BCC Minutes 02/23/2016 R BCC
REGULAR
MEETING
MINUTES
February 23, 2016
February 23, 2016
TRANSCRIPT OF THE MEETING OF THE BOARD OF
COUNTY COMMISSIONERS
Naples, Florida, February 23, 2016
LET IT BE REMEMBERED, that the Collier County
Commissioners, in and for the County of Collier, and also acting as the
Board of Zoning Appeals and as the governing board(s) of such special
districts as have been created according to law and having conducted
business herein, met on this date at 9:00 a.m. in REGULAR SESSION
in Building "F" of the Government Complex, East Naples, Florida,
with the following members present:
Chairman: Donna Fiala
Tom Henning
Penny Taylor
Georgia Hiller
Tim Nance
ALSO PRESENT:
Leo E. Ochs, Jr., County Manager
Nick Casalanguida, Deputy County Manager
Jeffrey Klatzkow, County Attorney
Crystal Kinzel, Finance Director
Troy Miller, Manager, Television Operations Manager
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
February 23, 2016
9:00 AM
Commissioner Donna Fiala, District 1 — BCC Chair
Commissioner Tim Nance, District 5— BCC Vice-Chair; CRAB Chair
Commissioner Georgia Hiller, District 2 — Community & Economic Develop. Chair
Commissioner Tom Henning, District 3 — PSCC Representative
Commissioner Penny Taylor, District 4— CRAB Vice-Chair; TDC 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.
PUBLIC COMMENT ON GENERAL TOPICS NOT ON THE CURRENT OR
FUTURE AGENDA TO BE HEARD NO SOONER THAN 1:00 P.M., OR AT THE
CONCLUSION OF THE AGENDA; WHICHEVER OCCURS FIRST.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
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February 23, 2016
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.
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.
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 DIVISION 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 DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Irvin Stallworth - Unity Faith Missionary Baptist Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent agenda.)
B. January 26, 2016 - BCC/Regular Meeting Minutes
3. SERVICE AWARDS
A. EMPLOYEE
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February 23, 2016
1) 20 Year Attendees
a) Tony Asaro - Code Enforcement
b) Howard Brogdon - Water Department
c) Marian Colli - County Attorney's Office
d) Nancy Gundlach - Zoning
e) Theresa Potter - Building Review and Permitting
f) Luis Trujillo - Water Department
2) 30 Year Attendees
a) Georgina Mausen - Risk Management
b) Greg Tavernier - Water Department
B. RETIREES
1) 15 Year Attendee
a) Rand Bass-Library
2) 30 Year Attendees
a) Nancy Frye - Traffic Operations
b) Alice Toppe - Risk Management
4. PROCLAMATIONS
A. Proclamation designating the week of February 21-27, 2016 as Engineers
Week in Collier County, in recognition of the contributions made by
engineers to the high quality of life of the residents of Collier County. To be
accepted by the following members of the Calusa Chapter of the Florida
Engineering Society: Ralph Verrastro, engineer with Bridging Solutions;
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February 23, 2016
Brent Addison, engineer with Grady Minor; Wes Kayne, engineer with
Barraco & Associates; Brian Rose, engineer with the SFWMD; Norm
Trebilcock, engineer with Trebilcock Consulting Solutions; Marlene
Messam, engineer with the Collier County Growth Management
Department; and Alison Bickett, engineer with the City of Naples
Engineering Department.
B. Proclamation designating February 2016 as Cancer Prevention Month in
Collier County. To be accepted by Jodi Bisogno, Executive Director of the
Cancer Alliance of Naples.
C. Proclamation designating April 2, 2016 as Spe1LIFE Women's Wellness Day
in Collier County. To be accepted by Maryann Adame and Kathleen
Curatolo.
5. PRESENTATIONS
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
A. This item to be heard at 10:30 a.m. 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 consider an Ordinance amending Ordinance No. 2004-
41, as amended, the Collier County Land Development Code, which
established the comprehensive zoning regulations for the unincorporated
area of Collier County, Florida by amending the appropriate zoning atlas
map or maps by changing the zoning classification of the herein described
real property from an Agricultural (A) zoning district with a Mobile Home
Overlay (A-MHO) to a Commercial Planned Unit Development (CPUD)
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February 23, 2016
zoning district to allow up to 100,000 square feet of commercial uses for a
project to be known as Westclox 29 CPUD on property located at the
southwest quadrant of SR-29 and Westclox Street in Section 29, Township
46 South, Range 29 East, Collier County, Florida consisting of 9.5± acres;
and by providing an effective date (PUDZ-PL20150000660).
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to appoint an alternate member to the County Canvassing
Board for the 2016 Election Cycle.
11. COUNTY MANAGER'S REPORT
A. Recommendation to adopt the FY 2017 Budget Policy. (Mark Isackson,
Corporate Financial Planning and Management Services Division Director)
B. Recommendation to approve the master plan for the development of Big
Corkscrew Island Regional Park. (Barry Williams, Parks and Recreation
Division Director)
C. Recommendation to direct the County Attorney to advertise and bring back
to the Board an ordinance that will implement a six month moratorium on
new applications for development orders for new charter schools in all
commercial, residential and estates zoning districts, and direct staff to
develop and bring forward Growth Management Plan and Land
Development Code amendments regarding the process for charter schools to
be developed within all commercial, residential and estates zoning districts.
Note by County Attorney:Approval of this item will immediately
commence the moratorium period pending future Board action on the
Ordinance. (Mike Bosi, Planning and Zoning Division Director)
12. COUNTY ATTORNEY'S REPORT
A. Recommendation to consider appointing one of its own as its representative
for the upcoming required mediation with the North Collier Fire and Rescue
District in the matter relating to the pending case of North Collier Fire
Control and Rescue District v. Board of County Commissioners of Collier
County, Case No. 15-CA-1871, now pending in the Circuit Court of the
Twentieth Judicial Circuit, in and for Collier County, Florida, authorize the
representative to negotiate on behalf of the Board, and to bring back any
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February 23, 2016
proposed settlement to the Board for the Board's review and consideration.
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 DEPARTMENT
1) Recommendation to award County-wide Invitation to Bid (ITB) #15-
6467R "Purchase and Installation of Mulch" to Amado Lawn Service,
LLC as the primary contractor and Hannula Landscaping, Inc. as the
secondary contractor for Section 2 and Southeast Spreading Company
as the secondary contractor for Section 3.
2) Recommendation to grant final approval of the private roadway and
drainage improvements, for the final plat of Veronawalk Phase 4C,
Application No. AR-12895 with the roadway and drainage
improvements being privately maintained and authorizing the release
of the maintenance security in the amount of$1,647,827.73.
3) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Raffia Preserve - Phase 4,
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February 23, 2016
(Application Number PL20150002153) approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
4) 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 Maple Ridge at Ave Maria,
Phase 4, (Application Number PPL20150001919) approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security.
5) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Arlington of Naples,
(Application Number PL20150002498).
6) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Marengo at Fiddler's Creek,
(Application Number PL20150001451) approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
7) Recommendation to approve a First Amendment Developer
Contribution Agreement with Ave Maria Development, LLLP, and a
First Amendment Interlocal Agreement with The Board of
Supervisors of the Ave Maria Stewardship Community District, to
recognize the rescission of the Ave Maria DRI, to recognize the
Collier County Rural Land Stewardship program as a Statutory Rural
Land Stewardship area pursuant to Florida Statute Section
163.3248(11), to recognize the revision to the Ave Maria SRA to add
600,000 square feet of light industrial/warehousing, to memorialize
the developer's prior commitment to relax the impact fee collection
use restriction, and to provide the ability to transfer or assign all or a
portion of the Road Impact Fee Credits to within Road District 5 or
adjacent Road Impact Fee Districts.
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February 23, 2016
8) Recommendation to approve a Transportation Post Project
Maintenance Agreement between the Florida Department of
Transportation (FDOT) and Collier County for the maintenance of
brick pavers installed on a portion of Davis Boulevard between Santa
Barbara Boulevard and County Barn Road, upon completion of
Financial Project #433173-1-52-01; and a Resolution memorializing
the Board's approval of the Agreement.
9) Recommendation to award Work Order No. 14-6213-55, to Haskins
Inc., for the Lely Area Stormwater Improvement Project (LASIP) -
Cope Lane and Crews Road in the amount of$342,369.80, Project
No. 51101.
10) Recommendation to approve the conveyance of lands on Immokalee
Road and waive the automatic reservation of phosphate, minerals,
metals, and petroleum rights required under Sec. 270.11(1), F.S.
(Fiscal Impact: $0)
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation to approve a Resolution expressing support for the
continuation of the designation of the Community of Immokalee as a
Rural Area of Opportunity (RAO) within the Florida Heartland
Regional Economic Development Initiative, Inc. (FHREDI) South
Central Florida Region.
2) Recommendation for the Collier County Community Redevelopment
Agency to approve and authorize the Chair to execute a Commercial
Building Improvement Grant Agreement between the Community
Redevelopment Agency and 3612 Bayshore Drive, LLC, d/b/a Leo's
Sod, Inc. in the amount of$2,662.50 for property located at 3612
Bayshore Drive and within the Bayshore Gateway Triangle
Community Redevelopment Area.
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve a Resolution and Satisfaction of Lien for
the 1994 Solid Waste Collection and Disposal Services Special
Assessments where the county has received payment in full
satisfaction of the lien. Fiscal impact is $27 to record the
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February 23, 2016
Satisfactions of Lien.
2) Recommendation to approve a Utility Work Agreement with the
Florida Department of Transportation (FDOT) to locate, protect, and
adjust if necessary Collier County Water-Sewer District (CCWSD)
utilities in conjunction with an FDOT project to resurface and replace
signal mast arms along State Route 84 (Davis Boulevard) between
County Barn Road and Santa Barbara Boulevard; and, approve an
FDOT standard form resolution authorizing the Chairman of the
Board of County Commissioners to execute the agreement (Fiscal
Impact $60,000).
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve the expenditure of Tourist Development
Tax funds for the purchase and installation of an American with
Disabilities (ADA) approved beach mat at the kayak launch at Clam
Pass for $7,895 and make a finding that these expenditures promote
tourism.
2) Recommendation to adopt a Resolution repealing all previous
resolutions establishing the Collier County Parks and Recreation
Policy and Procedures for the sale and consumption of alcoholic
beverages in Collier County Parks to specifically include East Naples
Community Park.
3) Recommendation to recognize interest earnings from State Aid to
Library Grants and approve a budget amendment in the amount of
$309.25.
4) Recommendation to approve an after-the-fact Amendment to the
Master Contract and Attestation Statement with Area Agency on
Aging of Southwest Florida, Inc. for Federal-and State-funded
Services for Seniors programs (No Fiscal Impact).
5) Recommendation to approve Services for Seniors, after-the-fact,
Standard Contract and Attestation Statement with Area Agency on
Aging for Southwest Florida, Inc., and to authorize associated budget
amendments for the FY16 Older Americans Act Title III Program in
the amount of$23,102 and local match funding of$2,567.
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February 23,2016
6) Recommendation to approve a revised Memorandum of
Understanding (MOU) with the Southwest Florida Workforce
Development Board, Inc. which will provide funds to allow twenty
children to receive leadership and job training program opportunities
during the school year at two Parks and Recreation Division Facilities
(no net fiscal impact).
7) Recommendation to approve after-the-fact grant application for a 3-
year U.S. Department of Justice, Office on Violence Against Women-
Justice for Families Grant that is part of the Victims Advocacy
Organization Grant Program.
8) Recommendation to approve Amendment #1 to the Agreement with
Naples Community Health Care (NCH) System to provide water
safety instruction to Collier County youth identified with the SWIM
Central Program.
9) Recommendation to authorize the Chairman to execute two Landlord
Payment Agreements, allowing the County to administer the Rapid
Re-Housing and Homelessness Prevention Program through the
Emergency Solutions Grant Program.
10) Recommendation to approve a State Housing Initiative Partnership
Subrecipient Agreement with Community Assisted and Supported
Living for the administration of an Owner-Occupied Rehabilitation
Program for a total contract award of$520,000.
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to recognize accrued interest earned by EMS
County Grant revenue and appropriate funds for a total amount of
$73.53
2) Recommendation to approve and accept the conveyance of a utility
easement and right of entry through the northeast corner of Conner
Park to the Collier County Water-Sewer District on behalf of the
Public Utilities Division.
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February 23, 2016
3) Recommendation to ratify Property, Casualty, Workers'
Compensation and Subrogation claim files settled and/or closed by the
Risk Management Division Director pursuant to Resolution 2004-15
for the first quarter of FY 16.
4) Recommendation to approve the selection committee rankings and
authorize entering into negotiations with AECOM for a contract
related to Request for Proposal Number 16-6564, "Collier County
Space Planning Services."
F. COUNTY MANAGER OPERATIONS
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2015-16 Adopted Budget.
2) This item continued from the February 9, 2016 BCC Meeting.
Recommendation to award ITB #15-6522 - Tourist Fulfillment
Services to Phase V of Florida, LLC. and make a finding that this item
promotes tourism.
3) Recommendation to formally support proposed legislation that
attempts to resolve the ongoing cost-sharing dispute between non-
fiscally constrained counties, such as Collier County, and the
Department of Juvenile Justice (DJJ), and that the Chair send a letter
indicating said support.
G. AIRPORT AUTHORITY
1) Recommendation that the Board of County Commissioners, in its
capacity as the Collier County Airport Authority, approve the attached
Disadvantaged Business Enterprise Program and Goals for the Collier
County Airport Authority for Fiscal Year 2016 through Fiscal Year
2018.
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to appoint one member to the Code Enforcement
Board.
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February 23,2016
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence
J. OTHER CONSTITUTIONAL OFFICERS
1) To record in the minutes of the Board of the County Commissioners,
the check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between January 28, and February 10, 2016 pursuant to
Florida Statute 136.06.
K. COUNTY ATTORNEY
1) Recommendation to revise Resolution No. 2016-31 which created the
Local Rule Review Committee (LRRC) for the purpose of reviewing
manatee speed zones as proposed by the Florida Fish and Wildlife
Commission (FWC), in order to include non-voting municipal
members.
17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20150002542, to vacate a portion of the conservation easement as
recorded in Official Record Book 4438, Page 3125, of the public records of
Collier County, Florida, located in Section 1, Township 50 South, Range 25
East, Collier County, Florida, and to accept a replacement easement.
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February 23, 2016
B. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2015-16 Adopted Budget.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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February 23, 2016
February 23, 2016
CHAIRMAN FIALA: Take your seats, please.
MR. OCHS: Madam Chairman, you have a live mic.
CHAIRMAN FIALA: Thank you, sir.
And this morning we welcome you all to our audience. We hope
you stay for the full program today.
COMMISSIONER TAYLOR: You must be kidding.
CHAIRMAN FIALA: But if you can't --
COMMISSIONER NANCE: The entire performance?
CHAIRMAN FIALA: -- we welcome you.
And with that, would you all please stand. Reverend Irwin
Stallworth from the United Faith Missionary Baptist Church, will say
our prayer.
Item #1A
INVOCATION GIVEN BY REVEREND STALLWORTH —
UNITED FAITH MISSIONARY BAPTIST CHURCH
REVEREND STALLWORTH: Let us pray.
Our God, our Father, we bow in humble submission to you once
again, that we may experience your power and see your glory. You've
already shown yourself faithful that as the rain falls, the sun still rose.
And Father, we thank you. We thank you for this great
government you call Collier County government. We ask you, God, to
bless each and every one of these, your servant leaders, called County
Commissioners. We ask you to bless their staffs and everyone who's
assembled in your government.
Father, you have shown yourself faithful. So bless them with
wisdom as they govern your people well. Bless your people today,
Father, with understanding and civility, but more than that, bless us
with your presence as they govern your people well.
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February 23, 2016
And we will always be careful, God, to give you the praise, the
honor and the glory. In Jesus' name, Amen.
CHAIRMAN FIALA: And Commissioner Nance, would you
lead us in the pledge.
COMMISSIONER NANCE: Please join me.
(Pledge of Allegiance was recited in unison.)
CHAIRMAN FIALA: Thank you.
And our County Manager Leo Ochs will take it from here.
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE
PROVIDED BY COMMIUSSION MEMBERS FOR CONSENT
AGENDA) — APPROVED AND/OR ADOPTED W/CHANGES
(ITEM #16J1 SERVES A VALID PUBLIC PURPOSE AND
AUTHORIZE THE CLERK TO RELEASE PAYMENT)
MR. OCHS: Thank you, Madam Chair. Good morning,
Commissioners. These are the proposed agenda changes for the Board
of County Commissioners meeting for February 23rd, 2016.
The first proposed change is to move Item 16.F.2 from your
consent agenda to become Item 11.D. This is a recommended contract
award for Tourism Fulfillment Services, and that was moved at
Commissioner Taylor's request.
We have one time certain item on this morning's agenda, that is
Item 9.A, to be heard at 10:30 a.m. That is a public hearing regarding
a rezoned request for the Westclox 29 CPUD.
And those are all the changes that I have on today's agenda,
Commissioners.
I will make again my standard request with respect to Item 16.11
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February 23, 2016
that the Board make a finding that those expenditures serve a valid
public purpose and authorize the Clerk of the Courts to release
payment.
And those are all the changes I have, Madam Chair.
CHAIRMAN FIALA: Thank you very much.
Commissioners, let's start with Commissioner Taylor today. Do
you have any additions, corrections or anything to declare on the
summary agenda or the consent agenda?
COMMISSIONER TAYLOR: No additions, no corrections and
no disclosures.
CHAIRMAN FIALA: Commissioner Nance?
COMMISSIONER NANCE: Yes, I have no -- different agenda
changes. I have no consent for today's regular -- I mean no ex parte for
today's regular or consent agenda and summary agenda. I guess we'll
do the public hearings when we get there.
CHAIRMAN FIALA: Thank you very much.
And I have no changes or corrections. I do have -- on 16.A.4 I
wanted to give ex parte. We've had -- I've had just emails on that one.
On 16.A.5, which is the Arlington of Naples, and I go back quite
a way on this. I never talked to anybody at all about the item itself,
you know, but I've worked with them before, so I'll just declare it so
everybody knows.
I've spoken with Vicki Tracy, met with Roger Paulsberg and
Pastor David Abramson, Marie Carlson; groundbreaking event I went
to; Chief Schultz and Chief Hansen; and I toured the facilities.
And I have nothing else to declare or the consent nor nothing on
the summary.
COMMISSIONER HILLER: I have no disclosures and no
changes.
COMMISSIONER HENNING: Good morning. It's a pleasure to
have Reverend Stallworth here from Faith United Baptist Church --
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February 23, 2016
Unity Faith Baptist Church, the church that I'm all encouraging you to
go to.
16.A.7, that's the amendment to the agreement on Ave Maria,
does that -- do they still need to do the FIAM report?
MR. CASALANGUIDA: I don't believe they do, sir, but I'll
confirm that with Mr. Bosi.
No, I believe the Board eliminated that FIAM requirement, sir.
COMMISSIONER HENNING: Okay. But it's not a part of this
agreement, it was eliminated in the past?
MR. CASALANGUIDA: Right.
COMMISSIONER HENNING: I have no ex parte
communication or any changes to today's consent or summary.
CHAIRMAN FIALA: With that, may I hear a motion to approve
the agenda?
COMMISSIONER NANCE: So moved.
COMMISSIONER TAYLOR: Second.
CHAIRMAN FIALA: All in favor?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Opposed.
(No response.)
CHAIRMAN FIALA: Thank you.
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Proposed Agenda Changes
Board of County Commissioners Meeting
February 23,2016
Move Item 16F2 to Item 11D: This item continued from the February 9.2016 BCC Meeting.
Recommendation to award ITB 15-6522-Tourist Fulfillment Services to Phase V of Florida,LLC.and
make a finding that this item promotes tourism. (Commissioner Taylor's request)
Time Certain Items
Item 9A to be heard at 10:30 a.m.
3/9/2016 3:08 PM
February 23, 2016
Item #2B
MINUTES FROM THE JANUARY 26, 2016 BCC REGULAR
MEETING — APPROVED AS PRESENTED
CHAIRMAN FIALA: And for the BCC regular meeting
minutes?
COMMISSIONER NANCE: Move approval.
CHAIRMAN FIALA: Thank you.
COMMISSIONER HILLER: Can I just ask one question before
we jump to the minutes?
Leo, was there anything we needed specifically to do with respect
to the declaration that the expenditures to be paid serve a valid public
purpose and -- or is it -- have you incorporated that?
MR. OCHS: Yes, ma'am, I read that as part of--
COMMISSIONER HILLER: Okay.
MR. OCHS: -- change sheet.
COMMISSIONER HILLER: I just wanted to make sure. Is
there some way you can make that permanent so you don't have to
make it part of the change sheet? Could it be, for example, under the
County Manager or under the Board?
MR. OCHS: Well, ma'am, the Commissioners had directed me at
the last meeting to come back at a future agenda to revisit this concept
of a payables report, so we were planning to do that at your next
meeting --
COMMISSIONER HILLER: Okay, that's --
MR. OCHS: -- depending on the Board's direction, at that point
we'll have some clarification.
COMMISSIONER HILLER: Okay. And then you'll come up
with a permanent manner of handling that issue.
MR. OCHS: Yes, the Clerk or myself or whoever you direct.
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February 23, 2016
COMMISSIONER HILLER: Okay, that's fine. I just wanted to
clarify. Sorry. Go ahead.
CHAIRMAN FIALA: So do you second the motion for --
COMMISSIONER HILLER: Yeah, yeah, I do. I second it.
Sorry.
CHAIRMAN FIALA: All in favor?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Thank you very much.
Item #3A1
SERVICE AWARDS — 20 YEAR ATTENDEES
CHAIRMAN FIALA: We move on to service awards. I just
have to say, I see Alice Toppe sitting back there and she looks
beautiful. It's so good to see you, Alice.
Sorry about that. Personal thing.
MR. OCHS: Thank you, Commissioners. If you'd be kind
enough to join us in front of the dais, we have an impressive list of
county service award recipients this morning we'd be honored to
recognize.
Commissioners, our first category of awardees this morning are
celebrating 20 years of service with county government.
Our first recipient is unable to be here today, but we wanted to
recognize Tony Asaro from Code Enforcement for 20 years of service.
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February 23, 2016
(Applause.)
MR. OCHS: Our next 20-year awardee from your water
department is Howard Brogdon. Howard?
(Applause.)
CHAIRMAN FIALA: I was so excited about seeing everybody, I
forgot to bring the awards down. He's helping me take care of
business.
(Applause.)
MR. OCHS: Our next 20-year service awardee from the County
Attorney's Office, Marian Colli.
(Applause.)
MR. OCHS: Our next 20-year awardee from our zoning
department, Nancy Gundlach. Nancy?
(Applause.)
MR. OCHS: Celebrating 20 years of service with our billing
review and permitting operation, Theresa Potter. Theresa?
(Applause.)
MR. OCHS: And our final 20-year award recipient, Luis Trujillo.
Luis?
(Applause.)
Item #3A2
SERVICE AWARDS — 30 YEAR ATTENDEES
MR. OCHS: Commissioners, we have two employees
celebrating 30 years of dedicated service to county government this
morning. The first from your Risk Management Department,
Georgina Mausen. Georgina?
(Applause.)
MR. OCHS: Also celebrating 30 years of service to county
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February 23, 2016
government this morning from our water department, Greg Tavernier.
Greg?
(Applause.)
Item #3A3
SERVICE AWARDS — 40 YEAR ATTENDEE
MR. OCHS: Commissioners, this next recipient has a very
distinct distinction of serving 40 years with county government. We'll
have to do a sanity check with him when he comes up.
But we are very pleased to recognize Mr. Tim Billings from our
Operations and Regulatory Management Department.
(Applause.)
Item #3B1
SERVICE AWARDS — RETIREES — 15 YEAR ATTENDEE
MR. OCHS: Commissioners, we're also honored to welcome
back two of our recent retirees for recognition this morning. The first
from our Traffic Operations Department is Nancy Frye. Nancy?
(Applause.)
MR. OCHS: Commissioners, we also have a 15-year attendee
celebrating 15 years of service, recently retired from our library
system, Rand Bass. Rand, are you here?
(Applause.)
CHAIRMAN FIALA: He sends books out to people who can't
come to the library and helps those out who are disabled. It's been so
much fun working with him.
(Applause.)
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February 23, 2016
Item #3B2
SERVICE AWARDS — RETUREES — 30 YEAR ATTENDEES
MR. OCHS: And our final recognition this morning,
Commissioners, goes out to a recent retiree who had completed 30
years of service with county government from your Risk Management
Department, Alice Toppe. Alice?
(Applause.)
MR. OCHS: Commissioners, that concludes our service awards
this morning. Thank you.
(Applause.)
CHAIRMAN FIALA: Leo, it's okay that I'm having all this fun,
right?
MR. OCHS: Oh, yes, ma'am. Fun is permitted. In moderation,
of course.
Item #4
PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS
Item #4A
PROCLAMATION DESIGNATING THE WEEK OF FEBRUARY
21-27, 2016 AS ENGINEERS WEEK IN COLLIER COUNTY, IN
RECOGNITION OF THE CONTRIBUTIONS MADE BY
ENGINEERS TO THE HIGH QUALITY OF LIFE OF THE
RESIDENTS OF COLLIER COUNTY. ACCEPTED BY THE
FOLLOWING MEMBERS OF THE CALUSA CHAPTER OF THE
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February 23, 2016
FLORIDA ENGINEERING SOCIETY: RALPH VERRASTRO,
ENGINEER WITH BRIDGING SOLUTIONS; BRENT ADDISON,
ENGINEER WITH GRADY MINOR; WES KAYNE, ENGINEER
WITH BARRACO & ASSOCIATES; BRIAN ROSE, ENGINEER
WITH THE SFWMD; NORM TREBILCOCK, ENGINEER WITH
TREBILCOCK CONSULTING SOLUTIONS; MARLENE
MESSAM, ENGINEER WITH THE COLLIER COUNTY
GROWTH MANAGEMENT DEPARTMENT; AND ALISON
BICKETT, ENGINEER WITH THE CITY OF NAPLES
ENGINEERING DEPARTMENT — ADOPTED
MR. OCHS: Madam Chairman, that takes us to Item 4,
Proclamations, this morning. Item 4.A is a proclamation designating
the week of February 21st through the 27th, 2016 as Engineers Week
in Collier County, in recognition of the contributions made by
engineers to the high quality of life of the residents of Collier County.
To be accepted this morning by the following members of the
Calusa Chapter of the Florida Engineering Society: Ralph Verrastro,
Engineer with Bridging Solutions; Brent Addison, Engineer with
Grady Minor; Wes Kayne, Engineer with Barraco & Associates; Brian
Rose, Engineer with South Florida Water Management District; Norm
Trabilcock, Engineer with Trabilcock Consulting Solutions; Marlene
Messam, Engineer with the Collier County Growth Management
Department; and Allison Bickett, Engineer with the City of Naples
Engineering Department.
If those of you who are here would please step forward and
receive your proclamation.
(Applause.)
MR. TRABILCOCK: Thank you very much. My name is Norm
Trabilcock. I'm the past president of the Florida Engineering Society,
Calusa Chapter, which includes Collier County and four other counties
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February 23, 2016
in Southwest Florida.
My firm is a local firm, Trabilcock Consultant Solutions, and
we're focused on transportation, illuminating and lighting engineering.
I'd like to thank you all for this proclamation today. The
stereotypical engineer is quiet and reserved; however, this week is
Engineers Week, so now's the time of the year that we like to put out
some noise to talk about our quiet profession and the contributions to
society.
The Engineering Society is celebrating 100 years this year, it's our
Centennial. And things have really changed over the years. Now the
world's more complicated. Besides civil engineers you have military,
computer, biomedical, nuclear engineers, environmental, there's a
whole mess of different types of engineers that are there for us.
In all aspects of our daily lives are impacted by the work of
engineers. From the alarm that woke us this morning to the water we
drank to the generator that came on when the electric came out this
morning as well, the roads we drive, the buildings we work in, and
even the seats that we sit in.
There's one thing that all engineers have in common and we use
math and science to solve real world problems.
The core value of all engineers is we shall hold paramount the
health, safety and welfare of the public. So no matter who we're
working for, our ultimate client is the public and that keeps us I think
on the right side of things.
So thanks again, and we really appreciate the award and
appreciate the proclamation. Thank you.
(Applause.)
Item #4B
PROCLAMATION DESIGNATING FEBRUARY 2016 AS
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February 23, 2016
CANCER PREVENTION MONTH IN COLLIER COUNTY.
ACCEPTED BY JODI BISOGNO, EXECUTIVE DIRECTOR OF
THE CANCER ALLIANCE OF NAPLES — ADOPTED
MR. OCHS: Item 4.B is a proclamation designating February,
2016 as Cancer Prevention Month in Collier County. To be accepted
by Jodi Bisogno, Executive Director of the Cancer Alliance of Naples.
Jodi, if you're here, please step forward and receive your
proclamation.
(Applause.)
MS. BISOGNO: I'll just speak very briefly, just so that everyone
knows who Cancer Alliance of Naples is.
This is actually the second time we've been recognized. Last time
was the first time with YogaCAN. So I would like to thank all of you
for taking the initiative in making sure that people in Collier County
recognize what we do.
For those of you who don't know, for 13 years Cancer Alliance of
Naples, once a child or adult is diagnosed with cancer, we can kind of
step in and pay their nonmedical bills. So for the time that they're in
treatment we pay rent, mortgage, utilities, car payments and really
provide like a safety net for those families during that time to relieve
the stress. So any recognition to sort of get up here and let people
know about us, if you haven't heard of us, is very appreciative. So
thank you very much.
CHAIRMAN FIALA: Commissioner Hiller? Excuse me, just a
second. Commissioner Hiller would like to just say a little something.
COMMISSIONER HILLER: CAN is very important, because all
the money raised stays in the local community. It's not going to
research, it's not going to administrative overhead in New York or
Atlanta, it's all local. And so, you know, to the extent that I can
encourage anyone to donate to an organization that is really helping
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February 23, 2016
our cancer victims directly, this organization is it.
And by the way, your event -- as you know, I've been going to
YogaCAN since the very first one at Green Monkey several years
back, and it has been an event that's growing and growing and growing
and is absolutely fantastic.
And I would like you to just take one minute and could you just
share with our viewing audience what YogaCAN is, when it's going to
happen and that they should really participate, because it's really fun.
MS. BISOGNO: YogaCAN was started three years ago by a
local couple, Dr. Joel Waltzer and his wife who's battling cancer. And
as Yogis I guess they kind of went to their yoga studio and said, hey,
we want to do a fundraiser. And apparently they packed the building,
they packed the parking lot and really started to realize that they were
kind of the lucky ones, that they had the finances, the support, the
community, the means to sort of work through a cancer diagnosis.
And they decided their way to give back, they read a little article in the
Naples Daily News about a beneficiary that we helped and in that
moment kind of decided that this was sort of something that they
wanted to do.
Three years later, this will be our third one, it's April 3rd and it's
at the Naples Beach Club and it has grown to -- last year we had about
250 people. So from the little parking lot to 250. And the goal is that
we continue to grow. And again, 100 percent of those funds,
everything is underwritten by everyone who participates, and 100
percent of those funds go back into the local cancer community.
COMMISSIONER HILLER: And it's a very unique benefit for
Collier County where, you know, people are usually wearing, you
know, Escada and Prada and Givenchy, and instead what you do for
this particular benefit is you wear Lululemon. And it's amazing. It's
really a lot of fun.
MS. BISOGNO: You can go to our website or call us and we'd
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February 23, 2016
be happy to get you the information. Thank you, Commissioner Hiller.
COMMISSIONER HILLER: Thank you for all you're doing.
MS. BISOGNO: Thank you, everyone.
(Applause.)
Item #4C
PROCLAMATION DESIGNATING APRIL 2, 2016 AS SPELLIFE
WOMEN'S WELLNESS DAY IN COLLIER COUNTY.
ACCEPTED BY MARYANN ADAME AND KATHLEEN
CURATOLO — ADOPTED
MR. OCHS: Item 4.0 is a proclamation designating April 2nd,
2016 as Spe1LIFE Women's Wellness Day in Collier County. To be
accepted by Mary Ann Adame and Kathleen Curatolo. If you'd please
step forward and receive your proclamation.
(Applause.)
MS. CURATOLO: I'd like to thank the Commission, particularly
Chair Donna Fiala.
I am here representing my sisters, Jill Ciccarelli Rapps, Kay M.
Ciccarelli Anderson, Deborah Ciccarelli Clementi.
We have come together in celebration of women's health in our
community. And I'll let Maryann just give a brief announcement about
the upcoming event.
MS. ADAME: Thank you, Commissioners. We appreciate the
proclamation.
I am not a Ciccarelli, but I do work on the board. And we started
this three years ago and it's for women's health. This year we're
honored to have Jill Bolte Taylor as our guest speaker. She's been
famous on Ted Talks, if you listen to any of these. She's a gal that
suffered a stroke at 35 and she's totally recovered and now she's a
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February 23, 2016
motivational speaker.
Our subject is the brain. We have four local speakers for
breakout sessions to come. The event is April 2nd. It's at St. John The
Evangelist Church. Tickets are available, and we'd like to welcome all
of you that are interested, men and women, to attend. Thank you.
(Applause.)
CHAIRMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: Thank you very much. Women's
health is a very important issue.
It's my understanding that of all the communities in the United
States, we have the reputation of having women live the longest of
anywhere in the country. Which is awesome, especially from the
perspective of a female dominated board. So thank you again for
everything you're doing to support women's health. Go girls.
COMMISSIONER HENNING: Move to approve today's
proclamations.
COMMISSIONER NANCE: Second.
COMMISSIONER HENNING: I want to say that the
proclamations are to recognize these events, these historical events and
new events and not its sponsors.
CHAIRMAN FIALA: Oh, okay.
COMMISSIONER HILLER: I think it's for both.
CHAIRMAN FIALA: I thought we would give tribute to the
people who have --
COMMISSIONER HILLER: Absolutely.
CHAIRMAN FIALA: -- actually put the work in.
COMMISSIONER HILLER: Absolutely.
CHAIRMAN FIALA: I don't think we need to differentiate
between them.
COMMISSIONER HILLER: I agree, Commissioner.
CHAIRMAN FIALA: It's good that they're here and helping the
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February 23, 2016
community. Thank you.
Thank you very much. Moving on to --
MR. OCHS: Take a vote, ma'am?
CHAIRMAN FIALA: Oh, all in favor?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: Very good. Thank you.
Item #10A
APPOINTING AN ALTERNATE MEMBER TO THE COUNTY
CANVASSING BOARD FOR THE 2016 ELECTION CYCLE -
MOTION TO APPOINT COMMISSIONER NANCE AS THE
ALTERNATE MEMBER — APPROVED
MR. OCHS: Madam Chair, that moves us to Item 10.A on
today's agenda, Board of County Commissioners.
10.A is a recommendation to appoint an alternate member to the
County Canvassing Board for the 2016 election cycle.
COMMISSIONER HILLER: I'd like to nominate Commissioner
Nance, if that's possible.
COMMISSIONER NANCE: What are the dates that are
required?
COMMISSIONER TAYLOR: Tomorrow morning it starts. Lee
can bring that out, maybe, if she's listening. We've got the dates. But
tomorrow it starts. Two hours tomorrow. And then it continues.
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February 23, 2016
COMMISSIONER NANCE: I'll give it a shot. If I have a
conflict, I'd like somebody to volunteer to spell me if it's some peculiar
conflict. But I will volunteer to do it.
CHAIRMAN FIALA: Depends on whether I have an opponent
as to whether I can help, but I love serving --
COMMISSIONER NANCE: I'm not running against you,
ma'am, I've already told you that.
COMMISSIONER FIALA: But you can't -- if you're in a race,
you can't --
COMMISSIONER NANCE: If you're a candidate, you can't
serve.
CHAIRMAN FIALA: Right.
So I second your motion.
All in favor, signify by saying aye. Quick before he says no.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Okay, thank you.
COMMISSIONER TAYLOR: So Commissioner --
COMMISSIONER NANCE: Who's going to advise me of the
dates critical?
COMMISSIONER TAYLOR: We'll get it. Lee? Come on, Lee.
MR. OCHS: I'll take care of it, sir.
COMMISSIONER NANCE: Thank you.
CHAIRMAN FIALA: Moving on.
Item #1 1 A
RESOLUTION 2016-43: RECOMMENDATION TO ADOPT THE
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February 23, 2016
FY 2017 BUDGET POLICY — ADOPTED
MR. OCHS: Yes, ma'am, that takes us to Item 11 on today's
agenda, County Manager's Report. First item, 11.A, is a
recommendation to adopt the fiscal year 2017 budget policy.
Mr. Isackson, your Corporate Financial Planning and
Management Services Division Director, will present.
MR. ISACKSON: Thank you, Mr. Ochs. Apparently they wiped
out my PowerPoint. We're going to have to try and get it fixed up
again.
Commissioners, this is the beginning of the 2017 -- the official
start of the 2017 budget year. Although I will tell you that my staff
over the last two or three months has been in the bunker grinding the
2017 numbers.
Commissioners, we can do this one of two ways: I have a
PowerPoint that differentiates the high level policy items that I'd like
the Board to take a look at, and it might be easier just to go through
those and let me offer some commentary around that. And if it's the
Board's pleasure we can take each one of those individually and render
the Board's particular guidance on those.
Troy, let me -- I was up here this morning and apparently
someone didn't like it.
MR. MILLER: We had a power hit.
MR. ISACKSON: All right.
As we said, Commissioners, the official start of the process is
today with your review of the policy document. And I will tell you
that there are three areas of consideration. The first are what we term
annual policies to be adopted by the Board; then there's continuing
policies that the Board traditionally endorses; and then there's the
three-year projection of the general fund and unincorporated area
general fund.
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February 23, 2016
You'll see that -- the donation of the various packet pages, though
you can follow along in your packet.
First and probably the most important is our respective millage
rate policy. Those are found on packet Pages 110 through 117. I will
tell the Board that -- and I don't know whether we can put this up on
the visualizer.
MR. OCHS: Sure.
MR. ISACKSON: There are a couple of I think interesting
points.
The -- it shows the Board -- all of these slides that we'll throw up
on the visualizer are in your packet. I just thought that we'd have them
all handy and throw them up on the visualizer probably for easier
viewing.
This shows you a history of our taxable value. And everything
starts with taxable value when it comes to our ad valorem tax rates.
You can see that we're planning a seven percent adjustment in
countywide taxable value for our FY 17 planning scenario, as well as
in the unincorporated area general fund.
The state is projecting that our taxable value in '17 will be 7.5
percent.
And then continuing out over the next three years, state is
projecting seven percent increases in taxable value.
Last year the state had projected seven and a half percent and it
came in at eight and a half percent.
So you can see we're still well below the high water mark of 82
billion in 2008. And you can see there the respective millage rates that
we've had and our proposed -- through 2016. There was a stretch there
of roughly seven years where we've held the millage rate in the general
fund and the unincorporated area general fund at 3.5645 and .7161
respectively.
Now, the guidance that we're proposing this year with regard to
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February 23, 2016
millage rate is a little bit different. General fund we're proposing to
maintain millage neutral at 3.5645, and then piggybacking on the
Board's October, 2015 landscape workshop where there was
endorsement to adjust the millage rate, reset it to .8069 which was the
rate back in 2007 before the state adopted limiting property tax
legislation which required us to drop the millage rate substantially.
That difference between .7161, the current rate, or .8069 is
proposed to be used to restart the landscape median capital program,
which was suspended at the beginning of the economic recession.
That dollar value -- Leo, there's another slide there that -- that
dollar value, if you look at the yellow highlighted area, that dollar
value is roughly $4.2 million. That difference or that marginal .0908
will raise about $4.2 million, which would be used to start the
program.
You can see also that a millage neutral tax rate in the general fund
will raise about $17.2 million in additional revenue above the current
FY 16 tax levy.
MR. OCHS: Mark, the estimated financial impact of that
incremental increase on a monthly or annual basis?
MR. ISACKSON: Yes, sir. In the packet we've projected based
on a taxable value home of$300,000 that that monthly increase will be
about two dollars and 20 some odd cents or roughly 26 bucks a year,
thereabouts.
So Commissioners, that's the recommendation with regard to now
millage rate policy.
Now, crafted around that millage rate policy is an important
component in terms of how we're actually treating that increase, that
seven percent increase.
Last year we had limited the County Manager agencies on the
operational side to a three percent adjustment. This year we're
proposing that that limit be 2.5 percent on the operational side.
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February 23, 2016
An important distinction is that limit is off the net cost to the
general fund and the net cost to the unincorporated area general fund.
In -- regarding expanded positions, and we'll get to that in a little
bit, we're suggesting that a half a percent be applied toward expanded
operations.
Now, in the past the guidance that the Board adopts is carte
blanche for the County Manager agency. It's communicated to the
Constitutional officers, they submit a budget either in compliance with
that or based on their own set of scenarios that they propose, and they
talk about that with the Board in the June workshop.
And that has been traditionally what we've done after the
workshop and how we've communicated that to the Constitutional
officers, and specifically those that are non-fee based, which would be
the Clerk, the Supervisor of Elections and the Sheriffs Department.
Commissioners, I will leave it up to you guys, but I'll stop there.
And if there's any discussion on this particular component before I
move on, Madam Chairman, that's my suggestion, unless the Board
wants to proceed in a different fashion.
CHAIRMAN FIALA: I have Commissioner Hiller first and then
after that --
COMMISSIONER HILLER: That was from the previous.
CHAIRMAN FIALA: Oh, okay.
Commissioner Henning?
COMMISSIONER HENNING: 2.5 operational for the County
Manager, does that include payment of debt service, capital
maintenance, capital improvement?
MR. ISACKSON: No, sir, that's just their operational
component.
COMMISSIONER HENNING: Does it include the three
percent?
MR. ISACKSON: It will include that. But I will tell you that --
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February 23, 2016
and you might wonder, well, does that mean a reduction? Does that
mean they have to cut certain areas in order to get to that guidance?
I don't want to get too technical, but every division is broken out
by cost centers. And when you start looking at the various expense
components within those cost centers there are, in my view and I think
in the County Manager's view, there are areas there where they can I
think meet this guidance and still not affect their respective operations.
But we'll consider that as we go forward and have the managers --
County Manager's meetings and we bring that budget back to you.
And we'll show you the implications of that 2.5 percent.
CHAIRMAN FIALA: Any other questions, Commissioner
Henning?
COMMISSIONER HENNING: I'll wait.
CHAIRMAN FIALA: Fine. We have speakers, four speakers.
Would you like to hear the speakers now or shall we continue on?
MR. OCHS: Traditionally we get you through the whole policy
document. Because we don't know what area the speakers may want
to address and we may not have addressed their issue yet.
CHAIRMAN FIALA: Thank you.
MR. ISACKSON: We can come back, Commissioners, and after
the speakers if you want to then offer your guidance up by motion,
that's fine, I can go back and revisit each of these areas.
CHAIRMAN FIALA: Commissioner Taylor just --
COMMISSIONER TAYLOR: Just one question. The two and a
half is out of the projected seven?
MR. ISACKSON: Yes, that's correct.
COMMISSIONER TAYLOR: Okay. If it goes to
eight-and-a-half or eight, will those percentages be adjusted?
MR. ISACKSON: Well, we say in the policy that anything that
comes in above the planning scenario, the Board can revisit during
their workshops and apply those toward let's say reserves or toward
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February 23, 2016
particular operational program needs or toward capital.
COMMISSIONER TAYLOR: Good.
MR. ISACKSON: That would be your call.
Conversely, though, I will say, that if it comes in below seven
percent, which it never has since I've been here, I mean, we've never
been on the south side of that number. So -- knock on wood.
And that gets to the next slide, Commissioners, which is your
agency allocations. And we talk about the premise that we all work
cooperatively and if the need for budget reduction should arise, then
everybody should share equally in those reductions.
We have this concept of revenue centric operations; that gets
through our enterprise funds. And essentially that concept revolves
around the revenue streams that come in, whether it's public utilities,
whether it's our building review and permitting areas, or any of our
other enterprise operations. Their budgets are all pegged around their
anticipated revenue sources that come in.
And of course there are surgent fee-based operations that exist,
they're fee supported or subsidized operations that exist within the
general fund and unincorporated area general fund, and these costs and
fees will be monitored and ad valorem revenue is not intended to
subsidize those particular operations, so there will be a truing up
during the course of the budget year like we've done in the past.
Agency positions. This year we talked about expanded net
component of .5 percent. Those expanded positions will be limited to
mission critical functions, fully vetted with the Board and enumerated
within the budget document, including details of expanded operational
costs, any offsetting program revenue that may be generated.
Compensation. The County Manager, as part of the FY 17
budget, is recommending a three percent general wage adjustment with
the structure of that to be presented at the June budget workshop.
Healthcare. This particular year we maintain a very healthy fund
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February 23, 2016
balance in our healthcare fund and as such we are not recommending
any increase in our health insurance program.
Retirement rates. Those are published by OMB as part of the
budget instructions that go out within a week or so after the Board sets
policy, and the budget preparers are advised to adhere to those
particular rates.
Our stormwater funding. This year we're looking at continuing
our stormwater funding. And you'll notice the bulk of the stormwater
funding is now being switched to come out of our unincorporated area
general fund, just like it was last year.
Use of gas taxes. We get about 18 and a half million dollars a
year in. 13.1 of that is debt. And you can do the math, you can see
that there's not a lot left over for maintaining the transportation
network.
Our general fund capital and debt service and debt management.
We traditionally transfer from the general fund the sum of up to
essentially a third of a mill for essentially general capital purposes.
That amount, Commissioner Henning, it may get to your
question, covers some of our revenue bond debt service that exists. It
covers our growth related debt obligations due to the fact that impact
fees are not coming in at a sufficient level. And it covers a lot of
general governmental priority capital needs.
We have our reserve policies that are laid out on packet Pages 128
to 133. Those have not changed except for some of the numbers in our
Public Utilities Division which changed as a result of some of their
fund balance numbers.
New slide. Commissioners, a new section of the policy talks
about financing new and replacement capital infrastructure. County
has not issued debt since 2008. The Finance Committee is currently
and will continue to be engaged in reviewing all capital financing
options. The FY 17 budget planning does not contemplate the
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February 23, 2016
issuance of debt as part of the adopted budget. That does not mean
that during the course of any fiscal year a proposal can't be brought
forth to the Board regarding the issuance of debt for the Board's
consideration.
And the Board could consider the issuance of debt for a number
of current and future capital initiatives.
And between those two pages we've laid out a couple of different
scenarios under which the Board might want to consider that. I'd be
happy to talk about that as we get closer to the June or at the June
workshop, or if the Board's pleasure today, after we hear the speakers.
COMMISSIONER HILLER: May I just say one thing about
that?
It might be worthwhile looking at those numbers if you would
stay for 11.B when we talk about the regional park.
MR. ISACKSON: I've been asked by Steve Carrell not to go
anywhere, so I will stay here.
COMMISSIONER HILLER: Oh, Steve, you must be thinking
what I'm thinking.
MR. ISACKSON: And then finally, Commissioners, there's the
schedule which is all important. The June budget workshop dates are
tentatively set for the 16th and 17th of June, that 17th date if necessary.
The adopted tentative maximum millage rates on Tuesday, July 12th.
The Board receives the tentative budget after the workshop in June on
the 15th of July, which is a Friday. And then the public hearings that
are tentatively scheduled right now will be the 8th of September and
the 22nd with your final hearing.
And with that, Madam Chairman, I'll stand down and let you
handle the public speakers and I'll resurface again.
CHAIRMAN FIALA: Very good. We don't have any
Commissioners on deck, so please call the public speakers.
MR. MILLER: Ma'am, your first public speaker is Phil
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February 23, 2016
Brougham. He's been ceded three additional minutes from Murdo
Smith. I see Murdo is here.
He will be followed by Dr. Joseph Doyle.
COMMISSIONER BROUGHAM: Good morning,
Commissioners, Madam Chair. My name is Phil Brougham and I'd
like to just let you know that I do serve on the Parks and Recreation
Advisory Committee. I'm not here officially representing that board
but I can tell you that this topic has been discussed at multiple
meetings of the parks board and we all feel it's very important to take
some action.
And my apologies for reading this, I've got a lot of points I want
to make and I'd rather not miss any.
In any case: If it's not broke don't fix it is a commonly used
phrase we've all heard. During the recent recession Collier County was
moved towards this strategy with respect to infrastructure repair and
replacement due to falling ad valorem tax receipts.
I am certainly not telling you Commissioners or staff anything
that you do not know. And in fact Mr. Isackson's full presentation that
I read before I came into this meeting obviously highlighted those
deferred maintenance needs quite succinctly.
All agencies in the county, including roads and bridges,
stormwater management, fleet, facilities and most certainly parks and
recreation felt the impact of these forced reductions and expenditures.
The backlog of maintenance, repair and replacement projects grew
faster than we were able to fund them, and that trend still continues.
For example, the identified deferred maintenance for public
services, of which parks is the majority, was 2,039,300 for fiscal '15;
3,107,000 for fiscal '16, and 5,625,000 for fiscal '17 projected.
Our neighborhood community and regional parks are one of the
diamonds in the crown of Collier County. Our parks have received
national recognition for their excellence, and they are a magnet for
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February 23, 2016
sports tourism; for example, the upcoming major pickleball
tournament.
In 2014 Collier County hosted 71 events, generating more than
$20 million in direct visitor spending for 56,000 visitors.
Many of our parks were constructed over 20 years ago and the
facilities need constant maintenance and some are due for replacement,
quite frankly. As just one example, during the recent storm in January,
Golden Gate Community Park had a field lighting pole blown down by
the wind. This concrete pole and others at the same field were well
over 15 years old and had developed cracks which may or may not
have contributed to the incident, but fortunately no one was injured. A
prioritized and funded maintenance program might have called for
replacing these light poles before one failed.
Mr. Isackson's full presentation addressed deferred maintenance
issue and did provide some alternative ways to fund the backlog.
However, I did not hear nor did I see a recommendation.
The project to implement a new asset management system which
is being led by Dr. Yilmez's group will be an invaluable tool when
fully implemented in all agencies; however, it will not be successful
unless it's backed up by a sustainable funding strategy.
Fortunately property values have increased over the past several
years; therefore, there are more dollars available from the general fund
for those projects. But this increase historically is not going to
continue. It is my opinion, and I'm not a financial expert, that this
Board needs to adopt an aggressive and creative funding strategy,
directing the proceeds to a prioritized series of major capital repair and
maintenance projects for all agencies.
To rely nearly exclusively on the rise and fall of property values
while keeping our millage rate the same has not and will not
adequately keep our infrastructure well maintained.
I have listened to various comments from the Board members and
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February 23, 2016
from staff over the last several years about this issue, with suggestions
of a franchise tax, selling new bonds and even potentially raising
property taxes. And I do understand it's a tricky situation, particularly
in an election year to talk about new taxes of any sort. But the
alternative of having repetitive emergency repairs and potentially
dangerous conditions is a worse scenario, in my opinion.
There are 67 counties in Florida, and only 12, including Collier
County, have not elected to impose the discretionary sales surtax,
which is available. Counties have used rates varying from a half a
percent to one and a half percent very effectively to fund projects like I
have mentioned.
Charlotte County implemented a one percent surtax in 1994 and
used it for parks, public safety and many other projects. They
announced in December, 2015 a $140 million project over the next 20
years to improve their park system. They plan to renovate all of their
79 parks using this funding.
And I point this out only to serve as one example of what one
county has done to address this issue. The past strategy has not
worked, our backlog continues to grow, and our infrastructure and
facilities continue to age.
As you deliberate over the budget for the next year, please
specifically request staff to study and make recommendations how to
get on top if not ahead of our infrastructure issue. Because we cannot
continue to fall behind in an accelerated rate.
There are many options available, but in my view we need a
consistent and dedicated revenue source to solve this issue.
And thanks for your time. And I hope you do take some
definitive direction today. Thank you.
MR. MILLER: Madam Chair, your final speaker on this item is
Dr. Joseph Doyle. He's been ceded three additional minutes from
Sandy Doyle, who is seated back there.
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February 23, 2016
DR. DOYLE: Good morning, Commissioners. Dr. Joseph Doyle,
Naples.
Over the weekend I sent you an email regarding my concerns
about the fiscal year 2017 budget policy.
And as I was just here actually at your last meeting talking about
the -- what's going on with the economy, I really am concerned about
the assumption of seven percent growth in property values that the
county is adopting from the state. At least I know at least from the
presentation this morning where that seven percent came from.
I think by the time we get to October, that is not going to be a
reality. So I think that we really need to look at more conservative
assumptions. I saw on the chart that the seven percent was kind of
midway. We may need to be down lower to the three percent. And
then you'll look at your growth and property values and the tax
revenues from there.
Now, I realize that we haven't fully recovered from the downturn
of 2007, 2008 and that we did take a big hit in property values and
therefore it's ad valorem tax receipts.
I will say, as I said two weeks ago, the Great Depression was
actually a series of four recessions. We may never recover from this.
But to the previous speaker's point and also to what Mr. Nance
has said over the years, we do have a lot of deferred maintenance so
that needs to be prioritized, and I agree with the previous speaker on
that. However, I do not agree within increasing taxes. We're a
conservative Republican majority county and we believe in limited
government. Limited government means watching our taxes.
So in that regard I also have not seen anything about what is
being done about further reducing the $500 million in debt and
outstanding bonds that we have. I think that we need to look at that.
As far as the compensation goes that's being proposed here, a
three percent increase in wages when there was another increase last
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February 23, 2016
year, you know, your senior citizens got no increase this past year.
And the CPI was 1.6 percent. So I'd like to know why we're going
ahead with another three percent.
And as far as benefits go, the county employees are 80/20 on their
insurance premiums. Well, I know industry is more going towards
75/25. So get that 25 percent out of the employees.
And on top of that your small businesses around here, a lot of
them have had to put their -- can't afford the premiums. They've had to
put their own employees on Obamacare. And I know people who have
gone on Obamacare. I am a physician. They are paying double
premiums and they're paying quadruple deductibles. So why should
the taxpayers who are feeling all this pain have more pain than the
county employees when it comes to benefits?
So I think we really need to be looking at a 75/25 cost-sharing
arrangement when it comes to benefits. I'd like you to consider that for
the policy.
The other thing is that on Page 10 of the policy document it says
that there's some legislation up in Tallahassee right now, SB-1222 and
HB 1015 regarding the amount of the -- the millage rate can be
increased every year. And as I've noticed over the last couple of years,
and I've been here several times, as you know, over the years, you
know, we don't go back to just the rolled-back rates. When you
increase the millage back, that's really a tax increase. And it's
especially a tax increase when you have increased property values.
So I think we need to work within our means. A lot of your
senior citizens and your other people have to work within their means.
And when you say it's a couple dollars a month on a $300,000 house,
that's fine if you're homesteaded and you have the Save our Homes
homestead exemption as well. But who's really paying for these tax
increases? Who's paying are your renters and your small businesses.
They don't get the benefit of this.
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February 23, 2016
And at the last meeting you were just telling everybody that you
want to make everything more affordable for the young professionals
here. So this is inconsistent with what you're trying to do. This tax
policy is inconsistent. And I'd like you to take that in consideration
and have the staff go back to the drawing board on some of this.
Like I said, budget neutral in the face of rising property tax values
is still a tax increase. We need to -- now, we've all talked about the
revenue side here, but how about controlling costs? You know, we can
do more work with less money if we can look at our operations and
maybe look at a Six Sigma and do some lean and mean operational
assessments here. For instance, I know that -- I've been told that the
EMS could do a better job in collecting money for the insurance
companies for its transport so that we could run that program a lot
more efficiently.
And then of course Pelican Bay, which I was actually kind of
surprised to see in the policy document, because I would think that
would be a surprise to the advisory board. But they could do a better
job in outsourcing their landscaping to the vendors. As far as I
understand, Pelican Bay is one of the only MSTBU's that has its own
landscaping department. The county doesn't even have much of a
landscaping department. They should be outsourcing and attaching
onto those county preferred vendors for mowing the lawn, basically.
We have people who are making $65,000 a year plus benefits, which
would be $80,000, for mowing the lawn.
So I think we can do a lot to control expenses. That way those
monies could be used for some of this deferred maintenance and some
of the other needs and maybe debt reduction and other things that are
in the program without raising taxes. And certainly we don't want a
new sales tax.
So I thank you for your attention this morning.
CHAIRMAN FIALA: That's all of our speakers?
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February 23, 2016
MR. MILLER: (Nods head affirmatively.)
CHAIRMAN FIALA: Okay, fine.
Commissioner Henning, you're first up.
COMMISSIONER HENNING: Well, as we get into potential
borrowing for capital needs or maintenance, I think the Board really
needs to take a look at what its priorities are. Priorities meaning taking
care of the maintenance of building or expanding of parks or building
of roads. You know, it's -- I think it's a great opportunity to give Mark
some guidance to get together with the finance committee to take a
look at potential of bonding new dollars. But what's the priority? You
know, and I think this Board needs to do that.
As far as the three percent increase in salaries across the board,
why don't we do a different cost share of healthcare instead of
across-the-board three percent? I mean, the healthcare costs are rising
significantly. So you have upper administration that has a three
percent increase is a far more benefit than a person on the street getting
three percent. However, if you change the allocation of benefits,
healthcare benefits, it equals out better. You know, the benefit is going
to equal out better than a straight across-the-board three percent.
That's what I would rather prefer to see is a different healthcare to
-- allocation to really affect the people who need it.
CHAIRMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: Thank you.
I was very impressed by what Mr. Phil Brougham brought
forward before the Board. Not just this year, but in all prior years that
he has spoken. Because you have been consistent with your message.
Leo, how is the asset management system development going?
Do we have a prioritization within the different divisions of what we
think needs to be funded for repair and replacement? And are we
working on establishing reserves to be able to execute on those
priorities?
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February 23, 2016
MR. OCHS: Short answer is yes, ma'am. I think we're more
mature in our asset management development in our public utility and
growth management divisions at this particular point in time than we
are in our public services and administrative services area. But we do
have a handle on those assets. We need to continue to work to define
that in more detail.
But we're certainly capable of bringing this Board a priority list of
deferred capital and equipment prioritized for each department, if you
would like to see that. And that's something we routinely do as we
prepare your budget workshop information for June.
COMMISSIONER HILLER: I think it's important that we
evaluate that. And maybe you can share that with Phil also so he has
an opportunity to take a look at whatever we would get.
I think the important thing is to look at the financial feasibility
with respect to the execution of those priorities over the time period
that it's anticipated that those issues will arise. It's all about matching.
And we need to be sure that when the time is right we have the means
to do what's necessary before we have a problem like what happened
going way, way back. Remember when they were trucking sewage up
to Lee County because the system was --
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: -- overfilling. And Dr. George,
thank you for everything you've done with respect to utilities that we
don't have those kinds of issues anymore. I think Leo appreciates it.
But yeah, I do think that it's a very, very important issue. On the
one hand we do have aging infrastructure. On the other hand we have
a lot of new infrastructure that is being built. And I think we need to
have as good of an understanding of what's going on as possible.
Dr. Doyle made a statement which was very interesting to me.
He said that he did not believe the state's projection of a seven percent
increase would come to pass and that by October the situation would
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February 23, 2016
be materially different.
Dr. Doyle, what is it that you have by way of information that
would suggest that very dark scenario?
DR. DOYLE: Well, I read several financial columns every day,
and we're looking at a downturn here. So seven percent would be
pretty rosy.
COMMISSIONER HILLER: You're saying that we're in a real
estate bubble and we're going to see a collapse before the end of the
year; is that what you're projecting.
DR. DOYLE: You can see a stock market collapse, you can see a
bond market collapse, you could see a real estate market collapse.
We are fortunate here. There are several areas in the country that
are having housing problems. So we are in a little bit of a bubble. Not
from the standpoint that it's real estate, but we live in a bubble here,
insulated, you know --
COMMISSIONER HILLER: I would ask that any specific
information you have that would substantiate the risk of a real estate
bubble that you forward to staff. Because I think, you know, if you've
got stuff that others like at the state level are not paying attention to
because we're local and it's, you know, a very local issue, I think staff
would really benefit if you could forward that to Mark Isackson.
DR. DOYLE: I'm happy to do so.
COMMISSIONER HILLER: I'd really appreciate it.
DR. DOYLE: Absolutely.
COMMISSIONER HILLER: Thank you. It's important.
CHAIRMAN FIALA: Okay, Commissioner Nance?
COMMISSIONER NANCE: Yes, I would like to echo
Commissioner Hiller's comments about Mr. Brougham's presentation.
I think in a few brief minutes he summarized once again for us things
that certainly he's said before, I've said many of the same things and
many of the people on the dais have said this over and over again.
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February 23, 2016
There are a few things that we need to accept as reality here that
are difficult things. Number one, in our community, like every other
community, where we have the bulk of our revenue coming from ad
valorem taxes that are primarily residential in nature, a residence
consumes approximately a dollar and a quarter in services for every
dollar in taxes that it pays.
This is something we can't run away from. This is something that
people somehow don't believe. But the statistics and the reality of it is
that it's that way. So we need to confront this and we need to get ahead
of it.
Secondly, unfortunately because we have so much deferred
maintenance on our capital infrastructure, and this is not a situation
that's unique to Collier County, it is nationwide. We're actually very
fortunate because our infrastructure is not all that old. But since we
have built the majority of our infrastructure starting about 20 years
ago, it's now time that we have to replace a lot of it and we're starting
to look at these costs.
Because of the recession and because of our deferred maintenance
and replacement policy, we are right now operating in the absolute
most expensive way we could ever choose to do business, and that is
we're on break-and-fix maintenance, we're making one-time
emergency repairs to bridges, things of that nature that are complete
lost money. That's money that's never going to come back.
I truthfully believe that the issuance of debt at this time is
appropriate because I believe if we simply put pencil to paper we are
going to find that the issuance of debt and the replacement of these
facilities at the cost of money today is going to be much, much cheaper
in reality than it is to continue to go on a break and fix and emergency
repair maintenance when those dollars are perpetually lost.
So I think this is an economic question. I think it's a mathematics
problem. And I think that staff and Mr. Isackson are completely
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February 23, 2016
capable of giving this Board a fair analysis of the true fully loaded cost
of continuing to do business as we are today because we find ourselves
in this circumstance. This is not a choice that we made. Or, you know,
issuance of new debts or creation of alternative revenue streams. I
think it's very appropriate, and like I say, it's a mathematics problem. I
think it's just a question of good management.
So, you know, we have -- in this proposal is a dedicated
expenditure for restarting the landscape program, for example. That's
something that's got broad support on the Board, not so much with me
but broad support on the Board. So I'll let that go. I'll let that go for a
second.
But what I'm telling you is I believe truthfully that our citizens
will support thoughtful revenue and possibly even, I'll say it, tax
increases if those monies are put in silos to do what everybody realizes
we have to do. Nobody wants to increase taxes, but nobody wants to
drive across a bridge that fails either. And we're actually looking at
those sorts of things. And our nation is too.
So I think it's time to step up, take a bite of the apple and figure
out what we're going to do here, because this situation is not going
away.
I commend staff for doing their very best, and I think they always
bring together a budget that tries to balance things. But you can only
move the same pieces around on the checkerboard for so long before
you have to figure out if you need more horsepower to do what needs
done. So I think we're coming to that moment.
CHAIRMAN FIALA: Thank you.
This weekend, as most of you know, I was in Washington D.C. I
serve on the National Association of Counties' Energy, Environment
and Land Use Committee. And there were many topics. Of course
this is countrywide.
But one of the big topics is preparing for the baby boomers. And
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February 23, 2016
if you don't start preparing for them now, they're going to hit you hard.
And then you're going to be -- you know, you're going to be behind the
eight ball.
One of the things I believe as we repair and replace our aging
equipment is we're preparing in a way to then accommodate the baby
boomers as they come in by either building bigger sewers, by
preparing the landfill. I think these are very important things, and with
such a hot topic where some states hadn't even begun to prepare.
Although we're going to be hit much harder by baby boomers than
anybody else in the country, because who doesn't want to retire here? I
mean, we all do, right? I mean, here we are.
And so I think that it's -- I feel -- I felt very proud of us in the
advancing theory that we're preparing for the baby boomers.
And I have to say Nick also, Nick and David, we're preparing our
roads, because we know there are going to be more people on them
and we better make sure that the roads can accommodate them.
So I think this is an important thing and I think Mark has taken
some of that into consideration as he prepares the budget.
Any further comments?
MR. OCHS: Madam Chair?
CHAIRMAN FIALA: Yes, sir.
MR. OCHS: Commissioner Henning raised a question about our
health insurance premium allocations. If I could ask the Board for a
minute of indulgence for Mr. Walker to briefly explain that, I think it
will get to Commissioner Henning's question, hopefully.
MR. WALKER: Good morning. Jeff Walker, Risk Management
Director. Sorry, I just ran up three flights of steps.
Back in 2002 the Board directed us to go to an 80/20 split. At
that particular time we instituted a tiered rating structure where it's in
$25,000 increments, essentially, but there are four of them. But
essentially those folks who fall into the lower tiers pay much less than
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February 23, 2016
the folks who are in the upper tiers.
So for example, currently if you're in the upper tier, the over
75,000 tier, you're really paying more like 25 percent of premium as
opposed to 20 percent of premium.
So that's been in place again since 2002 for quite a long time, and
that's how we've dealt with that issue.
MR. OCHS: Does that answer your question, sir?
COMMISSIONER HENNING: Yeah.
COMMISSIONER NANCE: Sir, is that a taxable benefit?
MR. WALKER: No.
COMMISSIONER NANCE: Is the insurance taxed?
MR. WALKER: No.
COMMISSIONER NANCE: So if we give them more insurance
benefits, that's not something they have to pay taxes on. If we give
them a three percent increase in pay they have to pay taxes on that.
MR. WALKER: Correct. Again, the premium that goes toward
the healthcare expenses is not a taxable benefit. And the out-of-pocket
piece which employees pay is -- we do it pretax, we have a premium
conversion plan. So there's a tax benefit to both the county and the
employee in that program.
COMMISSIONER HILLER: I think, though, what
Commissioner Nance is suggesting is that if you gave them more by
way of health benefits as opposed to a pay increase that net to them is
actually higher because it's a non-taxable event.
MR. WALKER: We would have to look at the math. But I
understand the principle of what you're saying, yes.
CHAIRMAN FIALA: And, you know, I think with regard to our
employees, one of the things we've sadly had to -- we've lost quite a
few employees because these can make more money and get more
benefits elsewhere. So we take people, we've got them trained, they're
excellent on the job and then they go to a better paying job.
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February 23, 2016
So I think it's essential that we think of the ramifications. You
lose your people who are already trained so then you have to go back,
hire somebody. Yes, you hire them possibly at a lower wage, but then
how long does it take in order to get them up to speed to be able to do
the job that we need them to do?
So I think this is all in keeping with keeping our employees here.
We're not giving them a big raise, but I think that the insurance rate,
80/20, that's about normal. You might find somebody someplace that
gives a little bit less. And Dr. Doyle said something about the trend, I
haven't heard of that trend, quite frankly, not in our community. And
so I would prefer to continue with the proposal as Mr. Isackson has
given us.
Commissioner Hiller?
COMMISSIONER HILLER: I agree with you, Commissioner
Fiala. You know, in the government sector the salaries are usually
lower than in the private sector. And then if we do lose employees
who we have trained and invested in to the private sector as a result, it
adds to the cost of the position. It makes that position that much more
expensive.
So, you know, to compensate fairly and to benefit fairly in a
manner that retains staff so that we, you know, get the return on our
investment, whether it's, you know, training or experience is definitely
worthwhile, considering. And I think we have to be very careful in
how we compare ourself to the private sector, because we are not the
private sector.
CHAIRMAN FIALA: Okay, any further comments from
anybody?
(No response.)
CHAIRMAN FIALA: Do we need to approve this or do we just
move on?
MR. ISACKSON: Commission-- go ahead.
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February 23, 2016
MR. OCHS: Yes, ma'am, we would like a motion to approve the
guidance so we can prepare our budget around the guidance document.
CHAIRMAN FIALA: Very good.
Do I hear a motion from the Commissioners to approve the
guidance?
COMMISSIONER HENNING: So moved.
COMMISSIONER NANCE: Second.
CHAIRMAN FIALA: I have a motion and a second. We've had
many comments, no buttons are on, so I say all in favor, signify by
saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good. Thank you very much.
MR. ISACKSON: Thank you, Commissioners.
COMMISSIONER TAYLOR: Well done.
MR. OCHS: Madam Chair, you have a 10:30 time certain. It
may be appropriate for a court reporter break before you begin that
public hearing?
CHAIRMAN FIALA: Good thinking. Okay, we'll take a
13-minute break and be back at 10:30.
MR. OCHS: Thank you.
(Recess.)
CHAIRMAN FIALA: Please everyone, take your seats.
County Manager?
Item #9A
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February 23, 2016
ORDINANCE 2016-04: AN ORDINANCE AMENDING
ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH
ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL
(A) ZONING DISTRICT WITH A MOBILE HOME OVERLAY (A-
MHO) TO A COMMERCIAL PLANNED UNIT DEVELOPMENT
(CPUD) ZONING DISTRICT TO ALLOW UP TO 100,000
SQUARE FEET OF COMMERCIAL USES FOR A PROJECT TO
BE KNOWN AS WESTCLOX 29 CPUD ON PROPERTY
LOCATED AT THE SOUTHWEST QUADRANT OF SR-29 AND
WESTCLOX STREET IN SECTION 29, TOWNSHIP 46 SOUTH,
RANGE 29 EAST, COLLIER COUNTY, FLORIDA CONSISTING
OF 9.5± ACRES; AND BY PROVIDING AN EFFECTIVE DATE
(PUDZ-PL20150000660) — ADOPTED
MR. OCHS: Yes, ma'am. That takes us to our 10:30 time certain
hearing this morning. This item requires ex parte disclosure and
participants are required to be sworn in.
This is a recommendation to consider a rezone from agricultural
zoning with a mobile home overlay to a commercial planned unit
development for a project known as the Westclox 29 CPUD property
located at the southwest quadrant of SR 29 and Westclox Street in
Immokalee, Florida.
It would be appropriate, ma'am, to take ex parte at this time.
CHAIRMAN FIALA: Thank you very much. We'll start with
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February 23, 2016
Commissioner Henning.
COMMISSIONER HENNING: I spoke to David Wilkinson on
this.
CHAIRMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: I spoke to county staff and to Mr.
Yovanovich.
CHAIRMAN FIALA: And I have spoken to staff.
Commissioner Nance?
COMMISSIONER NANCE: Yes, I've read the staff report and
spoken with staff.
COMMISSIONER TAYLOR: Staff meeting of course about this
and staff report, but no other contact.
CHAIRMAN FIALA: Very good. So you want to swear in the
people who would like to speak.
(All speakers were duly sworn.)
CHAIRMAN FIALA: And we have with us Mr. Wayne Arnold.
MR. ARNOLD: Good morning, Commissioner Fiala and County
Commissioners. I'm Wayne Arnold, for the record, professional
planner on the case. And with me is David Genson from Barron
Collier Companies and Rich Yovanovich, who has been handling the
land use law aspects of the case.
This is a fairly simple 10-acre rezoning request in one of your
neighborhood centers in Immokalee. And rather than go through a
lengthy presentation I thought I'd focus right in on the singular issue
that I think we have and that is that this would have been on your
summary agenda had staff not suggested that a handful of our uses are
not consistent with the neighborhood center designation of your
Immokalee Area Master Plan.
We disagreed with them, and your Planning Commission
unanimously supported our request with the uses that we had
proposed.
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February 23, 2016
There were a handful of uses that staff had recommended that are
not consistent. And it comes down to one word in the Comprehensive
Plan and that is convenience commercial. And staff has identified that
as being consistent with the C-2 zoning district. We have some uses
that would be C-3 uses. And I think that's really been our
disagreement.
Some of the uses, for instance, are governmental offices as one of
those uses on the list that they don't concur with. But the actual
language in your Comprehensive Plan says that in addition to
governmental uses the following uses are also permitted. So we think
that's a clear example where we are consistent.
Another one was a liquor store. We can have a convenience store
in C-2, I can have a drug store in C-2 that both could sell liquor, but a
liquor store staff found that not consistent. We disagree with that.
Another example is a lawn and garden center. We think that's an
appropriate use for one of the neighborhood centers. And so we have
those uses, they're in your executive summary. We hope that you'll
find us to be consistent with the plan.
CHAIRMAN FIALA: Thank you.
Do we need to hear from staff as well?
MR. OCHS: Yes, ma'am.
MR. BOSI: Mike Bosi, Planning/Zoning Director.
It is similar in issue related to the Comp. Plan finding of
consistency. When we read the neighborhood subdistrict we read it to
state that commercial uses as well as schools and other institutional
uses had to be associated with residential development or in close
proximity are provided for within the scope of their intended market.
And the intended market for these commercial areas are supposed to be
within one mile. Those are traditionally your neighborhood retail uses.
We don't disagree with the uses, we disagree with the size
limitations. Normally within a neighborhood center you have a small
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February 23, 2016
center underneath a certain threshold of square footage because your
market area is relatively small. The larger -- the greater square
footage, the larger your market area.
If you had 100,000 square feet that was unlimited with your
square footage, you could have 100,000 square feet of hardware store.
Now that's not a neighborhood center in our minds, that would be a
community commercial that has as larger draw.
So that is the disagreement with the Growth Management Plan
staff. And we found that it was inconsistent with the language. But we
do recognize there's opportunity within the language for a different
interpretation. And the Planning Commission found that interpretation
and agreed with the petitioner and it ultimately needs the Board of
County Commissioners to provide that clarification.
CHAIRMAN FIALA: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Yeah, the -- this property, is this
where it once was proposed to be a Wal-Mart?
COMMISSIONER TAYLOR: No, it's not.
MR. BOSI: And I brought two master plans to the Immokalee
Area Master Plan. And this is just south of the Immokalee -- or the
Wal-Mart proposal.
If you look -- sorry about using my finger. If you look at that
blue center there, that's the neighborhood center subdistrict we're
talking about. The upper half of that neighborhood center subdistrict
has been rezoned to Jefferson Commercial, increasing the commercial
land uses that are provided for within that area. Basically it's taken
away the ability of that neighborhood center to fully function.
From staffs perspective we don't disagree with the uses that are
being proposed as they're proposed from a zoning standpoint. We just
see that the Growth Management Plan has not been updated to show
the change within the land use arrangement.
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February 23, 2016
And ideally this zoning petition would have included a master
plan change small-scale amendment.
What we do recognize and would tell the Board of County
Commissioners, if you do make this change, when we go to the
Immokalee Area Master Plan, the last of the four restudies, that this
will be one of the areas that we will most certainly study.
And in relationship to that, this is the -- was the proposed
Immokalee Area Master Plan which would be the basis of the start of
that analysis. And if you look, this area where this proposed rezone is
at is designated CMU. It's commercial mixed use, meaning the full
range of C-4 uses that are being proposed by this PUD would be in
agreement.
So staff does not disagree that from a zoning standpoint, from a
compatibility standpoint that this is a use that could be found
compatible and has satisfied the other reviewing departments, it's just
simply from the standpoint of what a neighborhood center subdistrict
provides for. We had a disagreement without those square footage
limitations. And that's really the heart or the essence of where the
disagreement is.
COMMISSIONER HENNING: Right.
MR. BOSI: But there is enough -- there's opportunities to read
the code and there's no limitations in the Growth Management Plan.
The Immokalee Area Master Plan does not have square foot
limitations, you have to go to the Land Development Code where the
limitations are imposed on C-1, C-2 and C-3 that is relationship (sic) to
how we found this to be inconsistent. So that's really where the
disagreement has laid with staff related to the proposal.
COMMISSIONER HENNING: Well, I appreciate staffs read of
the Board's laws, and really don't disagree. However, my opinion, the
Immokalee Area Master Plan and particularly within the Land
Development Code for the Immokalee -- the implementation of the
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February 23, 2016
subdistricts is not flexible enough. And that's the only way that you're
going to get more businesses to serve that community is to be more
flexible.
There's freestanding buildings there now that are empty and could
be filled but there's limitations on what can go in there.
That's my opinion. But I'll defer to the commissioner of the
district.
MR. BOSI: And I would add ultimately it is the Board. The
Board is the final interpreter of the Growth Management Plan, the
Immokalee Area Master Plan. And if you believe that the regulatory
flexibility is inherent within that interpretation, it's most certainly
within your discretion.
COMMISSIONER HENNING: Yeah. But again, the analysis by
staff to bring objective to the Board is very important.
CHAIRMAN FIALA: Commissioner Nance?
COMMISSIONER NANCE: Yes, I think it's very important for
staff to come to the Board with a recommendation in one direction or
another. I greatly respect the mixed opinions that we can have with
staff. But it's frankly embarrassing to have to have a public hearing on
something because staff is having a conflict with itself.
At the end of the day somehow staff has to come together and
make a recommendation to the Board of some kind. You can't
recommend yes and no at the same time. This makes absolutely no
sense. The public has every reason to be embarrassed by this
methodology.
You know, we have a -- now have a office of economic --
Department of Economic Development within the county that's --
whose mission it is to do everything it can to encourage people to
come here. And, you know, we have flexible laws. I see the language
in front of me that adds -- you know, if you look at it as a zoning issue,
it has the verbiage, any other convenience commercial uses which are
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February 23, 2016
compatible in nature with the foregoing uses.
So the flexibility exists. And I think in circumstances where it is
a contentious issue and there's a lot of differing opinions or objections
to something and there are different competing interests, it's certainly
important to discuss the narrow view and the broad view. But in the
circumstances like this where I couldn't find anybody that thought it
was a bad idea, I think we need to make the decision as a public -- as
local government to take the broad view and let people invest their
monies if they want to and not drag them through the mud when there
isn't anybody that can find an objection to it and there's so much in
favor of it.
So I'm just going to let that go. I'm a little disappointed in getting
a mixed message, but I'm going to make a motion to approve.
CHAIRMAN FIALA: Second.
Commissioner Taylor?
COMMISSIONER TAYLOR: I take a little bit different view of
this. I think staff has to error on the very conservative side. I think
we're the arbiters here. I think that you did your job and you did your
job well. And I understand it's kind of like -- there's a wonderful
expression which I've lost now. It's like something dancing on the
head of a pin where this is -- you know, understanding the county like
you do, understanding what's needed up there and yet looking at what
is written.
So I commend you for your position on this. I will support the
motion on the floor, but I think you did a great job.
CHAIRMAN FIALA: And I just wanted to say, excuse me,
sometimes when there is a little bit of dissension there we always take
a look to see what the Planning Commission has to say, what their
recommendations were. It was a resounding yes for this proposal.
From what I've been advised is that the Immokaleens that have
weighed in on this are excited to see something new being built in their
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February 23, 2016
community, they're looking forward to it.
And of course the bottom line is it's the people that count and we
have to think of them. So that's why I seconded the motion. Thank
you.
Any further comments?
(No response.)
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good. Thank you very much. 5-0.
Item #11B
APPROVE THE MASTER PLAN FOR THE DEVELOPMENT OF
BIG CORKSCREW ISLAND REGIONAL PARK - MOTION TO
APPROVE THE CONCEPTUAL PLAN AND STAFF TO BRING
BACK OPTIONS FOR FUNDING IN PHASES - APPROVED;
MOTION FOR STAFF TO BRING BACK COSTS FOR THE
BUILDING AND MAINTENANCE OF AQUATIC FACILITIES —
APPROVED
MR. OCHS: Commissioners, that takes us to Item 11.B on
today's agenda. This is a recommendation to approve the master plan
for the development of the Big Corkscrew Island Regional Park. Mr.
Williams, your Parks and Recreation Division Director, will begin the
presentation.
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February 23, 2016
MR. WILLIAMS: Commissioners, good morning. Barry
Williams, Parks and Recreation Director.
Just a few minutes, we just want to go over with you our planning
efforts in terms of this park.
We hired Stantec to lead that effort and Mr. Tim Hancock, our
Professional Planner, was involved in that process. And I just want to
turn the mic over to him and allow him to go through that process with
you. He's just loading the presentation up real quick and we'll get
started.
MR. HANCOCK: Good morning, Madam Chairman,
Commissioners. Tim Hancock with Stantec.
And I think you'll be pleased to know if you saw the title of this
presentation, it has the word short attached to it.
We've reduced -- from what was in your packet, we have reduced
that somewhat to give you a little more of a summary. And I'm sorry
we're -- I'm not getting my mouse to do what it needs to do here.
There we go. Terrific. Thank you. And I appreciate your
indulgence.
Again, my name's Tim Hancock with Stantec.
The plan we're presenting to you today is a culmination of 16
months of public meetings, workshops, on-line surveys, phone calls,
emails, challenges, opportunities. And quite honestly, a whole lot of
fun. Commissioner Nance has been to almost all of the public
workshops, if not all the public meetings we've had. And this has got
to be one of the most enjoyable experiences I've had in 25 years as a
planner, working with a great community on what I think is going to
be just a phenomenal project.
And what I'd like to present to you today is -- this is not Stantec's
plan. This is the residents' plan. We literally put the pen in their
collective hand, acted as a guide along with a lot of other folks to get to
a plan that we think reflects their hopes, desires and maybe even now
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February 23, 2016
and then a dream.
Quick background. What you'll see here basically are three
parcels. The green parcel is the original 59-acre parcel that was part of
the Orange Tree PUD. It consists of 49 acres just north of the canal
and a 10-acre what we call a stovepipe south of the canal.
In 2008 the county acquired at no cost approximately 97 acres of
land. That land was called a lake but I will tell you it's less of a lake
and more of a scrape or a pond. And it's going to need a little bit of
work.
Below that is another three acres that was part of a land swap with
the school district. So in total we're dealing with approximately 160
acres of land. You'll see a few different numbers as you go through
your packet. The full boundary of this has not been surveyed in total,
so I ask you just to have a little bit of flexibility. Whether it's 157 or
160, we're dealing in a ballpark number.
Quick history: In 2006 the county actually developed very
detailed plans for the 59-acre park, up to about a 90 percent
completion. Because of the recession, those plans were shelved.
What we discovered is -- we were asked to come out and roll out
the 2006 plan and litmus test it. Ask the community, what do you
think, are we still in the ballpark. And while there was a high degree
of correlation between the uses in that plan and what the public was
looking for, we found a few other things that were a little more
concerning.
Number one is there seemed to be a level of distrust with the
public about how the plan was created. And I think that was
exacerbated at the time because there was a private sector initiative
going on that got melded with this plan somehow and there was a lot
of distrust out there.
Second was a general disconnect was expressed to us from some
of the civic associations and the process itself.
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February 23, 2016
And so this Board directed, back in May of 2015, to go back to
the community, in essence let's start over, let's bring everybody in
under the tent and see how we can put this together.
And that's exactly what Stantec did. We created an environment
for collaboration. And the first step was a public workshop we called
Idea Generation. Now, we've done visioning all over the North
America, all over the world, but for a park it's a little bit different. So
we laid out the mapwork and said okay, here's the sandbox you have to
play in, here's your 160 acres.
In an idea generation one of the keys is there's no such thing as a
bad idea. There are no hogs allowed. In other words, if there was
somebody at the table who was dominating the conversation, our
facilitators were asked to step in and ask somebody else at the table for
their input, make sure that everyone there was represented and
involved.
We had a lot of fun with that. We'd even come up behind people,
if I got a little signal, and kind of make a pig sound to let them know
they might be dominating the conversation. And when I say we had
fun, it was very lighthearted and enjoyable.
I'll tell you, the facilitators, we brought planners down from
Tampa, Sarasota, Fort Myers and Naples. And we were -- we also
added and trained some of your county staff as facilitators. So we had
folks from Parks and Rec, volunteer services. So it really was a team
effort and a collaborative effort.
Out of that initial workshop 85 separate park ideas were
generated. So each group had a scribe, they would list the ideas from
their table, and then at the end they would come up and present their
ideas and we would kind of cross off duplicate ideas.
At the end of the night we had 85 different ideas. Now the
question was how do we implement those.
We had already determined we were going to use an on-line
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February 23, 2016
survey to help create priorities. We used a vehicle called
SurveyGizmo for a variety of reasons. So that was the next step, let's
prioritize and go from there.
The on-line survey kicked off the next week. Went on for several
weeks and we scheduled a second workshop. The second workshop
literally was where we give them the list of ideas that were prioritized
through the survey, we put the pen in their hand and they began
drawing their own park. Every table had their own design. When we
were done we had 17 different citizen designs.
But we had some issues we had to talk about. Number one: The
97-acre lake really is a combination of a small area to the south and
you can actually see it along the southern edge of the lake that you see
up here. That area has been dug to a fairly significant depth. The rest
of the lake is at varying degrees of depth between just a couple of feet
and maybe six or seven feet. And it varies throughout the body of
what looks like water there. As a result cattails have grown in and
whatnot.
The problem is that the overburden has been taken off of that
area. In other words, someone scraped down to the rock and what's
left is just rock. And so the county, who owns this property, is going
to have to do something with this lake. We're either going to have to
dig it deeper to make it a real lake or we're going to have to fill it in to
turn it back into land. So regardless of where this plan goes, there's
going to be something about that lake we're going to have to deal with.
So we presented them a sandbox, if you will, that said we're going
to assume we can fill the shallowest parts of the lake and this is what is
you have to draw within.
We then prioritized and showed them at that point the on-line
survey results. I was hopeful the on-line survey would produce more
than four or 500 responses. By the time of the second workshop we
had over 800. And as you'll see later we ended up with over 1,400
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February 23, 2016
responses to the on-line survey. It was a phenomenal response, and we
have a lot of groups to thank for that.
But what we did is we took the green area and said this is what
you have to draw in. We gave them the list of priorities, which we
discussed them all, what they were and were not. And then we gave
them, you see the bottom left here, is actually a template. It was to
scale ball fields, multipurpose fields, parking areas, playgrounds. So
they had the pieces. And their job was to put the pieces, lay them out
and draw them up.
As you can see here, each group had their own design. Some of
the designs had some great ideas, some of them had some terrible
ideas, some of them were very myopic in that maybe that group only
wanted one thing, and some of them were more diverse. We then took
those ideas and tried to pull from each of them what we could to create
a good plan.
These are the survey results that were completed. Over 1,430
people completed the survey. Average time to complete was just
under six minutes, which is why I think we had a high completion rate.
And the way the survey worked was you took the 85 ideas, we
boiled them down into 25 groupings; in other words football
field/soccer field was under the heading multipurpose field.
So you were asked to pick seven elements. And then if you
picked for example multipurpose field you then got a drop-down
question that said what are your top three uses for a multipurpose field.
So we were able to get broad scale and then a little more of a refined
approach.
And just so you know, these are the survey results, broken down
into every kind of graph form you can imagine. And it was thorough
and it was great.
One of the other things we were able to do is, I was a little
concerned about ballot stuffing. I was concerned that a special interest
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February 23, 2016
group may have their folks go out there and hit the survey over and
over and over. It's fine to get the word out and be represented. But we
were able through SurveyGizmo to go back and look at IP addresses
and see if anyone from a single IP address had done 30 or 40 surveys.
Turns out there was only one bad apple in the group. Somebody
had five responses from the same IP address, and it was Collier
County. We believe it's probably a library. Hoping. And it may have
been Barry Williams office, I don't know. But nonetheless, nobody
had more than five responses from a single IP address, so I think we
can see that --
COMMISSIONER NANCE: It was Commissioner Fiala on that
pickleball.
MR. HANCOCK: That's something else I learned, don't ever say
tennis pickleball courts, say pickleball tennis courts. You have to put
pickleball first now. And the pickleball people are ferocious, I have to
tell you. They are --
CHAIRMAN FIALA: Passionate.
MR. HANCOCK: -- passionate, yeah. Well, you weren't there,
in all due reference, ma'am.
No, they're a great group of people. And actually by the end of it
we kind of had names for each other. They had a lot of names for me.
But you know, you'd recognize somebody as oh, that's a pickleball
lady, oh, that's -- you know, because they were really truly passionate.
And it wasn't just pickleball, it was a number of other things.
But here are the survey results. You have them in your packet, I
won't belabor that. But we got the survey results, we had the plans,
now it's time to put them together.
And we did put them together into a draft color plan. But we
weren't done yet. We went back to the Parks and Rec Advisory Board;
we felt their input would be critical to you, therefore critical to our
plan.
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February 23, 2016
We met with them, we got some good input from them about
some street alignments, some things to look at, and we put those on a
change list, if you will.
We then went back to the community on December 1st of last
year and we discussed the plan again with them. Took more input.
There were things like the horse trail movement had really gone full
board. You know, hey, are there too many multipurpose fields out
there. What about pickleball? You know, there's only like -- you
know, we need more pickleball courts. Please consider the residents to
the north. Everyone wants to talk about Orange Tree and Waterways
and whatnot, but we have Estates to the north as well, we need to
consider them. And the last question of course that you guys get to
wrestle with is how are we going to pay for this?
I'll give you a quick review of the park elements. And with your
permission, I'll kind of-- it may be easier for you, whether it's on the
screen or the board up here. What we were able to do when we put the
citizen plans together with a list of priorities is we wanted to look at --
I'm going to call everything north of the canal for this part of the
presentation Phase I, and I'm going to call everything south of the
canal Phase II. In reality, when you see our recommendations at the
end, we're going to break it down into a suggestion of three phases.
But for purposes of this conversation let's just say everything north of
the canal is Phase I.
One of the criteria that we looked at was how can we maximize
the park elements north of the canal. And one way to do that is to
move all of the water management south of the canal.
So you'll notice there are no lakes in Phase I. And the purpose is
that we have all the water management to the south. That allows us to
maximize the most immediately developable area at the least cost.
So we were able to put, of the top 15 elements, 12 of them fit in
the first phase. Number one, pathways and trails. That was a little
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surprising. When you think about a park pathways and trails don't
necessarily rise as the first thought. But recreation, walking, cycling,
those types of things.
Secondly, a playground. The playground got a significantly high
number of hits. That tells me they aren't just looking for a playground,
they're looking for a statement. They're looking for something
significant, not just a tot lot.
Pavilions and shelters, amphitheater/outdoor movie watching
lawn. That was kind of a combination. And you can imagine the word
amphitheater scared some people because of potential noise. But you'll
see from the plan here the event lawn and stage area are fairly small.
We're not talking about something that could house a concert with a
rock band, we're talking about something that might be a high school
jazz band on a Friday night. That's kind of the size and scope here.
Multipurpose fields, dog park, swimming pool, splash park, lake,
amenities, community center and outdoor supporting courts.
By outdoor supporting courts, that really falls into something
outside of just pickleball or tennis.
One of the things I'd like to point to you in this plan is a concept
that we pulled in based on the open space and the desires people had,
and that is the event lawn here. Increasingly we're seeing that if you
have the land available, having community gathering spaces is an
amazing tool. Too many times we build parks and they have facilities,
but what about that flexible space for arts and crafts fairs? Food truck
rallies are becoming a very popular community activity where you
might have restaurants and food trucks that all gather on a given night
a week. So having some flexible space for community events,
community activities, particularly where you're in the Estates where
things are so spread out could be an asset. And that's what the event
lawn is intended to do.
Going south of the canal we made a little change here. You may
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February 23, 2016
remember from the first plan there was no more green over on the
right-hand side where the shallowest part of the lake was? One of the
things we discovered in the process is because of the fact the
overburden has been removed from this area, it may be just about as
much money to dig as it is to fill. There may not be a tremendous cost
savings going one way versus the other. And there's some reasons for
that. And if you want to get into those details, we can a little bit.
So we had a little more flexibility. And one of the ideas that your
County Manager had, which is a good one is, the ball fields being over
to the west side, there's going to be future residential over there, so you
may be inviting problems by putting lighted ball fields right next to
where homes are going to be. So let's shift those over a little bit.
The second thing is we were rerouting the roadway as it came
through. And I do want to point out that while the primary access to
this park will come in off of 39th and Immokalee, this park has the
ability also through the Orange Blossom Ranch project, in association
with this PUD, to have an access down to Oil Well. So there could be
two ways in and out of this park, which would be great for disbursal
and great for access.
But the second phase continues the pathways and trails, includes a
multipurpose indoor sporting facility. You can also see there's green
space around it so that this could be enlarged if necessary or driven or
it could be kept at its proposed or even smaller size. You also have --
these are full-sized softball fields; they're the largest fields out there.
Little league is smaller. So we plugged in four adult softball fields as
placeholders. And then of course you have gardens and whatnot.
But what you'll notice is the pathways, the open space, the green
space. We kept hearing from residents, keep it green. Don't just put
facilities in there, make it a place people want to be, walk, share, go
out and have some unstructured space. And that's kind of a planning
term we use for that. It's just whatever you choose it to be, whether it
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be a picnic spot or whatnot.
There were some things that were thrown out there that we did
have to invoke a small amount of reality. One of the suggestions was a
lazy river. Great idea. However, to build a lazy river you wouldn't get
anything else, because it's so expensive and whatnot. So we discussed
with the group and they understood, okay, maybe that can't be
included.
The other one that may be incompatible was the archery range. I
didn't see that right next to the multipurpose fields going very well. So
we kind of set that one aside. You'll see it in there.
And the zip line course sounded great. I'm not sure that your
County Attorney's Office wants to see a zip line course at the park.
MR. KLATZKOW: I'd enjoy it.
MR. HANCOCK: So that's going to be a public/private
partnership and they'll carry the liability on their side.
COMMISSIONER NANCE: We asked them to start at the
landfill and see how far we could get.
MR. HANCOCK: But actually there's other things not on the list
that can be built back into the plan. For example, if the frisbee golf
people want to do a course, there's room within this plan to create that.
If you want to do a zip line course.
What you have before you really is a template and it's a snapshot
of expression of desires at a given time.
And now I'll go directly into recommendations and then open up
to any questions you may have.
Number one is we really suggest, based on the public input we
got and the strength in the pathways, the trails, the green, the
playground, is to look at this as a park that sets itself aside from the
other county parks in a different way. And a large-scale interactive
playground area would help do that. If you think of something like a
Cambier Park, you know, that is a destination playground, it's not just
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February 23, 2016
something to do while you're there doing other things. I think this park
could have, with the surrounding of families and everything, I think
this has a great potential for being that.
Secondly, unstructured space to allow for a range of community
uses, and also keep it green. I had mentioned earlier the three-phase
approach and I'd like to go over that quickly and then conclude.
Number one: What we're recommending is in Phase I you put as
many of the facilities as you can afford to do north of the canal. But
because of the absence of lake areas in the master plan, we are going to
have to have some dry detention north of the canal, about 10 acres. So
until we get the lake permitted on the south as a water management
receiving body, we're going to need some dry detention on the north.
So 10 acres actually out of that 49 isn't a whole lot. But we would
create -- basically scrape temporary detention areas outside of the
facilities that you're planning and that would be your first phase.
Your second phase would be when the water body down here is
permitted to receive the stormwater management, you'll then develop
the rest of everything north of the canal.
And then your third phase will be the physical development south
of the canal.
You can do it all at once. The only negative is that the lake area
to the south, there's a possibility that we have some Army Corps of
Engineers jurisdictional wetlands that are in that lake area. We're not
certain of that; it's a possibility. We think it's arguable. However, if
that is determined, that Corps process can take 18 to 24 months to
complete. And I don't think we want to sit and wait for everything on
the north until that process is done.
My suggestion to you is to run it simultaneously. Run your first
phase to the north while pursuing the permits to the south at the same
time. And that way people get park facilities sooner rather than later
and we can move forward in tandem with these ideas.
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The benefits of this approach are creating development phases
consistent with available funding. It will allow scalability. For
example, the community center you see is a 10,000 square foot
community center. That's kind of where most of our community
centers end up. Doesn't mean you have to start there. Most of our
community centers are built in phases. Scalability also applies to the
multiuse fields or possibly even the indoor facility to the south.
Third is that it provides the time and the schedule to really fully
investigate the south piece. We know we can use that south piece for
water management. Orange Blossom Ranch has water management
rights to that water body, as does the county. It can be a joint facility.
Agnoli, Barber and Brundage has run the preliminary numbers to
determine that that lake size and shape would be suitable to accept the
receiving waters from Orange Blossom Ranch, from the county park
and from the future utilities site all in one body. So everybody benefits
here. But it's going to take some time to get that permitted and
designed. And in the course of that permit we'll be able to fine tune the
potential cost.
Does it make sense to create more land space down there or is it
too costly to create land space? We don't know exactly. Preliminary
numbers tell us that the creation of those additional 45 acres of land is
at or below what you currently have in your AUIR for the purchase of
parklands. So we think we're in the ballpark, pun intended, to get 45
acres of land reclaimed here. We'll know more as the project proceeds.
And lastly, I encourage you and everyone to look at this as this
master plan is a template. It's a template to work from and continually
look for ways to improve it. And your staff has already committed to
the community not just to get an approval and go forward, but to get
authorization and continue coming back to them and working with
them and sharing with them the progress and the process and continue
doing that as we go forward.
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That's the, believe it or not, the short version of the presentation.
And unless Mr. Williams has anything to add, I'd be happy to answer
any questions you might have.
CHAIRMAN FIALA: I'm going to take the liberty of just asking
one question before I go to Commissioner Hiller and then
Commissioner Nance. And the question is: When you're talking about
the lakes, did anybody suggest at all about remote control boats or
even the sailboats? It's wildly popular over at North Collier.
MR. HANCOCK: Yes. The lake -- and while it doesn't show up
as a particular use, there are probably 50 different things we could talk
about that could be built in this plan that require no space allocation
whatsoever. That's the beauty of unstructured space. A remote control
boating course could be done anywhere on that lake. And as you see
from the access through, you could have a pull-off, a few parking
spaces, a small dock or pier that goes out and voila, you've got it.
CHAIRMAN FIALA: Thank you.
Commissioner Hiller?
COMMISSIONER HILLER: Yeah. I'm so glad to finally see
this come before this Board in a concrete fashion. I remember when I
was first elected and actually before I was elected that citizens in
District 5 were very concerned that they didn't have a park and they
actually were coming to me and asking me as a candidate for this seat
if I would help. And I was very involved.
And then Commissioner Nance started getting involved long
before he was elected and took over the reigns on this project. And
then after he was elected he really upped the ante. And obviously, you
know, we have limitations because of funding, but now that situation is
working more favorably for us.
And I have to commend you, Commissioner Nance, for all your
efforts towards this project. It's been unbelievable.
Having said that, I want to ask staff to prepare an executive
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summary for me to name the park after him.
COMMISSIONER NANCE: Ma'am, let's see if we can agree
today to build the park.
COMMISSIONER HILLER: I'm not worried about --
COMMISSIONER NANCE: I don't want my name on a real
estate sign out there, okay? I thank you very much --
COMMISSIONER HILLER: I want that --
COMMISSIONER NANCE: -- but I think that's premature.
COMMISSIONER HILLER: No, it isn't. And let me tell you
why. Because we did that with Commissioner Fiala in her district and
it inspired the whole community to rally around the project. It's very
different -- you know, if you have something named as generically as
Big Corkscrew Regional Park, I mean, I don't know where that is. To
me that sounds like, you know, it's in the middle of the Everglades and
doesn't sound like a community park.
You know, his dedication, his initiative, his efforts need to be
recognized. And I would like to propose it. You can always vote
against it, Commissioner Nance, but I'm bringing it forward.
And I really think that it will make people in that community
aware that there is a major project for that community being advanced
by their Commissioner for the benefit of the children and the families
out there, which is very significant.
I feel we do need to reclaim that lake. I think we are wasting
land. You know, to dredge it, it will never be large enough to become
a sailing facility, for example, which is what the purpose of dredging
would be. If we keep part of it to accommodate the smaller electronic
boats, as Commissioner Fiala says, that's a smart idea. And there
should be a water feature. Water is a wonderful feature in any park.
So I do think that preserving some of it has both visual benefit as
well as the benefit of providing another venue for activities, as you
pointed out. I don't know how you come up with 50, but that's okay.
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I'll just be happy with Commissioner Fiala's suggestion.
On the other hand, land in Collier County is at a premium, and if
we can expand the available land at that park and have more baseball
and softball diamonds, you know, more soccer fields by reclaiming
part of that lake, then, you know, I think we should go for it. So I think
evaluating how to get back 45 acres as you're proposing should be a
priority in this initiative.
MR. HANCOCK: Thank you. One of the things we really
considered was buying land elsewhere, even if it were at the same cost,
we have proximity here. We have synergy of everything being
together.
COMMISSIONER HILLER: Exactly.
MR. HANCOCK: And it just makes tremendous sense.
So there is a reason for the size of the lake, it's to ensure that we
meet the water management requirements and demands of all of the
contributors. That will be fine-tuned but it will be done so in concert
with our partners which includes Orange Blossom Ranch and the
school to the south as well.
COMMISSIONER HILLER: And, you know, you'll have the dry
detention areas as well.
MR. HANCOCK: Yes, there will be -- and we've built in dry
detention areas within the plan as well in the future, so yes, we're --
COMMISSIONER HILLER: The bottom line is the more land
we can get and reclaim it from a shallow lake as opposed to dredging
as the alternative is the logical way to go.
CHAIRMAN FIALA: Thank you.
Troy, how many speakers do we have?
MR. MILLER: We have three.
CHAIRMAN FIALA: Okay, first Commissioner Nance and then
we'll call on the speakers.
COMMISSIONER NANCE: I would like to say that I've been
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involved with a lot of projects, but I would really like to commend the
Parks and Recs staff, and I would like to commend Stantec for the job
they did on public outreach on this project. I have been very, very
demanding of them in doing this. I think it's been a project that has
been coming for a very long time. There was a lot of public anxiety, as
Mr. Hancock has indicated, and they managed it very well. Mr.
Hancock has got a very affable demeanor and he did very well under
some stressful circumstances. And I think he put this together where
probably a few people could have done the job that he actually did. So
I will commend staff, Mr. Carnell and Mr. Williams and Mr. Hancock
for doing a really, really good job.
This is a project -- probably of all the projects out there as far as
infrastructure in my district is probably the most important project that
I know of out in District 5. And there's a lot of reasons for that.
They've just been without a park for so long. And of course, you
know, we've got almost 30 percent of the children and so many of
them are economically disadvantaged, and so these sorts of activities --
COMMISSIONER HILLER: Put up that chart that you sent us
all as a one-way communication. I think that's important. Do you
have that?
MR. OCHS: No.
COMMISSIONER NANCE: I have it here.
It's a little rumpled at this point. It's kind of been around the
block.
MR. OCHS: First page?
COMMISSIONER NANCE: Yes.
You know, these sorts of facilities have a disproportionate
importance to people who are economically disadvantaged because
they provide them places to go with their kids and so on and so forth.
So I think that the recommendation is very good on this and, you
know, we will get into the discussion on funding in a moment. But I
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would just like to say that it is very important. And I hope today we
can make the commitment to these kids. But before we get into the
deliberations on how we're going to accomplish it, I want to say this:
It's very important to me that we complete this project and that we
complete the Eagle Lakes project.
And the reason I say that is this demographic that I've got in front
of you, the same thing exists down there in Commissioner Fiala's
district. We need to get these pools in. Drowning is the number one
cause of death of very young children everywhere, and
disproportionately high in our community of Hispanic ethnicity.
So I think not only do we get a great infrastructure improvement
for recreation, but we can also try to make an impact on some of the
problems that we have.
So I don't want to dominate the conversation any more, I'd like to
go to the public speakers, then we'll come back and see if we can craft
a way to get this accomplished.
CHAIRMAN FIALA: Very good.
MR. HANCOCK: Madam Chair?
CHAIRMAN FIALA: When we come back, Commissioner
Taylor will be speaking and then Commissioner Hiller.
Speakers, please?
MR. MILLER: Yes, ma'am. Your first public speaker is Shirley
Cothran. She'll be followed by Dr. Joseph Doyle.
MS. COTHRAN: I'm Shirley Cothran and I live in Waterways.
And I'm in favor of this. I think that since they rebooted it, they
have listened to what the residents have wanted and have come up with
a great plan.
My concern is that the park shares the same zoning, at least phase
one, the Orange Tree PUD part, as the county fair. And one of our
concerns has been with noise that might be generated on the -- what
they were trying to do before, that was our concern too was the noise
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that might be generated from the park.
And I have tried to get the -- the county treats the fairgrounds and
the fairgrounds occupy the same zoning as the park will as agricultural
land, which is allowed to have 87 decibels, 24 hours a day, seven days
a week. In other words, you could have a lawn -- it's the loudness of a
lawnmower going round the clock.
The land itself is zoned for passive recreation, permitted use.
Passive recreation, government buildings, the fairgrounds and other
park and rides and things like that. Which is equivalent to institutional
land in the county -- or in the LDC.
Anyhow, I would just like some assurance that a few years from
now we won't be listening to 87 decibels coming from the park. And
-- but I think that's a county issue and not a -- not necessarily a design
issue.
There are two stages that concerns me of what -- and the space is
flexible -- what might be done in the future. And I just would like that
looked at.
And the fair did not -- when the county acquired the fairgrounds it
was in this community use zoning. The zoning was signed first, then
the county got deed to the fairgrounds. And anyhow, I think the
original zoning should stand. And I don't know how to get that done,
so I enlist your help.
COMMISSIONER NANCE: Ma'am, could you wait just one
second?
Mr. Hancock, could I ask you a question? Correct me if I'm
wrong, sir, but I know we had a number of Waterway citizens that
participated in the development of this concept plan. Isn't it true that
what we've done here in this initial concept plan is take into account
the buffers and the location of these activities to provide peaceful
enjoyment as much as practicable for Waterways? Hasn't that been
directly addressed?
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MR. HANCOCK: To the greatest degree we can, yes, sir. For
example, you see a significant use of walkways and trails down in this
area, creating a buffer of both physical space and distance.
Secondly, over here, the reason why the pool area is here is you
tend not to have nighttime activities in a pool. I'm not saying you
can't, I'm just saying it's not as typical as might be things such as, you
know, ball fields and so forth.
The community center, again, an indoor building. And you see a
lot more space down here with unstructured space of pathways and
walkways.
We also did something similar along the north where we have
Estates residents. Originally we had the fields tucked up pretty tight
against that northern border. What we did is we put additional rows of
parking here to create a little more separation there. In the end it's a
park and there's going to be the sound of children playing, please, and
so we've tried to create those buffers.
I think the concern that we heard consistently about the
fairgrounds more so was all hours of the night, unlimited throughout
the year type of thing, and I think we'll find that your park staff, we
don't find those situations in county parks throughout the system and I
don't think that this one will be operated any differently.
COMMISSIONER NANCE: Thank you.
Is that helpful, ma'am? I mean, I know you participated in this
quite a bit.
MS. COTHRAN: Yes. And they did, they put the buffers in and
so on. But I'm concerned about what goes on in the future. When the
fairgrounds came in they did not have concerts. The first concert -- the
first time they went to you guys for permission to hold a concert was in
the late Nineties, I believe. At which time the chairman of the counsel
didn't even know that the county owned the fairgrounds.
So it gets lost over time. I'm 3,000 feet away from the
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fairgrounds. The walls of my house vibrated a couple Sundays ago
from -- and I had the house closed. I just would like that the same
thing doesn't happen. If they're having some sort of tournament at the
multiuse fields, that they don't have amplified sound that's so loud.
They can have amplified sound, that doesn't bother me, as long as it
stays at residential levels.
CHAIRMAN FIALA: Let me tell you just from a little
experience. Commissioner Nance referred to Eagle Lakes Community
Park. We have a lot of soccer fields there, a lot of them. And we have
a huge Hispanic soccer group. I mean, all ages. And they monopolize
the park at night. It gets families out to play together and enjoy life.
And I go there a lot. And I want to tell you, we never get a complaint
from any of the neighbors, because they're playing in the park. And of
course when the park closes at 9:00, it's not like they're having
fairgrounds or anything, it's a whole horse of a different color. And I
think that you have planned this around that.
Plus you've got a lot of buffers. And we don't even have those
buffers and yet that noise is not at all disruptive to the rest of the
neighbors. So I just want to throw that on the table.
MS. COTHRAN: My neighbor on the other side of the street is
the Corkscrew Middle and Elementary Schools. The kids playing on
the playgrounds do not bother us at all.
CHAIRMAN FIALA: That's good, because we should have kids
playing on the playgrounds.
MS. COTHRAN: Yes, except --
CHAIRMAN FIALA: That's what it's all about.
MS. COTHRAN: -- one seven-year-old girl that screams at the
top of her lungs. Every year there's one.
CHAIRMAN FIALA: That we'll never be able to do.
But I think it's the sound of happy families playing together.
MS. COTHRAN: Yes, yes.
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CHAIRMAN FIALA: Thank you.
MS. COTHRAN: And that's -- and not the bass hitting the house.
CHAIRMAN FIALA: Okay, next, please?
MR. MILLER: Your next speaker is Dr. Joseph Doyle. He'll be
followed by Murdo Smith.
DR. DOYLE: Good morning, Commissioners, Dr. Joseph Doyle.
I think it was a wonderful presentation and a thoughtful process
and thoughtful design. Of course I'm here to talk about the money.
The executive summary indicates that this project will cost
between 40 and $50 million. I saw the three phases here described. I'd
like to know how much phase one would cost. Because I understand
there's $9 million already in the kitty from impact fees, which is fine,
to get started.
I saw the staffs recommendations regarding trying to issue bonds
for this and do this all upfront over a three-year period, which I guess
would take into account the two-year permitting process with the
Corps of Engineers.
My problem is this: We have wants and needs. This is more in
the want category. I understand there's need from the standpoint that
the families out there need a park. But we do have a lot of parks
around Collier County.
But Commissioner Nance, if we're looking at needs, we're
looking at bridges and other priorities that you discussed in the budget
discussion. I think we really still need to take those into consideration
again in the face of a potential economic downturn.
And if we have a downturn, who is going to pay for the bonds if
we issue bonds? Well, there won't be new construction, there won't be
new impact fees coming in. So that debt burden, debt payments would
be made by the people who live on the coast. So I think that needs to
be taken into consideration of issuing debt.
I think if we have wants, we pay as we go; that's what I'm
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thinking we should do here. If we have needs, such as bridges and
stuff, you could justify some debt, even though I'm against debt, but
that would be for absolute needs. Thank you.
COMMISSIONER NANCE: Dr. Doyle, I want to respond to you
respectfully, and I appreciate your comments. And you know that I'm
a conservative.
The people that are going to be using this park transferred $23
million of their money to build the parks in your district. You're
benefiting from the parks that these people have already paid for.
So I'm going to ask you: Who paid for your park? These people
did. These people deserve to have a park. And if you have to give a
little bit of that money back, it's your turn, sir, okay?
DR. DOYLE: Well, first of all, we're in Pelican Bay, we're a
donor community for operating expenses --
COMMISSIONER NANCE: Your parks were built with $23
(sic) in impact fee money from these people.
DR. DOYLE: A lot of our parks were built by Westinghouse
donating money way before in the late --
COMMISSIONER NANCE: I understand. I'm just telling you --
DR. DOYLE: -- has nothing to do with current residents.
COMMISSIONER NANCE: -- it's a matter of fact, $23 million
came out of this district to build some parks over in --
DR. DOYLE: I'd like to see those figures. I'd like to see that.
Because I don't believe it.
COMMISSIONER NANCE: You come to my office and I'll give
them to you. I know it well. Thank you.
DR. DOYLE: I don't believe it.
CHAIRMAN FIALA: One of the needs, I think -- thank you, Dr.
Doyle.
One of the needs that we're filling is we're getting kids into a
wholesome and safe environment rather than hanging around street
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corners. They're actually finding things to do together and with their
families and not hanging around trying to figure out what they can do
with their extra time. I think it is definitely a need. It's not just a want,
it is a need. Thank you.
MR. MILLER: Madam Chair, your final speaker on this item is
Murdo Smith.
CHAIRMAN FIALA: Thank you.
MR. SMITH: I guess it's still morning. Good morning,
Commissioners, I'm Murdo Smith with the Collier County Parks and
Recreation Advisory Board.
I just want to mention that I think that Steve Carnell, Barry
Williams, Mr. Hancock did a great job with getting community input
into this park. I think it's unprecedented what they did.
I have just one basic request, is that in the process of when this
park is being tweaked and finally constructed and all the specifications
are made, that we could possibly bring it back to the Parks and
Recreation Advisory Board for review at say like the 20, 30 or
whatever it is, so that we can put our input? Because we have a lot of
specialized people on the advisory board that could give comments and
so forth of how these facilities could be constructed. And I just want
to ask if that could be done.
COMMISSIONER NANCE: Yeah, Mr. Smith, thank you very
much for your input. I assure you, the citizens out there are very
anxious to participate in the design phase and I fully expect that the
advisory board will be giving their best work. And thank you for your
continued service.
MR. SMITH: Thank you.
CHAIRMAN FIALA: Thank you.
Okay, now, back to our commissioners. We start off with
Commissioner Taylor.
COMMISSIONER TAYLOR: I just wanted to compliment
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Stantec and Tim Hancock in particular in the way you have come in
and made this right. You know, I also, like all of us, receive the calls
and the emails and the material isn't going out in other languages, other
people speak other languages here, we need this. And we placed a call
to your office and it was done. There were no more calls about foul
play or what was wrong. You turned an entire project around and
made it a positive expression of the residents there. And you are to be
commended for that.
MR. HANCOCK: Thank you. And I would be incredibly remiss
in taking all the credit for that. Commissioner Nance's office, Jim
Flanagan, was an amazing resource. The Golden Gate Estates Civic
Association put the word out every chance they could. They were
amazing. The Collier County Multicultural Alliance, Mary Ellen Cash,
was very helpful in bringing things in. Barry Williams even reached
out to meet with a group of Haitian ministers to make sure their
community was being represented. And the 4-H Club, their kids must
have pounded the survey hard.
So while I greatly appreciate your comments, I was -- I had the
pleasure of serving as the tip of the spear. And this was a real
community plan. And I'll be honest, sometimes I felt like I was along
for the ride. But I thoroughly enjoyed it.
Stantec will not be able to proceed with the design of the park
because we were involved in the creation of the master plan, but I have
been engaged to continue being, if you will, the connective tissue
between the public and what goes forward, and I look forward to
continuing to update the community and continue to kind of be that
connective tissue to make sure that communication that is so desirous
by your Parks staff continues. It's been a hallmark of this project, and I
thank you very much for your words.
COMMISSIONER TAYLOR: You're welcome. Well deserved.
CHAIRMAN FIALA: Commissioner Hiller?
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COMMISSIONER HILLER: Thank you.
You know, as this design actually evolves, a couple of things that
we should keep in mind is to, in the design of the pools, think about
competitive swimming in that area. And the opportunity for also
having a stad-- not a stadium, but viewing of any competition that
could possibly take place out there.
We really are having tremendous growth in the swimming
community. And because we have such great weather rear round we're
seeing Olympic athletes come down here to train.
I would recommend that you talk to Kevin Erndl and Erika Erndl
who founded T2, and they're training future Olympic athletes at the
pool by Community School. So that's one.
And then the other thing that I'd like to bring out is football, youth
football. And if we are able to reclaim some of that lake we should
consider the possibility of providing a youth football field. Because
granted, there are the schools, but if we could do something within the
park that would allow for these kids to play that sport as well. I mean,
we're very good about catering to these different sports, but youth
football is really growing very significantly beyond just the public
schools in Collier County. And, you know, we had that presentation a
few months ago by that youth football group.
COMMISSIONER TAYLOR: FBU.
COMMISSIONER HILLER: Thank you, FBU. And they were
bringing in all these teams to compete, you know, again beyond the
school. So I think we should consider the emergence of those sports in
this community when we start looking at the other opportunities that
might exist as we reclaim the lake and actually configure the space.
COMMISSIONER NANCE: Commissioner Hiller, I think the
multiuse fields, they are contemplated for soccer, football and
Lacrosse, actually, field sports like that.
COMMISSIONER HILLER: That's great. I mean, and if
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football -- but, you know, again because we -- you know, as you
properly pointed out in your statistics, I mean, there is such a large
population of children, that while it might be multiuse, you're going to
have so many competing interests. And I know from my experience
with the North Naples Regional Park, competing interests do become a
problem, you know, because you do want to make everyone happy and
if there's limited space and, you know, everybody wants to play soccer,
everybody wants to play baseball at the same time it's problematic.
So to the extent that you can have alternatives and maybe
multiple multiple-use fields of use, however you want to do it. I just
think we need to keep that in mind.
And I'm glad to see that you're already contemplating those three
sports, but I think we need to look at a little beyond that, just because
of what has come before this Board most recently.
MR. HANCOCK: And Commissioner Hiller, one of the reasons
you see eight multipurpose fields, I've learned, don't call them soccer
fields, because it's not all about soccer. The youth football group did
show up and they were a part of our process. And a regulation
full-sized soccer field can accommodate both Lacrosse and football.
COMMISSIONER HILLER: That's great.
MR. HANCOCK: And so the reason why you see eight fields up
there is not because we feel like they are going to be eight soccer
fields, but we have Lacrosse, football and soccer plus with natural turf
grass you have to give the grass rest periodically. So you can't use
them 24/7 -- no, don't worry, not 24 hours, just kidding. You can't use
them seven days a week, 52 weeks a year.
See, we've got such a good relationship. It didn't start off that
way, did it?
Really, the folks that -- I'm looking forward to watching the thing
come out of the ground. It's going to be beautiful.
But the reason why we have eight fields is rotational issues,
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multi-sport issues and so forth and they are designed to accommodate.
Now, if we can get more land out of that lake and still meet the water
management needs of all the contributors, that's something I think at
that time you can look at it.
COMMISSIONER HILLER: I defer to you guys on this.
The other thing I want to talk about is the issue of noise. I do
think it's extremely important that the noise standards be such that the
surrounding neighborhoods are considered. And the reason I say that,
not only because of who's existing out there, but from what I saw in
my district is once the park was built, we did see a tremendous amount
of new development pop up. And essentially the park became the
magnet for so much community development, family development that
I think we have to be very sensitive to that. Because, you know, what
you don't want to have happen is that the area around the park not be
developed because people are concerned about noise.
So whatever we have to do as a Board, and there's no guarantee
what a future board will do or could do because we can't bind future
boards, everything is subject to change, as you well know, since you
were accused of binding a board into posterity. Obviously could never
happen.
I think that if at least we do something and continue to design in a
way that is sensitive to all potential surrounding development, even on
the back side where those fields are, I don't know what the zoning is
behind those fields, but I think -- I mean, the issue of noise, parks and
future residential development has to be one of the highest priorities.
CHAIRMAN FIALA: Thank you.
And Commissioner Henning?
COMMISSIONER HILLER: Can you bring back the fairgrounds
contract so we review it to make sure the uses and the zoning are not
such that -- I mean, I'm very disturbed by the fact that we had a
speaker that said that her walls are shaking from bass. I mean, I
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personally love bass but I don't know if I'd like my walls to shake.
COMMISSIONER HENNING: How much is the estimated cost
for phase one?
MR. HANCOCK: Well, the phases I described to you today have
not been broken down specifically by cost, because it really comes
down to a menu of what you want to plug into it.
One of the things you can't get away from is you can't get away
from your -- the site civil design, clearing, grading, irrigation and so
forth. So, you know, you've got probably a few million dollars just to
get your infrastructure in there.
So on top of that I will defer to your staff as to priorities, but --
COMMISSIONER HENNING: So the recommendation: The
Board of Commissioners directs staff to continue with the design,
permitting, phase, construction -- there's got to be a fiscal impact in
there. Somebody must have hopefully taken a look at what it's going
to cost.
MR. OCHS: Got it right here, sir.
COMMISSIONER HENNING: We already know that it's $50
million. But you're saying it's a phase. Is this the phase ranking?
What is this?
MR. WILLIAMS: Commissioners, this is a list of the amenities
that folks had asked for in the park. And it's an eye chart for you, I
apologize for that.
Just to answer your question, in initial phase, and typically when
we phase parks or have phased parks historically, if you look at the
upper 49 acres, that first phase, you would see that phase broken -- it
could be broken up into two segments where you would build the
community center for the soccer fields, the hard courts, the parking, the
civil work, all those things. That initial cost is estimated at 14 to 16.6
million.
COMMISSIONER HENNING: And we don't have that money.
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February 23, 2016
MR. WILLIAMS: We have nine million in the bank. We know
that we're getting four million a year. You know, it's going to take you
a year and a half, good year and a half before you're ready for
construction, you're going to be able to accumulate some of those
funds. But that first initial phase is roughly that $16 million.
If you did the entire 49 acres that included the swimming pool,
the IWF, the other four soccer fields, you're looking at roughly $28
million.
That third phase, things south of the canal, that's where you're
getting into this when we're talking about 40 to 50 million, you know,
the third phase is really going to need some work on our part in terms
of trying to determine what it will take to reclaim the lake. We don't
have a good estimate of that, so we gave you a range with that.
So your decision points is roughly if you wanted us just to move
forward with the initial phase, what I would tell you today is we have
the money -- will have the money in the next couple of years if we
continue to appropriate funds towards it.
COMMISSIONER HENNING: And that's the recommendation,
what they're asking, is to --
MR. WILLIAMS: We're wanting some direction whether you
would want us to consider just phasing the park over time as we have
money or look at the potential for debt service to try to either build the
entire first phase, all the elements in the 49 acres initially with -- or
potentially the whole park, if you wanted us to bond out for 40 to 50
million and try to build the whole thing.
MR. OCHS: Commissioners, also just to put this in total context,
and Commissioner Nance mentioned this a little bit earlier, there's also
the matter of the Eagle Lakes swimming pool that is in design now,
almost ready for construction bidding. That estimate is about
eight-and-a-half million dollars to do that project. There's about 5.5 in
that project budget at this point in time. So that $4 million of new
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impact fee regional park money that comes in annually could go to one
or the other or allocated in some pro rata fashion at both of these
projects, if you decide to continue on a pay and go basis.
COMMISSIONER HILLER: If you did the proration, have you
done the -- where is Mark Isackson?
Mark, have you done an analysis to see, you know, given the
revenues that are coming in if we did a pro rata allocation between the
cost of Eagle Lakes and let's say phase one of this park where we
would be?
And phase one would include again what? What would phase one
include of those costs here that you have listed?
COMMISSIONER NANCE: That's phase one.
COMMISSIONER HILLER: Is that all of phase one? The 28
million?
MR. WILLIAMS: Phase one, this entire section here in the 49
acres, the entirety of phase one would be somewhere in the range of 24
to $28 million.
COMMISSIONER HILLER: Okay, so let's be conservative and
say $30 million at the highest side on phase one.
And then how much do we need on Eagle Lakes?
MR. OCHS: You need another three.
MR. WILLIAMS: Another three.
COMMISSIONER HILLER: Okay. So basically 33.
So let's -- again, just being very, very conservative, if we're
looking at essentially $35 million in bonding -- and the amount of
money we have coming in is four million a year?
MR. ISACKSON: Commissioners, if you look at impact fee fund
346, you've got a current 2.9 to $3 million debt service payment when
you issued bonds back in 2005, $40.6 million to construct the North
Collier regional facility. That expires 10 years hence in 2025, '26.
So when you look at the net after all of that, that's what we've
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been talking about here collectively, is $4 million, roughly. That's
what you've got available to parcel out to projects on a pay-as-you-go
basis.
COMMISSIONER HILLER: Beyond the North Collier debt.
MR. ISACKSON: Yes, that's correct.
COMMISSIONER HILLER: So $4 million leveraged today
gives us maximum how much?
MR. ISACKSON: Well, let me, if I can --
COMMISSIONER HILLER: I don't believe we're going to need
all of it, but I'm just asking what's the maximum obligation that we can
take on, given that we know we have $4 million a year available for
debt service.
MR. ISACKSON: Let me ask the County Manager to throw up a
few charts for you that can probably get at the heart of your question,
Commissioner. If I can find them here.
CHAIRMAN FIALA: Commissioner Henning, were you
finished?
COMMISSIONER HENNING: No, but that's -- that's fine.
CHAIRMAN FIALA: And then Commissioner Taylor, you're
next, and then Commissioner Nance.
COMMISSIONER TAYLOR: Thank you, Chairman.
MR. ISACKSON: Now, the all-important goal of course is to try
and self contain the impact fee trust fund. So if we issued debt, let's
say we issued -- that chart shows 10-year, 15-year and 20-year debt
issuances at various capacities. So you've got a $50 million bond on
one side and a $75 million bond on the other side.
If you take 50 million and you amortize it over I think the
agreement's 20 years, you've got about a $3.5 million debt service
payment.
That's workable within the confines of the existing net available
revenues that you have in impact fee fund 346 without the general fund
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February 23, 2016
making a contribution to the debt service fund.
COMMISSIONER HILLER: However, we --
COMMISSIONER HENNING: Assuming growth is going to
continue at $4 million of revenue.
MR. ISACKSON: Right. That's assuming --
COMMISSIONER HENNING: For 10, 15 or 20 years.
MR. ISACKSON: That's right.
CHAIRMAN FIALA: Thank you.
Commissioner Henning, did you want to finish your comments?
COMMISSIONER HENNING: And again, and this was on the
prior item, we need to prioritize your capital infrastructure and be
prepared, like we wasn't prior, that there will be a downturn.
COMMISSIONER TAYLOR: That's right.
CHAIRMAN FIALA: Thank you.
And Commissioner Taylor?
COMMISSIONER TAYLOR: You know, I'm very impressed
with the process, I'm very impressed with the input from the residents
and I honor that. And I'm not saying this to put any water on any
ideas. However, we have paid -- we now have consultants coming
back to us to talk about what we need countywide in our parks. We've
paid that consultant to come back. I believe the report will be -- I think
staff looks at it in April. I think it's going to be discussed in May.
So I know we're -- we have to consider this. Because if we're
talking about countywide what we need to promote our economic
vitality, which is pretty much why we're doing this in the sports area, I
think it's a factor that needs to be brought into this. Does this say that
we stop this? No, no, no, no, no. It just says it has to be considered in
all of this.
The other thing I wanted to say to the neighbors, I live in Lake
Park. Lake Park is next to Fleischmann Park, they have ball fields, it's
next to the zoo and Naples High School. And I can assure you that
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February 23, 2016
over time -- I'm not saying it's right away, but when those lights go on
in the ball field, it was like what's going on here? Now I listen for the
drums of the drum corps at Naples High School. And I love to hear
people cheer when I know these -- it's children that are playing on
these fields. And, you know, the roar of the lions at the Naples Zoo is
just home for me. So I don't find it obtrusive, I find it reminding me
that we live with children and life and it --just as what you said,
Chairman Fiala, it's a wonderful, wonderful asset to a community.
MR. OCHS: Madam Chairman?
CHAIRMAN FIALA: Yes, sir.
MR. OCHS: If I may, and again, not to -- in the interest of time,
we're not asking you to make a decision on pay-go versus financing
today. We can certainly develop those options for you as we move
into your summer budget workshops.
What we would like to do is get your concurrence on this master
plan, allow us then to go out to the market to acquire a design
consultant and bring that contract back for Board approval while we're
working on the various financing options for the project itself.
As Barry said, you won't be turning dirt for at least a year on this.
So we could deal with some of those finance options and let you
analyze those over the summer as part of your budget review if you'd
like to --
CHAIRMAN FIALA: Very good.
MR. OCHS: -- move this on at this point.
CHAIRMAN FIALA: And, you know, all I'm hearing are
positive comments. I think that you're seeing everyone in support.
I would like to end this with Commissioner Nance, because this is
his project.
COMMISSIONER NANCE: No, I believe that that's a very good
methodology to go forward, and I will make a motion to approve the
conceptual plan of the park and direct staff to bring back some options
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February 23, 2016
for paying for it in phases.
But I would also like to ask staff to bundle the financing issues of
this park together with the completion of Eagle Lakes Community
Park so that we can take a look at these two projects as a fundamental
need.
COMMISSIONER HILLER: And I'll second that.
CHAIRMAN FIALA: Okay, thank you very much. And --
COMMISSIONER HILLER: I just want to have one point of
discussion.
CHAIRMAN FIALA: Make it quick, though.
COMMISSIONER HILLER: I will.
The noise is not about the kids playing, not about the drum bands
for a game or anything like that. It's about a concert. You know, it's
like having Rob Zombie out there, okay. So I think that issue does
have to be contemplated, because there will be development. And we
need to make sure that -- you know, no one is offended by children
playing, no one is offended by a child's band, but I think there is reason
to be concerned about other types of entertainment that could raise the
noise level that would make it a problem.
We've had issues with -- I mean, we're hearing now an issue now
with the fairground, we've had issues with dog parks. People do need
to have peace and quiet where they live.
COMMISSIONER HENNING: Here we go again. I mean, we
have the Swamp Buggy grounds that moved at its historical location at
Radio Road down to 951.
COMMISSIONER TAYLOR: They're being thrown out of there.
COMMISSIONER HENNING: We've had the 4-H park for the
last 30 years. And historically whether it be Swamp Buggy grounds or
the 4-H park, you have people move in around it and then complain
about it.
CHAIRMAN FIALA: Along with the airport.
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February 23, 2016
COMMISSIONER HENNING: And the airport. So here we go
again.
COMMISSIONER TAYLOR: May I ask one -- we haven't voted
yet, right?
CHAIRMAN FIALA: No.
COMMISSIONER TAYLOR: Okay. And maybe after the vote
just another -- see if I have another support for another --
CHAIRMAN FIALA: Does this concern the vote on this?
COMMISSIONER TAYLOR: I'd like to keep it separate if I
could, but it does concern this, yeah.
CHAIRMAN FIALA: I have a motion on the floor and a second.
All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: And that is a 5-0 solid vote.
MR. OCHS: Thank you, Commissioners.
COMMISSIONER TAYLOR: Okay. And then I'd like to see --
and this isn't -- I'm a swimmer, okay, and I love competitive
swimming, but I would like to see staff come back to us with not only
the cost of building these facilities, these water facilities, but the
maintenance going forward. So that we really understand what we're
addressing --
COMMISSIONER HILLER: We always --
COMMISSIONER TAYLOR: -- to maximize -- you know, to
maximize the designs going forward so we understand that pools like
boats are big holes in water that you pour a lot --
COMMISSIONER HILLER: Well, one of the things --
COMMISSIONER NANCE: They're holes of water.
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February 23, 2016
COMMISSIONER TAYLOR: Holes of water, yeah.
COMMISSIONER HILLER: They always incorporate the cost
of operations in all of--
COMMISSIONER TAYLOR: I'd like to have the reality of what
we're looking at --
COMMISSIONER HILLER: We always do that.
COMMISSIONER TAYLOR: -- what we're spending right now
as a county on our water facilities to understand how we design them
smarter and greener going forward.
CHAIRMAN FIALA: Thank you very much.
COMMISSIONER TAYLOR: Do I have support for that?
CHAIRMAN FIALA: We have a solid vote and we've got nine
minutes left. I don't know if we can handle anything else in that nine
minutes.
COMMISSIONER NANCE: Sure we can.
COMMISSIONER TAYLOR: Do I have support on that? I just
want to make sure --
COMMISSIONER HENNING: I support that.
COMMISSIONER HILLER: Yeah, that's what as a matter of--
COMMISSIONER TAYLOR: Okay, I'd like to make a motion --
COMMISSIONER HILLER: -- it's board policy.
COMMISSIONER TAYLOR: -- to that effect.
COMMISSIONER NANCE: I'll second it.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN FIALA: All in favor?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Opposed?
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February 23, 2016
(No response.)
CHAIRMAN FIALA: Good.
MR. OCHS: Would you like to handle the charter school issue?
CHAIRMAN FIALA: Yeah, let's do that.
Item #1 1 C
DIRECT THE COUNTY ATTORNEY TO ADVERTISE AND
BRING BACK TO THE BOARD AN ORDINANCE THAT WILL
IMPLEMENT A SIX MONTH MORATORIUM ON NEW
APPLICATIONS FOR DEVELOPMENT ORDERS FOR NEW
CHARTER SCHOOLS IN ALL COMMERCIAL, RESIDENTIAL
AND ESTATES ZONING DISTRICTS, AND DIRECT STAFF TO
DEVELOP AND BRING FORWARD GROWTH MANAGEMENT
PLAN AND LAND DEVELOPMENT CODE AMENDMENTS
REGARDING THE PROCESS FOR CHARTER SCHOOLS TO BE
DEVELOPED WITHIN ALL COMMERCIAL, RESIDENTIAL
AND ESTATES ZONING DISTRICTS. NOTE BY COUNTY
ATTORNEY: APPROVAL OF THIS ITEM WILL IMMEDIA TEL Y
COMMENCE THE MORATORIUM PERIOD PENDING FUTURE
BOARD ACTION ON THE ORDINANCE — APPROVED
MR. OCHS: That is Item 11.C, Madam Chairman. It's a
recommendation to direct the County Attorney to advertise and bring
back to the Board an ordinance that will implement a six-month
moratorium on new applications for development orders for new
charter schools and all commercial residential and Estates zoning
districts.
COMMISSIONER TAYLOR: Make a motion to approve.
COMMISSIONER HENNING: Second.
CHAIRMAN FIALA: Any comments? Commissioner --
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February 23, 2016
MR. MILLER: I do have a public speaker.
CHAIRMAN FIALA: Okay, thank you.
Do you want to speak after the public speaker?
COMMISSIONER NANCE: I'll speak after the public speaker. I
just want to make a couple comments.
MR. MILLER: Rick Vanasse.
MR. VANASSE: Good morning, Commissioners, Patrick
Vanasse with RWA Certified Planner.
I'm here on behalf of some clients that are looking for property for
an elementary and middle school charter school. They don't object to
the moratorium. In fact, when they contacted us they thought they
would be going through the private school process and have to go
through a conditional use.
So the only thing we would ask you to consider today is if you
pass the moratorium, to maybe put an exemption in there that would
allow schools that -- charter schools that voluntarily go through the
conditional use process to move forward. So if it does take six months
they don't have to wait for six months. And that's it.
CHAIRMAN FIALA: Commissioner Nance, would you like to
make a comment?
COMMISSIONER NANCE: Yes. The -- I think what we have is
we have a very narrow unintended gap in providing guidance for
charter schools. It is very clear that the law has provided that charter
schools and public schools are to be treated equally.
But what we have is we have through Florida statutes and through
interlocal agreements, we have a process for the Collier County district
schools that for some reason has not been converted into charter --
guidance for and process for charter schools when they come forward.
The County Attorney has opined that he believes that a minor
change to the LDC requiring charter schools to adhere the same
development requirements that the Collier County Public Schools
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February 23, 2016
currently have could quite likely be sufficient. And I also think that
our coordination with Collier district schools, when they grant their
permission going forward to charter schools, to also reinforce that the
expectation is that those guidelines, similar to what they have in their
Interlocal Agreement, is what is expected. I think that will be
adequate. And hopefully this can be done in much less than six
months, as the County Attorney has suggested.
So I'm going to -- we already have a motion for approval and a
second. So I'm going to certainly support that.
CHAIRMAN FIALA: And one of the things I want to mention,
I'm so glad that we're going to be doing this. One of the problems that
we've had with the charter schools is they're very popular. But when
they're located in an area where there's no convenience for parking and
they tie up all the traffic, people can't get into the businesses or can't
get down the street, we have to take that into consideration. If that
happens in a neighborhood, people won't even be able to get out of
their driveways.
So I'm so glad that we're going back to study this before we make
any final decisions.
So with that, we have a motion -- oh, Commissioner Henning?
COMMISSIONER HENNING: Yeah, unlike public schools,
charter schools is a somewhat different animal in its traffic patterns.
You're not going to see buses taking busloads of kids to school. You're
going to have parents taking kids to school. So you're going to have
more traffic impacts with a charter school than you will a public
school. So it's very key that locational (sic) is important.
COMMISSIONER TAYLOR: If anybody wants to question
what traffic patterns are, just go take a look at the charter school on
Horseshoe.
CHAIRMAN FIALA: The one on Radio and Airport too. They
just -- I mean, it's wonderful that they do that, but like you say, it's not
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February 23, 2016
busloads of kids, it's individual cars bringing them all there. So I think
we're all singing in harmony here.
And with that, we have a motion on the floor and a second. All in
favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Thank you very much. I know we didn't
act on your suggestion, Mr. Vanasse, but that is our motion. Thank
you.
Item #11D
AWARD ITB #15-6522 - TOURIST FULFILLMENT SERVICES
TO PHASE V OF FLORIDA, LLC. AND MAKE A FINDING
THAT THIS ITEM PROMOTES TOURISM - MOTION TO
APPROVE WITH THE STIPULATION THAT ANY SPENDING
ABOVE $75,000 COME BACK TO THE BOARD FOR
APPROVAL — APPROVED
MR. OCHS: Madam Chairman, you have one more item under
County Manager's report. Commissioner Taylor moved this forward. I
think we may be able to handle it before your break.
It's a recommendation to award a contract for Tourist Fulfillment
Services to Phase 4 of Florida, LLC and make a finding that this item
promotes tourism.
Commissioner Taylor, if we could address a concern --
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February 23, 2016
COMMISSIONER TAYLOR: Yes, that we don't know what
we're -- what the award is. We have estimated annual award that we
don't understand what we're -- there's no fiscal impact. It just says
there's enough funds there. But without understanding how much this
is, I don't know how we can approve it.
The other issue is when this went out for -- initially. And I think
it was pulled at the last meeting because I have the same problem,
because we don't really know what the bid was, the information in our
last agenda indicated a budget amendment of 124,000. That does not
appear in this particular iteration of this item.
However, my issue at the time is it went out to bid for -- it was
written as to vendors who may be interested in it, it said that
traditionally the amount was $75,000.
MR. OCHS: Yes, ma'am.
COMMISSIONER TAYLOR: Right?
MR. OCHS: Yes.
COMMISSIONER TAYLOR: Where in the executive summary
that we received at our last meeting it said the budget amount was
124,000.
So my question would be the folks -- there was one bidder that
responded because the other one said that they can't do this kind of
thing, they can't fulfill and store at the same time.
So my question was, well, if it had gone out for 124, then
approximately 75 we normally spend, would more have come to the --
come up there? We don't know that.
But right now, now that we've got a different executive summary
that doesn't talk about that amount, 124,000, my question or my
request of this Board is to say let this go forward, if it goes over 75,000
it has to come back before us as for approval.
MR. OCHS: Commissioner, we're as a staff in complete support
of that recommendation. We don't intend to spend more than 75,000
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February 23, 2016
and would be pleased to bring it back to the Board if we had some
urgent need to do that.
COMMISSIONER TAYLOR: Thank you. Then I'm very
satisfied. That makes it fair for everyone.
CHAIRMAN FIALA: And the motion is?
COMMISSIONER TAYLOR: The motion is that we
recommend that this goes forward, that any spending over 75,000 must
come back to this Board for approval.
CHAIRMAN FIALA: Second?
COMMISSIONER HENNING: Second.
CHAIRMAN FIALA: Second, okay, by Commissioner Henning.
All those in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
MR. OCHS: Thank you, Commissioners.
COMMISSIONER HENNING: Why don't we take that last item
that we have?
COMMISSIONER TAYLOR: What's our last item? And that's
it?
CHAIRMAN FIALA: Yes.
COMMISSIONER TAYLOR: Oh, my gosh, let's do it. And we
come back for public comment at 1:00?
MR. OCHS: You can do your public comment right at the end of
this item, if you'd like.
COMMISSIONER TAYLOR: Okay, let's do it.
MR. OCHS: You want to proceed, Madam Chair?
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February 23, 2016
CHAIRMAN FIALA: Yes, please.
Item #12A
APPOINTING ONE OF ITS OWN AS ITS REPRESENTATIVE
FOR THE UPCOMING REQUIRED MEDIATION WITH THE
NORTH COLLIER FIRE AND RESCUE DISTRICT IN THE
MATTER RELATING TO THE PENDING CASE OF NORTH
COLLIER FIRE CONTROL AND RESCUE DISTRICT V. BOARD
OF COUNTY COMMISSIONERS OF COLLIER COUNTY, CASE
NO. 15-CA-1871, NOW PENDING IN THE CIRCUIT COURT OF
THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER
COUNTY, FLORIDA, AUTHORIZE THE REPRESENTATIVE TO
NEGOTIATE ON BEHALF OF THE BOARD, AND TO BRING
BACK ANY PROPOSED SETTLEMENT TO THE BOARD FOR
THE BOARD'S REVIEW AND CONSIDERATION — MOTION
TO APPOINT COMMISSIONER HENNING — FAILED
(COMMISSIONER FIALA, COMMISSIONER HILLER AND
COMMISSIONER HENNING OPPOSED); MOTION TO
APPOINT COMMISSIONER NANCE WITH WAIVER OF ANY
STATUTORY DEADLINES — APPROVED; MOTION
EXTENDING THE COPCN UNTIL MARCH 31, 2016 AND
WAIVING ANY STATUTORY DEADLINES — APPROVED
MR. OCHS: Then you have Item 12.A under your County
Attorney's Report. And this is a recommendation to consider
appointing one of the Board members as its representative for the
upcoming required mediation with the North Collier Fire and Rescue
District in the matter relating to the pending case of North Collier Fire
Control versus Board of County Commissioners.
And I'll turn this to County Attorney Klatzkow.
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February 23, 2016
MR. KLATZKOW: Yeah, the final step in this
intergovernmental dispute process is remediation. It would be my
recommendation that you appoint one of your own to do whatever
negotiations there are to bring back to the Board a possible resolution.
And the dates will be dependent upon your calendar and the calendar
of the other representative.
And the discussions have been that we will hold them in this
building, probably in this room, in fact.
And I would also ask that you waive any statutory deadlines as
we have sort of passed those statutory deadlines during the process.
CHAIRMAN FIALA: You know, I would like to suggest as the
Chairman that we -- as we choose one of us to represent our concerns
we have to also make sure that we try and stay away from anybody
who, you know, has any ties or anything to these issues. Because we
want to make sure we go in on a fair and unbiased point of view. And
so, you know, they deserve that and we deserve that. So that is my
suggestion.
And now I've got a couple lights on.
Commissioner Taylor?
COMMISSIONER TAYLOR: I'd like to nominate
Commissioner Henning. I believe he understands the issue. As hard
as it is, I would agree with you, the impartiality is very important, but
we are very involved in this anyway and I think Commissioner
Henning has a deep understanding of the issue, having been serving
this community for over 10 or 12 years, I believe. And --
CHAIRMAN FIALA: And I was going to nominate
Commissioner Nance because I felt that he's removed from it. And
then I've been asked -- well, I'd even been asked something else.
Go ahead, Commissioner Hiller.
COMMISSIONER HILLER: Yes, I nominate Commissioner
Nance as well. So I would either nominate Commissioner Fiala or
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February 23, 2016
Commissioner Nance to negotiate.
But then the concern I have is that we're back in the situation
where the COPCN is expiring. We've given them an extension at the
end of this month. And yeah, I think we need to tackle it and I think --
CHAIRMAN FIALA: Let's do this, and then we will definitely
take it up before we leave this dais right this moment. Because in my
opinion it must be extended.
COMMISSIONER HILLER: Absolutely. And I agree about
with you, because otherwise --
CHAIRMAN FIALA: Let's hit that next.
COMMISSIONER HILLER: Okay.
CHAIRMAN FIALA: And I know I've had a couple other people
ask me, because they feel that I don't have a dog in this fight at all. So
that's up to you.
Now, Commissioners, we've got a couple names, Commissioner
Nance --
COMMISSIONER HILLER: You've got three names.
CHAIRMAN FIALA: -- and my name even.
So what is your pleasure? And Commissioner Henning as well.
So that's three names.
What is your pleasure, Commissioners?
COMMISSIONER TAYLOR: I think we should just put the
names out there and vote it up or vote it down as introduced.
CHAIRMAN FIALA: Okay, the reason I hadn't considered
Commissioner Henning is because he's been so involved I felt that -- I
think that that would probably -- we should set him apart from that.
Because we would know if he goes into the negotiations what he
would want to do.
But do you agree with that, Commissioner Henning?
COMMISSIONER HENNING: Well, I think whoever represents
the Board represents the majority of the Board's historical consensus
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February 23, 2016
on what they would like to see in some sort of agreement, not whether
you're engaged or not. But that's my feeling. I would hate to have
somebody go in there and represent a minority viewpoint.
COMMISSIONER HILLER: I don't think that Commissioner --
neither Commissioner Fiala nor Commissioner Nance have
represented the minority. The minority is me. It's been a 4-1 vote with
me consistently going, this is wrong. So I feel both Commissioner
Fiala and Commissioner Nance are absolutely part of the majority
position. And I don't think that the representation by either one of you
in this mediation would any way -- would be an issue.
Well, I'm just making it clear, the only minority is me, because
I'm the one who has consistently been the dissenting position on this.
CHAIRMAN FIALA: Do I see that we have a public speaker?
MR. MILLER: Yes, ma'am.
CHAIRMAN FIALA: Would you call on the public speaker,
please.
MR. MILLER: Sure. Your public speaker is Shirley Cothran.
MS. COTHRAN: I want to thank you for putting this on the
agenda today. Because the last two meetings you had, this subject was
added at the last minute and the public didn't get to speak. And there
were some things said at that time that I felt were not true.
But as far as this goes today, of the people up there the only
person that I have seen, and I have watched every one of the films on
this, is Commissioner Fiala. Commissioner Hiller admits that she is
emotional about this. And I understand that, and I share that. And if
you listen to Commissioner Henning, he gets sarcastic. And
Commissioner Nance, as much as I respect him, he gets angry. Also,
Commissioner Taylor does keep her emotions intact, but I think you
have a bias. And so -- I think you have a bias towards Dr. Tober.
And there are some things that have been put in the record that I'd
like to give a different viewpoint of. The reason that North Collier
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would not enter into the interlocal was not the Department of Health
statute that you read into the record, but it was the Florida Interlocal
Cooperative Act of 1969 which says: A public agency may exercise
jointly with any other public agency any power, privilege or authority
that such agencies share in common and might each exercise
separately.
If a fire district does not -- is not an ALS agency, they don't have
the power to do ALS. They can't be in an interlocal, from a
non-attorney's way of reading the law, from just a lay person.
The other thing is that you keep bringing up King County,
Washington and that they only have one medical director for the entire
area. I got their annual report and it says: Regional partners sustain
uniformity and consistency across the EMS system. Dr. Eisenberg
coordinates policies and procedures among the medical directors of the
region's six paramedic programs. And then it names all six of the
doctors.
So they have multiple EMS medical directors, and I don't see why
it's such a terrible thing for us to have them. Thank you.
CHAIRMAN FIALA: Okay, Commissioners, what say you?
Commissioner Nance?
COMMISSIONER NANCE: Commissioner Henning, are you
interested in this duty?
COMMISSIONER HENNING: Yeah, I -- it really doesn't matter
to me.
COMMISSIONER NANCE: I would have no problem
supporting you, sir, if you're interested and you've been nominated.
COMMISSIONER HENNING: And likewise, if you have an
interest I'd do the same for you.
COMMISSIONER NANCE: That sounds like a soft yes.
COMMISSIONER HENNING: No, it's I don't care.
COMMISSIONER HILLER: I would support Commissioner
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Nance but I can't support Commissioner Henning. I mean, he's
running for fire commission, right?
COMMISSIONER HENNING: What does that have to do with
anything?
COMMISSIONER HILLER: It has a lot to do with it.
COMMISSIONER HENNING: What are you running for this
time?
COMMISSIONER HILLER: I'm running for Clerk.
COMMISSIONER HENNING: Oh, you are? You're running for
Clerk of Court. So you're resigning from running from the State
House --
CHAIRMAN FIALA: Okay, okay, children.
COMMISSIONER HILLER: Is that on the agenda?
COMMISSIONER FIALA: Let's get back onto the subject. And
the subject is who are we going to nominate to represent us in the
mediations?
COMMISSIONER TAYLOR: Well, I put Commissioner
Henning's name on the floor. So I think we should vote it up or down.
CHAIRMAN FIALA: Do I hear a second?
COMMISSIONER HILLER: What was that? I didn't hear it --
COMMISSIONER TAYLOR: You don't have to second.
COMMISSIONER HILLER: -- I was eating.
COMMISSIONER NANCE: I will second it for discussion.
COMMISSIONER HILLER: What is it?
CHAIRMAN FIALA: She's saying she put Commissioner
Henning's name on the floor and so she --
COMMISSIONER HILLER: I'm supporting Commissioner
Nance.
CHAIRMAN FIALA: Okay. Well, this is what Commissioner
Taylor said. So then there was a second by Commissioner Nance.
So let's vote on that first. All in the favor of Commissioner
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Henning?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Opposed?
COMMISSIONER TAYLOR: You can vote for yourself, sir.
CHAIRMAN FIALA: Opposed?
Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Well, that pretty well settles it.
COMMISSIONER NANCE: See, he reneged on that.
COMMISSIONER HENNING: I nominate Dwight Brock. He's
running for Clerk of Court, right? It's against Georgia Hiller?
CHAIRMAN FIALA: Okay, now we're back onto the subject of
fire again.
Okay, so we have a motion -- Commissioner Nance?
COMMISSIONER NANCE: I don't want to say anything else;
I'm just going to get myself into trouble further.
COMMISSIONER HILLER: I think that Commissioner Nance
and Commissioner Fiala should decide between themselves and which
of the two of you --
COMMISSIONER HENNING: I nominate Commissioner
Nance.
COMMISSIONER TAYLOR: Have -- we had another
nomination, that would be Commissioner Nance. We need to vote it
up or down.
COMMISSIONER HENNING: Yep, and I second that motion.
CHAIRMAN FIALA: Okay. All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
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February 23, 2016
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Okay, we have a 5-0 for Commissioner
Nance.
COMMISSIONER TAYLOR: You got it, sir.
COMMISSIONER NANCE: And what a get you got, ma'am.
CHAIRMAN FIALA: Okay, now we're going to go to the
second issue but on this same subject and that is we need to --
COMMISSIONER HENNING: That's not on the agenda.
CHAIRMAN FIALA: I understand that. But we also know --
COMMISSIONER NANCE: I want to speak a second.
CHAIRMAN FIALA: Yes.
COMMISSIONER NANCE: Okay. In that I have been selected
to be the representative for this mediation, which is a required public
process, I want to discuss the issue of the expiration of the COPCN.
Now, I am going to represent, as Commissioner Henning has
suggested, the minority opinion.
COMMISSIONER HENNING: Majority.
COMMISSIONER NANCE: The majority opinion. Sorry,
Freudian slip.
The majority opinion of the Board of County Commissioners on
our stance on this. But what I want to know is do we want to -- does
the majority of this Board wish to conduct this mediation with the
COPCN having been expired?
CHAIRMAN FIALA: No.
COMMISSIONER NANCE: Or do we want to see it -- do we
want to wait for this required public process to play out before we
decide how that's going to go?
Now, so far we have -- there's been a motion to extend this
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COPCN at a prior meeting on the Board meeting of 2/9/16, and the
vote was not to extend it past February 25th, which is two days from
now.
So is there an advantage or disadvantage of having the COPCN
extended? What are the ramifications of that for a successful
mediation? Because as your representative, I have to assume that we
have an opportunity to come to agreement. I'm entering the mediation
with the idea that the request of the Board is going to be advanced, but
I believe that we have a possibility to reach an agreement.
So what is -- what is the wish of the Board at this time on that
issue? And I would like to hear from each of you as to how you think
CHAIRMAN FIALA: First Commissioner Henning, then
Commissioner Fiala, then Commissioner Hiller.
COMMISSIONER TAYLOR: I wonder, excuse me, just a point
of order, this is not on the agenda. Is this going to be a problem,
County Attorney?
MR. KLATZKOW: No, because it ties into this issue.
COMMISSIONER NANCE: I'm just requesting it, ma'am, as
your representative.
COMMISSIONER TAYLOR: No, no, no, I just wanted to make
it clear.
COMMISSIONER NANCE: I'm requesting determination from
the Board as to what the majority opinion is as to how we're going -- I
mean, this is a required public process.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Well, the email that you
received yesterday I believe from North Naples --
COMMISSIONER NANCE: North Collier Fire.
COMMISSIONER HENNING: Yeah.
-- stated contrary to what the majority of the Board says. They
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felt, you know, it was no big deal to not have a ride-along on the
ambulance.
COMMISSIONER NANCE: I'm aware of that, sir.
COMMISSIONER HENNING: So extending it is not going to
get anywhere. The whole issue is going to end up in court.
The other issue is they're viewing will Dr. Tober get along with
Dr. Panozzo. That's not the issue. See, they failed to recognize -- and
this is where it's all political on their response, it's purely politics on
their response -- is you're telling the medical director who he's going to
work with. You're telling him who you're going to work with. If you
don't like what he says, there's going to be an arbitrator.
Where else in any other fire district or municipality is that set up
that way? It's nowhere. So it's not a common procedural countywide
response or training. I'd say let it expire.
COMMISSIONER TAYLOR: I would agree.
CHAIRMAN FIALA: Okay, now, you're not next, I'm next.
And then Commissioner Hiller is next. And then you're again.
Okay, so my point of view is we're in place now, it's running
smoothly. It would be ending day after tomorrow. We don't even
have the force in place to be able to serve that -- in the height of season
to be able to serve that area. And they're going to -- all of their people
are going to go out of commission and it's going to cost us a bunch of
money not to extend it for at least a month. I just think that that's
wrong. It's not, you know, dig your heels in the sand, let's just start
working toward the mediation and see how the mediation comes out. I
truly believe we should extend their COPCN.
Commissioner Hiller next.
COMMISSIONER HILLER: Thank you.
I agree with Commissioner Nance and Commissioner Fiala. The
district that we're talking about in part, in actually large part, is my
district and my constituency. I have great concerns, great fears for
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their safety if this program is suspended. On top of which we have
major hotels in that district that brought in a lot of people. We have
major entertainment centers like Mercado. There are so many people
that visit that district, I would be very, very concerned to see ALS
suspended at the level that it's been provided at and the burden placed
on the county which is already taxed in its efforts to serve the
jurisdiction it currently serves, let alone add more out of North Collier,
which now also includes Big Corkscrew.
So I would have to say extending it is the right thing to do in the
public's interest. I would suggest probably more than 30 days. I mean,
maybe 45, maybe 60. Because my concern is if the mediation is
ongoing, we don't know how long it will last.
Commissioner Nance has expressed he hopes that we can come to
an agreement, which is a very positive statement. And it may take
more than one meeting. I think if we extended it say for 45 days to
allow Commissioner Nance the opportunity to not feel, you know,
pressure when he's negotiating this but, you know, to be able to do the
best job possible in the interest of the community, we'd be making the
right decision.
CHAIRMAN FIALA: Thank you.
Commissioner Taylor?
COMMISSIONER TAYLOR: Yeah, I would agree with
Commissioner Henning. And also, you know, as I said at our joint
meeting, you know, we -- you know, I checked with the County
Manager about the concept of us taking over ALS service in the
district. And he indicated that they are prepared. I spoke with him this
week about it. They are prepared. It will go seamlessly, it will
happen. And I think the extension and extension and extension is
wrong. I think North Naples made a decision and we need to act. It's
time to act.
MR. OCHS: Commissioners, just let me make the same qualifier
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I did last time. This whole contingency plan is based around
maintaining the Board's adopted AUIR level of service standard which
is eight minutes or less response in the urban area. I don't want that
confused with the fact that North Naples Fire apparatus with ALS
medics on it are arriving prior to that time in most cases. So the
contingency plan is based on meeting your adopted level of service
standard for --
COMMISSIONER TAYLOR: That's right.
MR. OCHS: Okay?
CHAIRMAN FIALA: Okay, fine.
Commissioner Nance?
COMMISSIONER NANCE: I don't want to make this a real
long conversation, but I feel like since I, who have been selected as the
mediator, it seems like I'm going to be the swing vote on this issue, so I
want you to please indulge me a moment. Because what I want to do
is I want to take you through where we've been and perhaps that will
impact what one or more of you think.
I'm going to go back to the shade session of January the 12th. At
that point the Board entered into an agreement to suggest to North
Collier Fire that we have an arrangement through an Interlocal
Agreement.
On the 25th of January we had a joint public meeting in which
North Collier Fire indicated that it was their legal contention that
interlocal agreements were illegal, and as such we declared that there
was an impasse. That was the first step in Chapter 164 required
mediate-- process.
On the 26th, the Board of County Commission made an offer to
extend a COPCN to North Collier Fire that was conditioned; it was a
COPCN with conditions.
On the 2nd of February, not quite 10 days later, North Collier Fire
sent a letter that basically outlined their conditions for accepting our
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conditioned offer, and requested an extension of the COPCN.
On the 9th of February we indicated that we were not inclined to
extend the COPCN.
Yesterday at 1:30 in the afternoon I received a packet over a -- I
think it's over 100 pages that restated North Collier Fire's conditions
for accepting our conditioned COPCN and requested extension again.
Through this all my discussions with County Attorney Klatzkow
have indicated that because we are in this Chapter 164 mandated
mediation process, that that has been a -- it's been problematic to staff
meeting and working out the details of any of these agreements. And I
think it's ironic that North Collier Fire in their letter yesterday said that
they were disappointed that the Board of County Commissioners didn't
flesh out an interlocal -- the details of an interlocal agreement where
they themselves have maintained all along that interlocal agreements
are illegal. So we've got disagreement on many levels.
My question to the Board is, and maybe it doesn't sway you at all,
but do you think the public expects the Board of County Commission,
before we make this change and do not renew the COPCN, that we go
through this required public mediation?
I tend to think that the public expects that we at least go through
this process with a good faith intent. And I don't think that letting it
expire necessarily indicates that we have a good faith intent on the
required mediation.
I'm going into -- you know, you have tasked me with this
responsibility and I want to go into it with an open mind, and I
certainly do not want the public to expect that I am entering into it or
that the Board is entering into it with a closed mind. And so that's why
I am a little reluctant.
I don't know if any of you have any comments on that.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Well, obviously the majority
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wants to extend it, so what is it? How many days?
COMMISSIONER NANCE: I'm just asking if you don't think
that's a concern --
COMMISSIONER HILLER: I think we should --
MR. KLATZKOW: I would extend 'til to your meeting following
the mediation.
COMMISSIONER HILLER: Yeah.
COMMISSIONER NANCE: Well, let's look at the calendar
further. Let's see what's going to hap-- let's just imagine what's going
to occur.
COMMISSIONER HENNING: But --
COMMISSIONER NANCE: We have two meetings in the
month of March. We have one on the 8th and one on the 22nd. I don't
think there's any way we're going to have anything to consider on the
8th. Do you think that's reasonable?
MR. KLATZKOW: That's reasonable.
COMMISSIONER NANCE: I think that there's no way we're
going to have anything. So that's going to take us to the 22nd. So
we're going to have an opportunity to consider something, possibly a
settlement or, you know, if the mediation reaches an impasse, as soon
as the mediation -- let's assume the negative for a second, let's assume
that the mediation does reach an impasse. At that point we are then
open to any options we have. We can have staff reconvene, we can
have staff talk to staff. We can get everybody together or everybody
can agree to go home mad and pursue legal options. But I think if staff
can come back together, if there's any movement at mediation at all,
staff can come back together, have something for the 22nd. If we have
something at the 22nd, I imagine the fire commission is going to have
to accept it or deny it. So you're going to need a few days after that.
So if we extend it, I think March 31st makes operational sense to me.
CHAIRMAN FIALA: That's just exactly what I wrote down.
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February 23, 2016
COMMISSIONER NANCE: Well, that's what North Collier Fire
has requested and suggested.
COMMISSIONER HILLER: What date? I'd like to hear what
County Attorney Klatzkow -- because we can't make any --
COMMISSIONER HENNING: I had my light on.
COMMISSIONER HILLER: I'm sorry.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: We can't do what Jeff proposed
because they would just delay it. Their whole thing is they want to
delay this until the election.
COMMISSIONER TAYLOR: That's right.
COMMISSIONER HENNING: Okay? So you have to put a
solid date -- you're saying March, the second meeting in March,
correct?
COMMISSIONER NANCE: My gut level tells me that will let
us do this mediation; it will be a certainty of good faith by the Board. I
don't think there's any difference in it expiring on the 25th of February
or the 31st of March if there's no movement. I don't think there's any
functional difference in those two expiration dates, to me.
I do not intend to support an extension of the COPCN unless
there is an agreement on the table that's very close to being finalized, I
can tell you that. I'm not going to be inclined to do that. But I do have
to say that I think it's in our best interest to allow this mediation, at
least to go forward honestly and with good faith.
CHAIRMAN FIALA: That's why we choose you, because you're
sensible.
Okay, so Commissioners, what do you --
COMMISSIONER NANCE: What do you think about that date,
Commissioner?
COMMISSIONER HENNING: You're saying March 21st?
CHAIRMAN FIALA: 31st.
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February 23, 2016
COMMISSIONER NANCE: March 31st.
COMMISSIONER HENNING: March 31st. That's fine.
COMMISSIONER TAYLOR: That works.
CHAIRMAN FIALA: So do I.
Commissioner Hiller?
COMMISSIONER HILLER: (Nods head affirmatively.)
CHAIRMAN FIALA: Commissioner Taylor?
COMMISSIONER TAYLOR: Yes, yes.
CHAIRMAN FIALA: So we have five people nodding, saying
yes March 31st to extend this COPCN to --
COMMISSIONER NANCE: Well, I'll make that motion, then.
I'll make the motion.
CHAIRMAN FIALA: Second.
Okay. So we have a motion on the floor and a second. All in
favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good. And we wish you the best of
luck on this and --
COMMISSIONER NANCE: Well, you all have sent me on an
interesting errand and I will do my very best.
CHAIRMAN FIALA: Let's hope that --
MR. KLATZKOW: Can I ask for one housekeeping measure?
That we extend the statutory time to complete mediation.
COMMISSIONER NANCE: I will make that motion.
CHAIRMAN FIALA: Okay, when is --
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February 23, 2016
MR. KLATZKOW: Oh, we're past it by now.
CHAIRMAN FIALA: Okay. And second.
All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Okay.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Madam Chair, that moves you onto number seven
on your agenda, Public Comments on General Topics not on the
Current or Future Agenda.
MR. MILLER: We have no registered speakers.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: That would take you then to Item 15, your final
item, Staff and Commission General Communications.
Commissioners, two quick items from me. The first, again as
always, is a reminder of your upcoming workshops. You have your
March 1st workshop on the subject of affordable and workforce
housing that begins at 9:00 a.m. That's 9:00 a.m., not 1 :00 p.m.
And then on April 5th you have your annual workshop with your
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February 23, 2016
CRA advisory boards, and that begins at 1:00 p.m.
Commissioners, the other item that I have to discuss briefly this
afternoon is a request that I received from Senator Richter a week or so
ago, advising that his legislation on the regulation of the oil and natural
gas industry and his bill is up on Thursday of this week, the final
committee hearing and the Senate. There is a companion bill that's
already passed through the committees in the House and is on the
House floor. He has asked for our lobbyist to be able to stand up and
give some testimony on that bill at the hearing. And while I have my
professional opinion about that, I have survived this long by making
sure that the policymakers share that before I would give some
direction to the lobbyist on this issue.
CHAIRMAN FIALA: Okay, very --
COMMISSIONER NANCE: This is a request?
MR. OCHS: It's a request from the Senator to allow our lobbyist
to speak in favor of the bill when it comes up for a hearing on
Thursday, given the progress that's been made during the session to try
to address the five items that the Commissioners had identified when
you set your legislative priorities and had some detailed discussion on
this particular bill.
CHAIRMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: Yes, thank you.
Leo, can you update us on where this bill stands, both, you know,
in the House and the Senate as compared to other bills? Because a
concern that I have is going through this legislative session and seeing
nothing passed at all. And, you know, if Richter's bill has the greatest
likelihood of success of any bill out there, then I think we should stand
up and support him to ensure that something does get passed. Because
I think nothing would be worse than if nothing is done.
MR. OCHS: Yes, ma'am.
COMMISSIONER HILLER: But I don't really know where we
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stand on that as of right now. I had an idea of where we stood several
weeks ago, but where are we like right now?
MR. OCHS: Ma'am, I'm not aware, and I've had this confirmed
with Mr. Durham and our lobbyist, I'm not aware of any other bill that
regulates this industry that has gone through the House or has a
companion except for the bills that Senator Richter and Representative
Rodriguez have moved through the legislature.
COMMISSIONER HILLER: And Rodriguez's bill has gone all
the way through the House at this point.
MR. OCHS: Yes, ma'am, it's gone through all the House
committees and it's on the --
COMMISSIONER HILLER: So all we're doing is waiting for
the Senate and there's no other bill from any representative that has
gone -- no competing bill that has gone through the house or the Senate
at this point?
MR. OCHS: Correct.
COMMISSIONER HILLER: Okay. Well, then, I mean, I would
have say that yes, we would want our lobbyist to speak to this bill,
because like I said, nothing would be worse than if nothing got done at
all. And at least this is a first step.
So I would make the motion that we allow our lobbyist to speak
on this particular issue.
COMMISSIONER NANCE: I will second it.
And I also would like to make a couple of remarks. You know,
I've spoken to Senator Richter personally on this, and he is doing his
very best to address all the concerns while trying to move a bill
forward to passage. And, you know, what I said before and I haven't
changed my mind, I hope for the very, very best bill that we can get
that gets passed by the legislature and gets signed into law by the
Governor. It's going to do us very little to rely on some sort of-- you
know, we're not going to have any comfort if we had a perfectly
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designed bill that couldn't go through the process.
So I will certainly -- I've seconded it and I suggest and hope that
we can support our Senator. I think he's really worked very hard on
this.
COMMISSIONER HILLER: I agree.
CHAIRMAN FIALA: Any other comments from any
Commissioners?
(No response.)
CHAIRMAN FIALA: We have a motion on the floor and a
second. All in favor, signify by saying aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Opposed, like sign.
COMMISSIONER TAYLOR: Opposed.
And the reason is there are two issues that are not addressed in the
bill, and I think the one issue is the chemical registry. It leaves our
first responders at great risk. The second issue is the matrix acidizing
which needs to be addressed in the bill so that the chemicals used in
matrix acidizing are listed. So they're kind of a companion area.
Of the five issues that we brought forward as a Commission, three
of them have been addressed, but these two are critical for our health,
safety and welfare of our public.
MR. OCHS: Thank you, Commissioners.
That's all I have, Madam Chair.
CHAIRMAN FIALA: Okay, County Attorney?
MR. KLATZKOW: I have nothing, ma'am.
CHAIRMAN FIALA: Very good.
Commissioner Taylor?
COMMISSIONER TAYLOR: Well, you know, I have been by
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default nominated as the -- indirectly my name has been put into the
mix for chairman of the MPO. Because our city representative of
course is -- it's the cycle and you're not going to be there and
Commissioner Henning's not going to be there and Commissioner
Hiller's not going to be there, so -- Commissioner Fiala's running and
she's chairman. And so I, you know, depending on what the Board
wants to do in our March meeting, I will accept it.
So that means that I would like to put the wonderful position of
the -- my position on the Southwest Florida Regional Planning Council
up to this Board because I'm also chairman of the TDC and I'm on the
canvassing committee this year. So I'm a busy girl.
CHAIRMAN FIALA: Let me ask a question before we go past
your name by the city. Does that mean the city loses one of their
representatives if they are choosing you as their representative?
COMMISSIONER TAYLOR: No, no, no, just the chairman, as
the chairman. Not in lieu of.
CHAIRMAN FIALA: Good. Because I didn't want you to lose
that position?
COMMISSIONER HILLER: What about Marco?
CHAIRMAN FIALA: Marco's on there too.
COMMISSIONER HILLER: I mean, why wouldn't the rep from
Marco -- does it go back and forth between the city and county?
COMMISSIONER TAYLOR: Well, I believe it's city and
county. I don't know how it works in bringing Marco in. But I know
that our representative from Marco is not going to be there anymore.
He's the chairman. So it would be a brand new person --
COMMISSIONER HILLER: No, Sam Saad is the Chairman.
COMMISSIONER TAYLOR: Pardon me?
COMMISSIONER HILLER: Sam Saad is the --
COMMISSIONER TAYLOR: He's stepping down.
COMMISSIONER HILLER: I understand, but there is a
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February 23, 2016
representative from the City of Marco on the --
COMMISSIONER TAYLOR: Who is stepping down also, he's
not going to be on the committee next year.
COMMISSIONER NANCE: Everybody's going to be new.
COMMISSIONER HILLER: But that's okay. So when is the
chairmanship up and when are these --
COMMISSIONER TAYLOR: Next meeting.
COMMISSIONER NANCE: At the next meeting?
COMMISSIONER TAYLOR: Would you like to take it? It
would be great. I would be more than happy to give it to you.
COMMISSIONER HILLER: What, to be chairman of the MPO?
COMMISSIONER TAYLOR: Yes. You'd have to attend.
COMMISSIONER NANCE: Ouch.
COMMISSIONER HILLER: Sure. I'll do it. For as long as I sit
on this board I'll do it.
COMMISSIONER NANCE: We all can debate that at --
COMMISSIONER HILLER: And happily do it.
COMMISSIONER NANCE: -- the next meeting.
CHAIRMAN FIALA: Yeah, we should be doing that probably at
the MPO meeting, right?
COMMISSIONER TAYLOR: Yeah, at the MPO. But I'm just at
this point -- and the Southwest Florida Regional Planning Council
position is something that I kind of would like to --
COMMISSIONER HILLER: Well, that whole board needs to --
COMMISSIONER NANCE: It's a tough deal right there.
COMMISSIONER HILLER: -- go away. I mean, what's the
status on that?
MR. CASALANGUIDA: Statutorily still required ma'am. RPC.
COMMISSIONER HILLER: No, no, are we statutorily required
to attend and participate if we choose not to? I don't believe that it is
binding --
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February 23, 2016
COMMISSIONER NANCE: We're required to pay.
MR. CASALANGUIDA: We're required to pay.
MR. KLATZKOW: There's no penalty.
COMMISSIONER HILLER: Okay. So hang on a second. If
there's no penalty, we can send a staff person as our agent --
MR. CASALANGUIDA: No, ma'am.
COMMISSIONER HILLER: -- to attend those meetings.
MR. CASALANGUIDA: No, ma'am, you can't. It has to be a
Board member.
COMMISSIONER HILLER: Do we have to attend?
COMMISSIONER TAYLOR: Yes.
MR. CASALANGUIDA: Well, that's a tough question.
COMMISSIONER HILLER: No, no, are we -- I would like to
know. Because if we don't have to attend then we can allow a staff
member to listen telephonically and give the Board a report on any
issue that could be of importance. I mean, they don't do anything.
COMMISSIONER NANCE: I'm going to continue to -- I'm one
of the representatives. I will continue to attend and the other
representative can attend by phone as he or she sees fit. And
Commissioner Taylor's chosen to do that. And I don't fault her for
that. I go a lot of times because I think there's some ancillary business
oftentimes before and after the meeting that is not actually MPO
meeting that I find some utility in from time to time. So I try to go.
But it's been a very, very difficult circumstance. A planning
council staff member actually came out with an opinion faulting the
Governor for his determination on the Lake Okeechobee discharge, so
we had to try to make a less than graceful recovery from that. I don't
understand answer why -- how we got there, considering the fact that
the Governor is doing his best to defund and basically terminate the
Regional Planning Council by attrition. He obviously doesn't support
them and there's few in the legislature who support them, so I'm
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February 23, 2016
anticipating there's going to be even less support since there was a kind
of an embarrassing article that got into the media. But I will continue
to go, simply because I feel like somebody ought to be in attendance
since we're contributing I guess 100 grand. Mr. Casalanguida?
MR. CASALANGUIDA: In --
COMMISSIONER NANCE: Yeah, I think we need to figure out
a way to at least make sure --
COMMISSIONER HILLER: Are we required to contribute 100
grand?
MR. CASALANGUIDA: Yes, you are, ma'am, statutorily. It's
more than 100,000.
COMMISSIONER NANCE: So until there's an alternate, I will
serve out until my term on the Board is done, and that will take the
pressure off you guys a little bit if you don't -- I don't think you need to
make a big commitment to it. It's --
CHAIRMAN FIALA: Let's just rush him right into that, and you
don't even have to say any comment, we all approve. Because nobody
else really can get up there.
Thank you, it would have been difficult for you to get all the way
up there.
COMMISSIONER NANCE: Yeah, it's way up there.
CHAIRMAN FIALA: I know it was for me. Because you have to
go way up to the other end of-- you know, to Fort Myers City.
COMMISSIONER TAYLOR: For Lee -- you mean for the
Southwest Florida Regional Planning --
CHAIRMAN FIALA: Yeah.
COMMISSIONER TAYLOR: Well, they're south now. Kind of
south and east.
CHAIRMAN FIALA: Did they change their meeting?
COMMISSIONER TAYLOR: Yeah.
COMMISSIONER NANCE: They're way on the coast now.
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February 23, 2016
CHAIRMAN FIALA: Okay, well anyway, okay, thank you very
much for --
COMMISSIONER TAYLOR: That's all I have.
CHAIRMAN FIALA: -- offering to continue that, Commissioner
Nance.
Commissioner Henning?
COMMISSIONER HENNING: My only comment is, is
welcome to the Board of County Commissioners. You're the new
member and we're getting you on as many committees as we can, so --
COMMISSIONER TAYLOR: Yeah, you're it.
COMMISSIONER HENNING: You're it.
Motion to adjourn.
CHAIRMAN FIALA: We were just hearing from County
Attorney and he's done. Commissioner Taylor, you were bringing that
up.
COMMISSIONER TAYLOR: Done.
CHAIRMAN FIALA: Next, Commissioner Nance?
COMMISSIONER NANCE: Thank you. I think we had a very
respectful meeting. We actually covered some pretty important things
today. Thank you. I know it was a lot of things that are taking place in
District 5, but thank you for all your consideration. Good meeting.
CHAIRMAN FIALA: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Motion to adjourn.
CHAIRMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: To begin, I would like to say thank
you very much to our court reporter that made these incredible little
gluten free cookies. And you've got to try them, because I've been
nibbling on them. And they were sitting there and, you know, usually
in the afternoon everyone eats, but since we're going to be done by --
COMMISSIONER NANCE: I don't have a lot of the gluten --
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February 23, 2016
COMMISSIONER HILLER: -- 12:30 my concern was that all
her efforts to treat us would go unnoticed. So I first wanted to say
thank you very much. And they're really good and I've been eating a
lot of them and I really like them. And I think everybody else does.
CHAIRMAN FIALA: Any other comments?
COMMISSIONER HILLER: I don't know, do I have any other
comments?
CHAIRMAN FIALA: No, you don't have to have any, that's
okay.
COMMISSIONER HILLER: Can you give us a status report on
what the Clerk is doing? There was an article that he was considering
appealing. Is he appealing?
MR. KLATZKOW: I just got the notice of appeal earlier today,
ma'am.
CHAIRMAN FIALA: He's going to appeal that?
MR. KLATZKOW: Looks that way.
COMMISSIONER NANCE: Well, that's --
CHAIRMAN FIALA: Are we keeping --
COMMISSIONER NANCE: That's somewhat disappointing to
me.
CHAIRMAN FIALA: -- account over how much this is costing
us?
COMMISSIONER NANCE: Maybe we should ask him.
CHAIRMAN FIALA: All these lawsuits?
MR. KLATZKOW: It's been a lot of money.
CHAIRMAN FIALA: Thank you.
COMMISSIONER HILLER: So the fact of the matter is he
wasn't looking for a safe harbor. And now what he's effectively doing
is using our county's money to litigate this issue at an appellate level
because some other county doesn't like it? Is that the reason? Doesn't
make a whole lot of sense.
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February 23, 2016
MR. KLATZKOW: You would have to ask him that.
COMMISSIONER HILLER: Well, the courts have ruled, he has
a safe harbor. Clearly that wasn't his agenda. It's --
COMMISSIONER NANCE: It's unfortunate.
CHAIRMAN FIALA: Any other comments?
COMMISSIONER HILLER: I don't think so.
CHAIRMAN FIALA: Okay. With that I'll just wind this
meeting up. I'll just skip any comments I might have and say thank
you all for being here. See you next time. Meeting is adjourned.
*****
**** Commissioner Nance moved, seconded by Commissioner
Taylor and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted ****
Item #16A1
INVITATION TO BID (ITB) #15-6467R FOR THE "PURCHASE
AND INSTALLATION OF MULCH" AWARDED TO AMADO
LAWN SERVICE, LLC, PRIMARY CONTRACTOR, HANNULA
LANDSCAPING, INC., THE SECONDARY CONTRACTOR FOR
SECTION 2 AND SOUTHEAST SPREADING COMPANY, THE
SECONDARY CONTRACTOR FOR SECTION 3 — A 1-YEAR
CONTRACT WITH THREE (3) ONE YEAR OPTIONS TO
RENEW FOR INSTALLATION OF MULCH IN ROAD RIGHTS-
OF-WAY'S (ROW), PARKS & REC LOCATIONS AND
VARIOUS AREAS REQUESTED BY STAFF
Item #16A2
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February 23, 2016
RESOLUTION 2016-32: FINAL APPROVAL OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS, FOR THE
FINAL PLAT OF VERONAWALK, PHASE 4C, APPLICATION
NO. AR-12895, THAT WILL BE PRIVATELY MAINTAINED
AND AUTHORIZING THE RELEASE OF THE MAINTENANCE
SECURITY IN THE AMOUNT OF $1,647,827.73
Item #16A3
RECORDING THE FINAL PLAT OF RAFFIA PRESERVE -
PHASE 4, (APPLICATION NUMBER PL20150002153)
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVING THE
AMOUNT OF THE PERFORMANCE SECURITY —
W/STIPULATIONS FOR A PROJECT WITHIN THE WOLFE
CREEK RPUD
Item #16A4
RECORDING THE FINAL PLAT OF MAPLE RIDGE AT AVE
MARIA, PHASE 4, (APPLICATION NUMBER PPL20150001919)
APPROVING THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND APPROVING THE
AMOUNT OF THE PERFORMANCE SECURITY —
W/STIPULATIONS
Item #16A5
RECORDING THE MINOR FINAL PLAT OF ARLINGTON OF
NAPLES, (APPLICATION NUMBER PL20150002498) — A
PROJECT WITHIN THE LELY RESORT COMMUNITY
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February 23, 2016
Item #16A6
RECORDING THE FINAL PLAT OF MARENGO AT FIDDLER'S
CREEK (APPLICATION NUMBER PL20150001451)
APPROVING THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND APPROVING THE
AMOUNT OF THE PERFORMANCE SECURITY —
W/STIPULATIONS
Item #16A7
AMENDMENT NO. 1 TO THE DEVELOPER CONTRIBUTION
AGREEMENT WITH AVE MARIA DEVELOPMENT, LLLP,
AND AMENDMENT NO. 1 TO AN INTERLOCAL AGREEMENT
WITH THE BOARD OF SUPERVISORS OF THE AVE MARIA
STEWARDSHIP COMMUNITY DISTRICT TO RECOGNIZE
THE RESCISSION OF THE AVE MARIA DRI, RECOGNIZE
THE COLLIER COUNTY RURAL LAND STEWARDSHIP
PROGRAM AS A STATUTORY RURAL LAND STEWARDSHIP
AREA PURSUANT TO FLORIDA STATUTE SECTION
163.3248(11), RECOGNIZE A REVISION TO THE AVE MARIA
SRA TO ADD 600,000 SQUARE FEET OF LIGHT INDUSTRIAL/
WAREHOUSING, TO MEMORIALIZE THE DEVELOPER'S
PRIOR COMMITMENT TO RELAX THE IMPACT FEE
COLLECTION USE RESTRICTION AND PROVIDE THE
ABILITY TO TRANSFER OR ASSIGN ALL OR A PORTION OF
ROAD IMPACT FEE CREDITS WITHIN ROAD DISTRICT 5 OR
ADJACENT ROAD IMPACT FEE DISTRICTS — AS DETAILED
IN THE EXECUTIVE SUMMARY
Page 120
February 23, 2016
Item #16A8
RESOLUTION 2016-33: MEMORIALIZING BOARD APPROVAL
OF A TRANSPORTATION POST PROJECT MAINTENANCE
AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) AND COLLIER COUNTY FOR
THE MAINTENANCE OF BRICK PAVERS INSTALLED ON A
PORTION OF DAVIS BOULEVARD BETWEEN SANTA
BARBARA BOULEVARD AND COUNTY BARN ROAD, UPON
COMPLETION OF FINANCIAL PROJECT #433173-1-52-01; A
RESOLUTION MEMORIALIZING BOARD APPROVAL OF THE
AGREEMENT — BRICK PAVERS WILL BE INSTALLED IN THE
MEDIANS INSTEAD OF ASPHALT AND THE COUNTY WILL
BE RESPONSIBLE FOR WEED CONTROL, CLEANING, AND
REPLACING ANY BRICK PAVERS IF NECESSARY; FDOT
WILL MOW, EDGE THE INTERSECTION IMPROVEMENTS
AND MAINTAIN ALL OTHER ASPECTS OF THE STATE ROAD
MAINTENANCE PROGRAM
Item #16A9
WORK ORDER #14-6213-55, AWARDED TO HASKINS INC.,
FOR THE LELY AREA STORMWATER IMPROVEMENT
PROJECT (LASIP) — COPE LANE AND CREWS ROAD IN THE
AMOUNT OF $342,369.80, PROJECT NO. 51101 — THE JOB
CONSISTS MAINLY OF DITCHWORK, CONSTRUCTION AND
MINIMAL PIPING AND WAS DESIGNED IN COMBINATION
WITH THE SANDY LANE IMPROVEMENT PORTION OF THE
LASIP PROJECT ALONG WINGSOUTH AIRPARK
Item #16A10
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February 23, 2016
CONVEYANCE OF LANDS ON IMMOKALEE ROAD AND
WAIVING THE AUTOMATIC RESERVATION OF PHOSPHATE,
MINERALS, METALS, AND PETROLEUM RIGHTS REQUIRED
UNDER SEC. 270.11(1), F.S. (FISCAL IMPACT: $0) —
RELATED TO PARCEL #00191960004 (806) ON IMMOKALEE
ROAD AND A 2005 STIPULATED FINAL JUDGEMENT IN
WHICH THE PROPERTY OWNER HAS REQUESTED
CONVEYANCE OF FEE SIMPLE INTEREST IN PARCEL 806
AND IS UNDER CONTRACT TO SELL THE PROPERTY TO
DEVELOPER OF A PARENT TRACT, ROCK DEVELOPMENT
GROUP, LLC, CURRENLY INVOLVED IN PETITION PUDZ-
PL20150000204, A REQUEST TO REZONE PROPERTY TO THE
ABACO CLUB RESIDENTIAL PUD
Item #16B1
RESOLUTION 2016-34: EXPRESSING SUPPORT FOR THE
CONTINUED DESIGNATION OF IMMOKALEE AS A RURAL
AREA OF OPPORTUNITY (RAO) WITHIN THE FLORIDA
HEARTLAND REGIONAL ECONOMIC DEVELOPMENT
INITIATIVE, INC. (FHREDI) SOUTH CENTRAL FLORIDA
REGION — A GROUP FORMED IN 2001 THAT INCLUDES
CITIES, TOWNS AND COMMUNITIES WITHIN DESOTO,
HIGHLANDS, GLADES, OKEECHOBEE, HENDRY AND
HARDY COUNTIES AND THE CITIES OF BELLE GLADE,
PAHOKEE, SOUTH BAY AND THE COMMUNITY OF
IMMOKALEE FOR THE PURPOSE OF IMPROVING AND
PROMOTING ECONOMIC OPPORTUNITY IN THOSE AREAS
AND ALLOWS CONTINUATION OF ALL GRANT FUNDING
Page 122
February 23, 2016
Item #16B2
COLLIER COUNTY COMMUNITY REDEVELOPMENT
AGENCY APPROVING AND AUTHORIZING THE CHAIR TO
EXECUTE A COMMERCIAL BUILDING IMPROVEMENT
GRANT AGREEMENT BETWEEN THE COMMUNITY
REDEVELOPMENT AGENCY AND 3612 BAYSHORE DRIVE,
LLC, D/B/A LEO'S SOD, INC. IN THE AMOUNT OF $2,662.50
FOR PROPERTY AT 3612 BAYSHORE DRIVE AND WITHIN
THE BAYSHORE GATEWAY TRIANGLE COMMUNITY
REDEVELOPMENT AREA — GRANT FUNDS WILL BE USED
TOWARD COSTS ASSSOCIATED WITH DEMOLITION OF AN
EXISTING BUILDING ON THE PROPERTY & CONSTRUCTION
OF COMMERCIAL BUILDING IMPROVEMENTS
Item #16C1
RESOLUTION 2016-35 : RESOLUTION AND SATISFACTION
OF LIEN FOR 1994 SOLID WASTE COLLECTION AND
DISPOSAL SERVICES SPECIAL ASSESSMENTS OF WHICH
THE COUNTY HAS RECEIVED PAYMENT IN FULL
SATISFACTION OF THE LIEN. (FISCAL IMPACT: $27.00 TO
RECORD THE SATISFACTION OF LIEN) — FOR PROPERTY
LOCATED AT 1030 15TH ST SW, NAPLES
Item #16C2
RESOLUTION 2016-36: AUTHORIZING THE BOARD
CHAIRMAN TO EXECUTE A UTILITY WORK AGREEMENT
WITH FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT) TO LOCATE, PROTECT, AND ADJUST IF NECESSARY
Page 123
February 23, 2016
COLLIER COUNTY WATER-SEWER DISTRICT (CCWSD)
UTILITIES IN CONJUNCTION WITH FDOT'S PROJECT TO
RESURFACE AND REPLACE SIGNAL MAST ARMS ON STATE
ROUTE 84 (DAVIS BOULEVARD) BETWEEN COUNTY BARN
ROAD AND SANTA BARBARA BOULEVARD; AND APPROVE
AN FDOT STANDARD FORM RESOLUTION AUTHORIZING
CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS
TO EXECUTE THE AGREEMENT (FISCAL IMPACT $60,000)
Item #16D1
EXPENDITURE OF TOURIST DEVELOPMENT TAX FUNDS
FOR PURCHASE AND INSTALLATION OF AN AMERICAN
WITH DISABILITIES (ADA) APPROVED BEACH MAT AT THE
KAYAK LAUNCH AT CLAM PASS FOR $7,895 AND MAKE A
FINDING THAT THESE EXPENDITURES PROMOTE TOURISM
— A MAT APPROXIMATELY 5 FEET WIDE BY 75 FEET LONG
MADE OF IPE TEAK MATERIAL WITH A LIFE SPAN
ESTIMATED AT 20-YEARS THAT WILL BE INSTALLED BY
FA REMODELING AND REPAIRS, INC. AT A COST OF $2,815
AND WITH WORK PERFORMED UNDER BOARD APPROVED
CONTRACT #15-6430, MAINTENANCE & MINOR REPAIRS
Item #16D2
RESOLUTION 2016-37 : REPEALING ALL PREVIOUS
RESOLUTIONS TO ESTABLISH COLLIER COUNTY PARKS
AND RECREATION POLICY AND PROCEDURES FOR THE
SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN
COUNTY PARKS TO SPECIFICALLY INCLUDE EAST NAPLES
COMMUNITY PARK — A REQUEST BY EVENT ORGANIZERS
Page 124
February 23, 2016
OF THE US OPEN PICKLEBALL CHAMPIONSHIP BEING
HELD IN APRIL, 2016 AT EAST NAPLES COMMUNITY PARK;
MORE SPECIFICALLY GIVING AUTHORIZATION TO SERVE
ZING ZANG VODKA AT THE EVENT, CORPORATE SPONSOR
OF THE TOURNAMENT
Item #16D3
RECOGNIZING INTEREST EARNINGS FROM STATE AID TO
LIBRARY GRANTS AND APPROVE A BUDGET AMENDMENT
IN THE AMOUNT OF $309.25 — RECOGNIZING INTEREST
EARNED THROUGH DECEMBER 31, 2015
Item #16D4
AN AFTER-THE-FACT AMENDMENT TO THE MASTER
CONTRACT AND ATTESTATION STATEMENT WITH AREA
AGENCY ON AGING OF SOUTHWEST FLORIDA, INC. FOR
FEDERAL-AND STATE-FUNDED SERVICES FOR SENIORS
PROGRAMS (NO FISCAL IMPACT) — AMENDMENT NO. 3 TO
CONTRACT #HM 203. 14 THAT WAS EFFECTIVE 12/16/2015
Item #16D5
SERVICES FOR SENIORS, AFTER-THE-FACT, STANDARD
CONTRACT AND ATTESTATION STATEMENT WITH THE
AREA AGENCY ON AGING OF SOUTHWEST FLORIDA, INC.,
AND AUTHORIZE ASSOCIATED BUDGET AMENDMENTS
FOR THE FY 16 OLDER AMERICANS ACT TITLE III
PROGRAM IN THE AMOUNT OF $23,102 AND LOCAL MATCH
FUNDING OF $2,567 — CONTRACT #OAA 203. 16 EFFECTIVE
Page 125
February 23, 2016
JANUARY 1, 2016 THROUGH DECEMBER 31, 2016
Item #16D6
A REVISED MEMORANDUM OF UNDERSTANDING (MOU)
WITH SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT
BOARD, INC. THAT WILL PROVIDE FUNDS TO ALLOW
TWENTY CHILDREN TO RECEIVE LEADERSHIP AND JOB
TRAINING PROGRAM OPPORTUNITIES DURING THE
SCHOOL YEAR AT TWO PARKS AND RECREATION
DIVISION FACILITIES (FISCAL IMPACT: NONE) - THE
ORIGINAL MOU WAS NEVER EXECUTED AND STAFF IS
REQUESTING APPROVAL OF A REVISED MOU IN ITS PLACE
Item #16D7
AN AFTER-THE-FACT GRANT APPLICATION FOR THE U.S.
DEPARTMENT OF JUSTICE'S OFFICE ON VIOLENCE
AGAINST WOMEN-JUSTICE FOR FAMILIES 3-YEAR GRANT
THAT IS PART OF THE VICTIMS ADVOCACY
ORGANIZATION GRANT PROGRAM — COMMUNITY AND
HUMAN SERVICES IS APPLYING AS PART OF THE
ORGANIZATION THAT INCLUDES THE COLLIER COUNTY
CHILD ADVOCACY COUNCIL (A/K/A CHILDREN'S
ADVOCACY CENTER), SHELTER FOR ABUSED WOMEN &
CHILDREN AND TWENTIETH JUDICIAL CIRCUIT COURT OF
FLORIDA AND ALSO INCLUDES A MEMORANDUM OF
UNDERSTANDING BETWEEN THE GROUPS. IF AWARDED
GRANT FUNDS OF $599,480, REQUIRING NO LOCAL MATCH,
WOULD BE USED FOR THE SUPERVISED VISITATION AND
SAFE EXCHANGE PROGRAM AND CIVIL LEGAL SERVICES
Page 126
February 23, 2016
Item #16D8
AMENDMENT #1 TO THE AGREEMENT WITH NAPLES
COMMUNITY HEALTH CARE (NCH) SYSTEM TO PROVIDE
WATER SAFETY INSTRUCTION TO COLLIER COUNTY
YOUTH IDENTIFIED WITH THE SWIM CENTRAL PROGRAM
— EXTENDS THE AGREEMENT UNTIL MARCH 1, 2017 WITH
AN OPTION TO RENEW TWO ADDITIONAL 1-YEAR PERIODS
FOR A PROGRAM ADMINISTERED BY PARKS AND REC
THAT TEACHES WATER SAFETY TO 500 CHILDREN AGES
4-5 IN TEN 30-MINUTE LESSONS OVER A 2-WEEK PERIOD
Item #16D9
CHAIRMAN'S EXECUTION OF TWO LANDLORD PAYMENT
AGREEMENTS ADMINISTERED THROUGH THE BOARD'S
APPROVED RAPID RE-HOUSING AND HOMELESSNESS
PREVENTION PROGRAM THROUGH THE EMERGENCY
SOLUTIONS GRANT PROGRAM — FOR AGREEMENTS WITH
RAQUEL MARGARITA CONSTANTINO NORIEGA AND
KIRK SANDERS
Item #16D10
STATE HOUSING INITIATIVE PARTNERSHIP SUBRECIPIENT
AGREEMENT WITH COMMUNITY ASSISTED AND
SUPPORTED LIVING (CASL) FOR THE ADMINISTRATION OF
AN OWNER-OCCUPIED REHABILITATION PROGRAM AND A
TOTAL CONTRACT AWARD OF $520,000 — A PROGRAM
THAT WILL BE ADMINISTERED BY CASL D/B/A
Page 127
February 23, 2016
RENAISSANCE MANOR, INC. AND WAS DESIGNED TO
ASSIST INCOME ELIGIBLE HOMEOWNERS THAT OCCUPY
THEIR HOMES BY PROVIDING REPAIRS TO CORRECT CODE
VIOLATIONS OR THAT MAY IMPACT THEIR WELLBEING.
THE SUBRECIPIENT WILL PROVIDE PROGRAM OUTREACH,
ASSESS ELIGIBILITY, CONTRACT MANAGEMENT AND
TECHNICAL AND ADMINISTRATIVE WORK WITH AN
AGREEMENT BETWEEN COLLIER COUNTY AND THE
HOMEOWNER THROUGH A PROMISSORY NOTE AND
MORTGAGE LOAN THAT WILL ALL DEFINE TERMS
Item #16E1
RECOGNIZING ACCRUED INTEREST EARNED BY EMS AS
COUNTY GRANT REVENUE AND APPROPRIATING FUNDS
IN THE TOTAL AMOUNT OF $73.53 — INTEREST EARNED
OCTOBER 1 THROUGH DECEMBER 31, 2015
Item #16E2
CONVEYANCE OF A UTILITY EASEMENT AND RIGHT OF
ENTRY THROUGH THE NORTHEAST CORNER OF CONNER
PARK TO THE COLLIER COUNTY WATER-SEWER DISTRICT
ON BEHALF OF THE PUBLIC UTILITIES DIVISION — TO
IMPROVE WASTEWATER COLLECTION EXISTING
PIPELINES ARE BEING REMOVED AND REPLACED
BENEATH THE INTERSECTION OF BLUEBILL AVENUE AND
VANDERBILT DRIVE BY ROUTING THE SYSTEM THROUGH
THE NORTHEAST CORNER OF CONNER PARK AS PART OF
BASIN 101/VANDERBILT CUL-DE-SACS INFRASTRUCTURE
PROJECT
Page 128
February 23, 2016
Item #16E3
RATIFYING PROPERTY, CASUALTY, WORKERS'
COMPENSATION AND SUBROGATION CLAIM FILES
SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT
DIVISION DIRECTOR PURSUANT TO RESOLUTION #2004-15
FOR THE FIRST QUARTER OF FY 16 — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16E4
SELECTION COMMITTEE RANKINGS AND ENTERING INTO
NEGOTIATIONS WITH AECOM FOR A CONTRACT RELATED
TO REQUEST FOR PROPOSAL #16-6564, "COLLIER COUNTY
SPACE PLANNING SERVICES" — A CONTRACT WILL BE
BROUGHT TO THE BOARD FOR APPROVAL TO PROVIDE
PROFESSIONAL SERVICES TO ASSESS CURRENT SPACE
THAT IS BEING USED BY COUNTY AGENCIES INCLUDING
MANY WITHIN THE GOVERNMENT COMPLEX AND OTHER
LOCATIONS THROUGHOUT THE COUNTY AND TO PROJECT
ADDITIONAL SPACE THAT MAY BE NECESSARY IN THE
FUTURE DUE TO AN INCREASE IN STAFF AND A NEED FOR
GENERAL STORAGE
Item #16F1
RESOLUTION 2016-38 : APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2015-16
ADOPTED BUDGET
Page 129
February 23, 2016
Item #16F2 — Moved to Item #11D (Per Agenda Change Sheet)
Item #16F3
FORMALLY SUPPORTING PROPOSED LEGISLATION THAT
ATTEMPTS TO RESOLVE THE ONGOING COST-SHARING
DISPUTE BETWEEN NON-FISCALLY CONSTRAINED
COUNTIES, SUCH AS COLLIER, AND THE DEPARTMENT
OF JUVENILE JUSTICE (DJJ), AND THE CHAIR TO SEND A
LETTER INDICATING SAID SUPPORT — AS DETAILED IN
THE EXECUTIVE SUMMARY
Item #16G1
BOARD OF COUNTY COMMISSIONERS, IN ITS CAPACITY
AS COLLIER COUNTY AIRPORT AUTHORITY, APPROVES
THE ATTACHED DISADVANTAGED BUSINESS ENTERPRISE
PROGRAM AND GOALS FOR THE COLLIER COUNTY
AIRPORT AUTHORITY FOR FISCAL YEAR 2016 THROUGH
FISCAL YEAR 2018 — AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16H1
RESOLUTION 2016-39: APPOINTING KATHLEEN ELROD
(ALTERNATE CATEGORY) TO THE CODE ENFORCEMENT
BOARD FOR THE TERM EXPIRING FEBRUARY 14, 2019
Item #16I1
Page 130
February 23, 2016
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH
ACTION AS DIRECTED
Page 131
MISCELLANEOUS CORRESPONDENCE
BOARD OF COUNTY COMMISSIONERS
February 23, 2016
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. CLERK OF COURTS:
1) Items to be Authorized by BCC for Payment:
B. DISTRICTS:
1) Heritage Greens Community Development District:
Meeting Agenda 11/16/2015
Meeting Minutes 11/16/2015
2) Port of the Islands Community Improvement District:
Meeting Agenda 12/18/2015
Meeting Minutes 12/18/2015
C. OTHER:
February 23, 2016
Item #16J1
RECORDING IN THE MINUTES OF THE BOARD OF
COUNTY COMMISSIONERS THE CHECK NUMBER (OR
OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND
PURPOSE FOR WHICH REFERENCED DISBURSEMENTS
WERE DRAWN FOR THE PERIOD BETWEEN JANUARY 28
AND FEBRUARY 10, 2016 PURSUANT TO FLORIDA STATUTE
136.06
Item #16K1
RESOLUTION 2016-40: REVISING RESOLUTION NO. 2016-31
THAT CREATED THE LOCAL RULE REVIEW COMMITTEE
(LRRC) FOR THE PURPOSE OF REVIEWING MANATEE
SPEED ZONES AS PROPOSED BY THE FLORIDA FISH AND
WILDLIFE COMMISSION (FWC), IN ORDER TO INCLUDE
NON-VOTING MUNICIPAL MEMBERS
Item #17A
RESOLUTION 2016-41 : PETITION VAC-PL20150002542, TO
VACATE A PORTION OF THE CONSERVATION EASEMENT
RECORDED IN OFFICIAL RECORD BOOK 4438, PAGE 3125,
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LOCATED IN SECTION 1, TOWNSHIP 50 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, AND TO ACCEPT A
REPLACEMENT EASEMENT
Item #17B
Page 132
February 23, 2016
RESOLUTION 2016-42: APPROVING AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2015-16
ADOPTED BUDGET
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12:42 p.m.
BOARD OF COLLIER COUNTY COMMISSION
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
DO A FIALA, CHAIRMAN
ATTEST:
DWIGHTE.;3ROCK, CLERK
A .
,ice% 'j
ttest as to C
signature only. , .
These minutes app owed by the board on W1tytii 22 2 oUp
as presented or as corrected
Transcript prepared on behalf of Gregory Reporting Service, Inc., by
Cherie' R. Nottingham.
Page 133