will, because that's
what they do.
COMMISSIONER HILLER: I think that's really, really --
CHAIRMAN NANCE: Excuse me.
COMMISSIONER HILLER: -- County Attorney?
CHAIRMAN NANCE: Excuse me.
COMMISSIONER HILLER: Wow.
CHAIRMAN NANCE: I think that this --
COMMISSIONER HILLER: That is unprofessional of you.
CHAIRMAN NANCE: I think this discussion --
COMMISSIONER HILLER: It's clear that you have a bias,
which is a real problem. You know, you are here to tell us what --
(Sighs from the audience.)
CHAIRMAN NANCE: Ladies and gentlemen.
COMMISSIONER HILLER: -- the law is so we conduct
ourselves in accordance with the law.
CHAIRMAN NANCE: Commissioner Hiller, I think this
discussion is going to end. We're going to move to the next agenda
item.
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April 14, 2015
Mr. Ochs, it has come to my attention that Mr. Dorrill is
requesting, because of time constraints on him, that the Board consider
addressing Item 11B which would be out of order, because the next
agenda item is 11A. Is the Board amenable towards moving 11B to
the next agenda item at Mr. Dorrill's request?
COMMISSIONER FIALA: Sure.
Item #11B
A BUDGET AMENDMENT TRANSFERRING $200,000 FROM
PELICAN BAY SERVICES DIVISION (PBSD) MSTBU FUND
109 RESERVES TO THE PBSD BEAUTIFICATION COST
CENTER FOR ADDITIONAL TREE TRIMMING SERVICES -
MOTION TO APPROVE — APPROVED
CHAIRMAN NANCE: Seeing no objection, let us hear from Mr.
Dorrill. Let's move to 11B, Mr. Ochs.
MR. OCHS: Thank you, sir. That is a recommendation to
approve a budget amendment transferring $200,000 from the Pelican
Bay Services Division MSTBU Fund 109 reserves to the PBSD
beautification cost center for additional tree trimming services.
COMMISSIONER HILLER: I need to speak to this,
Commissioner Nance.
MR. DORRILL: Good morning, Commissioners. This was on
your agenda two weeks ago. By background, near the end of the first
quarter of the fiscal year, a committee of the Pelican Bay Services
Advisory Board undertook an initiative to do an evaluation of the tree
canopy and line-of-sight issues within the Pelican Bay community and
within our responsibility for the streetscape and median beautification
as part of the ordinance that is there.
Pelican Bay is somewhat unique in that all of the non-gated
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April 14, 2015
streets are owned by the Board of County Commissioners, whether
they're major or minor arterials and collectors or residential streets,
because the creation of Pelican Bay predated the county's unified Land
Development Code and subdivision regulations.
Streets of this nature would normally be owned by the master
homeowners' association. But as a result, our predecessor, the Pelican
Bay Improvement District, had as part of its charter the responsibility
for all streetscape and median beautification, as we've asked the
reconsideration of this today.
I've also provided you with some pictures of the various examples
of the work that was performed both on the major collectors, Pelican
Bay Boulevard, Gulf Park Boulevard, and then some of the residential
streets that we are responsible for.
The work primarily consisted of lifting and thinning the canopy
trees, the oaks and the mahoganies that are along the main boulevards,
and then trimming of sabal palms, but then about 12 percent of the
project involved improving line-of-sight discrepancies as a result of
years of deferred maintenance, and so it consists of those, too.
We used an annual contract that was let by the Board of County
Commissioners, supplemented by our crews that consist of about half
county employees, and one half of our crews that are there at the
groundskeeper level are contracted day laborers. And so there're two
components there.
This project was reviewed and authorized at the January meeting
of the Pelican Bay Services Division Board.
COMMISSIONER HILLER: Can I speak to this?
CHAIRMAN NANCE: We've got Commissioner Henning first
and then Commissioner Hiller.
COMMISSIONER HENNING: Actually, I was on the last item.
But, anyways, I think my concerns on this item will be addressed in the
near future where we are treating all the MSTUs equally as far as
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April 14, 2015
maintenance goes. So I have no problem approving it.
CHAIRMAN NANCE: Commissioner Hiller, then
Commissioner Fiala.
COMMISSIONER HILLER: And consistent with what
Commissioner Henning said, if we're going to treat all MSTUs the
same, those trees are county trees, and they're county-owned trees. We
used county staff, as you said, to do the trimming. Are we, in effect,
moving -- who is actually getting paid?
MR. DORRILL: Primarily contractors. We used a professional
tree trimming and pruning service that has an annual contract with the
commission for the work that was done.
COMMISSIONER HILLER: Well, you know, if we're going to
be consistent with these MSTUs throughout the county, and as we had
the discussion this morning, if the asset is a county-owned asset, as the
case is with these roads and these trees, then this really needs to be a
county expense.
I mean, there's absolutely no reason that the Pelican Bay MSTU
should be paying for the maintenance of this county asset when the
maintenance of Rock Road is going to be paid by the county once it
becomes a county asset. I mean, it is -- that is completely inconsistent.
So to suggest that we should have a budget amendment to pay for
this -- I mean, the budget amendment I see is that 200,000 should be
moved into reserves to be used for other stuff and that the county needs
to be paying that contractor not through the surtax of the residents of
Pelican Bay.
MR. DORRILL: I understand your concern, and that's why in
this particular case, because of the age of Pelican Bay and the fact that
it predated the land development or subdivision regulations, part of our
historical responsibilities do include both streetscape and median
maintenance when --
COMMISSIONER HILLER: I understand. That's irrelevant.
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April 14, 2015
We have a policy, and the policy is uniform. We're not going to single
out and say, well, you know -- because if we're going to deal with, like,
historical, then all of the other MSTUs out there need to be -- prior to
the adoption of this policy need to be treated like Pelican Bay. And
going forward maybe we can adopt a policy prospectively. But based
on that, Rock Road falls under Pelican Bay because it predates the
policy creation. So, no, no, we're not going to do six of one, half a
dozen of the other.
Leo, I have a real concern with this. I mean, if this is the policy,
then we all need to be treated the same. Everybody needs to be treated
the same. I don't care what district, I don't care which MSTU. If it's a
county-owned asset and if it's deemed a county-owned asset, then
maintenance is now going to be paid by the county. If that's the policy,
then the Pelican Bay MSTU should not be paying 200,000, and we
need no budget adjustment, and just forward the bill onto the county.
So let's be consistent.
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. From what I remember, and I
could be -- you know, I could be corrected on this. I thought Pelican
Bay wanted to make sure that their landscaping was up to the standards
they wanted in Pelican Bay, and so they voted this MSTU in order to
keep the landscaping. And maybe it wouldn't be the same that the
county would put in because, you know -- but that area was a little bit
different, and they wanted it to be trimmed and maintained according
to the character of their community, or at least that's what I remember.
MR. OCHS: Yes, ma'am. And that is an enhanced level of
service, and that's one of the traditional reasons why communities form
MSTUs and MSTBUs is because they want a higher level of service
than the base level that's provided.
COMMISSIONER FIALA: Right.
MR. OCHS: Unfortunately, the history of MSTUs in the county
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April 14, 2015
is that in some cases you have MSTUs that are formed for the purpose
of putting in, essentially, base level services like the situation in Rock
Road, then you have communities that form MSTUs and BUs to
provide a very high enhanced level.
You could argue that part of the need for the trimming and
clearing here was because there was an advanced level of landscaping
and lush landscaping put in in the beginning.
I would just urge the board not to jump to any premeditated
actions here until we are able to bring back the staff report. You can
see the financial implications of the policy decisions that you see make
at that point. That would be my recommendation.
I'd like to ask Mr. Casalanguida to just make a brief comment
based on his history with these.
COMMISSIONER FIALA: Second part of my question, but I'll
wait.
MR. CASALANGUIDA: Thank you, Commissioners. I think the
county's policy on landscaping is traditionally your arterials once
they're brought to their main footprint, six lanes or, in the case of
Radio, four lanes, the county puts in landscaping.
As County Manager Ochs pointed out, this was an enhanced level
of service, so it's a little different. Similar, to echo his comments, I
think when we bring back the policy, we'll outline all of your arterial
landscaping, all of your MSTUs, and you can see the breakpoint
between what would be county maintained and what should be
privately maintained.
MR. OCHS: And, Commissioner Hiller --
CHAIRMAN NANCE: I'm going to let Commissioner Fiala
finish her question, then I'm going to go to Commissioner Taylor.
COMMISSIONER FIALA: Thank you.
And the second question I had was, it went before your PBSD
board, and they all approved the expenditure of the money that they
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April 14, 2015
had?
MR. DORRILL: Yes, ma'am.
COMMISSIONER FIALA: Okay, fine. And, lastly, when you
talked about major roads, the six-laners, that's one thing, but I know --
I'm just now thinking of my little area, like St. Andrews Boulevard.
That's privately maintained. And although it's a public road, it's
privately maintained because they want to make their decisions, and
other places that would love to have landscaping, like Hawaii
Boulevard really needs it, and it's a public road. They just can't do
that.
And so I think that this is -- in particular, we should listen to what
they want to do with their own money and to keep the enhanced
landscaping that they wish to have in their community.
MR. OCHS: Mr. Chairman?
CHAIRMAN NANCE: Yes.
MR. OCHS: And, again, to Commissioner Hiller's point, which
is well made, perhaps, ma'am, what we could do is move forward with
this action, then when the Board takes their policy action on the MSTU
report that comes back, if that decision does affect a community like
Pelican Bay, we can always journal entry funds back into that -- into
that PBSD account if that's, in fact, what the Board decides after
reviewing the policy options and the fiscal impact.
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: I'd like to make a motion that we
approve the budget amendment as requested by the petitioner.
COMMISSIONER FIALA: Second.
CHAIRMAN NANCE: There's a motion and a second. I'd like
to make a comment, then I'm going to go back to Commissioner Hiller.
To my regret, the county actually doesn't have, to my knowledge,
a very well defined tree trimming policy or program. Why is that a
problem? It's a problem because in the absence of good arborist's care,
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it subjects our landscaping, particularly the part of the landscaping
that's most mature, to very heavy storm damage if things aren't done in
a proper way.
Now, there's absolutely no doubt that the county goes around and
trims trees when they become either a safety hazard or they're
obstructing streetlights or they're getting into power lines and things of
that nature.
But what I'm suggesting to you is that actually -- I think Pelican
Bay is being very wise here, because I don't think they're doing
something that's programmed. I think they're doing something that
they feel is needed and probably is supported by good horticultural
practice.
And a clear example of what happens when you don't do
appropriate trimming is what happened down Crayton Road when
most of the mature ficus trees that we had were lost in Hurricane
Wilma. And still to this date, despite the fact that individuals are
trying to trim their trees, the city has a policy against so doing it, and I
really think that needs to be examined in a way that is functional.
It's not just preserving, you know, the ambiance that you get by
landscaping. It's by following good horticultural practice that lets you
keep those mature trees over time. And I think the enhanced level of
planting that Pelican Bay requested and received is getting to the point
now where if it doesn't get the proper care, you are going to -- you're
going to subject yourself to losses that are really going to be a shame.
So I certainly support the motion.
Commissioner Hiller?
COMMISSIONER HILLER: Well, to begin, Commissioner
Fiala asked, you know, whether the Pelican Bay Services Division
approved this budget amendment. Well, of course they did, because
they didn't know about this policy that was discussed this morning. So
it's ludicrous to tie their hands and say, because they, not having the
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April 14, 2015
benefit of the information that was presented today, approve something
and, therefore, we should support what they recommend.
You know, if they knew a policy was coming forward that would
state that in the county everybody would be uniformly treated, and that
is if it's a county asset, it's going to be maintained by the county at the
county's expense, then I assure you they would not have voted in the
affirmative.
To your point, Leo, about enhanced landscaping, well, then the
county need to pay for the base level of landscaping for all of these
MSTUs, and anything enhanced, whether it's lighting or landscaping or
anything else, that the maintenance, the incremental maintenance could
be paid by the MSTU.
But there's absolutely no reason that the base maintenance should
not be credited to all these MSTUs throughout the county.
And just for what it's worth, there are other MSTUs that have
engaged in enhanced landscaping. To suggest that by enhancing the
landscaping now all of a sudden that 100 percent of the maintenance
liability becomes the MSTUs, and the county can wash their hands of
the responsibility is ludicrous. And I don't care what the enhancement
is, whether it's landscaping, lighting, or anything else.
So, you know, if we want to open up Pandora's box, we've done
that. I mean, this whole policy discussion this morning clearly goes to
show that there is a lot more to this issue than, oh, once the asset is the
county's, then the maintenance belongs to the county, because guess
what? Those trees are county trees. And while they were enhanced,
they're county trees, base or not.
So, you know, to outright support this motion without a condition
attached that once this policy established that the MSTU should have
the right to reimbursement for the county for at a minimum what the
maintenance cost is attributable to the base level of landscaping that
they're entitled to would be fundamentally unfair.
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April 14, 2015
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: We do have someone in our
audience who is head of community services who's not looking up
because he's not expecting me to say his name, Dave Likens. And if
you need any explanation, he would be a great source about what the
policy is in the city about landscaping on the roads and what we take
care of.
If not, I'd like to invoke Robert's Rules of Order and call the
question.
CHAIRMAN NANCE: Well, we're going to continue --
COMMISSIONER HILLER: We have a public speaker.
CHAIRMAN NANCE: Do we have a public speaker?
MR. MILLER: Yes, Mr. Chairman, we have one registered
speaker.
CHAIRMAN NANCE: Yes, okay. Let's hear the public speaker,
and then I'd like to also make a couple of comments.
MR. MILLER: Dr. Joseph Doyle has been ceded three addition
minutes from Sandy Doyle, for a total six minutes.
DR. DOYLE: Yes. Good morning, Commissioners. Dr. Joseph
Doyle. I am here on behalf of my mother, who's Sandra Doyle. She's
a property owner in Laurel Oaks.
As you know, I was here three weeks ago for this matter, which
Commissioner Henning pulled off the consent agenda and you
discussed and asked Mr. Dorrill -- or asked Leo to go back with -- to
correct the executive summary.
The executive summary that you have in front of you still has not
been corrected. The only thing that's been put in there is a paragraph
about the roads that were trimmed. Now, when I was here three weeks
ago, we brought up the issue of safety.
And as Commissioner Hiller has been saying for the last 10
minutes, if we did not have an MSTU for beautification, the county
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April 14, 2015
would still be responsible for safety.
Pelican Bay is 10 percent of this county tax base. You collect
about $260 million a year in ad valorem property taxes. That means
Pelican Bay is contributing about $26 million in ad valorem to run this
county, and you can't trim the trees?
That would be -- we would have that even if we didn't have
beautification. We collect another three and a half million dollars a
year for beautification, and we are maintaining those medians. What
was trimmed was for safety.
Now, I'll also let you know, that at the January 7th meeting, the
Board did request that the trees be trimmed this year, just the safety
ones, the ones that pertain to safety. They were originally given an
amount of about 38,000 and maybe 62,000. Certainly not 200,000.
Furthermore, the 200,000 is inaccurate because it's not all for tree
trimming. It's 100,000 for tree trimming and 100,000 for temporary
labor that we use for other projects within the MSTU. So as it's
written, it's still inaccurate.
And I also went to the budget committee meeting on March 26th,
and the full advisory board committee April 1st. And they asked Mr.
Dorrill for the detail, and he still has not given them the detail. They
want the invoices.
So this executive summary is still inaccurate, and you really
shouldn't approve it the way it is. But if you're going to approve it,
approve $100,000 temporary labor out of our reserves and the other
100,000 for the safety tree trimming from the county funds.
It's inaccurate. He needs to do his job. And actually, quite
frankly, I'm disappointed in him because he is our administrator, and
he's not advocating for us. They're trying to do this $200,000 transfer
for convenience. It's very -- you know, I'm here for principle. It's the
principle of the matter. Thank you.
CHAIRMAN NANCE: Thank you. There's a motion on the
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April 14, 2015
floor and a second. Any further discussion?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed?
COMMISSIONER HILLER: Aye.
CHAIRMAN NANCE: It passes 4-1, with Commissioner Hiller
in dissent.
MR. DORRILL: Thank you, Mr. Chairman, for the courtesy to
get me back to the office for lunch. I appreciate it.
CHAIRMAN NANCE: Thank you, sir.
Mr. Ochs, I guess that takes us back to Item 11A.
Item #1 1 A
A CONTRACT WITH COMMUNICATIONS INTERNATIONAL
FOR IMPLEMENTATION OF A P25 DIGITAL RADIO SYSTEM
AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE
CONTRACT AFTER FINAL REVIEW BY THE COUNTY
ATTORNEY - MOTION TO APPROVE W/AMENDMENT —
APPROVED
MR. OCHS: Yes, sir, Mr. Chairman. That is a recommendation
to approve a contract with Communications International for
implementation of a P25 public safety digital radio and authorize the
chairman to execute the contract after final review by the county
attorney.
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April 14, 2015
Mr. John Daly, your Information Technology
Telecommunications Manager, will present.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER FIALA: Second.
COMMISSIONER TAYLOR: Second.
CHAIRMAN NANCE: There's a motion to approve and a
second.
I think I would like to ask a couple questions.
MR. DALY: For the record, John Daly, Telecommunication
Manager.
CHAIRMAN NANCE: Yes. Mr. Daly, is the representative
from Communications International present here today, sir?
MR. DALY: Yes.
CHAIRMAN NANCE: Could we talk to him for a moment?
MR. ROSATI: Good morning. I'm John Rosati, Vice President
with Communications International.
CHAIRMAN NANCE: Mr. Rosati, thank you very much. I'm
assuming, since we -- some of the agenda items that we previously
talked to referred to Hughes, that Communications International is the
successor company to Hughes Communications; is that correct?
MR. ROSATI: No, that's not correct.
CHAIRMAN NANCE: Okay. So what's your relationship with
the current service provider?
MR. ROSATI: Are you referring to Harris Corporation?
CHAIRMAN NANCE: Excuse me, Harris, I'm sorry. I said
Hughes. Harris.
MR. ROSATI: Oh, yes. All right. So we're a master distributor
and a regional center of excellence for Harris Corporation.
CHAIRMAN NANCE: Okay.
MR. ROSATI: So we're their exclusive provider here in Southern
Florida as well as 11 Southeastern states.
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April 14, 2015
CHAIRMAN NANCE: Okay. And how long have you had that
relationship with Harris?
MR. ROSATI: About 41 years.
CHAIRMAN NANCE: About 41 years.
MR. ROSATI: With other successor companies. You know,
they've purchased, you know, the radio group from different
companies.
CHAIRMAN NANCE: So all during this time the people at
Harris advocated for them receiving this contract and being able to
negotiate with the county, they came to the Board repeatedly and
emphasized the length of that relationship and their understanding of
our system --
MR. ROSATI: Yes.
CHAIRMAN NANCE: -- is that correct? And you concur with
that completely?
MR. ROSATI: That's right.
CHAIRMAN NANCE: Okay. So I'm looking under fiscal
impact, and I'm looking at the county negotiated project cost which
was -- is being presented here as a good deal because it's
approximately 7 percent less than the state contract.
MR. ROSATI: That's correct.
CHAIRMAN NANCE: And that was your bid on the project; is
that right?
MR. ROSATI: That's correct.
CHAIRMAN NANCE: But I also see under fiscal impact that
included is an allowance of over $730,000 in contingency fees on this
project. Why is that?
MR. ROSATI: For the contingency?
MR. DALY: Mr. Chairman, the contingency in there was not at
the request of the vendor. That was staff request. We have existing
sites out there that we already lease, and this was to cover any
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April 14, 2015
unforeseen expenses with the tower owners that we have leases with.
This was not necessarily to address anything additional in the contract
with the vendor.
CHAIRMAN NANCE: Okay. Well --
MR. DALY: But we're willing to have that be removed, and if
we --
CHAIRMAN NANCE: All I'm saying is this: I'm saying that,
you know, because we've had a very long and successful and good
relationship with Harris, and now Communications International, that
they should accept the $14 million bid for this project without any
additional contingency fees.
I see absolutely no reason why they should have any
misunderstanding about what it is that they're providing to us.
I think it's an outstanding $15 million contract that's backed up by
an additional $5 million maintenance and software support. So I'm
looking for Communications International to say that they're going to
do this job for $14,734,000 and stand behind that commitment to the
county.
MR. ROSATI: We will.
CHAIRMAN NANCE: All right.
MR. DALY: We're comfortable with removing the contingency.
That's fine.
CHAIRMAN NANCE: Okay. Well, you know, if you will do
that, then I will certainly support it, but I think it's fair since we -- you
know, if we were going to Motorola and we were making a switch, I'd
say okay, but I expect, you know, our relationship to prevail and
provide us with the economy that is being represented here today.
MR. ROSATI: Absolutely. We appreciate that.
COMMISSIONER HENNING: I amend my motion to reflect the
chairman's comments.
CHAIRMAN NANCE: Any other comments?
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April 14, 2015
COMMISSIONER TAYLOR: Well done.
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by --
MR. MILLER: Mr. Chairman, I did have this gentleman
registered as a public speaker. Did you have any more you needed to
say, sir?
MR. ROSATI: No. I just submitted that in case any comments
were needed.
MR. MILLER: I just wanted to check on that.
CHAIRMAN NANCE: Yes, sir. Thank you, Mr. Miller.
Any further comments by board members?
(No response.)
CHAIRMAN NANCE: Hearing none, all those in favor, signify
by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN NANCE: Any opposed?
COMMISSIONER HENNING: Aye. I'm with you. I'm just
delayed.
CHAIRMAN NANCE: Okay.
COMMISSIONER HENNING: It's one of those days.
CHAIRMAN NANCE: That's four and a half ayes to be followed
by five ayes, so we're unanimous.
MR. DALY: Thank you very much, Commissioners.
CHAIRMAN NANCE: Thank you.
MR. ROSATI: Thank you.
MR. DALY: Have a good day.
Item #1 1 C
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April 14, 2015
AN OUT-OF-CYCLE FUND 195 CATEGORY "A" GRANT
APPLICATION FROM THE CITY OF NAPLES FOR AN
ADDITIONAL FUNDING REQUEST FOR THE NAPLES PIER
REBUILD FOR A NOT TO EXCEED AMOUNT OF $571,965,
RECOMMEND THAT THE BOARD REALLOCATE TOURIST
DEVELOPMENT TAX FUNDS WITH A SUPERMAJORITY
VOTE, APPROVE AN AMENDMENT TO THE GRANT
AGREEMENT, AUTHORIZE NECESSARY BUDGET
AMENDMENT, AND MAKE A FINDING THAT THIS ITEM
PROMOTES TOURISM (PROJECT NO. 90096) — APPROVED
MR. OCHS: Mr. Chairman, that takes us next to Item 11C,
which is a recommendation to approve an out-of-cycle Fund 195
Category A grant application from the City of Naples for an additional
funding request for the Naples Pier rebuild for a not-to-exceed amount
of$571,965; recommend that the Board reallocate tourist development
tax funds with a supermajority vote; approve an amendment to the
grant agreement authorizing the necessary budget amendment; and
make a finding that this item promotes tourism.
Mr. McAlpin is available to present.
Commissioners, this is on the regular agenda because in total the
project exceeds a million dollars; otherwise, it's been approved by the
TDC and is ready for Board consideration.
COMMISSIONER HENNING: I'm happy to make a motion to
approve and the findings that it does promote tourism. I've been
frequenting the pier and noticed a lot of very white-skinned people not
from this area and foreign people speaking a foreign language.
The good-news item on this is the cooperation with the City of
Naples to recognize that Category D, I believe, it is, and they're not
going to seek payment over the next few years until this is completely
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April 14, 2015
done.
COMMISSIONER FIALA: I appreciate that, and I second your
motion. And you're absolutely right, whenever you go there, it's
always full of tourists. And the good thing is, you know, you let
anybody into the city, and everybody can park where they want. And
that's really open to all tourists, and that's a very important thing, too.
It's always -- it always makes us proud to see what you do for the
tourists.
Thank you.
COMMISSIONER HENNING: And congratulations to the city
council and the mayor for cooperation on this item.
Aye.
CHAIRMAN NANCE: I just want to -- I hate to throw a fly in
the ointment here, but I just want to say a couple things. And I'm
going to support the motion, but I'm going to tell you a couple things
that are getting ready to happen.
This has become a very, very expensive project, and I understand
why. And the decision was made -- and maybe it's a good one, but I'm
going to point out some weaknesses -- is the decision was made to go
with IPE as the wood for the pier, and IPE is wonderful. It's also very,
very expensive to install. It has to be drilled. It has to be screwed.
When you get a pier situation -- and I do have a little experience
with piers because there were some in my family -- sometimes the
movement of those piers is important in a storm to allow them to not
suffer extreme damage. When you start screwing things together
really, really tight, I think you're going to have a bad result.
And I think another thing that hasn't been considered is when the
deck boards do blow off the pier and they're made of IPE, they're not
simply going to float up and end up on the beach. They're going to go
to the bottom, and you're going to have to get a diver to go retrieve
your materials because --
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April 14, 2015
COMMISSIONER HENNING: Well, you know where they're
at.
CHAIRMAN NANCE: Well, kind of. You kind of know where
they're at. But, you know, I mean, this project is -- you want to talk
about a gold-plated project; in my view, it's a gold-plated project. But I
will support it because I think it's the will of the board.
But I'm just saying, hey, I don't know how this is going to work
out. I don't see anything wrong with building a pier in the good,
old-fashioned way. I think they've proven over time. But I'm not
going to -- I'm not going to vote against it.
Any further comment?
COMMISSIONER HENNING: Just one thing. You know, that
asset is one of the historical assets that we have in our community,
Naples, Collier County, recognized for -- and you take a look at a lot of
logos, you'll see the pier on there, or you take a look at social media,
you'll see the pier there. It's worth the investment for us to put in
material, more expensive material.
As far as Commissioner Nance's comments, I hope that the others
are wrong, or I hope that you're proven wrong and that the people that
designed this are right instead of putting marine boards on there,
marine-treated boards that -- which are screwed on also, that they stay
there forever.
CHAIRMAN NANCE: All right. Seeing no further discussion,
all those in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
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April 14, 2015
CHAIRMAN NANCE: None. It passes unanimously.
Item #12A
APPOINTING A MEMBER AND AN ALTERNATE MEMBER TO
THE COUNTY CANVASSING BOARD FOR THE 2016
ELECTION CYCLE - MOTION APPOINTING COMMISSIONER
TAYLOR AND RECOGNIZING DUDLEY GOODLETTE WILL
SERVE AS AN ALTERNATE IF NEEDED — APPROVED
MR. OCHS: Mr. Chairman, that takes us to Item 12A, county
attorney's report. And 12A is a recommendation to appoint a member
and an alternate member to the county Canvassing Board for the 2016
election cycle.
MR. KLATZKOW: Yes. And this is at the request of the
Supervisor of Elections. She's requesting that this appointment be
done now so that she can finalize plans for an upcoming Canvassing
Board workshop to be held in Orlando, Florida.
The statute contemplates the chairman of the Board of County
Commissioners to serve as the member of the Canvassing Board but
that there be an alternative member.
COMMISSIONER FIALA: You can't, can you, because you'll be
running for re-election, right?
CHAIRMAN NANCE: It's quite possible, yes.
MR. KLATZKOW: Then you cannot serve.
CHAIRMAN NANCE: Yeah.
MR. KLATZKOW: Anyone who is actively running for that
election or actively supporting somebody who will be in that election
cannot serve.
CHAIRMAN NANCE: Well, that leaves us with three other
commissioners, I believe.
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April 14, 2015
COMMISSIONER FIALA: And I'm already running, so that
leaves me out.
CHAIRMAN NANCE: That leaves you out.
Commissioner Hiller may be running for something, I guess,
think, so she has indicated, so that leaves Commissioner Henning and
Commissioner Taylor, unless they're making an announcement today.
Commissioner Henning?
COMMISSIONER HENNING: Yeah, I might be actively not
supporting somebody on the ballot, so that leaves me out.
CHAIRMAN NANCE: Actively not supporting someone on the
ballot. Does that let you out, sir? I don't know that that's an escape
valve.
COMMISSIONER HENNING: Is it?
COMMISSIONER TAYLOR: You have to rephrase that.
MR. KLATZKOW: And I note again that the timing here is
because of the workshop. If none of you have you any desire to be at
that workshop, perhaps we can delay this, come back six months from
now, perhaps you'll know better --
CHAIRMAN NANCE: Why don't we do that.
MR. KLATZKOW: -- what you're going to be doing.
COMMISSIONER HENNING: I'll be writing a check by then.
CHAIRMAN NANCE: So we're going to continue this
discussion, sir?
MR. KLATZKOW: That's at the pleasure of the Board.
CHAIRMAN NANCE: Am I seeing nods? Yes, no, maybe so?
COMMISSIONER TAYLOR: Sure, yes.
COMMISSIONER HENNING: Why don't we just appoint
Commissioner Taylor?
COMMISSIONER TAYLOR: You have to have two, right?
MR. KLATZKOW: Well, no. You need one. You preferably
should have an alternate.
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April 14, 2015
COMMISSIONER HILLER: We can just appoint her and be
done with it.
MR. KLATZKOW: I know that Mr. Goodlette has already
offered to serve as an alternate, so I really just need the one
commissioner. It's a fascinating job. You'll love it.
COMMISSIONER FIALA: Actually, it's kind of fun, really.
COMMISSIONER HENNING: Yeah, you should do it.
COMMISSIONER TAYLOR: I got into that from the city
council. Based on your recommendation as a "fascinating job," I will
accept the appointment.
COMMISSIONER HENNING: Move to approve Commissioner
Taylor as the Canvassing Board representative by the Board of
Commissioners.
COMMISSIONER FIALA: Second.
CHAIRMAN NANCE: There's a motion and a second.
Any further discussion?
MR. KLATZKOW: And shall I inform Mr. Goodlette that we
would request that he be the alternate?
COMMISSIONER HENNING: That's a part of my motion.
CHAIRMAN NANCE: Yes.
MR. KLATZKOW: Thank you.
CHAIRMAN NANCE: Hearing no further discussion, all those
in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN NANCE: Any opposed?
(No response.)
CHAIRMAN NANCE: All right, Commissioner Taylor, you've
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April 14, 2015
been so designated.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Mr. Chairman, that, per our agenda note this
morning, would take you to Item 7, public comment on general topics
not on the current or future agenda.
CHAIRMAN NANCE: Mr. Miller?
MR. MILLER: I have 13 such registered speakers.
CHAIRMAN NANCE: All right, sir.
MR. MILLER: The first being Emily Brown. She will be
followed by Jennifer Hecker, who has been ceded additional time from
Caitlin Weber. I -- the remaining 12 after our initial speaker here are
all speaking about the item that was removed on the agenda. And,
frankly, I don't think they're here.
COMMISSIONER HENNING: You have to call them.
COMMISSIONER HILLER: Well, you have to call their names.
MR. MILLER: I will call their names. I just wanted to let you
know.
Emily Brown, would you please come up. You're our first
speaker.
COMMISSIONER HILLER: And who has ceded time for her?
MR. MILLER: No. Jennifer Hecker, your next speaker, was
ceded time from Caitlin Weber.
COMMISSIONER HILLER: Oh, I see. But this lady hasn't been
ceded time by anyone?
MR. MILLER: She is -- no. And she is not -- she's speaking
about a building permit application, not about oil.
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April 14, 2015
COMMISSIONER HILLER: Can you please call the names of
the others speakers, and if they're not here --
MR. MILLER: Do you want me to do that now before she starts?
CHAIRMAN NANCE: Let's let her speak, and then we will.
COMMISSIONER HILLER: It doesn't matter.
MR. MILLER: Please, ma'am.
MS. BROWN: Good morning, Commissioners. I am here
representing the landowner or, I'm sorry, the contract purchaser for the
commercial property located at --
COMMISSIONER HILLER: Can you speak into the mike? It's
-- I can't hear you.
MS. BROWN: Sorry -- representing the purchaser for the
commercial property that's located at Randall Boulevard and
Immokalee Road as part of the Orangetree PUD.
And when the commissioners passed the impact fee increase that
is set to take place on May 11th, we -- the current county policy is for
there to be one round of comments for an SDP application, and then
after that we can submit the building permit application, at which time
the impact fees are locked in for whatever rate they are.
And we would like to propose that a simultaneous review of a
building permit application to be submitted at the same time as an SDP
application, which would allow us to meet the impact fee deadline.
COMMISSIONER TAYLOR: Before.
MS. BROWN: Before May 1 lth, which we are able and prepared
to do, but it wouldn't be possible to receive -- to submit it, receive one
round of comments, and then submit a building permit application.
MR. CASALANGUIDA: We can explain that if you'd like,
ma'am. Your cutoff, obviously, as she explained, for the building
permit is -- in tying to the impact fee, is after the first round. So this
has a cascading effect. You'd have to treat everybody equally. So I
think everybody would ask to get in the gate before the impact fees
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April 14, 2015
changed. Now --
COMMISSIONER HILLER: Absolutely.
MR. CASALANGUIDA: Well, ma'am, your policy's also been
to advertise 90 days and, you know -- so if you're going to change that,
you would change it for everybody. And if that's the will of the board,
we would do so.
COMMISSIONER FIALA: But what governs how we do this? I
mean, is this -- is this -- in other words, the SDP first and the building
permit second, is that governed by the LDC?
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER HILLER: Well, then that's an ordinance
change. We can't --
MR. CASALANGUIDA: Your effective date is also important to
this. So you could push the effective date of that increase as well, too,
and that's governed by an ordinance after it's been advertised by the
Board, so --
COMMISSIONER HILLER: But we've already approved the
ordinance --
MR. CASALANGUIDA: You have.
COMMISSIONER HILLER: -- for the impact fees, so we would
have to advertise twice to modify that, too.
MR. CASALANGUIDA: The only risk, ma'am, would be so you
push this back 30 days --
COMMISSIONER HILLER: And someone else is adversely
affected.
MR. CASALANGUIDA: And then someone else will come back
in. So my cutoff is right around the corner as well, too. Can I join
that? So you pick a date and a time --
COMMISSIONER HILLER: There will always be someone
adversely affected.
MR. CASALANGUIDA: Exactly, ma'am. That's your
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April 14, 2015
challenge.
COMMISSIONER HILLER: And I don't believe -- I mean,
Commissioner Nance -- and forgive me for not having my light on, but
this is a significant issue because timing -- we can't adjust the timing of
our decisions to benefit a single person. I just -- I will also say this; I
don't think this is an appropriate discussion for public comment. This
really, in effect, is a public petition and should have been brought as a
public petition rather than as public comment, and we can't take action
as a board on a matter --
CHAIRMAN NANCE: We can't take action.
COMMISSIONER HILLER: -- that is public comment.
CHAIRMAN NANCE: We should refer --
COMMISSIONER HILLER: Procedurally, I think, there's a
problem here.
CHAIRMAN NANCE: We should refer them to staff so that
they understand the underlying regulations and ordinances and codes
that we have to -- that we have to live by.
So, Commissioner Taylor.
COMMISSIONER TAYLOR: Just a question to the petitioner.
Did you speak with staff ahead of time, or you're just --
MS. BROWN: I did.
COMMISSIONER TAYLOR: You did. And what was your
direction?
MS. BROWN: To come make a public comment.
COMMISSIONER HILLER: Public comment, not public
petition?
MS. BROWN: Oh, I'm sorry, it was to make a public petition,
but then when I came this morning, they said that you can't make a
public petition because it has to be an agenda item, and so they said I
could make a public comment.
COMMISSIONER HILLER: So you advised her to make a
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April 14, 2015
public comment instead of a public petition when staff advised her to
file a public petition?
MR. CASALANGUIDA: No, ma'am. I believe Mr. French
could clarify. But I think what he explained to the applicant was the
only recourse you have is to address the Board. Staff can't legally
make that administratively changed, so I think that's what Mr. French
and staff had told her, that the only person you could talk to, it would
be to address the Board.
COMMISSIONER TAYLOR: And I was just -- you know, I was
asking just to understand how it evolved. I think staff was appropriate
in their advice and, you know, I think we have clear communication,
and you shouldn't be faulted for this, you know. You're the public, and
it's just one of those things, but --
MS. BROWN: Can I ask what ordinance it is? Because I was
told that it was a county policy, but it's not on MUNI code, or it's not in
the code.
MR. FRENCH: Good morning, Commissioners. Jamie French.
It is your LDC 10.02.01C, and this is -- back in 2012 the Board
had directed us to come up with a program for an early construction
authorization that would allow for a bonding mechanism so that in the
event that a Site Development Plan and a building permit were to come
in together after, of course, that first round of comments were issued
by staff on the Site Development Plan, it would allow for an earlier
construction for economic development purposes and allow for that
project to get underway, but it is under 10.02.O1C.
COMMISSIONER HILLER: What is?
MR. FRENCH: The early construction authorization that speaks
to this as far as a simultaneous review that would allow for --
COMMISSIONER HILLER: So are you saying there is
something in the code that allows -- I mean, that just is opposite of
what Mr. Casalanguida said?
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April 14, 2015
MR. FRENCH: No, ma'am. It still requires a first round of
comments, so they would be required to bring forward their Site
Development Plan. That plan would have had to have gone through its
first round of review. At that point, despite whether or not that plan
was approved or denied --
COMMISSIONER HILLER: I see. Then they -- could --
MR. FRENCH: -- they could have made application --
COMMISSIONER HILLER: -- bring the permit at the same
time.
MR. FRENCH: -- for the building permit.
COMMISSIONER HILLER: I understand. I apologize.
MR. FRENCH: That locks in their impact fee rate.
COMMISSIONER HILLER: Yeah. I got it.
MR. OCHS: That's not the case here.
MR. FRENCH: No. We do not have a Site Development Plan,
nor do we have a building permit for this site as of yet. And as Mr.
Casalanguida indicated, we currently have about a half a dozen that
have asked, because they're just not going to have their Site
Development Plan to us in time so that we could do that review, even
if we shortened those review times, so --
CHAIRMAN NANCE: Commissioner Taylor.
COMMISSIONER TAYLOR: How -- and help me with this.
How often do we raise our impact fees? Isn't it every three years or --
MR. CASALANGUIDA: We do a study every three years, a full
study. We do an indexing every year, and so that's why --
COMMISSIONER TAYLOR: It could change every year, the
impact fees?
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER TAYLOR: Okay. All right.
CHAIRMAN NANCE: All right, ma'am. Thank you very much.
MR. MILLER: Your next public speaker is Jennifer Hecker.
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April 14, 2015
She's been ceded time from Caitlin Weber.
(No response.)
MR. MILLER: To be followed by Donna Knapp.
(No response.)
MR. MILLER: To be followed by Jaime Duran.
(No response.)
MR. MILLER: Pamela Duran?
(No response.)
MR. MILLER: Judy Dempsey?
(No response.)
MR. MILLER: Ruth McGregor?
(No response.)
MR. MILLER: Linda Jacobson?
(No response.)
MR. MILLER: Janet Weisberg.
(No response.)
MR. MILLER: Dr. John Dwyer?
(No response.)
MR. MILLER: Dr. Karen Dwyer?
(No response.)
MR. MILLER: And Patty Whitehead.
(No response.)
MR. MILLER: And that is the extent of the public comment.
And I just received Marlene George --
MS. GARGAN: Gargan.
MR. MILLER: Gargan.
MS. GARGAN: This is totally off the cuff. Marlene Gargan. I
live in Old Lely down on the East Trail.
But the group that was just read off was told this was not going to
be discussed until 1 o'clock. I was here when they left after it was
announced. So I didn't hear the announcement so I don't know what's
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April 14, 2015
going on, but they are all prepared to speak, but they are coming back
at one o'clock.
CHAIRMAN NANCE: At the beginning of the agenda, it was
announced it would be the last agenda item. If we continued after --
you know, after lunch it would be at 1 o'clock, but it was announced it
would be the last agenda item of the day if we finished before 1
o'clock.
MS. GARGAN: This is the second time that I've had this happen.
When I came to a meeting that was -- people were supposed to be
speaking at 1 o'clock. I came at 1:15, and the whole thing was --
everybody was gone, and the meeting was closed because things ended
up going faster than expected.
So I don't know how people are supposed to know that they have
their right -- when they have their right to speak, and they're supposed
to -- they're told or expected to be at a different time, and then you call
them and they're not here. They're on their way, but --
CHAIRMAN NANCE: Well, ma'am, the agenda is finalized
each -- at the beginning of each meeting. When it's anticipated that it
may terminate early, it is so noticed. And it was a time-certain. The
note is on the agenda, public comment will occur at the conclusion of
the agenda if prior to 1 p.m.
So, ma'am, if people don't pay attention, I'm sorry to be that way.
But, you know, they have to understand what the agenda is.
MS. GARGAN: I'm not sure I believe that all 15 people or
whatever there were all misunderstood in the same manner that there
was not going to be -- they were not going to be speaking at 1 o'clock.
CHAIRMAN NANCE: Well, that's the conclusion I have to
come to, ma'am. I'm sorry.
MR. OCHS: Mr. Chairman, the notation on your standard agenda
for this item says, "It is to be heard no sooner than 1 p.m. unless
otherwise noted," and that's exactly what this Board did at the
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beginning of the meeting on the change sheet.
CHAIRMAN NANCE: Yes, sir. In anticipation of a short
schedule.
MR. OCHS: Yes, sir.
CHAIRMAN NANCE: Okay. So let's proceed to the final items,
Mr. Ochs.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Yes, sir. That would take us to Item 15, staff and
commission general communications.
CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: Two things. It's been working its
way and then being sent back from the Planning Commission, the issue
of cell phone towers and the building of cell phone towers in our
community. And it's my understanding -- and I'm not very clear on it,
and I would like staff to maybe do some research -- that in some
communities -- and it might even be in the City of Naples, but I'm
reaching back here, because this is something that I've been -- I put
way back there and I've forgotten.
They require that cell phone towers be placed near other large
protruding edifices, like church towers and things like that. And I just
-- I wondered as we go forward if there was any protection or any kind
of structure we could put around the application for a cell phone tower,
because, if not, we're going to maybe sprouting cell phone towers in
places and congregate them in places that perhaps we don't want them
to be.
COMMISSIONER HENNING: I want one next to my house,
okay.
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April 14, 2015
COMMISSIONER TAYLOR: Yeah.
CHAIRMAN NANCE: Keeps you from getting struck by
lightning.
COMMISSIONER HENNING: So I don't have to walk outside
to talk to anybody. Right next to my house, I want one.
COMMISSIONER TAYLOR: Well -- and again, this is
something maybe staff could look into.
And then the second thing, when we were at the MPO meeting on
Friday with our chairman, who is very -- got a huge -- a wonderful
background in horticulture, may I say, mentioned that we needed, as
we left the commission chambers on Marco Island, to look at a median
that -- or a planting outside that was planted two years ago, was never
fertilized -- three years ago, no fertilization, no watering, shell base. It
looks gorgeous. It looks wonderful. It's lush, it's wonderful, and it's
native planting.
So in talking to Mr. Casalanguida, I am going to follow his lead
and his concept, because I said, why can't we be doing this as we move
into a lot of these landscaping? And he suggested that maybe we do a
competition with landscape architects on -- and, Mr. Casalanguida,
why don't you talk about the road. Not the -- this is -- you know, and
I'm putting you on the spot, but you know a lot more about your roads
than I do.
MR. CASALANGUIDA: I begged the commissioner not to put
me on the spot. I said, there's different things you can do. One of
them might be to challenge some of your local landscape architects to
pick a location, come forward with some designs that would maximize
the lush landscaping that we expect with a Florida friendly
low-maintenance version and see what we could come up with that
might be more pleasing to the Board as well in terms of impact but
also in terms of what they see in dollars associated with it.
So that was the discussion we had. And I said, Commissioner, it's
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April 14, 2015
just a thought. I said, you know -- she said, I'm going to put you on the
spot. I said, fair enough. We had the discussion, and discussed it with
a couple other commissioners, and it's your will. I know it's a lot of
emails going around about landscaping.
COMMISSIONER TAYLOR: Well, there it, and there's an
interest and we're growing now. So it seems to me that when you have
the bill at the end of the year and you find out, in particular, at the
Marco police department, there's been no expense whatsoever because
there's been no watering, fertilizing, or cutting back. And I know that
you had some concerns about that, but still, it's beautiful.
You didn't take a photograph, did you?
CHAIRMAN NANCE: Oh, we have continuous photographs for
the last three years, ma'am. We do, we do.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN NANCE: And it's being -- part of it is actually
being renovated for the first time in three years now by volunteers that
are going to go down there, and they're going to touch it; really, they're
going to do some significant trimming on one of the plant species there
for the first time in three years, which I think is pretty remarkable.
But, you know, I certainly welcome this discussion. There are a
lot of elements of it. I would be more than happy to see us have a
detailed discussion about it, and I know a lot of people that would
welcome the opportunity to come and talk about different ideas that
they have.
There are many things that we can do to -- not only to save
money, but just to save a lot of work. You know, once again, the
University of Florida started some of this work back in the '70s with
Florida friendly landscapes. Back then they called it Xeriscaping.
And Xeriscaping wasn't a very soft, fuzzy word, so they changed it to
Florida friendly landscaping.
But, you know, a lot of this technology's been out there for many,
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April 14, 2015
many years and has been overlooked because people don't realize, you
know, what can be done. So I certainly support any work by anyone
and welcome Commissioner Taylor to -- and I know Commissioner
Fiala's -- landscaping is near and dear to her heart and always has been,
and she's been very vocal about it, and I appreciate that.
You know, my original training was in horticulture, which is
primarily ornamental, so I'm in favor of all these discussions.
COMMISSIONER TAYLOR: So maybe -- I don't know, do we
need to make a motion, or do we need to bring this back as an agenda
item so that we can discuss it further, and -- how do we handle this?
CHAIRMAN NANCE: Throw it on a workshop in the early fall,
and we can gather our resources, gather the Big Cypress Basin, who
was one of the -- you know, the sponsors of that item, and talk about
what we can do. But we need to think carefully about what we do,
because we want to make sure that we give it a fair trial.
Whatever the staff would like.
COMMISSIONER HILLER: Workshop. I think a workshop is
the appropriate --
CHAIRMAN NANCE: Sometime in the fall.
MR. OCHS: You have the schedule in front of you,
Commissioners. So I'll look for a November or December workshop
date for this topic.
COMMISSIONER TAYLOR: Yeah, okay. Thank you.
CHAIRMAN NANCE: Commissioner Fiala?
COMMISSIONER FIALA: Thank you. With me today is Paula,
who is with the Safe and Healthy Children's Coalition, and they've
begun an ambitious program to teach all children how to swim. And
they even -- they were the ones that instigated the free life jackets at all
the places where there are no lifeguards that are public swimming
facilities.
And now what they'd like to do is ask the county -- and I've talked
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April 14, 2015
to a couple of our county people already -- if they can -- if anybody
will enroll their little children into the swimming program, they get a
20 percent discount at those pools.
And -- well, you were saying something about by presenting this,
but our guys don't feel they even have to present anything. They
would just like to give them a discount because they want all children
to be safe and so -- but here is the little program that they're handing
out.
And, Paula, would you like to tell us just a little bit more, and I
was just wanting to see, then, if commissioners would consider the
idea. We can't vote on it today -- but consider the idea of giving
children who would enter into a swim program a 20 percent discount
off the program admission.
MS. DiGRIGOLI: Good morning. Thank you, Commissioner
Fiala. My name is Paula DiGrigoli. I'm a board member of the NCH
Safe and Healthy Children's Coalition.
The booklet that Commissioner Fiala has in hand, the Collier
County pediatricians are handing these out during the well visits. And
the idea was when the parents receive these, to bring it to an aquatic
facility and to get a discount only for the first set of the swimming
program. The City of Naples and the YMCA already has agreed to do
this.
The booklets have the list of all parks and recreation aquatic
facilities, Immokalee, the Golden Gate, and Sun 'n Fun Lagoon, and
also the two YMCAs and the City of Naples. It's just to encourage the
families to come in, you know, and register the children to do the
swimming program that is already available at the parks and
recreation.
COMMISSIONER FIALA: Thank you so much.
CHAIRMAN NANCE: I would ask parks and recreation staff to
look into it and come back to the Board with a recommendation on
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April 14, 2015
what the fiscal impact would be and what the opportunities are.
Mr. Carnell, is that okay? Does that meet with the approval of the
Board?
COMMISSIONER HENNING: Reduce fees. If you have
waivers, it has to come to the Board.
CHAIRMAN NANCE: So come back -- so please come back
and take a look at it, Mr. Carnell, if you don't mind, sometime in the
foreseeable -- soon as practical.
COMMISSIONER FIALA: If we could get it before the summer,
before the kids are out of school so that then they can take these
lessons, that would be just great. We're hoping to stamp out drowning
altogether.
Thank you.
CHAIRMAN NANCE: I'm going to defer to Commissioner
Hiller next and then Commissioner Henning because I'm going to go
last because I'm just going to pontificate for a moment.
COMMISSIONER HILLER: Oh, no.
So, County Attorney, can you please tell me why the lawsuit filed
against the county manager and the county's purchasing agent by the
Clerk of Courts is not on the agenda today for discussion? When were
you planning on informing us that this had happened?
MR. KLATZKOW: When we get served.
COMMISSIONER HILLER: We haven't been served yet?
MR. KLATZKOW: No. In fact, the summons, as of yesterday
afternoon, was not issued.
COMMISSIONER HILLER: No summons issued.
MR. KLATZKOW: No summons issued.
COMMISSIONER HILLER: Got it. That's a fair answer.
In anticipation of that, I think it has to be very clear that the clerk
can't use the General Fund allocation that we make to him to fight this
lawsuit against the county manager and the purchasing agent because
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April 14, 2015
they were and are acting on the county's behalf, and it is a county suit,
whether or not he chooses to try to circumvent that by suing them
individually.
And I think that needs to be made very clear. We can't allow the
General Fund taxpayer dollars to be used in that lawsuit.
And the other thing is, in anticipation of that summons being
served against the purchasing agent and the county manager, we need
to afford them the opportunity of having outside counsel and we need
to fund that for them and fund their defense.
MR. KLATZKOW: Ma'am, I've spoken with the county
manager, and we will be coming to the Board with an agenda item if
and when we're served.
COMMISSIONER HILLER: I'm pleased to hear that. And,
again, please address the issue of the clerk being prohibited from using
those General Fund dollars in addition because -- and I want to make
sure that has already taken place and that you've addressed that with
the clerk.
Have you spoken to the clerk about this lawsuit?
MR. KLATZKOW: I have not.
COMMISSIONER HILLER: Did he mention to you that he was
going to bring this lawsuit forward at any point?
MR. KLATZKOW: He did not.
COMMISSIONER HILLER: He didn't? So this was a surprise
to you?
COMMISSIONER HENNING: Yes.
COMMISSIONER HILLER: Did he discuss it with any of the
commissioners?
CHAIRMAN NANCE: He mentioned it to me.
COMMISSIONER HILLER: When did he mention it to you?
CHAIRMAN NANCE: Several days -- several days ago.
COMMISSIONER HILLER: After he had already filed a suit?
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April 14, 2015
CHAIRMAN NANCE: I'm unaware of any of the details. I'm
waiting for somebody to advise me what's going on. There was just a
discussion that this action was pending on his part. I was just waiting
for the details to become -- I read more about it in the paper than
information I've received, so I've received no formal communique.
COMMISSIONER HILLER: Commissioner Taylor, did he talk
to you about it or did his staff talk to you about this suit?
COMMISSIONER TAYLOR: There was a discussion with staff
that they -- that this was --just recently.
COMMISSIONER HILLER: No, but did the -- did his staff or
did he tell you anything about it?
COMMISSIONER TAYLOR: No.
COMMISSIONER HILLER: Commissioner Fiala? Nothing?
COMMISSIONER FIALA: No, I had heard about it from two
different sources, but I'm not sure of anything else, when it's going to
be or what it's going to be or -- I don't even really understand why it's
happening, to be honest with you.
I spoke a little bit to Leo about it, and I spoke a little bit to Crystal
about it, but I don't know why it's going on.
COMMISSIONER HILLER: What did Crystal say?
COMMISSIONER FIALA: Crystal just said that there was -- she
just wanted me to know that there was going to be a lawsuit but it's not
going to be against the county commissioners. It would be against
Leo.
COMMISSIONER HILLER: You know, we're the county.
We're not County Commissioners. We are the county. And Leo and
Joanne are acting on behalf of the county.
Did the clerk talk to you?
COMMISSIONER HENNING: You know, I'm so glad you
didn't spread your love around so everybody doesn't get that
contagious love today.
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April 14, 2015
COMMISSIONER HILLER: Hey, listen, I wanted to -- I wanted
to give you a big kiss, but you refused. So did the clerk --
CHAIRMAN NANCE: Commissioner Henning --
COMMISSIONER HILLER: Did the clerk talk to you about
this?
CHAIRMAN NANCE: I'm trying to wrap this meeting up and
cut your exposure, sir. I can offer you a mint. That's all I can do.
COMMISSIONER HILLER: Dr. Nance to the rescue. No, I'm
just curious, because --
COMMISSIONER HENNING: I might get shot when I get
home.
COMMISSIONER FIALA: Did -- gamma globulin, I
recommend.
Did the clerk or any of his staff talk to you about this suit ahead of
COMMISSIONER HENNING: I don't recall, but you're
welcome to review all my correspondence.
COMMISSIONER HILLER: I'm not interested in that.
COMMISSIONER HENNING: It's a public record. We'll do
that. You can --
COMMISSIONER HILLER: I'm just curious, because this came
out of--
COMMISSIONER HENNING: -- go to the County Manager's
Office and ask for the public record.
COMMISSIONER HILLER: Yeah. I'm just curious, because, I
mean, this certainly is a very unusual lawsuit and a very hostile
maneuver on the part of the clerk.
CHAIRMAN NANCE: Anything else, ma'am?
COMMISSIONER HILLER: Let me think. I don't think so. I
think we have some very serious issues facing us down the road. I
think it's -- I see turbulence on a very -- on a large legal magnitude.
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April 14, 2015
CHAIRMAN NANCE: Partly cloudy, chance of rain.
Commissioning Henning.
COMMISSIONER HILLER: Oh, no. I wouldn't say partly
cloudy, chance of rain. I would say a full hailstorm ahead.
CHAIRMAN NANCE: Commissioner Henning?
COMMISSIONER HENNING: Great meeting.
COMMISSIONER HILLER: Thank you.
COMMISSIONER HENNING: You need a motion?
CHAIRMAN NANCE: No. I want to pontificate just for a
moment. Would you put the --
COMMISSIONER TAYLOR: Oh, no.
CHAIRMAN NANCE: Would you put a picture up there,
Commissioner -- Mr. Ochs.
COMMISSIONER HILLER: Can you put the timer on? Excuse
me. Three minutes, please.
CHAIRMAN NANCE: I've got a couple minutes.
I just want to -- I want to illustrate something just because we're
on the eve of a very historic event, and I think it's not going to pass our
way again.
Today is April the 14th. It is the 150th anniversary of the
assassination of Abraham Lincoln 10:30 this evening, and I just
thought it was appropriate to look into the eyes of this man. This is a
very famous photograph. It's considered to be one of the great
photographs of Abraham Lincoln. It was taken February the 5th by
Alexander Gardner. It was really one of his last formal sittings for a
photograph. It was taken for an artist to make a painting because he
was so very busy. It's a glass plate negative. And one of only about
150 photographs, because photography was just coming into place.
This man is 55 years old and looks to be about 75 years old. If
you look at a photograph of him from 1860, he's a completely different
human being. And on February 5th when this picture was taken, it was
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April 14, 2015
six days after he got the 13th Amendment to the Constitution passed
by the House of Representatives, barely getting a four vote majority
over the two-thirds necessary to pass the 13th Amendment abolishing
slavery.
So our 16th president was able to do something that the first prior
15 presidents either would not or could not do, and that was abolish
slavery. Even the ones that wrote "All Men are Created Equal" could
not purge slavery from our nation. And this is the face of a man that
bore the brunt of a civil war that had Americans killing each other in
great number. Over 700,000 estimated casualties in the war. So he
was killed 150 years ago tonight at 10:30.
But moving past this photograph to the next few days after that,
he was able to see the surrender of the Confederate armies to Ulysses
Grant at Appomattox on April the 9th, which would have been last
Thursday. So he had six days to enjoy the end of the civil war and the
end of slavery in the United States.
I think it's just appropriate -- I've handed you a little handout that
talks about this photograph. You can get it online. It's an
extraordinary picture of, perhaps, an extraordinary guy.
So all Americans should think about this guy's accomplishments
and sacrifices today after 150 years. I think it's very much one of the
most American individuals we'll ever have as president and one of the
most American moments. So that's all I have to say.
COMMISSIONER FIALA: Oh, that's great. What a way to --
nice way to end the meeting.
COMMISSIONER HILLER: Thank you.
COMMISSIONER FIALA: Motion to adjourn.
COMMISSIONER HILLER: Second.
COMMISSIONER FIALA: Oh, wait a minute. We haven't
heard from Leo, and we haven't heard from Jeff. I'm sorry.
MR. OCHS: I don't have much. Commissioners, again, just a
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April 14, 2015
reminder of your upcoming workshop schedule. Your next one is on
Fleet Management coming in May. Just parenthetically, we still don't
have the Fleet Management audit that began in May of 2013. We're
looking forward to that at some point.
COMMISSIONER HENNING: That's our anniversary.
MR. OCHS: Thank you.
CHAIRMAN NANCE: Thank you.
Mr. Klatzkow?
MR. KLATZKOW: God bless.
CHAIRMAN NANCE: God bless America.
All right. We have a motion to adjourn.
Any comments?
(No response.)
CHAIRMAN NANCE: We're so adjourned until next time.
COMMISSIONER HILLER: No, wait. Hang on a second. You
know what? I just -- oh, wait a minute. I swear to God I forgot
something. Can we re-adjourn for one minute? It's really important.
Really important.
CHAIRMAN NANCE: Just make your comment, ma'am.
What's the problem?
COMMISSIONER HILLER: I want an update on the fleet audit.
MR. OCHS: I don't have an update, ma'am. We're still waiting
for it. There was an indication in March it was imminent, but it's not
been received yet.
CHAIRMAN NANCE: Not imminent.
COMMISSIONER HILLER: It's not done yet?
MR. OCHS: I'm not doing the audit, ma'am. It's the Clerk's
Office.
COMMISSIONER HILLER: Thank you. I thought we would --
I thought it was supposed to be done. I'm sorry.
CHAIRMAN NANCE: One last mint before we go?
Page 92
April 14, 2015
COMMISSIONER HILLER: Oh, no. I'm, like, on mint
overload.
CHAIRMAN NANCE: Minted out?
COMMISSIONER HILLER: Go ahead. I'm sorry. Go ahead.
MR. OCHS: That's all I have to say on it.
COMMISSIONER HILLER: Thank you.
**** 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
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY
FOR TOLLGATE BUSINESS PARK 4 AR-12126 AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE UTILITIES PERFORMANCE SECURITY
(UPS) AND FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $18,586.89 TO THE PROJECT ENGINEER OR THE
DEVELOPER'S DESIGNATED AGENT — FINAL INSPECTION
WAS CONDUCTED BY ENGINEERING SERVICES STAFF ON
APRIL 15, 2014 AND HAS BEEN FOUND SATISFACTORY
Item #16A2
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR REFLECTION LAKES AT NAPLES UNIT 2,
PHASES 2 AND 3 PL20120002681 AND TO AUTHORIZE THE
COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE
FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF
$4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER'S
Page 93
April 14, 2015
DESIGNATED AGENT — FINAL INSPECTION WAS
CONDUCTED BY ENGINEERING SERVICES STAFF ON
JANUARY 23, 2014 AND HAS BEEN FOUND SATISFACTORY
Item #16A3
FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITY
FOR NEW HORIZON PLAZA PHASE 1 PL20130001875 AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE UTILITIES PERFORMANCE SECURITY
(UPS) AND FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $6,737.69 TO THE PROJECT ENGINEER OR THE
DEVELOPER'S DESIGNATED AGENT — FINAL INSPECTION
WAS CONDUCTED BY ENGINEERING SERVICES STAFF ON
FEBRUARY 5, 2015 AND HAS BEEN FOUND SATISFACTORY
AND LOCATED IN SECTION 33, TOWNSHIP 50 SOUTH,
RANGE 26 EAST
Item #16A4
RESOLUTION 2015-66: FINAL APPROVAL OF THE PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE
FINAL PLAT OF HERITAGE BAY, APPLICATION NUMBER
AR-6653 WITH THE ROADWAY AND DRAINAGE
IMPROVEMENTS BEING PRIVATELY MAINTAINED AND
AUTHORIZING THE RELEASE OF THE MAINTENANCE
SECURITY
Item #16A5
RESOLUTION 2015-67: FINAL ACCEPTANCE OF THE
Page 94
April 14, 2015
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF GASPAR STATION, PHASE 1
(APPLICATION PL20120000409) AND AUTHORIZE THE
ACCEPTANCE OF THE PLAT DEDICATIONS AND RELEASE
OF THE MAINTENANCE SECURITY IN THE AMOUNT OF
$25,895
Item #16A6
THE CLERK OF COURTS TO RELEASE PERFORMANCE
BOND NO. 105870795 IN THE AMOUNT OF $29,440, WHICH
WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT
NUMBER NO. 60.109, FOR WORK ASSOCIATED WITH
CREEKSIDE COMMERCE PARK EAST — THE AS-BUILT LAKE
CROSS SECTIONS HAVE BEEN RECEIVED AND THE LAKES
HAVE BEEN INSPECTED BY GROWTH MANAGEMENT
Item #16A7
THE CLERK OF COURTS TO RELEASE PERFORMANCE
BOND NO. 2178756 IN THE AMOUNT OF $25,000 WHICH WAS
POSTED AS A GUARANTY FOR EXCAVATION PERMIT
NUMBER 60.107, (PL20130001955) FOR WORK ASSOCIATED
WITH DICK'S SPORTING GOODS — THE AS-BUILT LAKE
CROSS SECTIONS HAVE BEEN RECEIVED AND THE LAKES
HAVE BEEN INSPECTED BY ENGINEERING SERVICES
Item #16A8
AN EXTENSION FOR COMPLETION OF SUBDIVISION
IMPROVEMENTS ASSOCIATED WITH ARROWHEAD
Page 95
April 14, 2015
RESERVE AT LAKE TRAFFORD - BLOCK 'C' (AR-10335) — THE
CURRENT DEVELOPER IS ASKING FOR AN AFTER-THE-
FACT EXTENSION OF TWO YEARS TO COMPLETE
IMPROVEMENTS THAT INCLUDE FINAL LIFT OF ASPHALT
AND UNCOMPLETED SIDEWALKS
Item #16A9
AN EXTENSION FOR COMPLETION OF SUBDIVISION
IMPROVEMENTS ASSOCIATED WITH ARROWHEAD
RESERVE AT LAKE TRAFFORD PHASE ONE (AR-3771) AND
ARROWHEAD RESERVE AT LAKE TRAFFORD PHASE TWO
(AR-3974) — THE CURRENT DEVELOPER IS ASKING FOR AN
AFTER-THE-FACT EXTENSION OF TWO YEARS TO
COMPLETE IMPROVEMENTS THAT INCLUDE FINAL LIFT
OF ASPHALT AND UNCOMPLETED SIDEWALKS
Item #16A10
RECORDING THE MINOR FINAL PLAT OF VYNE HOUSE AT
TALIS PARK, APPLICATION NUMBER PL20140002849 — THE
DEVELOPER MUST RECEIVE A CERTIFICATE OF
ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE
OF THE FINAL APPROVAL LETTER AND PLAT
RECORDATION
Item #16A11
RECORDING THE FINAL PLAT OF LAMORADA,
(APPLICATION NUMBER PL20140001720) APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
Page 96
April 14, 2015
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY - W/STIPULATIONS THAT
REQUIRE WITHHOLDING THE CERTIFICATES OF
OCCUPANCY UNTIL THE IMPROVEMENTS HAVE RECEIVED
PRELIMINARY ACCEPTANCE AND TO DELAY RECORDING
OF THE PLAT UNTIL A SUITABLE SECURITY AND THE
CONSTRUCTION AND MAINTENANCE AGREEMENT HAS
BEEN APPROVED AND ACCEPTED BY THE COUNTY
ATTORNEY'S OFFICE
Item #16Al2
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $16,600 FOR PAYMENT OF $3,000, IN
THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF
COUNTY COMMISSIONERS V. PROPERTIES OF S & 0, INC.,
CODE ENFORCEMENT BOARD CASE NO. CESD20120003571,
RELATING TO PROPERTY LOCATED AT 106 3RD STREET S.,
COLLIER COUNTY, FLORIDA - FOR CODE VIOLATIONS
THAT CONSISTED OF POURING A CONCRETE PAD,
INSTALLATION OF A NEW WATER HEATER WITH PVC
PIPING, INSTALLATION OF A HAND SINK, SCREEN
ENCLOSURE WITH A METAL ROOF AND FENCE WITHOUT
COLLIER COUNTY PERMITS THAT WERE BROUGHT INTO
COMPLIANCE ON FEBRUARY 11, 2014
Item #16A13
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $147,252.71 FOR PAYMENT OF
$4,002.71, IN THE CODE ENFORCEMENT ACTION ENTITLED
Page 97
April 14, 2015
BOARD OF COUNTY COMMISSIONERS V. JAMES J. GRANT
AND KIM M. GRANT, CODE ENFORCEMENT SPECIAL
MAGISTRATE NO. CEPM20130005879, RELATING TO
PROPERTY LOCATED AT 5409 TRAMMELL STREET,
COLLIER COUNTY, FLORIDA — FOR CODE VIOLATIONS
THAT INCLUDED UNSECURED PROPERTY WITH MULTIPLE
PROPERTY MAINTENANCE VIOLATIONS WHICH WERE
BROUGHT INTO COMPLIANCE ON FEBRUARY 10, 2015
Item #16A14
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $91,650 FOR PAYMENT OF $450, IN
THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF
COUNTY COMMISSIONERS V. LARRY W. FOX, CODE
ENFORCEMENT BOARD CASE NO. CESD20110007803,
RELATING TO PROPERTY LOCATED AT 681 11TH STREET
S.W., COLLIER COUNTY, FLORIDA — FOR CODE
VIOLATIONS THAT INCLUDED ILLEGAL CONVERSION OF A
STORAGE SHED INTO LIVING SPACE WITH A SMALL
KITCHEN AND BATH THAT WAS OCCUPIED BY A FAMILY;
WHICH WAS BROUGHT INTO COMPLIANCE ON FEBRUARY
23, 2015
Item #16A15
RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $13,926.48 FOR PAYMENT OF $2,500,
IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS V. ELI WALLEN AND
DANNIE DEVOL, CODE ENFORCEMENT BOARD CASE NO.
Page 98
April 14, 2015
CEPM20140005585, RELATING TO PROPERTY LOCATED AT
707 94TH AVENUE N., COLLIER COUNTY, FLORIDA - FOR A
CODE VIOLATION THAT INCLUDED A WOODEN FENCE IN
DISREPAIR THAT WAS IMMEDIATELY ABATED ONCE THE
OWNER BECAME AWARE OF THE SITUATION WHEN HE
PLACE THE PROPERTY ON THE MARKET; THE NEW OWNER
IS ASKING FOR A WAIVER OF THE REMAINING ACCRUED
FINES
Item #16A16
CANCEL ONE (1) ADOPT-A-ROAD PROGRAM AGREEMENT
FOR GOODLETTE FRANK ROAD FROM GOLDEN GATE
PARKWAY TO CREECH ROAD, AND APPROVE ONE (1)
ADOPT-A-ROAD PROGRAM AGREEMENT FOR THE
ROADWAY SEGMENT AIRPORT-PULLING ROAD, FROM J&C
BOULEVARD TO VANDERBILT BEACH ROAD FOR THE
VOLUNTEER GROUP, SENIOR HOUSING SOLUTION - FOR A
TWO-MILE SEGMENT OF ROADWAY FOR LITTER PICK UP
ON A MONTHLY BASIS
Item #16A17
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY
EASEMENT (PARCEL 188RDUE) REQUIRED FOR THE
EXPANSION OF GOLDEN GATE BOULEVARD FROM EAST
OF WILSON BOULEVARD TO 20TH STREET EAST. PROJECT
NO. 60040 (FISCAL IMPACT: $45,100) — FOLIO #37231040006
Item #16A18
Page 99
April 14, 2015
AWARD A CONSTRUCTION CONTRACT TO QUALITY
ENTERPRISES USA, INC., FOR BID NO. 15-6403 -
IMMOKALEE ROAD AT MEDICAL BOULEVARD/SW
HEALTH PARKWAY AND VETERANS PARK DRIVE MEDIAN
IMPROVEMENTS PROJECT NO. 60016 IN THE AMOUNT OF
$214,585.32 AND RESERVE $10,000 ON THE PURCHASE
ORDER FOR FUNDING ALLOWANCES, FOR A TOTAL OF
$224,585.32
Item #16A19
AWARD A CONSTRUCTION CONTRACT TO DOUGLAS N.
HIGGINS, INC. FOR BID NO. 15-6388 - J&C BOULEVARD
PHASE II OUTFALL IMPROVEMENTS (LEE ANN LANE AND
JANES LANE FROM ELSA STREET TO J&C BOULEVARD)
PROJECT NO. 60182-5 FUNDED BY THE PINE RIDGE
INDUSTRIAL PARK MSTU, IN THE AMOUNT OF $398,906.05
AND RESERVE $40,000 ON THE PURCHASE ORDER FOR
FUNDING ALLOWANCES, FOR A TOTAL OF $438,906.05 —
IMPROVEMENTS INCLUDE THE EXISTING SWALES ON
BOTH SIDES AND DITCH IMPROVEMENTS
Item #16A20
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY
EASEMENT (PARCEL 153RDUE) REQUIRED FOR THE
EXPANSION OF GOLDEN GATE BOULEVARD FROM EAST
OF WILSON BOULEVARD TO 20TH STREET EAST. PROJECT
NO. 60040 (FISCAL IMPACT: $11,500) — FOLIO #37285200009
Page 100
April 14, 2015
Item #16A21
AN ADOPT-A-ROAD PROGRAM AGREEMENT FOR THE
VOLUNTEER GROUP BELL MORTGAGE COMPANY FOR THE
ROADWAY SEGMENT OF IMMOKALEE ROAD FROM
NORTHBROOKE DRIVE TO VALEWOOD DRIVE AND
CANCEL THE EXISTING AGREEMENT WITH HUNTINGTON
LAKES FOR THE ROADWAY SEGMENT OF NORTHBROOKE
DRIVE FROM IMMOKALEE ROAD TO MILLCREEK LANE,
WITH TWO (2) RECOGNITION SIGNS AT A TOTAL COST OF
$60 - FOR A TWO-MILE SEGMENT OF ROADWAY FOR
LITTER PICK UP ON A MONTHLY BASIS
Item #16A22
RESOLUTION 2015-68:A RESOLUTION TO HOLD A PUBLIC
HEARING TO CONSIDER VACATING A PORTION OF THE
15TH STREET RIGHT-OF-WAY AS SHOWN ON THE PLAT OF
EASTOVER, PLAT BOOK 1 PAGE 97, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A
PART OF SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29
EAST, IMMOKALEE, COLLIER COUNTY, FLORIDA (VAC-
PL20140001887)
Item #16A23
RESOLUTION 2015-69: A RESOLUTION TO HOLD A PUBLIC
HEARING TO CONSIDER VACATING THE TWO WESTERLY
30-FOOT PARCELS RESERVED FOR RIGHT-OF-WAY AND A
PORTION OF LINDA DRIVE RIGHT-OF-WAY WITHIN LINDA
Page 101
April 14, 2015
PARK AS RECORDED IN PLAT BOOK 4, PAGE 19 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LOCATED IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA. (VAC-PL20140002842)
Item #16A24
A BUREAU OF OCEAN ENERGY MANAGEMENT (BOEM)
LEASE NEGOTIATED AGREEMENT NO. OCS-G 35160 FOR
THE USE OF UP TO 500,000 CUBIC YARDS OF OUTER
CONTINENTAL SHELF SAND SOURCES FROM BORROW
AREA T-1 FOR THE BEACH NOURISHMENT PROJECT
ALONG COLLIER COUNTY, AUTHORIZE THE CHAIRMAN
TO EXECUTE AGREEMENT AND MAKE A FINDING THAT
THIS ITEM PROMOTES TOURISM — FOR THE
RENOURISHMENT OF 7.5 MILES OF COASTLINE BETWEEN
WIGGINS PASS AND GORDON PASS INCLUDING
VANDERBILT BEACH, PELICAN BAY, PARK SHORE AND
NAPLES BEACH
Item #16A25
AUTHORIZE THE CHAIRMAN TO SIGN A COLLIER COUNTY
LANDSCAPE MAINTENANCE AGREEMENT (AGREEMENT)
BETWEEN COLLIER COUNTY AND THE BARRINGTON
COVE NEIGHBORHOOD ASSOCIATION FOR A LANDSCAPE
PLANTING WITHIN THE LIVINGSTON ROAD RIGHT-OF-
WAY — AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16A26
Page 102
April 14, 2015
A BUDGET AMENDMENT OF $82,400 TO MOVE FUNDS IN
STORMWATER CAPITAL FUNDS 325 FROM PROJECT
NUMBER 51144, STORMWATER FEASIBILITY AND
PRELIMINARY DESIGN, TO PROJECT NUMBER 60139,
NAPLES PARK 110TH AVE N AND 107TH AVE N. — FOR THE
REPLACEMENT OF UNDER FUNCTIONING FACILITIES IN
THE COUNTY MAINTAINED RIGHT-OF-WAY
Item #16B1
THE COMMUNITY REDEVELOPMENT AGENCY BOARD
(CRAB) AUTHORIZE CRA OPERATIONS MANAGER TO
PUBLICLY ADVERTISE FOR DISPOSITION THE CRA-OWNED
PROPERTY KNOWN AS REBECCA WEEKS, LOTS 26 AND 27,
AND BRING BACK TO THE CRA ANY OFFERS GENERATED
FROM THIS SOLICITATION
Item #16C1
ADVERTISING A PROPOSED ORDINANCE TO MAINTAIN
COMPATIBILITY WITH THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT'S, MANDATORY YEAR-ROUND
LANDSCAPE IRRIGATION CONSERVATION MEASURES, AS
AMENDED, AND REPEAL ORDINANCE NUMBERS 2002-17
AND 2000-61, AS AMENDED
Item #16C2
A $354,900 WORK ORDER TO YOUNGQUIST BROTHERS,
INC., UNDER BOARD APPROVED CONTRACT #12-5871 FOR
WELL DRILLING, TESTING AND MAINTENANCE
Page 103
April 14, 2015
CONTRACTING SERVICES (QUOTE #5) FOR THE
LIVINGSTON ROAD IRRIGATION QUALITY WATER
AQUIFER STORAGE AND RECOVERY WELL SYSTEM
MONITORING WELL MODIFICATION (PROJECT NUMBER
74030) — AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16C3
AWARD RFQ #14-6213-28, "BAY COLONY SHORES FIRE
MAIN CONVERSION" TO DOUGLAS N. HIGGINS, INC. FOR
THE COST OF $687,720.40 (PROJECT NUMBER 71010) — FOLIO
#66674375105 AND FOLIO #66674375053
Item #16D1
A BUDGET AMENDMENT RECOGNIZING $274,833 IN STATE
AID TO LIBRARIES GRANT REVENUE AND APPROPRIATING
EXPENDITURES ON LIBRARY MATERIALS, SERVICES, AND
EQUIPMENT
Item #16D2
AN AGREEMENT TO FURNISH FOOD SERVICE WITH THE
COLLIER COUNTY DISTRICT SCHOOL BOARD TO SPONSOR
AND OPERATE THE 2015 SUMMER FOOD SERVICE
PROGRAM AT DESIGNATED RECREATION CAMPS WITH
UNITIZED MEALS PROVIDED BY THE SCHOOL BOARD AND
AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS —
SERVING FREE MEALS TO CHILDREN AGED EIGHTEEN
AND UNDER IN QUALIFYING NEIGHBORHOODS
Page 104
April 14, 2015
Item #16D3
AWARD RFP NO. 15-6378 NAPLES DEPOT MUSEUM 1947
BUDD TAVERN TRAIN CAR RESTORATION TO SHADOW
TRANSIT SERVICES — REPLACING BROKEN WINDOWS AND
SEALS, REMOVE MOLDED CARPET AND WOOD IN ORDER
TO CREATE A SAFE ENVIRONMENT FOR VISITORS
Item #16D4
THE CHAIRMAN TO EXECUTE CONTRACT #14-6322 CAT
PROGRAM ENGINEERING/ARCHITECTURAL SERVICES
WITH CH2MHILL, INC., ATKINS NORTH AMERICA, INC.,
AND HOLE MONTES, INC. — FOR COLLIER AREA TRANSIT
GRANT FUNDED PROJECTS
Item #16D5
REJECT THE NON-RESPONSIVE SOLE BID RESPONSE FOR
INVITATION TO BID NO. 15-6421 "AQUATIC AND WATER
FEATURE ON-CALL AND EMERGENCY SERVICES", AND
AUTHORIZE STAFF TO PROCURE ALL FUTURE "ON-CALL"
MAINTENANCE REPAIR SERVICES UTILIZING THE
APPLICABLE QUOTATION AND FORMAL BID PROVISIONS
IN THE BOARD APPROVED PURCHASING ORDINANCE —
MAINTAINING ALL AQUATIC FACILITY EQUIPMENT IN A
SAFE CONDITION FOR THE PUBLICS USE
Item #16D6
AUTHORIZE THE CHAIRMAN TO EXECUTE REVISED
Page 105
April 14, 2015
FEDERAL TRANSIT ADMINISTRATION SECTIONS 5310, 5311,
AND 5339 FY 2015 APPLICATIONS FOR FEDERAL
ASSISTANCE AND TRANSMITTAL TO THE FLORIDA
DEPARTMENT OF TRANSPORTATION — FOR THE
PURCHASE OF PARATRANSIT AND SUPPORT VEHICLES,
IMPROVE BUS STOPS AND MAINTAIN FIXED ROUTE
TRANSPORTATION SERVICES WITHIN THE RURAL AREA
OF THE COUNTY
Item #16E1
RECOGNIZE AND APPROPRIATE REVENUE FOR CURRENT
YEAR REIMBURSEMENTS TO EMS IN THE AMOUNT OF
$47,857 — FOR EXPENDABLE MEDICAL SUPPLIES AND
MEDICATIONS FOR THE INDEPENDENT FIRE DISTRICTS
Item #16E2
EXECUTE THE UNDERGROUND DISTRIBUTION FACILITIES
INSTALLATION AGREEMENT AND THE SUPPLEMENTAL
FORMS NECESSARY TO CONVEY AN EASEMENT TO
FLORIDA POWER AND LIGHT CO., FOR THE INSTALLATION
OF ELECTRICAL SERVICES RELATED TO THE COLLIER
AREA TRANSIT (PROJECT NO. 61011) NOT TO EXCEED $40 —
FOLIO #00399360008
Item #16E3
ACCEPTANCE OF A VOLUNTEER FIRE ASSISTANCE GRANT
AWARD IN THE AMOUNT OF $2,100 TO PURCHASE CLASS
A FOAM FOR THE OCHOPEE FIRE CONTROL DISTRICT
Page 106
April 14, 2015
(COUNTY MATCH $1,050) — FOR THIRTY FIVE GALLON
UNITS OF THE FOAM
Item #16E4
AFTER-THE-FACT APPROVAL OF AN EMS MATCHING
GRANT APPLICATION WHICH WAS SUBMITTED TO THE
FLORIDA DEPARTMENT OF HEALTH FOR THE PURCHASE
OF THIRTY (30) POWER STRETCHERS FOR A TOTAL OF
$417,900 (MATCH $104,475) — ALLEVIATING STRETCHER
RELATED INJURIES TO BOTH PERSONNEL AND PATIENTS
BY REPLACING THE MANUAL STRETCHERS
Item #16E5
A BUDGET AMENDMENT FOR FUNDS TO RELOCATE
AGENCY COMMUNICATION FIBER ON COUNTY BARN
ROAD IN CONJUNCTION WITH DRAINAGE IMPROVEMENTS
IN THE LELY AREA STORMWATER IMPROVEMENT
PROJECT (LASIP)
Item #16E6
ADDITIONS, A DELETION, AND RECLASSIFICATIONS TO
THE 2015 FISCAL YEAR PAY AND CLASSIFICATION PLAN
MADE FROM JANUARY 1, 2015 THROUGH MARCH 31, 2015 —
FOR TITLE MODIFICATION AND ADDITION OF THREE NEW
CLASSIFICATIONS
Item #16E7
Page 107
April 14, 2015
ACCEPT REPORTS AND RATIFY STAFF-APPROVED
CHANGE ORDERS AND CHANGES TO WORK ORDERS —
COVERING THE PERIOD OF FEBRUARY 23, 2015 THROUGH
MARCH 26, 2015
Item #16F1
AN ASSIGNMENT OF TRANSPORTATION IMPACT FEE
CREDITS IN THE AMOUNT OF $4,164,676.22 HELD BY
CENTEX HOMES ARISING OUT OF A DEVELOPER
CONTRIBUTION AGREEMENT - HERITAGE BAY DATED
JULY 27, 2004, RECORDED IN THE OFFICIAL RECORDS OF
COLLIER COUNTY AT BOOK 3627, PAGE 3196, ET SEQ. — AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16F2
RESOLUTION 2015-70: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2014-15 ADOPTED BUDGET
Item #16F3
AMENDMENT #1 TO CONTRACT #11-5766 WITH RESEARCH
DATA SERVICES, INC. TO ADD AN ADDITIONAL FOCUS
GROUP, AUTHORIZE THE CHAIRMAN TO EXECUTE THE
AMENDMENT AND MAKE A FINDING THAT THIS ITEM
PROMOTES TOURISM — TO RESEARCH THE TRAVEL
HABITS OF DOMESTIC AND INTERNATIONAL TRAVELERS
Page 108
April 14, 2015
Item #16F4
TOURIST DEVELOPMENT TAX CATEGORY "B" FUNDING TO
SUPPORT THE US OPEN PICKLEBALL CHAMPIONSHIPS UP
TO $10,000, AUTHORIZE THE CHAIRMAN TO EXECUTE THE
AGREEMENT AND MAKE A FINDING THAT THIS
EXPENDITURE PROMOTES TOURISM — A THREE YEAR
COMMITMENT FOR HOSTING THE CHAMPIONSHIPS
Item #16F5
TOURIST TAX CATEGORY "B" FUNDING TO SUPPORT TWO
UPCOMING 2015 EVENTS UNDER THE SPORTS EVENT
ASSISTANCE PROGRAM AND MAKE A FINDING THAT
THESE EXPENDITURES PROMOTE TOURISM — FOR THE GUS
MACKER 3 ON 3 BASKETBALL TOURNAMENT TO BE HELD
ON JUNE 19 — 21, 2015 AND THE FYSA CUP TO BE HELD
MAY 2 - 3, 2015
Item #16G1
THE CHAIRMAN TO EXECUTE THE ATTACHED
ASSUMPTION AGREEMENT IDENTIFYING THE COLLIER
COUNTY BOARD OF COUNTY COMMISSIONERS AS THE
CO-SPONSOR TO THE COLLIER COUNTY AIRPORT
AUTHORITY FOR THE PURPOSES OF FEDERAL AVIATION
ADMINISTRATION GRANT AGREEMENTS — ENSURING
THAT THE FAA'S REQUEST THAT THE BOARD IDENTIFIES
ITSELF AS A CO-SPONSOR TO THE AIRPORT AUTHORITY
AS IT RELATES TO GRANT ADMINISTRATION AND THE
Page 109
April 14, 2015
ALSO THAT GRANT SPONSORSHIP REQUIREMENT ARE
LEGALLY MET
Item #16H1
RESOLUTION 2015-71 : APPOINT A MEMBER TO THE
GOLDEN GATE ESTATES LAND TRUST COMMITTEE —
APPOINTING ANNETTE KNIOLA WITH TERM EXPIRING ON
OCTOBER 13, 2018
Item #16J1
THE FY2015 SCAAP LETTER DELEGATING AUTHORITY TO
SHERIFF KEVIN RAMBOSK TO BE THE OFFICIAL GRANT
APPLICANT AND CONTACT PERSON, OR HIS DESIGNEE,
AND TO RECEIVE, EXPEND THE PAYMENT AND MAKE ANY
NECESSARY BUDGET AMENDMENTS OF THE FY2015 OF
THE STATE CRIMINAL ALIEN ASSISTANCE PROGRAM
(SCAAP) GRANT FUNDS
Item #16J2
BOARD DECLARATION OF EXPENDITURES SERVING A
VALID PUBLIC PURPOSE AND APPROVAL OF
DISBURSEMENTS FOR THE PERIOD OF MARCH 19
THROUGH MARCH 25, 2015
Item #16J3
BOARD DECLARATION OF EXPENDITURES SERVING A
VALID PUBLIC PURPOSE AND APPROVAL OF
Page 110
April 14, 2015
DISBURSEMENTS FOR THE PERIOD OF MARCH 26
THROUGH APRIL 1, 2015
Item #16J4
BOARD DECLARATION OF EXPENDITURES SERVING A
VALID PUBLIC PURPOSE AND APPROVAL OF
DISBURSEMENTS FOR THE PERIOD OF APRIL 2 THROUGH
APRIL 8, 2015
Item #17A
ORDINANCE 2015-25: AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A COMMUNITY
FACILITY ZONING DISTRICT AND GOLF COURSE ZONING
DISTRICT TO A RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT
KNOWN AS THE HIBISCUS RPUD TO ALLOW
CONSTRUCTION OF UP TO 64 RESIDENTIAL DWELLING
UNITS ON PROPERTY LOCATED ON THE SOUTH SIDE OF
RATTLESNAKE-HAMMOCK ROAD AT THE INTERSECTION
OF HIBISCUS DRIVE IN SECTION 19, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING
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April 14, 2015
OF 7.9± ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
[PETITION PUDZ-PL20140000179] THIS IS A COMPANION
ITEM TO THE SMALL SCALE GMPA FOR HIBISCUS
RESIDENTIAL INFILL SUBDISTRICT, PL20140000193/CPSS-
2014-1)
Item #17B
ORDINANCE 2015-26: HIBISCUS RESIDENTIAL INFILL
SUBDISTRICT SMALL-SCALE AMENDMENT TO THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN,
ORDINANCE 89-05, AS AMENDED, FOR TRANSMITTAL TO
THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY
(ADOPTION HEARING) (PL20140000193/CPSS-2014-1)
[COMPANION TO PETITION PUDZ-PL20140000179]
Item #17C
RESOLUTION 2015-72: A RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 2014-15 ADOPTED BUDGET
Item #17D
THIS ITEM CONTINUED TO THE APRIL 28, 2015 BCC Meeting.
RECOMMENDATION TO APPROVE PETITION VAC-
PL20140000235, TO VACATE THE 2.35-FOOT WIDE
CONSERVATION EASEMENT AS RECORDED IN OFFICIAL
RECORD BOOK 4251 , PAGES 1007 THROUGH 1018, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING
Page 112
April 14, 2015
A PART OF TRACT M-1, STELLA MARIS, AND APPROVE AN
AMENDMENT TO THE SETTLEMENT AGREEMENT AND
GENERAL RELEASE, DATED JUNE 26, 2007, AS RECORDED
IN OFFICIAL RECORD BOOK 4251, PAGES 1019 THROUGH
1024
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 11 :52 a.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
eiZe cap_
TIM NANCE, CHAIRMAN
ATTEST
DWIGHT E. BROOK, CLERK
s`! i
ttes as to .irman
� nature only. --�
ese mmu s apps: ed by the Board on 5/11,( 2 ►(S , as presented
or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC., BY TERRI LEWIS, COURT
REPORTER AND NOTARY PUBLIC.
Page 113